Ahead of the updated Eyeglass Rule of 2024, which goes into effect Tuesday, September 24, the American Optometric Association (AOA) is sharing frequently asked questions, vital information and details for doctors of optometry.
The Federal Trade Commission (FTC) issued its updated Eyeglass Rule after an extended review. The rule requires doctors of optometry to get patient confirmation that they had received a copy of their prescription at the completion of an eye exam.
WHAT TO DO AND WHEN
The updated Eyeglass Rule, also known as the Ophthalmic Practice Rules, requires doctors to obtain confirmation from a patient that their prescription was provided to them at their visit. According to the FTC, patients must be given their prescriptions prior to doctors promoting in-office eyeglasses and contact lens product sales. The new Eyeglass Rule will go into effect on Tuesday, September 24, 2024.
THE REQUIREMENTS
Doctors will be required to obtain confirmation from the patient that the eyeglass prescription was provided to the patient prior to soliciting eyeglass sales in-office. Doctors can fulfill this obligation in a few different ways described below. The updated Eyeglass Rule mirrors the requirements of the Contact Lens Rule of 2020, which requires patients to have access to their prescription before products for sale are offered to patients.
CAN PRESCRIPTIONS BE PROVIDED ELECTRONICALLY?
Yes, doctors can choose to provide the prescription electronically. However, they cannot just ask if the patient would like their prescription electronically. The patient must consent to electronic delivery and the consent must specify the method by which the prescription will be delivered. (e.g., whether via email, portal or another option). See the sample in the AOA’s Eyeglass Rule Compliance Kit for specific recommendations that comply with the updated rule.
FAILURE TO COMPLY
Failure to comply will result in warning letters and potentially civil monetary penalties. Upon investigation, the FTC may request documentation of prescription release. Doctors would need to be able to provide either the consent for electronic delivery and proof of electronic delivery or the signed acknowledgement form, receipt or signed prescription.
Can doctors use the same form to obtain consent for electronic delivery of the eyeglass prescription and the contact lens prescription?
The same form can be used. One form may be used to obtain confirmation for how patients will receive their eyeglasses and contact lens prescriptions. This is especially convenient when doctors are providing access to eyeglasses and contact lens prescriptions through online portals.
DO DOCTORS NEED TO KEEP DOCUMENTATION OF THE ACKNOWLEDGEMENT FORM OR THE CONSENT FOR ELECTRONIC DELIVERY OF THE PRESCRIPTION?
Doctors must maintain this documentation for at least three years. This includes electronic consent forms, signed on paper acknowledgements or copies of the signed prescription.
WHAT IS THE AOA DOING ABOUT THIS BURDENSOME REQUIREMENT?
AOA continues to advocate for reducing regulatory burden.
LEARN MORE
Please see the AOA’s Eyeglass Rule Compliance Kit. The toolkit includes frequently asked questions, authorization templates and information regarding the AOA’s advocacy around the Eyeglass Rule.
Featured photo credit: Getty Images, Kobus Louw
