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Law Eyeglasses

If you are in the market for eyeglasses or contact lenses, do not rely solely on the prices listed for these products to decide which ophthalmologist to go to for an examination or where to buy the glasses or lenses once you have the written prescription. No. You cannot ask patients to pay extra fees or buy glasses or contact lenses in exchange for the prescription. You also can`t require a patient to make a purchase from you to get an eye exam. There are three types of ophthalmologists. An ophthalmologist is a doctor or osteopath who specializes in diagnosing and treating eye diseases. He can examine the eyes and dispense glasses and contact lenses. An optician has a doctor of optometry and can examine eyes for vision problems and diseases, as well as give glasses and contact lenses. An optician may dispense and dispense glasses and contact lenses after receiving the prescription you received from the ophthalmologist or optician. Specially certified optometrists can even equip you with soft contact lenses and adjust them if necessary, and can do the same with rigid contact lenses if the doctor or optician has authorized them to do so. “The rule was enacted to give consumers unconditional access to their prescriptions,” says Alysa Bernstein, a staff member with the FTC`s Bureau of Consumer Protection. “Consumers should be able to buy from their prescribing doctor or elsewhere, based on price or quality, or simply their preferences.

A prescribing doctor can`t say, “Well, I`m only going to give you a prescription if you buy me glasses or sign this waiver.” The rule defines an ordinance as “the written specifications for eyeglass lenses derived from an eye exam, including any information, if any, established by state law necessary to obtain eyeglass lenses.” You may charge an additional fee to check glasses donated by another seller, but the fee can only be charged if the inspection is performed. Such encounters are not uncommon – and they violate federal law. In December 2020, the Federal Trade Commission (FTC) sent letters to 28 eyeglass prescribers — ophthalmologists and optometrists — for violating their ophthalmic practice rules (often referred to as show rules), which allow consumers to compare glasses. The National Small Business Ombudsman and 10 regional fairness councils gather input from small businesses on federal compliance and enforcement activities. Each year, the Ombudsman evaluates the implementation of these activities and assesses each organization`s responsiveness to small businesses. Small businesses can apply 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. The eyewear rule does not apply to ophthalmologists or optometrists employed by federal, state, or local agencies. The show rule, introduced in 1978, requires doctors to provide patients with their prescription immediately after their examination, “even if the patient does not request it.” It also prohibits prescribing doctors: consumers “shouldn`t be shy” to ask for their prescriptions, Bernstein says.

His advice: Don`t take no as an answer and photograph or copy your prescription once you`ve received it (that way, if you lose it, you won`t have to ask the prescribing doctor for a replacement). Sometimes the staff promises to email it to you. Make sure you follow up and make sure they do. And don`t accept their potential argument that they can`t give it to you because of the Health Insurance Portability and Accountability Act (HIPAA), which protects patients` privacy rights. HIPAA does not apply here. Items advertised as free must, in fact, be free without any other obligation or obligation to pay all or part of the item. The ad does not need to use the word “free”. Any word or group of words that makes you believe you`re getting something for free is eligible. If there are conditions attached to receiving the free item, such as purchasing another item, the listing must clearly state those conditions.

If you suspect violations of the glasses rule or the contact lens rule, you can report it online to ftc.gov/complaint. Lawyers and investigators at the FTC — and hundreds of other law enforcement agencies — use the complaints to sue companies and individuals who violate the law. You can also file a complaint with the Florida Department of Agriculture and Consumer Services, which acts as the state`s clearing house for consumer complaints, under www.floridaconsumerhelp.com. They may also include the interpupillary distance of the patient. Some states require you to specify pupillary spacing. If your patient wants to buy glasses online, he needs this measure. In addition, the recipe must be legible and complete. If you wish to file a complaint against an ophthalmologist with the Attorney General`s Office, you can do so online at www.myfloridalegal.com or by calling toll-free at 1-866-9-NO-SCAM. Here you will find questions and answers to help you comply with the glasses rule. You must provide the patient with a copy of the prescription immediately after the eye exam.

When comparing the cost of eyewear products and services, avoid comparing “apples and pears”. If you rely on a verbal quote or written notice, ask for a detailed account of the exact goods and services included in the price. For example, does the price of an eye exam include a contact lens evaluation, adjustments and follow-up exams? If you have difficulty with your glasses or lenses, is there a fee for appointments with the practitioner? If you cannot fit the lenses or glasses, what will the practitioner do and will there be an additional fee? Does the practitioner offer service agreements and, if so, what is included? If your doctor offers options when choosing contact lenses, ask what additional products are needed to get each type of lens.

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