16 CFR Part 456 ; Agency Information Collection Activities: Review; Comment Request Ophthalmic Practice Rule (Eyeglass Rule): FTC Project No. R511996
1. Sellers should NOT be allowed to sell contact lenses in the event that no response for prescription verification occurs within eight business hours from the Prescriber. Instead, the Seller should be required to notify the Buyer/Consumer that the Prescriber has not responded. It would then be the responsibility of the Buyer to contact the Prescriber to obtain either confirmation that the Seller will be notified of the correct prescription or to confirm that the Prescriber will immediately provide either the Seller or the Buyer/Consumer a current copy of the contact lens prescription or a reason that the contact lens prescription requested is not valid. Otherwise, the incorrect contacts could be mistakenly/inadvertently provided. Worse yet, a Buyer/Consumer could obtain contact lenses without ever having a contact lens exam/fitting or ever having been prescribed contact lenses. In the alternative, the Seller could attempt to obtain the same information from the Prescriber on behalf of the Buyer/Consumer if the Prescriber has not responded within the eight-hour window. The verification procedure should be no different from what is now done with prescription medication. If the prescription has expired or the number of refills has been exhausted, the Pharmacy/Seller attempts to obtain authorization from the Prescriber. The medication is NOT provided to the Buyer/Consumer simply because the Prescriber has not responded. The Buyer/Consumer is then instructed to contact the Prescriber to obtain a new prescription or authorization for a refill. 2. The PD should NOT be a required element of a glasses prescription as the determination of PD is a function of the fitter/dispenser/optician, NOT a function of the Prescriber. 3. A contact lens prescription and/or a glasses prescription should be valid for no longer than one year.