The Federal Trade Commission (FTC) enforces the Eyeglass Rule, a crucial regulation ensuring your right to your Eye Doctor Prescription. Whether you realize it or not, this rule mandates that ophthalmologists and optometrists provide you with a copy of your prescription after an eye exam, even before they offer to sell you eyeglasses. This is not just a suggestion – it’s the law. To help you understand and navigate this rule, here are some key questions and answers based on the Eyeglass Rule.
What Information Must Be Included in My Eye Doctor Prescription?
According to the Eyeglass Rule, an eye doctor prescription is defined as the “written specifications for lenses for eyeglasses which are derived from a refractive eye examination.” This must include all information mandated by state law to ensure you can obtain eyeglasses.
Many states have specific requirements for what must be on your eye doctor prescription, often including:
- Your full name as the patient.
- The date your eye exam was conducted and/or the prescription was issued.
- The expiration date of the prescription.
- Your eye doctor’s name, contact details, and signature.
For clarity and accuracy, your prescription should be fully legible and complete. Furthermore, some states require the inclusion of your pupillary distance (PD) on the prescription. This measurement is essential if you intend to purchase eyeglasses online. While not always mandatory, if your eye doctor measures your pupillary distance, it’s highly recommended they include it on your eye doctor prescription. Federal or State record requirements may entitle you to this information, but obtaining it separately could be more time-consuming for both you and your eye doctor.
When Should I Receive My Eye Doctor Prescription?
You are entitled to receive a copy of your eye doctor prescription in the following instances:
- Immediately after the completion of any refractive eye examination. This applies regardless of the exam’s purpose and whether you were charged for the refraction.
- Automatically, without needing to request it.
- Before your eye doctor or their staff offers to sell you eyeglasses.
A refractive eye examination, as defined by the Rule, is “the process of determining the refractive condition of a person’s eyes or the presence of any visual anomaly by the use of objective or subjective tests.”
To ensure compliance, if your front desk staff is responsible for distributing prescriptions, they must be properly trained on the Eyeglass Rule. Prescriptions should be provided at the end of your eye exam without you having to ask and without any additional charge. Simply asking if you want your prescription does not fulfill the requirement. Unless you explicitly refuse to receive your eye doctor prescription, which should be documented in your file, it must be given to you automatically. Crucially, this must happen before any offer to sell you eyeglasses is made.
Can My Eye Doctor Provide My Prescription Digitally?
Yes, your eye doctor prescription can be provided digitally, such as via email, text message, or an online portal, but only if all of the following conditions are met:
- You must affirmatively agree, either in writing or electronically, to receive your prescription digitally instead of on paper. Digital delivery should not be the default option; your preference for a paper prescription must be honored.
- You must affirmatively agree, in writing or electronically, to the specific digital delivery method being used (e.g., email, text, online portal).
- You must be able to easily access, download, and print the digital prescription. If an online portal is used, you should have access to your eye doctor prescription for as long as it remains valid.
It’s important to note that digital delivery does not alter the required timing. Whether digital or paper, you must receive your eye doctor prescription immediately after the eye exam and before any offer to sell eyeglasses.
Your eye doctor is required to keep records of your consent to digital delivery for at least three years. It’s essential that you are clearly informed about how to locate and access your digital prescription.
Do I Need to Re-consent to Digital Prescriptions at Every Appointment?
The Eyeglass Rule doesn’t mandate obtaining consent for digital eye doctor prescription delivery at each appointment. If you’ve agreed to a specific digital method and have had the option to choose your delivery preference, a one-time authorization is generally sufficient, provided the same method is consistently used. However, if your eye doctor changes their delivery method (for instance, switching from email to an online portal), they must obtain your consent for the new method. You also have the right to revoke your consent to digital delivery at any time.
For long-term digital delivery, if your consent extends beyond three years, the consent record should be retained for as long as it’s relied upon, plus an additional three years.
For example, if you consent to email delivery in September 2024 and this is used until your September 2028 appointment, and in 2029 you consent to portal delivery, your eye doctor should keep the email consent until at least September 2031 and the portal consent for three years after it’s no longer relied upon.
Is My Eye Doctor Required to Confirm I Received My Prescription?
Generally, yes. If your eye doctor sells eyeglasses or has a financial interest in eyeglass sales, they are required to ask you to confirm in writing that you received your eye doctor prescription after providing it. This confirmation request should not be part of pre-appointment paperwork; any confirmation obtained before you receive your prescription is not compliant with the Rule.
Records of these confirmations must be kept for at least three years.
