- Email: [email protected]
Fairness to Contact Lens Consumers Act
PRACTICE STRATEGIES
Questions and Answers
Fairness to Con+g:t lens Consumers Aci his month's "PracticeStrategies" Questions and Answers column is devoted to questions from AOA members regarding the new Fairness to Contact Lens Consumers Act (FCLCA) with answers from The AOA Advocacy Group. Additional questions and answers on the Act can be found in the AOA Advocacy Group section of the AOA Web site (www.aoa.org/.
T
Can I refuse to give the patient a copy of a contact lens prescription if the patient does not pay for the eye examination, fitting, and evaluation? I require such immediate payment of all patients, even if their examination reveals no need for contact lenses or any other ophthalmic goods. YES. s e c t i o n of the FCLCA allows that, under this limited circumstance, a practitioner may refuse to give a patient a copy of the a cannot contact lens prescription. be denied a copy of the contact lens prescription just on the basis that the patient owes a past debt to the practice-such refusal has to be based on a failure to pay for the current eye examination, fitting, and evaluation. Moreover, this provision applies only in those practices that require all patients to make such immediate payment, even those who do not need ophthalmic goods of any kind. If the patient presents proof of insurance coverage for the service rendered, that constitutes an immediate payment and the patient must be given a copy of the contact lens prescription.
Q
A
ow ever,
Can the FTC fine me, as the doctor, for anything?
Q A
YES. You are subject to the same potential FTC fines of up to $11,000 per incident if you fail to obey the provisions of the FCLCA. However, you cannot be fined merely because you allow 8 or more business hours to elapse in the contact lens prescription verification process. That is not an event that triggers any FTC penalty for you as the doctor.
(AOA members interested in AOA practice management resources, or who have a question for this column, should contact Linda Smith, associate director, AOA Information and Member Services Group at (800) 365-2219, ext. 161 or [email protected].) VOLUME 75lNUMBER 3 l M A R C H 2004
For patients who have been fitted with gas-permeable contact lenses, can a xactitioner write on the prescription: "For records only; not for dispensing" ? NO. The FCLCA draws no distinctions between types of contact lenses, and applies equally to all contact lenses. The AOA will take up with the Federal Trade Commission issues that may be unique to certain specialty contact lenses. But as the new law now stands, nothing should be written on a prescription that would in any way prohibit a patient from using the prescription to purchase lenses from a source other than the optometrist's office. Again, it would be permitted, and advisable, to write on the prescription the date the prescription was actually filled (on the "Do Not Fill After" line if you are using the AOA model prescription release form that accompanies this article). (Provided [next page] is a model prescription release form, developed by AOA, to assist member optometrists in complying with the federal Fairness to Contact Lens Consumers Act. The prescription release form, along with an updated version of the AOA Contact Lens and Cornea Section's model New Patient Information form, revised to help inform patients regarding the act, can both be downloaded through the AOA Web site [www.aoa.org].)
A
Reports of improper CL sales sought The Fairness to contact Lens Consumers Act makes it a federal crime to sell contact lenses to consumers who do not hold a valid prescriptionfor those lenses or without the prescription being validated by the prescribing eye care practitioner. Optometrists who find sellers failing to verify a contact lens prescription in accordance with the new law are urged to contact AOA Deputy Executive Dilector Jeffrey G. Mays at the AOA Washington D.C. affice. The AOA Advocacy Group will forward reports of improper contact lens sales to the Federal Trade Commission (FTC). The FTC is presently preparing to formulate rules regardingenforcement of the act. Because of the time-sensitive nature of the rulemaking process, practitioners are urged to relate reports of improper contact lens sales electronically, via e-mail at [email protected] via fax at (703) 739-9497. OPTOMETRY
PRACTICE STRATEGIES
Doctor Name, OD, FAAO 123 Main St. Anytown, ST 11111 Hours Monday-Friday 8:30- 5:30
Appointments: RX Phone Line: RX Fax Line:
Patient Name
DOB or ID #
CONTACT LENS PRESCRIPTION
EXAMINATION DATE ISSUE DATE EXPIRATION DATE DO NOT FILL AFTER
XXX-XXX-xxxx
XXX-XXX-xxxx xxx-XXX-xxxx
Refills
BASECURVE DIAMETER Quantity
POWER
-
OD
1 LENS
- TIMES
- 4-PK - 6-PK - 12-PK
WITHIN
- MONTHS
30-PK
BRANDIMATERIAL: MANUFACTURER: WEARING SCHEDULE:
EQUIVALENT:
I
l LENS
- 4-PK
I
TIMES WITHIN
-
BRANDIMATERIAL: MANUFACTURER: WEARING SCHEDULE:
MONTHS
EQUIVALENT:
NO SUBSTITUTIONS WITHOUT VERIFICATION Doctor name, OD, FAAO DEA # xxxxxxxx Contact Lenses are medical devices which require ongoing medical care for optimal performance and safety Please contact our office if you experience any signs of complications including pain, redness, loss of vision. Your next appointment:
.
