Address questions about proposed eyewear rule changes at May 18 event

The FTC is considering proposed changes to the eyewear rule and has announced a public workshop on May 18, 2023, to “take a clear look at the eyewear rule.”IIf you have clients in this industry, or you are interested in consumer rights when purchasing eyeglasses, you will want to read the Federal Register Notice to see how these issues are addressed.

The Ophthalmology Practice Rule (most people call it the Spectacle Rule) requires ophthalmologists and optometrists to provide patients with a copy of their prescription immediately after completing an eye exam. Prescribers cannot require patients to purchase glasses, pay additional fees, or sign a waiver or release as a condition of receiving a prescription. Additionally, the rule requires prescribers to provide patients with copies of their prescriptions, even if the patients do not request them and even if their prescriptions have not changed.

In December 2022, the FTC proposed revisions to the eyewear rules. One notable amendment will require prescribers to ask patients to sign an acknowledgment confirming they have received their prescription. The prescriber is required to retain this confirmation for three years. The idea behind the proposal is that it would encourage prescribers to comply with the rule, remind patients of their rights, and provide prescribers with a way to verify compliance. Other proposed changes would allow prescribers to provide a digital (rather than a paper) copy of a prescription with the patient’s verifiable affirmative consent and clarify that a patient’s proof of insurance coverage will be considered payment for purposes of determining when a prescriber must ​​Requires prescription. Another proposal: Change the term “eye examination” throughout the rule to “refractive eye examination.”

Understand the rules of glasses clearly The conversation will continue at a half-day event on May 18 from 9:00 to 1:00 pm ET in the FTC Constitution Center Conference Room. Can’t get to DC that day? Watch the webcast via the link we posted that morning. We will announce the agenda soon, but discussions are likely to focus on the proposed prescription issuance confirmation requirement for eyeglass prescriptions, consumer and prescriber experience with how similar requirements for contact lens prescriptions work, other proposed changes to the rule, and responses to the proposed rule Develop issues raised in public comments submitted on notice.

The Federal Trade Commission is accepting requests to participate as a panel member. If you are interested, please follow the procedures in today’s Federal Register notice and email eyeglassworkshop2023@ftc.gov by April 7, 2023. Additionally, if you would like to submit written comments, we will open public records until June 20, 2023.