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FTC Eyeglass Rule

  • Updated

On July 26, 2024, the FTC introduced a rule to amend prior legislation related to the provision of eyeglass prescriptions upon their finalization. See the full article here. 

The new rule went into effect on September 24, 2024. It restates the original requirement and introduces a new one:

  1. Doctors must provide final eyeglass prescriptions to patients.
  2. Doctors must maintain proof that they did provide the prescription for at least three years.

What can stand as proof of prescription delivery? The rule discusses four acceptable methods:

  1. Request the patient acknowledge receipt of the eyeglass prescription by signing a separate confirmation statement.
  2. Request the patient sign a prescriber-retained copy of the prescription that contains a statement confirming the patient has received it.
  3. Request the patient sign a prescriber-retained copy of the sales receipt for the examination that contains a statement confirming the patient received the prescription.
  4. Provide the patient with a digital copy of the prescription and collect a signed confirmation from the patient that it was sent, received, or made accessible, downloadable, and printable.

All four methods require something to be signed by the patient. The fourth method, electronic delivery of a digital copy of the prescription, requires that patients are made aware of the method of delivery (e.g., PHR, email) and their consent to receive the prescription that way is captured.

Option 1 requires a distinct confirmation form.

Options 2 and 3 can be achieved by adding a statement and signature area on either/both your patient invoices and your prescriptions. These would then be presented to the patient for signature and a copy saved per practice preference. See Example Our customer support team would be happy to assist you in adding these areas to your documents if you plan to use these methods.

To assist in compliance with method 4, eyeglass prescriptions can be made available automatically in the patient portal, RevolutionPHR, upon authorization. This is achieved via a very simple practice preference in Admin > General > Practice Preferences > Additional Preferences > PHR > Include patient eyeglass Rx in PHR. See Example

Please keep in mind that the FTC rule uses the term “verifiable affirmative consent” alongside method 4.  The rule states that this consent can be captured “on paper or in a digital format,” but it must include a patient's signature. Comply with this rule using RevolutionPHR for electronic delivery.

  • Obtain the patient's consent to receive the Rx by e-delivery.
    • The Consents component within the patient's file can be used to store this consent.
  • Obtain the patient's confirmation of Rx e-delivery.
    • When delivering the Rx via RevolutionPHR, the patient's acknowledgement of receipt of login credentials for the PHR must be kept on file. The Consents component within the patient's file can be used to store this acknowledgment.
  • Deliver the Rx electronically.

Additional Information

Process examples for collecting consents/confirmations supported by RevolutionEHR today:

  • Obtain the patient's signature on paper, scan or take a digital photo of the paper, and upload the PDF to the RevolutionEHR Consents component of the patient's file. 
  • Obtain the patient's signature on a signature pad, then upload the resulting PDF to the RevolutionEHR Consents component of the patient's file.
  • If you have RevIntake, or an equivalent online forms service, pushing a consent or confirmation form to the patient via SMS or email. 
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