Complying with the Contact Lens Rule

The Federal Trade Commission (FTC) is required to develop and enforce the Contact Lens Rule under the Fairness to Contact Lens Consumers Act. The Act is intended to give patients the right to shop around when purchasing contact lenses. In service of patient choice, the FTC Contact Lens Rule requires eyecare providers who prescribe contact lenses to give patients a copy of their contact lens prescriptions at the end of a contact lens fitting—even if the patient doesn’t ask for it.

Patients may take their prescriptions and purchase their contact lenses elsewhere. Additionally, eyecare providers must perform the following:

  • Confirm the details of the prescription, within eight business hours, if contacted by contact lens seller. If the eyecare provider does not respond within eight business hours, the prescription is confirmed automatically, and the seller may provide contact lenses to the patient.
  • Furnish the contact lens prescription, within 40 business hours, when requested by a contact lens seller on behalf of the patient.

Additionally, eyecare providers must retain records of the patient's acknowledgment (or refusal to acknowledge) receipt of the contact lens prescription following the fitting. If the contact lens prescription is to be provided electronically—for example, through a patient portal or secure message—the eyecare provider must also retain a copy of the patient's consent to receive the prescription in this manner.

Understanding the General Requirements

As a contact lens prescriber, you must take the following actions to comply with the Contact Lens Rule:

  • Provide each patient a copy of the contact lens prescription at the end of the fitting—even if the patient doesn't ask for it.
  • Ask the patient to sign and date a form acknowledging receipt of the contact lens prescription. If the patient refuses, staff may sign the form noting the refusal. Retain the acknowledgment for three years.
  • If you provide contact lens prescriptions digitally, obtain and retain written consent from patients to receive prescriptions in a specific electronic format (e.g., patient portal, secure message)..
  • Verify or confirm contact lens prescriptions within eight business hours when requested by sellers. If the prescription is expired or invalid, you must correct any inaccuracies or explain why the prescription is no longer valid.
  • Transmit contact lens prescriptions to sellers within 40 business hours, when sellers request the prescription on behalf of the patient.

As a contact lens prescriber, must not engage in the following activities:

  • Require patients to buy contact lenses from you, pay additional fees, or sign a waiver or release in exchange for a copy of the contact lens prescription.
  • Disown liability or responsibility for the accuracy of an eye examination.

Failure to comply with the Contact Lens Rule requirements may result in legal action and civil monetary penalties of up to $42,5301 per violation.

For more information about the Contact Lens Rule, refer to the following resources:

Complying with the Contact Lens Rule

Click the links below to learn how to use your Eyefinity software to comply with the Contact Lens Rule:

1 The civil penalty amount is correct at the time of this writing. FTC periodically adjusts civil penalty amounts based on inflation.