80_FR_53445 80 FR 53274 - Ophthalmic Practice Rules (Eyeglass Rule)

80 FR 53274 - Ophthalmic Practice Rules (Eyeglass Rule)

FEDERAL TRADE COMMISSION

Federal Register Volume 80, Issue 171 (September 3, 2015)

Page Range53274-53276
FR Document2015-21578

The Commission is requesting public comment on its Trade Regulation Rule entitled ``Ophthalmic Practice Rules (Eyeglass Rule),'' which requires eye care practitioners to release eyeglass prescriptions to their patients (``Eyeglass Rule''). The Commission is soliciting comments about the efficiency, costs, benefits, and regulatory impact of the Rule as part of its systematic review of all current Commission regulations and guides. All interested persons are hereby given notice of the opportunity to submit written data, views, and arguments concerning the Rule.

Federal Register, Volume 80 Issue 171 (Thursday, September 3, 2015)
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Proposed Rules]
[Pages 53274-53276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21578]


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FEDERAL TRADE COMMISSION

16 CFR Part 456


Ophthalmic Practice Rules (Eyeglass Rule)

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Advance notice of proposed rulemaking; request for comment.

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SUMMARY: The Commission is requesting public comment on its Trade 
Regulation Rule entitled ``Ophthalmic Practice Rules (Eyeglass Rule),'' 
which requires eye care practitioners to release eyeglass prescriptions 
to their patients (``Eyeglass Rule''). The Commission is soliciting 
comments about the efficiency, costs, benefits, and regulatory impact 
of the Rule as part of its systematic review of all current Commission 
regulations and guides. All interested persons are hereby given notice 
of the opportunity to submit written data, views, and arguments 
concerning the Rule.

DATES: Written comments must be received on or before October 26, 2015.

ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/ophthalmicruleanprm online or on paper, 
by following the instructions in the Instructions for Submitting 
Comments part of the SUPPLEMENTARY INFORMATION section below. Write 
``Eyeglass Rule, 16 CFR part 456, Project No. R511996'' on your 
comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/ophthalmicruleanprm by following the 
instructions on the web-based form. If you prefer to file your comment 
on paper, write ``Eyeglass Rule, 16 CFR part 456, Project No. R51199'' 
on your comment and on the envelope and mail your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
600 Pennsylvania Avenue NW., Suite CC-5610 (Annex B), Washington, DC 
20580, or deliver your comment to the following address: Federal Trade 
Commission, Office of the Secretary, Constitution Center, 400 7th 
Street SW., 5th Floor, Suite 5610 (Annex B), Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Alysa Bernstein, Attorney, (202) 326-
3289, or Bonnie McGregor, Federal Trade Investigator, (202) 326-2356, 
Division of Advertising Practices,

[[Page 53275]]

Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Eyeglass Rule requires an optometrist or ophthalmologist to 
provide the patient with one copy of the patient's eyeglass 
prescription, at no extra cost, immediately after an eye examination is 
completed.\1\ It defines a prescription as ``the written specifications 
for lenses for eyeglasses which are derived from an eye examination, 
including all of the information specified by state law, if any, 
necessary to obtain lenses for eyeglasses.'' \2\
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    \1\ 16 CFR 456.2 (a) and (c). A provider may withhold a 
patient's prescription until the patient has paid for the eye 
examination, but only if the provider would have required immediate 
payment if the examination had revealed that no ophthalmic goods 
were needed. Section 456.2(a).
    \2\ 16 CFR 456.1(g).
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    The Rule prohibits an optometrist or ophthalmologist from 
conditioning the availability of an eye examination on a requirement 
that the patient agree to purchase ophthalmic goods from the 
optometrist or ophthalmologist,\3\ or providing the patient with a 
notice waiving the liability or responsibility of the provider for the 
accuracy of the exam or the ophthalmic goods and services dispensed by 
another seller.\4\
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    \3\ 16 CFR 456.2(b).
    \4\ 16 CFR 456.2(d).
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    The Commission first promulgated the Eyeglass Rule in 1978 based on 
a finding that many consumers were being deterred from comparison 
shopping for eyeglasses because eye care practitioners refused to 
release prescriptions, even upon a patient's request, or charged an 
additional fee for release of a prescription.\5\
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    \5\ Advertising of Ophthalmic Goods and Services, Statement of 
Basis and Purpose and Final Trade Regulation Rule, 43 FR 23992, 
23998 (June 2, 1978). The Commission also found that some 
practitioners refused to conduct an examination unless the patient 
agreed in advance to purchase eyeglasses from the prescriber and 
that some practitioners conditioned the release of a prescription on 
the signing of a waiver of liability. Id.
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    In 1985, the Commission published a Notice of Proposed Rulemaking 
(``NPR'') requesting comments on certain issues relating to the Rule, 
including whether or not the prescription release requirement should be 
modified to require that prescriptions be given only to patients who 
request them, modified to require only that eye care practitioners 
offer, rather than automatically provide, prescriptions to patients, 
and whether the Rule should be extended to require that optometrists 
and ophthalmologists provide a duplicate copy of prescriptions to 
patients who lost or misplaced the original.\6\ After considering the 
Rulemaking record, the Commission decided in 1989 to retain the Rule's 
requirement that prescriptions be automatically released.\7\ The 
Commission did not receive substantial evidence indicating that the 
practice of refusing to release duplicate copies of eyeglass 
prescriptions to patients who had lost or misplaced the originals was 
prevalent and as a result determined that rulemaking in that area would 
not be appropriate.\8\
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    \6\ Ophthalmic Practice Rules; Proposed Trade Regulation Rule; 
Notice of Proposed Rulemaking, 50 FR 598, 602 (Jan. 4, 1985).
    \7\ Trade Regulation Rule; Ophthalmic Practice Rules; Final 
Trade Regulation Rule, 54 FR 10285, 10303 (Mar. 13, 1989). Citing to 
significant non-compliance with the automatic release requirement of 
the Rule and a lack of consumer awareness about prescription rights, 
the Commission determined that there was not sufficient evidence in 
the record to conclude that the automatic release provision was no 
longer needed. Id.
    \8\ 54 FR 10285, 10303 (Mar. 13, 1989).
---------------------------------------------------------------------------

    In 1997, the Commission issued a Request for Public Comment 
regarding the Rule, inviting comments on the overall costs and benefits 
of the Rule, and asking again if the automatic prescription release 
requirement should be modified.\9\ In 2004, following comments from 
numerous parties, the Commission determined to retain the Eyeglass Rule 
without modification.\10\
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    \9\ Ophthalmic Practice Rules; Request for Public Comments, 62 
FR 15865 (Apr. 3, 1997).
    \10\ Ophthalmic Practice Rules; Final Rule; 69 FR 5451 (Feb. 4, 
2004).
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II. Regulatory Review of the Eyeglass Rule

    The Commission periodically reviews all of its rules and guides. 
These reviews seek information about the costs and benefits of the 
agency's rules and guides, and their regulatory and economic impact. 
The information obtained assists the Commission in identifying those 
rules and guides that warrant modification or rescission. Therefore, 
the Commission solicits comments on, among other things, the economic 
impact and benefits of the Rule; possible conflict between the Rule and 
State, local, or other Federal laws or regulations; and the effect on 
the Rule of any technological, economic, or other industry changes.

III. Issues for Comment

    The Commission requests written comment on any or all of the 
following questions. These questions are designed to assist the public 
and should not be construed as a limitation on the issues on which 
public comment may be submitted. The Commission requests that responses 
to its questions be as specific as possible, including a reference to 
the question being answered, and reference to empirical data or other 
evidence upon which comments are based whenever available and 
appropriate. Please also provide evidence of the prevalence of any 
unfair acts or practices that any proposed modification would address.

