WASHINGTON, D.C.—Last week, as reported in VMAIL, the Federal Trade Commission (FTC) announced final updates to its 10-year Ophthalmic Practice Rules, known as the Eyeglass Rule. According to the FTC, the updates, which are scheduled to take effect 60 days after publication in the Federal Register, are designed to increase compliance with the rule’s long-standing requirement that ophthalmologists and optometrists who have a financial interest in selling prescription eyewear provide patients with a free copy of their prescription following a refractive eye exam. In addition, they will also be required to undertake the following:

● Obtain a signed statement from patients confirming they received their prescription.

● Keep a record of the signed confirmation for at least 3 years.

● Offer a digital prescription as an option, with patient consent.

Optical industry associations were quick to respond to the FTC’s final update, including the American Optometric Association (AOA), which highlighted its continued advocacy efforts.

“Too many officials and agencies remain out of touch with what we face every day in our practices, and the result can be an emboldened bureaucracy and schemes for burdensome new mandates,” said AOA president Steven T. Reed, OD. “Our AOA will never stop fighting to change that and to stand up for the doctor-patient relationship as the foundation of optometry’s essential and expanding role in health care.”

The AOA noted that since the FTC proposed changes to the Eyeglass Rule in 2015, the AOA has “consistently and proactively communicated with the FTC to provide data, information and experiences from the front lines of patient care on how new paperwork requirements continue to add burden to optometry practices.” The group added that in total, the AOA’s inquiries, official replies, reports, data submissions and official agency contacts during the review period totaled 133 in the final rule.

The AOA also announced it will soon provide member doctors compliance tools and guidance with a goal of easing burdens associated with the FTC’s rule update, as well as renew its work with the commission and other federal enforcement agencies to spur a crackdown on illegal medical device sales and internet scams.

The American Academy of Optometry also expressed its concerns in a statement issued to VM over the FTC’s final ruling, supporting the AOA’s stance.

“The American Academy of Optometry understands and agrees with the desire of regulatory agencies to create policies that ensure patients have a choice in where they purchase prescribed eyeglasses. However, these rules should not create an unnecessary administrative burden on doctors, diverting time away from optometry’s primary role of delivering much needed comprehensive eyecare. The Academy supports our strategic partners, including the American Optometric Association, that are actively advocating for common sense policies that can balance these often-competing goals,” noted the American Academy of Optometry statement. 

The Commission, as part of its 178-page final draft of the ruling, asserted that prescribers’ failure to provide consumers with prescriptions at the completion of an eye exam—held to be an unfair act or practice when the Eyeglass Rule was enacted—remains prevalent, and tens of millions of Americans every year are not receiving their eyeglass prescriptions as required. The Commission also found that “significant harm to consumers continues to exist and that, without the Rule’s requirements, consumers could not reasonably avoid the injury resulting from the unfair acts and practices prohibited by the Rule.”

The American Academy of Ophthalmology, the largest association of eye physicians and surgeons, weighed in on the FTC’s final ruling in a statement issued to VM that took issue with assertions of noncompliance.

“The American Academy of Ophthalmology has a long history of supporting efforts to improve consumer choice and ensure that they can obtain eyeglasses in a cost-effective manner, promoting optimal vision and eye health. Unfortunately, we believe FTC’s updates to the Eyeglass Rule are misguided and will do more harm than good. The ophthalmic community has an exemplary record of compliance with prescription release requirements of the existing Eyeglass Rule. We are disappointed that the FTC did not take the prudent and appropriate step of targeting new administrative and financial burdens on non-compliant prescribers. Instead, they have chosen to ignore the compliance of our members and penalize them in the same manner as prescribers flouting requirements of the existing Rule. The Academy strongly opposes such actions,” the statement read.  
 
VM also reached out to the newly-formed United Opticians Association (UOA) but the group did not provide comment.

   
 Vision Monday wants to know what the FTC’s update to the Eyeglass Rule means for your business, and have made a survey available for opticians, optometrists and ophthalmologists. Take our survey here.