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Senator Schumer and AOA President-Elect Encourage FTC to Change Eyeglass Rule
NEW YORK—Following the Federal Trade Commission’s (FTC) request for comment on the Ophthalmic Practice Rule (Eyeglass Rule) and the Contact Lens Rule, as reported by VMail Sept. 4, 2015, some prominent politicians and eyecare professionals have added their voices to request changes to the Eyeglass Rule.
Senator Charles Schumer (D-NY).
Standing in front of a LensCrafters on Sunday, Sept. 27, 2015, Senator Charles Schumer (D-NY) held a press conference and released a statement calling on the FTC to update regulations on eyeglass prescriptions requiring eyecare providers to give complete eyeglass prescription information to consumers. He cited “sky-high prices” and the need to shop around at stores and online among the reasons for changing the FTC rules to “promote competition and dramatically lower eyeglass prices.”
American Optometric Association (AOA) president-elect Andrea P. Thau, OD, of New York, appeared at the news conference to ask the Senator to investigate any control over the market that some eyewear companies and some insurance companies that also sell glasses might have.
In his statement, Schumer requested that the FTC allow “for 21st-century competition by allowing patients to obtain a full copy of their eyeglass prescriptions so they can take that prescription anywhere they want—even online. Eyeglasses are a necessity for millions of Americans, yet sky-high prices are making them unaffordable. We need more oversight when it comes to the cost of eyeglasses and one way to do that is to require patients get their full prescriptions so they can shop around in stores and online for the best deal. Consumers need more options when it comes to eyeglasses and that's why the FTC should update the ‘Eyeglass Rule’ in a way that helps spur competition and dramatically lower prices.”
Schumer specifically requested that the FTC consider the following changes to the Eyeglass Rule: “require eyecare providers to provide complete eyeglass prescription information to consumers, including specifics like pupillary distance. Require prescription providers to verify prescription information for third party sellers in a reasonable time, allowing a consumer to take their prescription wherever they desire. Require eyeglass prescriptions to last longer than just one year, so consumers have more time to comparison shop.”
Additionally, Schumer said his push is being made to spur the FTC to recognize the increasing role of e-commerce in the eyeglass marketplace.
When asked what brought this issue to Senator Schumer’s attention, his office told VMail: “Our office became aware of this issue from speaking with constituents over the years. Whether at a fair or parade or incoming constituent opinion calls, this issue has been put on the Senator’s radar by New Yorkers. We looked into it and decided to take action based on the FTC’s own plans to revise the eyeglass rule. We are currently working with stakeholders on all sides, including eyecare professionals and the FTC, as we further examine this issue and the imminent changes to the eyeglass rule.”
Many others, both inside and outside the profession, have already commented on the FTC’s Public Comments Page as well as in response to Vision Monday’s Facebook and Twitter posts about the FTC’s requests for comments on its Eyeglass and Contact Lens Rules.
Many of the comments cited the adage “you get what you pay for,” explaining that there is a lot of technology that costs money behind producing quality eyeglasses. Others stated that adding the PD to a patient’s prescription will not alone encourage competition and ignores the need for additional measurements and a fitting of the final pair of glasses by an eyecare professional. “The issue here is to better educate the consumer,” one Facebook respondent said.
Comments on the FTC page numbered 29 at press time and came from both eyecare professionals and consumers.
In the comments, consumers complained about the difficulty of obtaining their prescription and/or their PD from their eyecare professionals and the timing when a new prescription is needed. Many cited their desire to buy eyeglasses online and were similarly worded.
In their comments, eyecare professionals attempted to educate readers about the differences between a refraction and a comprehensive examination, and they also mentioned that their professionalism is often overlooked by their patients. One ECP who stated that her practice attempts to give every patient a printed copy of their prescription at the end of every exam, said, “Having a mandate to release a prescription is unnecessary as any ethical doctor will release a prescription to a patient at any time as long as the prescription has not expired.”
Anyone can post additional comments on the FTC site by Oct. 26, 2015, and instructions for filing comments appear in the Federal Register Notices linked to above.
An AOA representative told VMail that the organization would submit comprehensive formal comments on the rule before the Oct. 26, 2015 FTC deadline. Thau was not available for additional comment at press time.
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