The FTC should consider comments received regarding the information collection instrument(s) and provide a response and any necessary adjustments in its next submission to OMB.
Inventory as of this Action
Requested
Previously Approved
10/31/2019
10/31/2019
12/31/2019
58,792,524
0
58,792,524
1,903,315
0
1,903,315
0
0
0
The Rule implements the Fairness to Contact Lens Consumer Act of 2003 (15.U.S.C. 7601-7610). The Act seeks to enable consumers to purchase contact lenses from the seller of their choice. Among other things, the Act requires contact lens prescribers to provide contact lens prescriptions to their patients, and to provide or verify contact lens prescriptions to third parties designated by patients. Sellers who seek verification of contact lens prescriptions must retain one or two records for each contact lens sale: Either the relevant prescription itself, or the verification request and any response from the prescriber.
In September 2015, the FTC sought public comment on the costs, benefits, and impact of the Rule as part of its systematic review of all current FTC rules and guides. The Commission received 660 comments from interested parties and stakeholders. After reviewing these comments and other evidence, the agency has determined that it would be beneficial to increase compliance with the automatic prescription release requirement. The Commission therefore proposes to amend the Rule to require contact lens prescribers to obtain a signed acknowledgement after releasing a contact lens prescription to a patient, and to maintain it for at least three years.
Based on twelve years of experience enforcing the Rule and after carefully considering the 660 comments that were submitted pursuant to the ongoing periodic review of the Rule, the Commission believes that the overall weight of evidence indicates that compliance with the automatic prescription release provision could be substantially improved.
To further the goals of the Fairness to Contact Lens Consumers Act, the Commission proposes to amend the Rule to require that contact lens prescribers obtain a signed acknowledgment after releasing a contact lens prescription to a patient, and maintain each such acknowledgment for a period of not less than three years. Such signed acknowledgments shall be available for inspection by the Federal Trade Commission, its employees, and its representatives. The Commission believes this provision will help inform patients of their right to their prescriptions, increase the number of patients who receive their prescriptions, and, consequently, increase the number of purchases made with initial presentations of complete and valid prescriptions, thus reducing the number of verifications by third-party sellers. The Commission believes that requiring signed acknowledgments would also improve the Commissionâs verification and enforcement ability. The addition of a signed acknowledgment requirement would accomplish the desired objectives with little increased burden on prescribers (estimated one minute per patient).
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Contact Lens NPRM - Supporting Statement - 2016 - FINAL.pdf
Contact Lens Rule: Third Party Sellers (not original prescribers) with recordkeeping obligations when verification not required