Risk Management

October Alert: FTC Contact Lens Rule Effective October 16

October 9, 2020
Dear OMIC Insureds:

The following information is shared with you to ensure you are aware of the Federal Trade Commission’s New Contact Lens (prescription) Rule and you understand how you can meet those requirements.

The FTC rule requires contact lens prescription prescribers do the following:

  1. Provide patients with a copy of their contact lens prescription.
  2. Confirm patients have received their contact lens prescription.
  3. Keep a record of the patient’s confirmation for at least three years.
  4. Contact lens prescribers must note if a patient refuses to sign a confirmation and save that refusal in their medical record.

In changing the rule, the FTC exempted prescribers who lack a financial interest in the sale of contact lenses.

There are four ways prescribers can comply:

  1. Request that the patient sign a form, confirming they received their contact lens prescription.
  2. Request that the patient sign a copy of a contact lens prescription that was provided. You must retain a copy in your records and provide the patient with a copy of the signed document.
  3. Request that the patient sign a prescriber-retained copy of the sales
    receipt for the examination that contains a statement confirming
  4. If a digital copy of the prescription was provided to the patient (via
    your online portal, electronic mail or text message), retain evidence
    that such prescription was sent, received or made accessible,
    downloadable and printable.

In addition to the above requirements, OMIC has developed patient information forms to help you respond to patient requests for their contact lens prescription as well as a Contact Lens Agreement template for your practice.

Click on the following link to the OMIC website to download these documents. https://www.omic.com/contact-lens-prescriptions-patient-forms/

Contact OMIC’s Risk Management department if you have questions by calling 1-800-562-6642 and enter ‘4’ for Risk Management, or email us at riskmanagement@omic.com.


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