PRACTICE STRATEGIES - The FTC Contact Lens Rule: A common sense approach to compliance

摘要

The federal Fairness to Contact Lens Consumers Act (FCLCA) was enacted to ensure that patients can "shop around" if they wish to, when buying contact lenses. Enacted in December 2003, the act gives consumers certain rights and imposes duties on both contact lens prescribers and sellers. Congress charged the Federal Trade Commission (FTC) with developing rules to implement the act and with enforcing them. To that end, the FTC in July 2004 issued its Contact Lens Rule to spell out the act's requirements. After the issuance of the guidance, the FTC began to oversee compliance and issue direction. For example, in October 2005, the FTC reported that it had formally warned "a leading contact lens seller" that the company might be violating the FCLCA, citing complaints that the retailer was not allowing contact lens prescribers adequate opportunity to respond to requests for verification of contact lens prescriptions. At that time, the commission also announced results of an investigation that found contact lens prescribers appeared to be complying with the law by providing patients with copies of their prescriptions as required. However, on August 15, 2007, the FTC issued warning letters to 10 contact lens prescribers for allegedly failing to release prescription information to their patients, instead requiring patients to purchase contact lenses from the prescribers directly or imposing additional fees on patients before releasing the prescriptions. Violations of the FCLCA can result in enforcement action, which can, in turn, lead to civil penalties of up to dollar11,000 per violation. The FCLCA officially took effect February 4, 2004, and as its fourth anniversary approaches, it is advisable for all parties to review the FCLCA's requirements. The following summary is based on the October 2004 FTC brochure, "The Contact Lens Rule: A Guide for Prescribers and Sellers," to which the commission generally refers both prescribers and sellers for definitive information on the regulation. The document effectively offers a simple, step-by-step approach to ensuring compliance with the regulations in an optometric practice and understanding the responsibilities of contact lens retailers under the rule.