Alternatively, providing a digital copy of your eye doctor prescription (via email, text, or portal) is acceptable. However, this requires your prior written affirmative consent to the specific digital method, and a record of this consent must be kept as described earlier. Furthermore, records must be maintained for at least three years proving the prescription was sent, received, or made accessible, downloadable, and printable. You may be asked to consent to digital delivery before the examination, but if you don’t consent, you must be given a paper prescription and asked for written confirmation of receipt.
The only exception to this confirmation requirement is if your eye doctor has no direct or indirect financial interest in selling eyeglasses. In this case, confirmation of receipt is not mandatory.
What Happens If I Refuse to Sign a Confirmation of Receipt?
If you refuse to sign a confirmation of receipt, your eye doctor should note the refusal on the receipt, sign it themselves, and retain it for at least three years.
How is “Financial Interest” Defined Regarding Eyeglass Sales?
Having a “financial interest” in eyeglass sales is broadly defined. If your eye doctor is associated, affiliated, or co-located with an eyeglass seller, this is considered a financial interest. Other arrangements where your eye doctor financially benefits from a seller could also qualify. If there is any uncertainty, it’s best for your eye doctor to err on the side of caution and request confirmation of receipt for your eye doctor prescription.
Can One Document Confirm Receipt of Both Eyeglass and Contact Lens Prescriptions?
Yes. To streamline the process, a single document can be used to confirm receipt of both an eye doctor prescription for eyeglasses and a contact lens prescription, provided both are finalized at the same time. This document must clearly indicate that your signature confirms receipt of both prescriptions. Similarly, a single consent form can cover digital delivery for both types of prescriptions, as long as it’s clear you are consenting to digital delivery for both.
Can My Eye Doctor Charge for the Eye Exam or the Prescription Itself?
Yes, eye doctors can charge for the refractive eye exam. However, requiring payment for the exam before providing your eye doctor prescription is only permissible if immediate payment is always required from all eye exam patients. Presenting proof of insurance coverage is considered payment in this context.
What your eye doctor cannot do is charge an extra fee for the prescription itself or require you to purchase eyeglasses or contact lenses in exchange for receiving your prescription.
While charging for services is permitted, the Eyeglass Rule prohibits charging for a copy of the prescription following a refractive examination. If a refraction is part of your eye exam, the prescription must be provided, regardless of whether you are charged for the refraction service. In essence, eye doctors cannot perform refractive exams on all patients and then only charge those who request their prescriptions. It’s important for eye doctors to educate patients if they bill separately for eye health and refractive examinations.
An additional fee can be charged for verifying eyeglasses dispensed by another seller, but only when this verification service is actually performed.
Can Eye Exams Be Advertised as Bundled with Eyeglasses?
Yes. Advertising a single price for an eye examination and eyeglasses, or offering a “free exam” with eyeglass purchase, is allowed. However, the crucial point remains: you must still receive your eye doctor prescription before being offered eyeglasses for sale. This ensures you have the freedom to utilize the advertised bundle or simply pay for the exam and leave with your prescription, without any obligation to purchase eyeglasses. The eye exam cannot be made conditional on purchasing eyeglasses.
Can My Eye Doctor Ask Me to Sign a Liability Waiver?
No. Your eye doctor cannot present a liability waiver or disclaimer, nor can they require you to sign one as a condition for releasing your eye doctor prescription.
Are There Any Exceptions to the Eyeglass Rule?
The Eyeglass Rule does not apply to ophthalmologists or optometrists who are employed by any Federal, State, or local government entity.
Where Can I Report Violations of the Eyeglass Rule?
If you believe there has been a violation of the Eyeglass Rule or the Contact Lens Rule, you can report it online at ReportFraud.ftc.gov. The FTC and other law enforcement agencies use these reports to take action against those who break the law.
For Further Information
The FTC is dedicated to preventing deceptive, unfair, and fraudulent practices affecting businesses and consumers. Report any bad business practices at ReportFraud.ftc.gov. Business guidance is available at business.ftc.gov to help companies comply with regulations. Staying informed about your legal responsibilities is essential for any organization. For updates on recent cases and initiatives, you can Subscribe to the FTC’s Business Blog.
Your Opportunity to Comment
The National Small Business Ombudsman and Regional Fairness Boards collect feedback from small businesses on federal compliance and enforcement. The Ombudsman evaluates these activities annually and rates agency responsiveness to small businesses. Small businesses can provide confidential feedback by calling 1-888-REGFAIR (1-888-734-3247) or visiting www.sba.gov/ombudsman.
