Eye Doctors Face Legal Action for Violating Contact Lens Rule, Warns FTC

The Federal Trade Commission (FTC) has recently sent cease-and-desist letters to 24 prescribers’ offices in response to reports of potential violations of the Contact Lens Rule by some eye doctors. This rule mandates that patients are provided with a copy of their contact lens prescription after completing a fitting with their eye care professional. The rule applies regardless of whether or not the patient requested a copy, or if the prescription has undergone any changes.

The Fairness to Contact Lens Consumers Act governs the Contact Lens Rule, which aims to enable individuals to compare prices when purchasing prescription contact lenses. This rule has been in effect since 2004 and underwent an amendment in 2020. Despite this, the FTC continues to receive reports of some eyecare professionals violating the law.

The recently sent cease-and-desist letters remind prescribers of their obligations under the Rule, which include:

● Prescribers are not permitted to charge patients for their prescriptions, nor require them to purchase contact lenses or sign waivers in order to receive their prescription.

● Eye doctors may require payment for eye exams and fittings prior to providing a copy of the prescription, as long as immediate payment is also required from patients who are found to not require contacts during the exam. Proof of insurance coverage for services is accepted as payment.

● Eye doctors are required to disclose the manufacturer's name, the trade name of the private label brand, and the trade name of any equivalent brand when prescribing private label lenses. This requirement is in place to allow consumers to make informed decisions when purchasing the prescribed contact lens or a similar one.

● In cases where prescribers have a financial interest in the sale of contact lenses, they are obligated to request that patients sign an acknowledgement attesting to having received their prescription. This requirement is in place to ensure that patients are fully aware of their rights to obtain their prescription, regardless of any financial interests held by their prescriber.

The letters to certain prescribers include warnings about the following obligations when they receive requests from third-party sellers:

● In cases where a third-party seller requests prescription verification from a prescriber, a general denial must not be provided. Instead, if the prescription is found to be invalid or inaccurate, the prescriber must indicate the specific basis for its invalidity and, if possible, provide the necessary corrections to the prescription. This requirement is in place to ensure that patients receive accurate and appropriate prescriptions that can be filled by third-party sellers.

● When a prescriber receives a request for a prescription copy from a third-party seller, they must either furnish the requested prescription or indicate that it is no longer valid or current within forty business hours of receiving the request. This requirement is in place to ensure that patients' rights to obtain and use their prescription as they see fit are protected, and that third-party sellers have access to the necessary prescription information in a timely manner.

Furthermore, several of the cease-and-desist letters sent by the FTC expressed concerns that some prescribers may have violated the Eyeglass Rule, which mandates that eyeglass prescriptions be provided to patients following refractive eye exams, and prohibits prescribers from charging for the prescription or requiring patients to purchase eyeglasses. These letters were sent to remind prescribers of their legal obligations and ensure that patients' rights to obtain and use their prescriptions are protected.

The letters sent by the FTC to prescribers remind them of their legal obligations and advise that they review the relevant Rules and comply with their requirements. The prescribers are also warned that failure to comply could result in legal action and financial penalties of $50,120 per violation. The purpose of these letters is to ensure that prescribers adhere to the rules and protect patients' rights to obtain and use their prescriptions as they see fit.