Legal Question

[murraywellsjn]

Hi everyone,

This question is specific to the UK, so apologies to anyone international.

A person goes and has his eyes tested by an optician and obtains a prescription for some glasses he needs.

Would it be legal for a retail company (not necessarily associated with the optical sector) to take that prescription, have some frames glazed by an approved laboratory, and sell them to the customer?

My feeling is that as the prescription was administered by a registered optician, and the glasses were constructed by a registered laboratory, then there is no reson why this retailler cannot act as the middle-man.

I would be very interested to hear informed opinions on the legality of this hypothetical situation.

Many thanks,

James.

[ziggy]

James, I would assume that you would have to be "registered" to dispense eyeware. :bbg:

[Jedi]

What is being described is virtually the definition of a dispensing optician. In Canada regardless of who makes the glasses, the person doing dispensing is legally responsible for those glasses and the proper fitting/ dispensing etc. Some of the chains must have missed that memo. ;)

Here's an analogy for the non-optically inclined. You go to your family doctor to get a RX for painkiller for a bad back, he writes you a prescription. You cannot take that RX to a retailer that does not have a pharamacist/druggist/chemist on staff to verify the Rx.

I would imagine the same is true for the UK.

More goes into eyeglasses than a RX, some lenses, and a frame. Ask anyone on this board, lot's of trouble-shooting, arms up in the air, frustration, we all wish it was that easy.

Good question though, I shows that as opticians we have a long way to go to show the public exactly what we do.

[Cowboy]

It is funny that we discuss dispensing here in the US or abroad. We, as opticians, know what we do, and care about it enough to try and get our message to the public that we are a profession and not just any monkey can do the job. However, when you have websites such as 39dollareyeglasses.com that actually instructs having a 'friend' take a pd and/or seg ht. and then to decifer the rx enough to order the correct lens type and material, really puts a wrench in our educating works.
To better answer your question, although I am not a lawyer, or an expert on UK law, the registered optician and labratories are ok. However, if a retailer dispenses a set of eyewear and the rx turns out to be off, and that alone could be a number of ways, and the recipient gets hurt, and a good UK lawyer gets it determined that in fact the glasses were to blame, who is to be responsible. The non-optical retailer is uneducated in optics and they could be responsible (more so than the optician who rx'd) and the lab could be too. The lab on the other hand, could counter sue the retailer for not having the proper equipment and education for optics. The retailer gets hit twice. So, in lamens terms the retailer should think twice before doing such an irresponsible act.

Hope that kind of answers your question, but honostly, find a local lawyer who would be willing to give you some free legal advice.

:cheers:

Cowboy

[paw]

"Would it be legal for a retail company (not necessarily associated with the optical sector) to take that prescription, have some frames glazed by an approved laboratory, and sell them to the customer?"


murraywellsjn,

I'm not sure I understand your scenario. Are you saying, for example, that someone would bring their Rx to a clothing store, like Tommy Hilfiger, then the Hilfiger store would have the customer's glasses made with Hilfiger frames?

This makes no sense whatsoever. The store would still need someone to discuss with the "customer" proper frame fit, appropriate lens materials and lens options, etc, etc, etc at the time of purchase. The store would also need someone to dispense the glasses. Dispensing glasses doesn't mean Hilfiger gets them back from the lab like they would get in clothing from the warehouse. They can't just pull the glasses out of a drawer, run the glasses through the cash register along with the sweater and the pants, put it all in a bag, and tell the shopper to see you again soon.

The opticians here will vehemently tell you, these activities involve qualified optical knowledge and experience. Let's not forget that glasses are, first and foremost, a vision-correcting device, not a fashion item. That's why, at least in the U.S., an optical must be operated by an optometrist, ophthalmologist, or licensed optician.

If Hilfiger (or any retail store) wanted to get involved with glasses, they would have to open a Hilfiger optical.

I find this scenario to be just as distressing as $39 glasses from the internet.

[murraywellsjn]

Having had a look at the $39 glasses site that you quote, i can confirm that that concept is exactly what I am referring to.

My question then is: is this kind of site legal in the UK, and does it require a Dispensing Optician to operate it?

If the extortionate prices of spectacles have to be driven down at the sacrifice of some kind of aesthetic fitting advice, then so be it.

James.

[optispares]

This question is specific to the UK, so apologies to anyone international.

A person goes and has his eyes tested by an optician and obtains a prescription for some glasses he needs.

Would it be legal for a retail company (not necessarily associated with the optical sector) to take that prescription, have some frames glazed by an approved laboratory, and sell them to the customer?

there are plenty of socalled "bucket shop" that do exactly what you are asking.
as long as you don't don't dispense to children .
you do not need a qualified dispenser.

[Cowboy]

there are plenty of socalled "bucket shop" that do exactly what you are asking.
as long as you don't don't dispense to children .
you do not need a qualified dispenser.

Are you saying that a qualified dispenser is not needed to dispense eyewear? If so, you are on the wrong message board for that statement. What kind of engineer are you?
I could build a bridge made of popsicle sticks, does that make me qualified to make a bridge over the Nile?

Point to Ponder

Cowboy

[optispares]

the question asked was for the UK . AND AS SUCH THE ANSWER IS CORRECT. I didnt say I agreed with it but that is the case
and there are plenty of "shops" selling spectacles to the unsuspecting public over here with NO QUALIFIED staff.

What kind of engineer are you?

one that has worked in the optical industry for the last 30 years.

[paw]

"If the extortionate prices of spectacles have to be driven down at the sacrifice of some kind of aesthetic fitting advice, then so be it."

1. I'm sorry you feel that glasses have EXORBITANT prices, but if you ever toured a lab where spectacle lenses are made, you would wonder how they could produce these custom-made items so inexpensively.

2. Fitting advice has more to do with performance and comfort than with aesthetics. When you wear glasses that aren't helping you see clearly, because of inappropriate lens material, improperly measured PD or seg height, incorrectly made Rx, or lack of tints and coatings appropriate for your lifestyle, then you will be willing to pay for the expertise of fitting advice.

If I've learned nothing else in this business, I've learned that people who can't see clearly are very unhappy people, and they will pay to get what they need to see clearly.