FTC Finalizes Eyeglass Rule to Promote Competition and Patient Choice for Glasses

The “Eyeglass Rule” became effective September 24, 2024, pursuant to the Ophthalmic Practice Rules issued by the Federal Trade Commission. Per the final rule, ophthalmologists and optometrists must comply with the following requirements:

• Provide patients with a copy of their prescription immediately following a refractive eye exam, before products for sale are offered to the patient.

• If using a paper prescription, patients need to acknowledge receipt of their prescription and prescribers must maintain such acknowledgement for three years.

• If using a digital prescription, patients must consent to the method of delivery (email, portal, text message, etc.) before the prescription is sent, and prescribers must maintain confirmation that the prescription was sent for three years.

These requirements do not apply to prescribers who do not have a financial interest in the sale of eye wear, or to prescribers who are employed by any federal, state, or local government.

Click Here to read the entire October 2024 Healthcare Law Update now!

For more information, contact:
John D. Fanburg, Chair | 973.403.3107 | jfanburg@bracheichler.com
Edward Hilzenrath | 973.403.3114 | ehilzenrath@bracheichler.com
Erika R. Marshall | 973.364.5236 | emarshall@bracheichler.com