Updates on Federal Trade Commission’s Eyeglass Rule

August 2024

The Federal Trade Commission (FTC) has concluded a multi-year review of its Ophthalmic Practice Rules, commonly known as the Eyeglass Rule, and announced final updates aimed at promoting competition and consumer choice. These updates are designed to enhance compliance with the rule’s longstanding requirement that eye doctors provide patients with a free copy of their prescription immediately following a refractive eye exam.

A key change in the revised rule is the requirement for prescribers to request a patient’s signature confirming they received their prescription, with records of this confirmation to be kept for at least 3 years. This measure seeks to address persistent non-compliance and ensure that consumers receive their prescriptions without undue hassle.

The rule, originally issued in 1978, mandates that prescribers provide patients with their eyeglass prescription immediately after any refractive eye exam, even if the patient does not request it. The rule prohibits prescribers from imposing conditions such as purchasing eyeglasses or signing waivers in exchange for the prescription.

Key updates to the Eyeglass Rule

  • Confirmation requirement: Prescribers must request patients to sign a confirmation receipt for their prescription and retain this record for at least 3 years
  • Digital prescriptions: Prescribers can provide digital copies of prescriptions with the patient’s verifiable consent. If the patient declines, a paper copy must be provided
  • Immediate provision: Prescriptions must be provided immediately after the refractive eye exam, not after any sales transaction
  • Clarified payment terms: Proof of insurance coverage is considered payment for providing the prescription
  • Terminology update: The term “eye examination” is updated to “refractive eye examination” to distinguish it from general eye health examinations

The final rule was unanimously approved by the Commission and takes effect on Sept. 24, 2024.

For more detailed information, review the following FTC resources: