January, 2005
Contents  Beauty I  >  Beauty II
April, 2005

Do you know about The
Fairness to Contact Lens Consumers Act?
Here are some Facts

About the Act
A new federal law makes it easier for consumers to purchase contact lenses.  The Fairness to Contact Lens Consumers Act went into effect February 4, 2004, and helps protect consumers from the conflict of interest where eye care providers both prescribe and sell lenses.  Here are the new rights under this law:

Right to Prescriptions.  Consumers have a right to their prescriptions automatically and unconditionally.  Once their contact lens fittings are done, their eye care providers must give them a copy of their prescription -- whether they ask for it or not - and without charging an extra fee or requiring patients to sign a waiver form.

Consumers Don't Have to Buy Their Initial Box of Lenses from Their Doctors.  When eye care providers prescribe new lenses they will generally have their patients wear trial pairs to test their fit.  Once the provider determines the fitting is complete, federal law requires that patients receive their prescriptions immediately.  They are then free to buy their initial boxes of lenses, as well as replacement lenses, from any vendor they choose whether that be their eye care provider, 1-800 CONTACTS, or another source.  

Right to Have Prescriptions Verified.  Whenever a consumer wants to buy their lenses from a retailer such as 1-800 CONTACTS, their eye care provider must cooperate.  If their eye care provider does not respond to 1-800 CONTACTS' request for verification within eight business hours, the prescription is considered verified, and the consumer will receive their lenses.

Protection Against Expensive "Private Label  Lenses.  Consumers may have been prescribed private label, or store brand, lenses available only through their eye care providers' offices. Under the new law, 1-800 CONTACTS can provide them with identical lenses made by the same manufacturer, regardless of the brand name on their prescriptions.

Protection Against Unreasonably Short Prescription Lengths.  The law requires that prescriptions be valid for at least one year or longer if the state law allows.  One year is typically a minimum expiration length, not a maximum. There are different laws in each U.S. state.  An eye care provider may only write a prescription for less than one year if justified by a patient's medical health. 

Under this new law, the ability to order lenses from the retailer the consumer chooses will be simpler, easier and even more consumer friendly.  Also, consumers should keep in mind that no retailer, whether it be 1-800 CONTACTS or any other vendor, will be able to legally sell contact lenses if one's prescription is invalid or expired.

For additional information about consumer rights under this new law, please refer to www.1800contacts.com/legislation. 
     Questions Consumers Should    Ask Their Eye Care Provider

When consumers buy contact lenses, it is easy for them to simply buy what the eye care provider (optometrist, ophthalmologist) tells them. After all, we all implicitly trust the medical professional in the "white coat." As with buying anything, however, consumers should ask a few questions before simply accepting an eye care provider's recommendation. Here are five of the most important questions.

1. Will you give me my prescription and does it include all the information I need?
Answer: Eye care providers, whether they are optometrists or ophthalmologists, are required by federal law to give you your prescription whether you ask for it or not. If your eye care provider is reluctant to provide you your prescription, recognize that they may be trying to force you to purchase your contact lenses from them - often at inflated prices. You have a legal right to your prescription.

Contact lens prescriptions should include the following: 1) Power: the strength or amount of visual correction; 2) Base Curve: the curve of the lens's back surface; 3) Diameter: the width of the lens; and 4) Brand: the brand of the contact lens the provider is prescribing; Optional items: Color: either to help wearers find lenses in their cases, clear (opaque) or tinted (to change the wearer's eye color); Add Power: extra correction for bifocal lenses; Cylinder and Axis: correction for astigmatism.

2. How often do I need an eye exam?
Answer: Having your eyes examined periodically is important for ensuring good ocular health and something you should discuss with your eye care provider. However, when determining how often you schedule an eye exam there are two things to consider: 1) your eye care provider sells the products they prescribe and 2) there is no medical evidence to suggest the best periodicity for an examination. To address the conflict of interest and the lack of medical research, many states have adopted minimum periods your contact lens prescription is good for (typically 1 to 2 years). Recognize that these periods are minimums, not maximums, and the doctor has discretion to extend the periodicity.

3. Is the brand of contact lens you are prescribing a private label or a brand only sold to eye care providers?
Answer: If the eye care provider says yes to either, make certain there is a widely-available alternate to what he/she is prescribing. Private label lenses are lenses that are widely-available, but that the manufacturer has repackaged and sells under multiple brand names each specific to certain eye care providers or retailers. This is a tactic to confuse you into thinking the only place the lens is available is from that office. Limited distribution lenses are those available only through specific retailers or offices and not nationally by all retailers. Both approaches are designed to limit competition by "locking in" consumers to purchase their lenses from that eye care provider's office. It is always the best practice to ensure you are prescribed a national brand available anywhere you choose to shop.

4. Will you verify my prescription promptly if I choose to purchase my contact lenses from another source?
Answer: If the eye care provider is evasive, find another eye care provider. You are entitled to purchase your lenses from anywhere you choose to shop.

5. How do your prices compare to other sellers?
Answer: If the eye care provider tries to force you into buying your lenses on the spot, take your prescription and shop around. Many mass merchandisers, phone and Internet sellers of contact lenses can provide prices ranging from 20-50 percent lower. In addition, add the convenience of shopping from home and not having to go back to the doctor's office and pick the lenses up when your order is ready and you might find the entire process to be cheaper and easier than buying from the doctor.
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