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Verification of Contact Lens Prescription

The Federal Trade Commission (“FTC”) has adopted rules implementing the Fairness to Contact Lens Consumer Act previously passed by Congress. These rules address the release and verification of contact lens prescriptions and Florida optometrists need to be aware of their rights and responsibilities when requested to verify a contact lens prescription by a contact lens seller. A few commonly asked questions concerning these rules are answered below.

When seeking verification of a contact lens prescription, what information must the contact lens seller provide the prescribing optometrist?

The contact lens seller must provide the prescribing optometrist with the following information during the verification process:

The patient’s full name and address;
The contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate;
The quantity of lens ordered;
The date of patient request;
The date and time of the verification request; and
The name of a contact person and the seller’s company, including facsimile and telephone numbers.

The contact lens seller must provide the above information to the prescribing optometrist by telephone, facsimile, or electronic mail.

Once the prescribing optometrist has been provided with the above information by the contact lens seller, how long does the optometrist have to respond to the verification request?

If the optometrist fails to communicate with the contact lens seller within eight (8) “business hours” after receiving the requested information from the seller, the seller is authorized to fill the prescription. If the prescribing optometrist informs the seller before the expiration of eight (8) “business hours” that the contact lens prescription is inaccurate, expired, or otherwise invalid, the contact lens seller shall not fill the prescription. However, the optometrist must specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller is inaccurate, the prescribing optometrist shall correct it, and the prescription shall then be deemed verified. The seller may not alter a contact lens prescription but may substitute for private label contact lenses specified on a prescription identical contact lenses that the same company manufactures and sells under different labels.

What are “business hours”?

A “business hour” is defined in the FTC rules as an hour between 9 a.m. and 5 p.m., during a weekday (Monday through Friday), excluding Federal holidays. A “business hour” is determined based on the prescribing optometrist’s time zone. “Business hour” also may include, at the contact lens seller’s option, the optometrist’s regular business hours on Saturday only if the seller has actual knowledge of these Saturday hours.

Eight “business hours” are calculated from the time the prescribing optometrist receives all of the verification information from the contact lens seller, and expires when eight (8) “business hours” have elapsed. For verification requests received by a prescribing optometrist during non-business hours, the calculation of eight (8) “business hours” begins at 9 a.m. on the next weekday that is not a Federal holiday or, if applicable, on Saturday at the beginning of the prescribing optometrist’s actual business hours.