A. General Issues

    1. Is there a continuing need for the Rule? Why or why not?
    2. What benefits has the Rule provided to consumers? What evidence 
supports the asserted benefits?
    3. What modifications, if any, should be made to the Rule to 
increase its benefits to consumers?
    (a) What evidence supports the proposed modifications?
    (b) How would these modifications affect the costs the Rule imposes 
on businesses, including small businesses?
    (c) How would these modifications affect the benefits to consumers?
    4. What impact has the Rule had on the flow of truthful information 
to consumers and on the flow of deceptive information to consumers?
    5. What significant costs, if any, has the Rule imposed on 
consumers? What evidence supports the asserted costs?
    6. What modifications, if any, should be made to the Rule to reduce 
any costs imposed on consumers?
    (a) What evidence supports the proposed modifications?
    (b) How would these modifications affect the benefits provided by 
the Rule?
    7. What benefits, if any, has the Rule provided to businesses, 
including small businesses? What evidence supports the asserted 
benefits?
    8. What modifications, if any, should be made to the Rule to 
increase its benefits to businesses, including small businesses?
    (a) What evidence supports the proposed modifications?
    (b) How would these modifications affect the costs the Rule imposes 
on businesses, including small businesses?
    (c) How would these modifications affect the benefits to consumers?
    9. What significant costs, if any, including costs of compliance, 
has the Rule imposed on businesses, including small businesses? What 
evidence supports the asserted costs?
    10. What modifications, if any, should be made to the Rule to 
reduce the costs imposed on businesses, including small businesses?
    (a) What evidence supports the proposed modifications?
    (b) How would these modifications affect the benefits provided by 
the Rule?

[[Page 53276]]

    11. What evidence is available concerning the degree of industry 
compliance with the Rule?
    12. What modifications, if any, should be made to the Rule to 
account for changes in relevant technology or economic conditions? What 
evidence supports the proposed modifications?
    13. Does the Rule overlap or conflict with other federal, state, or 
local laws or regulations? If so, how?
    (a) What evidence supports the asserted conflicts?
    (b) With reference to the asserted conflicts, should the Rule be 
modified? If so, why, and how? If not, why not?

B. Specific Issues

    1. Should the definition of ``prescription'' be modified to include 
pupillary distance? Why or why not?
    (a) What evidence supports such a modification?
    (b) How would this modification affect the costs the Rule imposes 
on businesses, including small businesses?
    (c) How would this modification affect the benefits to consumers?
    2. Should the Rule be extended to require that prescribers provide 
a duplicate copy of a prescription to a patient who does not currently 
have access to the original? Why or why not?
    (a) What evidence supports such a modification?
    (b) How would this modification affect the costs the Rule imposes 
on businesses, including small businesses?
    (c) How would this modification affect the benefits to consumers?
    3. Should the Rule be extended to require that a prescriber provide 
a copy to or verify a prescription with third parties authorized by the 
patient? Why or why not?
    (a) What evidence supports such a modification?
    (b) How would this modification affect the costs the Rule imposes 
on businesses, including small businesses?
    (c) How would this modification affect the benefits to consumers?

IV. Instructions for Submitting Comments

    You can file a comment online or on paper. For the Commission to 
consider your comment, we must receive it on or before October 26, 
2015. Write ``Eyeglass Rule, 16 CFR part 456, Project No. R511996'' on 
the comment. Your comment, including your name and your state, will be 
placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the 
Commission tries to remove individuals' home contact information from 
comments before placing them on the Commission Web site. Because your 
comment will be made public, you are solely responsible for making sure 
that your comment does not include any sensitive personal information, 
such as a Social Security number, date of birth, driver's license 
number or other state identification number or foreign country 
equivalent, passport number, financial account number, or credit or 
debit card number. You are also solely responsible for making sure that 
your comment does not include any sensitive health information, such as 
medical records or other individually identifiable health information.
    In addition, do not include any ``[t]rade secret or any commercial 
or financial information which is . . . privileged or confidential,'' 
as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC 
Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include 
competitively sensitive information such as costs, sales statistics, 
inventories, formulas, patterns, devices, manufacturing processes, or 
customer names.
    If you want the Commission to give your comment confidential 
treatment, you must file it in paper form, with a request for 
confidential treatment, and you must follow the procedure explained in 
FTC Rule 4.9(c), 16 CFR 4.9(c). In particular, the written request for 
confidential treatment that accompanies the comment must include the 
factual and legal basis for the request, and must identify the specific 
portions of the comments to be withheld from the public record. Your 
comment will be kept confidential only if the FTC General Counsel, in 
his sole discretion, grants your request in accordance with the law and 
the public interest.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comment online. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/ophthalmicruleanprm by following the instructions on the web-based 
form. If this document appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    If you file your comment on paper, write ``Eyeglass Rule, 16 CFR 
part 456, Project No. R511996'' on your comment and on the envelope, 
and mail your comment to the following address: Federal Trade 
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite 
CC-5610 (Annex B), Washington, DC 20580, or deliver your comment to the 
following address: Federal Trade Commission, Office of the Secretary, 
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex 
B), Washington, DC 20024.
    Visit the Commission Web site at http://www.ftc.gov to read this 
document and the news release describing it. The FTC Act and other laws 
that the Commission administers permit the collection of public 
comments to consider and use in this proceeding as appropriate. The 
Commission will consider all timely and responsive public comments that 
it receives on or before October 26, 2015. You can find more 
information, including routine uses permitted by the Privacy Act, in 
the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-21578 Filed 9-2-15; 8:45 am]
BILLING CODE 6750-01-P



