Eye should Have: A copy of your eyeglass prescription. This is a right protected by the Ophthalmic Practice Rules, also known as the Spectacle Rule for the millions of people who benefit from them. Glasses-It has provided them with wonderful options over the years. The rule requires prescribers to provide a copy of a prescription to a patient immediately after an examination to determine the refractive power of the patient’s eye, even if the patient does not request it and even if the prescription has not changed. The FTC has issued a notice of proposed rulemaking to strengthen protections under the eyewear rule and is asking for your comments.
The Eyewear Rules, in place since 1978, encourage consumer choice and promote competition in the eyewear market. A key component of the rule is ensuring consumers have copies of their prescriptions so they can compare price, style and service from local suppliers, national chains, big box stores, online sellers and more.
But we have heard that some prescribers may not be fulfilling their obligation to provide patients with a copy of their prescription, whether or not the patient requests it. FTC staff has issued warning letters reminding prescribers of their responsibilities under the rule. The just-released notice proposes some additional protective measures.
You’ll need to read the Notice of Proposed Rulemaking for the details, but the major amendment to the FTC’s proposed rule would require prescribers to require patients to sign an acknowledgment that they have received a prescription for eyeglasses. The prescriber is required to retain this confirmation for three years. The idea is that confirmation will encourage patient compliance, remind patients of their rights, and provide prescribers with a way to verify that they meet the requirements of the rule.
If the proposal to retain signed acknowledgments for three years sounds familiar, that’s because it’s already a requirement under the Federal Trade Commission’s contact lens rule.Therefore, another potential advantage of the proposed amendments could be to harmonize the confirmation processes for these two rules, thereby eliminating the need for prescribers to Implement separate procedures.
Among other things, the Notice of Proposed Rulemaking requires you to provide in-depth knowledge of issues regarding the costs and benefits of the proposal. You will have 60 days after the notice is published in the Federal Register to submit public comments. In the meantime, professionals in the field can focus on compliance inspections by reviewing Complying the Eyewear Rule, Contact Lens Rule: A Guide for Prescribers and Sellers, and FAQ: Complying the Contact Lens Rule.
Before your next eye exam, consumers should read Buying Prescription Glasses or Contact Lenses: Your Rights to learn how the Eyeglass Rule and Contact Lens Rule protect you.
