Photo: Monstera

Can my optician refuse to give me my prescription?

The Federal Trade Commission enforces the Eyeglass Rule. It requires eye doctors — ophthalmologists and optometrists — to give patients a copy of their prescription – whether they ask for it or not. It's the law.

ftc.gov - Complying with the Eyeglass Rule | Federal Trade Commission

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What should a prescription include?

The Rule defines a prescription as “the written specifications for lenses for eyeglasses which are derived from an eye examination, including all of the information specified by state law, if any, necessary to obtain lenses for eyeglasses.”

Many states require the prescription to include:

The patient’s name;

The date of the patient’s exam and/or when the prescription was issued;

When the prescription expires; and

Your name, contact information, and signature.

You also may want to include the patient’s pupillary distance. In some states, you are required to include the pupillary distance. If your patient wants to buy glasses online, they will need that measurement. Also, the prescription should be legible and complete.

When do I need to provide the prescription?

You are required to provide a patient with a copy of the prescription immediately after the eye examination is completed.

Can I charge a fee for the prescription?

No. You can’t require patients to pay an extra fee, or buy eyeglasses or contact lenses in exchange for the prescription. You also can’t require a patient to make a purchase from you in order to get an eye exam. You can charge for the eye exam. However, the only way you can require a patient to pay for the eye exam or evaluation before giving them a copy of their prescription is if you require immediate payment from all eye exam patients. You may charge an additional fee for verifying eyeglasses dispensed by another seller, but the fee may only be charged when the verification is performed.

Can I ask a patient to waive or disclaim liability?

No. You cannot provide a notice waiving or disclaiming liability, or require the patient to sign a waiver or release, as a condition of releasing the prescription to the patient.

Are there any exceptions to the Rule?

The Eyeglass Rule does not apply to ophthalmologists or optometrists employed by any Federal, State or local government entity.

Where can I report Rule violations?

If you suspect violations of the Eyeglass Rule or the Contact Lens Rule, you can report that online at ftc.gov/complaint. FTC attorneys and investigators – and hundreds of other law enforcement agencies – use complaints to bring cases against companies and people that violate the law.

Your Opportunity to Comment

The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency’s responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment, call toll-free 1-888-REGFAIR (1-888-734-3247) or go to www.sba.gov/ombudsman.

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Is it cheaper to get a 90-day prescription?

If you take medication for a condition like asthma, high blood pressure or diabetes, you can fill out your Rx in 90-day supplies. It will probably cost less than filling monthly and you'll only have to refill a few times a year.

caremark.com - 90 Day Supply - CVS Caremark

(Speaker 1 – Daughter)

I like to keep healthy routines. So, when my doctor started me on a daily medication for my blood pressure, I started mail delivery from CVS Caremark. For me, it's the easiest way to make sure I have my medicine every month. The best part, I can refill online anytime. I also want to help my mom stay as healthy as possible. She takes a few medications every day. And that means making several trips to the pharmacy every month for refills, which is tough to make time for. So, we started mail delivery for her too, and added the auto refill option. So now there's less to worry about. It's comforting to know she has a medicine she needs when she needs it.

(Speaker 2 – Mother)

It took a little convincing at first, but then I learned that it's not that different than the way things work and my regular pharmacy, the pharmacist fills my order. Then it's checked again before it's mailed out. And if I have a question, I can still talk to the pharmacist. The biggest surprise was the Getting Started was so simple. I did it all online with a little help from my daughter.

(Speaker 1 – Daughter)

Her health is important to a lot of people. So, making sure she has the right medication every day is a big part of keeping her healthy. I'm happy knowing whether she's at home or with my brother in Phoenix. She'll get her medication delivery on schedule. It just takes a few minutes online to change the delivery address to wherever she's going to be.

(Speaker 2 – Mother)

And you're right. Getting my medication delivered is a really easy way to make sure that I happen every day.

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