                                                 53274               Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Proposed Rules

                                                    10. What modifications, if any, should               manufacturing processes, or customer                    By direction of the Commission.
                                                 be made to the Rule to reduce the costs                 names.                                                Donald S. Clark
                                                 imposed on businesses, including small                     If you want the Commission to give                 Secretary.
                                                 businesses?                                             your comment confidential treatment,                  [FR Doc. 2015–21577 Filed 9–2–15; 8:45 am]
                                                    a. What evidence supports the
                                                                                                         you must file it in paper form, with a                BILLING CODE 6750–01–P
                                                 proposed modifications?
                                                    b. How would these modifications                     request for confidential treatment, and
                                                 affect the benefits provided by the Rule?               you must follow the procedure
                                                                                                                                                               FEDERAL TRADE COMMISSION
                                                    11. What evidence is available                       explained in FTC Rule 4.9(c), 16 CFR
                                                 concerning the degree of industry                       4.9(c). In particular, the written request            16 CFR Part 456
                                                 compliance with the Rule?                               for confidential treatment that
                                                    12. What modifications, if any, should               accompanies the comment must include                  Ophthalmic Practice Rules (Eyeglass
                                                 be made to the Rule to account for                      the factual and legal basis for the                   Rule)
                                                 changes in relevant technology or                       request, and must identify the specific               AGENCY:   Federal Trade Commission
                                                 economic conditions? What evidence                      portions of the comments to be withheld               (‘‘FTC’’ or ‘‘Commission’’).
                                                 supports the proposed modifications?                    from the public record. Your comment
                                                    13. Does the Rule overlap or conflict                                                                      ACTION: Advance notice of proposed
                                                                                                         will be kept confidential only if the FTC             rulemaking; request for comment.
                                                 with other federal, state, or local laws or             General Counsel, in his or her sole
                                                 regulations? If so, how?                                discretion, grants your request in                    SUMMARY:   The Commission is requesting
                                                    a. What evidence supports the                                                                              public comment on its Trade Regulation
                                                                                                         accordance with the law and the public
                                                 asserted conflicts?                                                                                           Rule entitled ‘‘Ophthalmic Practice
                                                    b. With reference to the asserted                    interest.
                                                                                                                                                               Rules (Eyeglass Rule),’’ which requires
                                                 conflicts, should the Rule be modified?                    Postal mail addressed to the
                                                                                                                                                               eye care practitioners to release eyeglass
                                                 If so, why, and how? If not, why not?                   Commission is subject to delay due to
                                                                                                                                                               prescriptions to their patients (‘‘Eyeglass
                                                                                                         heightened security screening. As a                   Rule’’). The Commission is soliciting
                                                 IV. Instructions for Submitting
                                                                                                         result, we encourage you to submit your               comments about the efficiency, costs,
                                                 Comments
                                                                                                         comment online. To make sure that the                 benefits, and regulatory impact of the
                                                    You can file a comment online or on                  Commission considers your online
                                                 paper. For the Commission to consider                                                                         Rule as part of its systematic review of
                                                                                                         comment, you must file it at https://                 all current Commission regulations and
                                                 your comment, we must receive it on or                  ftcpublic.commentworks.com/ftc/
                                                 before October 26, 2015. Write ‘‘Contact                                                                      guides. All interested persons are
                                                                                                         contactlensrule by following the                      hereby given notice of the opportunity
                                                 Lens Rule, 16 CFR part 315, Project No.                 instructions on the web-based form. If
                                                 R511995’’ on the comment. Your                                                                                to submit written data, views, and
                                                                                                         this document appears at http://                      arguments concerning the Rule.
