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Event Description

The Federal Trade Commission will host a public workshop on May 18, 2023, to examine proposed changes to its Ophthalmic Practice Rules, also known as the Eyeglass Rule (16 C.F.R. Part 456). The workshop, A Clear Look at the Eyeglass Rule, is being held in conjunction with the Commission’s regulatory review of the Eyeglass Rule. A Notice of Proposed Rulemaking (NRPM) was issued in January 2023 announcing proposed changes to the Rule.

The Eyeglass Rule, in place since 1978, is designed to facilitate consumer choice and promote competition in the eyeglass market by requiring ophthalmologists and optometrists to provide patients with a copy of their prescription immediately after the completion of an eye exam.

Specific topics will include:

  • The Rule’s prescription release requirement, including the ongoing barriers consumers are facing and the roadblocks to effective compliance;
  • The proposed confirmation requirement and how a similar requirement in the Contact Lens Rule has been working in practice since it came into effect in 2020;
  • Other proposed changes to the Eyeglass Rule, including changes permitting digital prescription release in certain circumstances, clarifying that proof of insurance coverage counts as payment, and changing the term “eye examination” to “refractive eye examination” throughout the rule.”

The workshop is open to the public, and there is no fee to attend.  The event will be held from 9:00 a.m. to 1:00 p.m. ET at the Constitution Center (first floor conference rooms), 400 Seventh St., SW, Washington, DC 20024, and webcast on the FTC’s website at FTC.gov. A link to the webcast, as well as the agenda and speaker information, will be posted in advance of the event. Registration is not required.

In conjunction with this event, the FTC is seeking additional public comment. The public will have until June 20, 2023 to submit comments to accommodate those who wish to provide input on the topics discussed at the event. Information on how to submit comments can be found on Regulations.gov.

  • Agenda

    Thursday, May 18

    7:45 am

    Registration
    9:00 am

    Welcome and Opening Remarks

    Samuel Levine
    Director, Bureau of Consumer Protection, Federal Trade Commission
    9:15 am

    Panel 1: Prescription Release

    The FTC recently sent cease-and-desist letters to prescribers of eyeglasses and contact lenses based on consumer complaints that patients were not automatically given, or denied, or charged for their prescriptions. This panel will consider the need for the Eyeglass Rule’s prescription release requirement in today’s marketplace. Panelists will discuss the ongoing barriers consumers are facing and the roadblocks to effective compliance with the Rule.

    Moderators:

    Paul Spelman
    Attorney, Division of Advertising Practices, Bureau of Consumer Protection

    Beth Freeborn
    Economist, Consumer Protection Division, Bureau of Economics

    Panelists:

    Sara D. Brown, MPA
    Director of Government Affairs, Prevent Blindness

    Wallace W. Lovejoy
    Chair, National Association of Retail Optical Companies

    Dr. Jeffrey Michaels, OD
    Co-owner, Family Vision Care

    Felecia P. Neilly
    Consumer of eyeglasses and contact lenses

    Dr. Andrew Stivers, PhD
    Associate Director, NERA Economic Consulting
    10:15 am

    Break
    10:30 am

    Presentation: Implementing the Contact Lens Rule Confirmation Requirement

    Dr. Stephen M. Montaquila, OD
    President, West Bay Eye Associates
    10:45 am

    Panel 2: Examining the Confirmation Requirement and Lessons Learned from the Contact Lens Rule

    The proposed amendments to the Eyeglass Rule include a requirement that prescribers obtain a signed confirmation from patients when they provide a copy of the prescription. A similar requirement has been in effect for the Contact Lens Rule since 2020. Panelists will discuss how the confirmation of prescription release is working in practice:  what methods are prescribers using to fulfill their obligations to obtain a signed confirmation and keep a record of it for three years; are there any options for easing the burden of this requirement; and what compliance issues have arisen?

    Moderator:

    Alysa Bernstein
    Attorney, Division of Advertising Practices, Bureau of Consumer Protection

    Panelists:

    Dr. Mahsa Masoudi, OD
    Optometrist, Marietta Eye Clinic

    Dr. Stephen M. Montaquila, OD
    President, West Bay Eye Associates

    Joseph B. Neville
    Executive Director, National Association of Retail Optical Companies

    Dr. Michael Repka, MD, MBA
    Medical Director for Governmental Affairs, American Academy of Ophthalmology
    Vice Chair for Clinical Practice, Wilmer Eye Institute and Professor of Ophthalmology, Johns Hopkins Medicine

    Pete Sepp
    President, National Taxpayers Union & NTU Foundation
    11:45 am

    Break
    12:00 pm

    Panel 3: A Focus on Other Proposed Rule Changes

    In addition to the proposed confirmation requirement, the FTC is considering three other amendments to the Rule:  allowing prescribers, with a patient’s verifiable affirmative consent, to provide the patient with a digital copy of a prescription in lieu of a paper copy; clarifying that a patient’s proof of insurance coverage is considered payment for the purpose of determining when a prescription must be provided; and changing the term “eye examination” to “refractive eye examination” throughout the rule. Panelists will discuss the likely effects these changes would have on patients and prescribers.

    Moderator:

    Sarah Botha
    Attorney, Division of Advertising Practices, Bureau of Consumer Protection

    Panelists:

    Dr. Aarlan Aceto, OD
    Board of Director and Chair, Legislative Committee, Opticians Association of America
    President, National Federation of Opticianry Schools

    Dr. Artis Beatty, OD
    Chief Medical Officer, MyEyeDr.

    Rebecca Hyder
    Vice President of Governmental Affairs, American Academy of Ophthalmology

    Wallace W. Lovejoy
    Chair, National Association of Retail Optical Companies

FTC Privacy Policy

Under the Freedom of Information Act (“FOIA”) or other laws, we may be required to disclose to outside organizations the information you provide when you pre-register for events that require registration. The Commission will consider all timely and responsive public comments, whether filed in paper or electronic form, and as a matter of discretion, we make every effort to remove home contact information for individuals from the public comments before posting them on the FTC website.

The FTC Act and other laws we administer permit the collection of your pre-registration contact information and the comments you file to consider and use in this proceeding as appropriate. For additional information, including routine uses permitted by the Privacy Act, see the Commission’s Privacy Act system for public records and comprehensive privacy policy.

This event will be open to the public and may be photographed, videotaped, webcast, or otherwise recorded.  By participating in this event, you are agreeing that your image — and anything you say or submit — may be posted indefinitely at ftc.gov or on one of the Commission's publicly available social media sites.

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