OPTOMETRY
V O L U M E 75lNUMBER 3/MARCH 2004
Questions and Answers
Fairness to Con+g:t lens Consumers Aci his month's "PracticeStrategies" Questions and Answers column is devoted to questions from AOA members regarding the new Fairness to Contact Lens Consumers Act (FCLCA) with answers from The AOA Advocacy Group. Additional questions and answers on the Act can be found in the AOA Advocacy Group section of the AOA Web site (www.aoa.org/.
T
Can I refuse to give the patient a copy of a contact lens prescription if the patient does not pay for the eye examination, fitting, and evaluation? I require such immediate payment of all patients, even if their examination reveals no need for contact lenses or any other ophthalmic goods. YES. s e c t i o n of the FCLCA allows that, under this limited circumstance, a practitioner may refuse to give a patient a copy of the a cannot contact lens prescription. be denied a copy of the contact lens prescription just on the basis that the patient owes a past debt to the practice-such refusal has to be based on a failure to pay for the current eye examination, fitting, and evaluation. Moreover, this provision applies only in those practices that require all patients to make such immediate payment, even those who do not need ophthalmic goods of any kind. If the patient presents proof of insurance coverage for the service rendered, that constitutes an immediate payment and the patient must be given a copy of the contact lens prescription.
Q
A
ow ever,
Can the FTC fine me, as the doctor, for anything?
Q A
YES. You are subject to the same potential FTC fines of up to $11,000 per incident if you fail to obey the provisions of the FCLCA. However, you cannot be fined merely because you allow 8 or more business hours to elapse in the contact lens prescription verification process. That is not an event that triggers any FTC penalty for you as the doctor.
(AOA members interested in AOA practice management resources, or who have a question for this column, should contact Linda Smith, associate director, AOA Information and Member Services Group at (800) 365-2219, ext. 161 or [email protected].) VOLUME 75lNUMBER 3 l M A R C H 2004
For patients who have been fitted with gas-permeable contact lenses, can a xactitioner write on the prescription: "For records only; not for dispensing" ? NO. The FCLCA draws no distinctions between types of contact lenses, and applies equally to all contact lenses. The AOA will take up with the Federal Trade Commission issues that may be unique to certain specialty contact lenses. But as the new law now stands, nothing should be written on a prescription that would in any way prohibit a patient from using the prescription to purchase lenses from a source other than the optometrist's office. Again, it would be permitted, and advisable, to write on the prescription the date the prescription was actually filled (on the "Do Not Fill After" line if you are using the AOA model prescription release form that accompanies this article). (Provided [next page] is a model prescription release form, developed by AOA, to assist member optometrists in complying with the federal Fairness to Contact Lens Consumers Act. The prescription release form, along with an updated version of the AOA Contact Lens and Cornea Section's model New Patient Information form, revised to help inform patients regarding the act, can both be downloaded through the AOA Web site [www.aoa.org].)
A
Reports of improper CL sales sought The Fairness to contact Lens Consumers Act makes it a federal crime to sell contact lenses to consumers who do not hold a valid prescriptionfor those lenses or without the prescription being validated by the prescribing eye care practitioner. Optometrists who find sellers failing to verify a contact lens prescription in accordance with the new law are urged to contact AOA Deputy Executive Dilector Jeffrey G. Mays at the AOA Washington D.C. affice. The AOA Advocacy Group will forward reports of improper contact lens sales to the Federal Trade Commission (FTC). The FTC is presently preparing to formulate rules regardingenforcement of the act. Because of the time-sensitive nature of the rulemaking process, practitioners are urged to relate reports of improper contact lens sales electronically, via e-mail at [email protected] via fax at (703) 739-9497. OPTOMETRY
PRACTICE STRATEGIES
Doctor Name, OD, FAAO 123 Main St. Anytown, ST 11111 Hours Monday-Friday 8:30- 5:30
Appointments: RX Phone Line: RX Fax Line:
Patient Name
DOB or ID #
CONTACT LENS PRESCRIPTION
EXAMINATION DATE ISSUE DATE EXPIRATION DATE DO NOT FILL AFTER
XXX-XXX-xxxx
XXX-XXX-xxxx xxx-XXX-xxxx
Refills
BASECURVE DIAMETER Quantity
POWER
-
OD
1 LENS
- TIMES
- 4-PK - 6-PK - 12-PK
WITHIN
- MONTHS
30-PK
BRANDIMATERIAL: MANUFACTURER: WEARING SCHEDULE:
EQUIVALENT:
I
l LENS
- 4-PK
I
TIMES WITHIN
-
BRANDIMATERIAL: MANUFACTURER: WEARING SCHEDULE:
MONTHS
EQUIVALENT:
NO SUBSTITUTIONS WITHOUT VERIFICATION Doctor name, OD, FAAO DEA # xxxxxxxx Contact Lenses are medical devices which require ongoing medical care for optimal performance and safety Please contact our office if you experience any signs of complications including pain, redness, loss of vision. Your next appointment:
.
OPTOMETRY
V O L U M E 75lNUMBER 3/MARCH 2004