Ophthalmic Practice Rules (Eyeglass Rule)

The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) is publishing a final rule to implement amendments to the Ophthalmic Practice Rules (‘‘Eyeglass Rule’’ or ‘‘Rule’’). These amendments require that prescribing eye care practitioners obtain a signed confirmation after releasing an eyeglass prescription to a patient and maintain each such confirmation for a period of not less than three years. The Commission is permitting prescribers to comply with automatic prescription release via electronic delivery if they first obtain verifiable affirmative consent from the patient and maintain a record of such consent for a period of not less than three years. The amendments further clarify that the presentation of proof of insurance coverage shall be deemed to be a payment for the purpose of determining when a prescription must be provided. Finally, the Commission amends the term ‘‘eye examination’’ to ‘‘refractive eye examination’’ throughout the Rule.