Concluding a comprehensive multi-year review, the Federal Trade Commission today announced final updates to its Ophthalmic Practice Rules, known as the Eyeglass Rule, aimed at promoting competition and consumer choice.
The updates are designed to increase compliance with the rule’s longstanding requirement that eye doctors (ophthalmologists and optometrists) provide patients with a free copy of their prescription immediately following a refractive eye exam. The revised rule requires that in certain circumstances, prescribers must request a patient’s signature confirming they received their prescription, and prescribers must keep a record of that confirmation for at least three years.
“For decades, the FTC’s Eyeglass Rule has promoted competition by ensuring that consumers can shop around for lower prices,” said Samuel Levine, Director of the Bureau of Consumer Protection. “The FTC’s updated rule will strengthen compliance and make this market more fair and competitive.”
Lina M. Khan is Chair of the Federal Trade Commission
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Issued in 1978, the FTC’s Eyeglass Rule helps facilitate consumer choice and promote competition in the eyeglass market by requiring that prescribers automatically provide patients with a copy of their eyeglass prescription immediately after any eye exam that includes a vision test, also known as a refraction, even if the patient does not request the prescription.
Under the existing rule, prescribers cannot require that patients buy eyeglasses before providing them with a copy of their prescription, place a liability waiver on the prescription, require patients to sign a waiver in order to receive their prescription, or require that patients pay an additional fee in exchange for a copy of their prescription. Prescribers also cannot refuse to perform an eye exam unless the patient buys eyeglasses, contact lenses, or other ophthalmic goods from them.
Despite the rule’s longstanding existence, prescribers have not always complied with the automatic release requirement. In response to consumer complaints over the past several years, the FTC has sent warning letters to prescribers reminding them that they must provide patients with prescriptions at the end of an exam and cannot charge a fee or require eyeglass purchase for prescription release. But even so, surveys of consumers have repeatedly found that many consumers do not automatically receive their prescription following each refractive eye exam.
In December 2022, after receiving more than 800 public comments, the Commission proposed updating the rule to address continued non-compliance. The Commission sought additional comment on the proposed changes and held a public workshop in May 2023.
The changes announced today require that prescribers, after providing the prescription, request that their patients sign a statement confirming they received their prescription and keep a record of such confirmation for at least three years. These new confirmation requirements—which mostly mirror those already in place for contact lens prescriptions—only apply to optometrists and ophthalmologists who have a financial interest in selling prescription eyewear.
Other changes to the rule include:
- Allowing prescribers, with a patient’s verifiable affirmative consent, to provide the patient with a digital copy of a prescription instead of a paper copy; if refused by the patient, then providing a paper copy.
- Explicitly specifying that whether consent is given for digital delivery or opted for paper copy by the patient, it must be provided immediately after examination completion.
- Clarifying that presentation of proof of insurance coverage shall be deemed payment for determining when a prescription must be provided.
- Changing "eye examination" terminology to "refractive eye examination" throughout and emphasizing educating consumers on differences between an eye health examination and refractive eye examination since automatic release is only required post-refractive exams.
The Commission vote approving this final rule was unanimous at 5-0. Commissioner Rebecca Kelly Slaughter issued a separate statement. The final rule will be published soon in the Federal Register and become effective 60 days post-publication.
The primary staffer developing this final rule was Alysa Bernstein from FTC's Bureau of Consumer Protection.
Information about consumer rights under federal law is available through resources like "Buying Prescription Glasses or Contact Lenses: Your Rights." Guidance for businesses complying with these rules is also accessible through FTC channels.
The Federal Trade Commission works towards promoting competition while protecting and educating consumers. For further information on various consumer topics or reporting frauds/scams visit ReportFraud.ftc.gov. Follow FTC's updates via social media channels or subscribe for news alerts directly from FTC platforms.
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