Federal Trade Commission Eyeglass Rule – Effective September 2024

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The Federal Trade Commission (FTC) Eyeglass Rule, officially titled 16 CFR Part 456, is a regulation that mandates eyecare providers to provide patients with a copy of their eyeglass prescription immediately after an eye examination. This rule applies regardless of whether the patient requests the prescription, and even if the examination does not indicate a change in the prescription.

 

The FTC Eyeglass Rule will go into effect September 2024.

 

Rule Highlights:

  • Automatic Release of Prescription: After completing an eye exam, you must provide the patient with a copy of their eyeglass prescription, even if they do not ask for it.
  • No Conditions or Fees – You cannot require patients to purchase eyeglasses from you, nor can you charge an additional fee for releasing the prescription.
  • No Waivers – Patients should not be asked to sign a waiver or any form of agreement to receive their prescription.
  • Contact Lens Prescription – Note that there are separate rules for contact lens prescriptions, detailed under the Contact Lens Rule (16 CFR Part 315).

 

How can our providers comply with this Rule?

 

We currently offer two workflow solutions:

 

Electronic Workflow

After completing the final refraction, the user can generate a prescription validation form in the letter editor. If you are using the EMR for digital signatures, the patient can sign the validation form, which can then be printed for the patient and a copy saved to Patient Documents. Alternatively, the form can be printed, signed, and scanned. Instructions on how to access the validation form in the ShareCloud and a guide to completing the validation form can be found in the e-Learning center.

 

Paper Workflow

After completing the final refraction and providing the patient with a written copy of the prescription, have the patient sign a paper form listing all prescriptions given that day/week/month.

We will continue to evaluate workflow solutions to minimize staff burden and streamline this process.

 

Other Important Considerations:

  • The rule only applies to practices/providers that have a financial stake in the selling of eyeglasses.
  • The patient is required to sign a statement of receipt of their eyeglass prescription prior to being offered eyeglasses for sale. If the patient requests a paper copy, a signature is required each time. If providing a digital copy, the patient needs only sign a one-time consent. Currently, EyeMD does not have a digital option, however additional options are being explored.
  • Two foundational purposes of the Rule have been to (a) separate the eye examination from the purchase of eyeglasses, and (b) ensure that consumers have possession of their ophthalmic prescriptions, so they are able to comparison-shop for glasses.
  • A prescription is not required to be provided for diagnostic refractions (for example, post op or pre op refractions, autorefractors, etc.)

If you have any questions or need further assistance, do not hesitate to reach out to us.

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