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FTC Proposes Modifications to Prescription Release Requirement in Contact Lens Rule; Attempts to Address Concerns with Incomprehensible Automated Phone Calls

Recently, the Federal Trade Commission (FTC) posted proposed modifications to the Contact Lens Rule. While the proposed rule still retains the ASCRS-opposed proposal that would require prescribers to obtain a patient’s signed acknowledgment that the patient received a copy of his or her prescription and must maintain the signed acknowledgment for three years, the FTC is proposing additional methods to satisfy the Prescription Release requirement, including:

  • The patient signs a prescriber-retained copy of the prescription that contains a statement confirming the patient has received it;
  • The patient signs a prescriber-retained copy of the sales receipt for the examination that contains a statement confirming the patient received the prescription; or
  • The patient receives a digital copy of the prescription, and the prescriber retains evidence that it was sent, received, or made accessible, downloadable, and printable.

The prescriber would have to maintain evidence that they satisfied the Prescription Release requirement for at least three years.

Additionally, the FTC attempts to address concerns about incomplete and incomprehensible automated telephone verification messages. The FTC proposes several new requirements for sellers who use such messages to communicate with prescribers, including requiring that the information be delivered in a slow and deliberate manner and at a reasonably understandable volume, and requiring that prescribers be able to repeat the message.

ASCRS is preparing comments in response to the proposed modifications. We will keep you updated.

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