16 CFR Part 315; Agency Information Collection Activities: Review; Comment Request; Contact Lens Rule: FTC Project No. R511995
In my experience, there are loopholes in the current Fairness to Contact Lens Consumers Act, that allow the original intentions of the law and the best medical interest of the patients to be side-stepped. In the instance of passive Rx verification, my office may receive a fax after hours on Friday and since we do not return until Tuesday morning, these prescriptions are filled. Some of these prescriptions are incorrect prescriptions, expired or incorrect. It poses a great risk to the patients and undue liability exposure to The responsibility for providing verification of the Rx should be in the hands of the patient, not the seller. In many cases, for instance, patients are allowed to dictate their prescription into an online form, and the seller contacts the provider on their behalf to verify the prescription. If the provider does not confirm within 24 hours, the prescription may be filled and shipped regardless of its accuracy and expiration. If these medical devices are important enough to be controlled via prescription, why should it be treated any differently than any other prescriptions? While I do not object to freedom of choice, I object to the complacent attitude regarding the proper dispensing of medical devices in the name of patient convenience. Yes, contact lenses are widely utilized by the public. So are contraceptives, anti-hypertensives, and statins. Treat these prescriptions equally and have patients surrender their prescriptions (which we are mandated to provide) to the dispenser.