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On June 3, 2025, the FTC released a statement detailing warning letters sent to 37 contact lens prescribers regarding consumer reports of potential violations of the Contact Lens and Eyeglass Rules (the “Rules”). The FTC also noted the significant penalties for violations of the Rules. The letters were sent in response to complaints that prescribers failed to automatically provide a patient with their prescription immediately after completion of their refractive examination or their contact lens fitting. The warning letters should serve as a reminder to all prescribers to review their policies and practices to ensure compliance with the Rules.The Contact Lens Rule requires that prescribers provide patients a copy of their prescription immediately following a fitting. The Eyeglass Rule requires that prescribers provide their patients a copy of their prescription immediately after a refractive eye examination.Prescriptions may be delivered electronically if a patient agrees to electronic delivery, selects a specific delivery method, and the prescription can be accessed, downloaded, and printed by the patient. Proof of the patient’s consent to electronic delivery must be maintained for at least three years. If the prescription is provided via a portal, access should remain available as long as the prescription is valid. If a paper copy of a patient’s prescription is provided, prescribers must also request that patients confirm, either electronically or in writing, the receipt of their prescription, and maintain these confirmations for at least three years. Prescribers cannot ask for confirmation at any point prior to providing a copy of the prescription (for example, during pre-appointment paperwork). If a patient refuses to provide confirmation, it should be noted by the prescriber and kept on file. Prescribers should not place any conditions on the release of a patient’s prescription, including charging fees in addition to an examination or fitting fee for a copy of the prescription, requiring that patients buy ophthalmic goods before providing a copy of the prescription, requiring patients to sign a waiver or release, or refusing to perform an exam without the purchase of ophthalmic goods.The Rules also prohibit: <ul style="list-style-type: disc"><li style="text-align: justify">waiting for a patient to ask for their prescription before providing it, </li><li style="text-align: justify">promising to provide a prescription at a later date; </li><li style="text-align: justify">providing an incomplete prescription; </li><li style="text-align: justify">requiring patients to physically return to collect their prescription; </li><li style="text-align: justify">refusing to provide a paper copy of a prescription; </li><li style="text-align: justify">failing to provide a prescription following a diagnostic exam; or </li><li style="text-align: justify">failing to provide a copy when the patient’s prescription has not changed. </li></ul>Prescribers found to be in violation of the Contact Lens or Eyeglass Rules face administrative subpoenas, federal lawsuits, and/or civil penalties of up to $53,088 per violation. For further assistance in complying with the Contact Lens and Eyeglass Rules, please reach out to a member of the Michael Best healthcare team. *Special thanks to Justin Veasley (Northwestern Law) for contributing to this article.<input type='hidden' id='passle-remote-hosting-tracking-shortcode' value='102kdkr'/><div class="passle-featured-image passle-featured-image-position-bottom"><img src="https://images.passle.net/fit-in/400x400/filters:crop(0,0,2293,1293)/Passle/5f6edd8e8cb62a0bec3e5fd2/SearchServiceImages/2025-06-06-16-28-58-907-6843174aba3a430c3e24ea99.jpg" alt="Featured Image" /></div>

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Katelyn A. Miller (Pellitteri)

Healthcare

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