                                                 comment, including your name and
                                                                                                         www.regulations.gov/#!home, you also                  DATES: Written comments must be
                                                 your state, will be placed on the public
                                                 record of this proceeding, including, to                may file a comment through that Web                   received on or before October 26, 2015.
                                                 the extent practicable, on the public                   site.                                                 ADDRESSES: Interested parties may file a
                                                 Commission Web site, at http://                            If you file your comment on paper,                 comment at https://
                                                 www.ftc.gov/os/publiccomments.shtm.                     write ‘‘Contact Lens Rule, 16 CFR part                ftcpublic.commentworks.com/ftc/
                                                 As a matter of discretion, the                          315, Project No. R511995’’ on your                    ophthalmicruleanprm online or on
                                                 Commission tries to remove individuals’                 comment and on the envelope, and mail                 paper, by following the instructions in
                                                 home contact information from                           your comment to the following address:                the Instructions for Submitting
                                                 comments before placing them on the                     Federal Trade Commission, Office of the               Comments part of the SUPPLEMENTARY
                                                 Commission Web site. Because your                       Secretary, 600 Pennsylvania Avenue                    INFORMATION section below. Write
                                                 comment will be made public, you are                    NW., Suite CC–5610 (Annex C),                         ‘‘Eyeglass Rule, 16 CFR part 456, Project
                                                 solely responsible for making sure that                 Washington, DC 20580, or deliver your                 No. R511996’’ on your comment, and
                                                 your comment does not include any                                                                             file your comment online at https://
                                                                                                         comment to the following address:
                                                 sensitive personal information, such as                                                                       ftcpublic.commentworks.com/ftc/
                                                                                                         Federal Trade Commission, Office of the
                                                 a Social Security number, date of birth,                                                                      ophthalmicruleanprm by following the
                                                                                                         Secretary, Constitution Center, 400 7th               instructions on the web-based form. If
                                                 driver’s license number or other state                  Street SW., 5th Floor, Suite 5610
                                                 identification number or foreign country                                                                      you prefer to file your comment on
                                                                                                         (Annex C), Washington, DC 20024.                      paper, write ‘‘Eyeglass Rule, 16 CFR part
                                                 equivalent, passport number, financial
                                                 account number, or credit or debit card                    Visit the Commission Web site at                   456, Project No. R51199’’ on your
                                                 number. You are also solely responsible                 http://www.ftc.gov to read this                       comment and on the envelope and mail
                                                 for making sure that your comment does                  document and the news release                         your comment to the following address:
                                                 not include any sensitive health                        describing it. The FTC Act and other                  Federal Trade Commission, Office of the
                                                 information, such as medical records or                 laws that the Commission administers                  Secretary, 600 Pennsylvania Avenue
                                                 other individually identifiable health                  permit the collection of public                       NW., Suite CC–5610 (Annex B),
                                                 information.                                            comments to consider and use in this                  Washington, DC 20580, or deliver your
                                                    In addition, do not include any                      proceeding as appropriate. The                        comment to the following address:
                                                 ‘‘[t]rade secret or any commercial or                   Commission will consider all timely                   Federal Trade Commission, Office of the
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                 financial information which is . . .                    and responsive public comments that it                Secretary, Constitution Center, 400 7th
                                                 privileged or confidential,’’ as discussed              receives on or before October 26, 2015.               Street SW., 5th Floor, Suite 5610
                                                 in Section 6(f) of the FTC Act, 15 U.S.C.               You can find more information,                        (Annex B), Washington, DC 20024.
                                                 46(f), and FTC Rule 4.10(a)(2), 16 CFR                  including routine uses permitted by the               FOR FURTHER INFORMATION CONTACT:
                                                 4.10(a)(2). In particular, do not include               Privacy Act, in the Commission’s                      Alysa Bernstein, Attorney, (202) 326–
                                                 competitively sensitive information                     privacy policy, at http://www.ftc.gov/                3289, or Bonnie McGregor, Federal
                                                 such as costs, sales statistics,                        ftc/privacy.htm.                                      Trade Investigator, (202) 326–2356,
                                                 inventories, formulas, patterns, devices,                                                                     Division of Advertising Practices,


