June 27, 2024 — After a comprehensive multiyear review, the Federal Trade Commission (FTC) announced final updates to its Ophthalmic Practice Rules, known as the Eyeglass Rule, aimed at promoting competition and consumer choice.

The updates aim to increase compliance with the rule’s requirement that eye doctors provide patients with a free copy of their prescription immediately following a refractive eye exam. The revised rule requires prescribers, in certain circumstances, to request a patient’s signature confirming they received their prescription, and a record of that confirmation must be kept for at least three years.

Mirroring requirements already in place for contact lens prescriptions, these updates apply only to optometrists and ophthalmologists who have a financial interest in selling prescription eyewear.

Other changes to the rule include:

• Prescribers can provide the patient with a digital copy of a prescription in lieu of a paper copy, but if the patient refuses the digital copy, the prescriber must provide a paper copy.
• It is explicitly specified that, whether the patient consents to digital delivery or opts for a paper copy of their prescription, the prescription must be provided immediately after the examination is completed.
• The presentation of proof of insurance coverage shall be deemed payment for the purpose of determining when a prescription must be provided.
• The term “eye examination” has been changed to “refractive eye examination” throughout the text, reflecting the need for prescribers to educate consumers about the difference between an eye health examination and a refractive eye examination.

“For decades, the FTC’s Eyeglass Rule has promoted competition by ensuring that consumers can shop around for lower prices,” says 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.”

Issued in 1978, the FTC’s Eyeglass Rule requires 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. Further, 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 to receive their prescription, or require that patients pay an additional fee 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.

Surveys have found that many consumers do not automatically receive their prescription following a refractive eye exam. The FTC has responded to consumer complaints by sending 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 an eyeglass purchase for prescription release.

After receiving more than 800 public comments, the FTC proposed updating the rule to address continued noncompliance, sought additional comments on the proposed changes, and held a public workshop in May 2023.

The vote approving the final rule was 5-0. It is set to be published in the Federal Register soon and will become effective 60 days after publication.