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Rule2024-156202024-07-26

Ophthalmic Practice Rules (Eyeglass Rule)

Federal Trade Commission

Abstract

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.

Action & Dates

Action
Final rule.
Dates
This rule is effective September 24, 2024.
Effective Date
2024-09-24

CFR References

Topics

AdvertisingMedical devicesOphthalmic goods and servicesTrade practices

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Trade Commission 16 CFR Part 456 RIN 3084-AB37 AGENCY: Federal Trade Commission. ACTION: Final rule. SUMMARY: 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. DATES: This rule is effective September 24, 2024. FOR FURTHER INFORMATION CONTACT: Alysa S. Bernstein, Attorney, (202) 326-3289; Sarah Botha, Attorney, (202) 326-2036; or Paul Spelman, Attorney, (202) 326-2487, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEM

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Full Document

Citation: 89 FR 60742