Contact Lens Consumer Act Amendment
Beginning October 16, 2020 – The Federal Trade Commission (FTC) Contact Lens Consumer Act Final Amendment and how it effects consumers and providers:
The Fairness to Contact Lens Consumer Act gives people the right to comparison shop when buying contact lenses. The new amendment provides consumers easy access to their contact lens prescription by:
- Requiring lens prescribers to automatically provide a copy of a patient’s contact lens prescription after the lens fitting.
- Enabling the prescription to be sent to the patient digitally.
- Ability to Request an additional prescription copy within 40-business hours of the lens fitting appointment.
Providers must:
- Automatically provide a copy of a patient’s contact lens prescription after a lens fitting.
- Document confirmation that the patient received the prescription.
- Maintain the patient confirmation documentation for three (3) years.
O.D.s can now provide a Paper or Digital Contact Lens Prescription:
- A digital prescription copy can be provided with the patient’s verifiable consent.
- Prescribers must tell the patient the specific method of electronic delivery to be used (ex. Email, txt or portal).
- Maintain a record of the patient’s documented consent for three (3) years.
- Prescribers must provide patient or designated agents with an additional copy of their prescription on request within 40-business hours.
O.D.s must do one of the following to provide patient prescription confirmation:
- Request that the patient acknowledge receipt of the contact lens prescription by signing a separate confirmation statement;
- Request that the patient sign a prescriber-retained copy of the prescription that contains a statement confirming the patient has received it;
- Request that the patient sign a prescriber-retained copy of the sales receipt for the examination that contains a statement confirming the patient received the prescription; or
- Provide the patient with a digital copy of the prescription, and retain evidence that it was sent, received, or made accessible, downloadable, and printable.
- If a patient refuses to sign a confirmation, prescribers must note and save this information to record their compliance.
Verification Requests:
- Any prescription inaccuracy must be corrected, inform the seller if the prescription is expired and give reason if the prescription is invalid.
When providing contact lens prescription, prescribers cannot require patients to:
- Buy contact lenses
- Pay additional fees
- Sign a waiver or release in exchange for a copy of the contact lens prescription.
- O.D.s may request a patient to pay for the eye exam, fitting, and evaluation before giving them a copy of the contact lens prescription, only if immediate payment is required from patient’s whose eye exams show no need for glasses, contact lenses, or other corrective eye care products. Proof of valid insurance coverage counts a payment for purposes of this requirement.
- O.D.s can not disown liability or responsibility for the accuracy of an eye examination.
Access the FTC Fairness to Contact Lens Consumers Act