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                                                                     Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Proposed Rules                                          53275

                                                 Bureau of Consumer Protection, Federal                  duplicate copy of prescriptions to                     that responses to its questions be as
                                                 Trade Commission, 600 Pennsylvania                      patients who lost or misplaced the                     specific as possible, including a
                                                 Avenue NW., Washington, DC 20580.                       original.6 After considering the                       reference to the question being
                                                 SUPPLEMENTARY INFORMATION:                              Rulemaking record, the Commission                      answered, and reference to empirical
                                                                                                         decided in 1989 to retain the Rule’s                   data or other evidence upon which
                                                 I. Background                                           requirement that prescriptions be                      comments are based whenever available
                                                    The Eyeglass Rule requires an                        automatically released.7 The                           and appropriate. Please also provide
                                                 optometrist or ophthalmologist to                       Commission did not receive substantial                 evidence of the prevalence of any unfair
                                                 provide the patient with one copy of the                evidence indicating that the practice of               acts or practices that any proposed
                                                 patient’s eyeglass prescription, at no                  refusing to release duplicate copies of                modification would address.
                                                 extra cost, immediately after an eye                    eyeglass prescriptions to patients who
                                                 examination is completed.1 It defines a                 had lost or misplaced the originals was                A. General Issues
                                                 prescription as ‘‘the written                           prevalent and as a result determined                      1. Is there a continuing need for the
                                                 specifications for lenses for eyeglasses                that rulemaking in that area would not                 Rule? Why or why not?
                                                 which are derived from an eye                           be appropriate.8                                          2. What benefits has the Rule
                                                 examination, including all of the                         In 1997, the Commission issued a                     provided to consumers? What evidence
                                                 information specified by state law, if                  Request for Public Comment regarding                   supports the asserted benefits?
                                                 any, necessary to obtain lenses for                     the Rule, inviting comments on the                        3. What modifications, if any, should
                                                 eyeglasses.’’ 2                                         overall costs and benefits of the Rule,                be made to the Rule to increase its
                                                    The Rule prohibits an optometrist or                 and asking again if the automatic                      benefits to consumers?
                                                 ophthalmologist from conditioning the                   prescription release requirement should                   (a) What evidence supports the
                                                 availability of an eye examination on a                 be modified.9 In 2004, following                       proposed modifications?
                                                 requirement that the patient agree to                   comments from numerous parties, the                       (b) How would these modifications
                                                 purchase ophthalmic goods from the                      Commission determined to retain the                    affect the costs the Rule imposes on
                                                 optometrist or ophthalmologist,3 or                     Eyeglass Rule without modification.10                  businesses, including small businesses?
                                                 providing the patient with a notice                                                                               (c) How would these modifications
                                                                                                         II. Regulatory Review of the Eyeglass
                                                 waiving the liability or responsibility of                                                                     affect the benefits to consumers?
                                                                                                         Rule
                                                 the provider for the accuracy of the                                                                              4. What impact has the Rule had on
                                                 exam or the ophthalmic goods and                           The Commission periodically reviews                 the flow of truthful information to
                                                 services dispensed by another seller.4                  all of its rules and guides. These reviews             consumers and on the flow of deceptive
                                                    The Commission first promulgated                     seek information about the costs and                   information to consumers?
                                                 the Eyeglass Rule in 1978 based on a                    benefits of the agency’s rules and                        5. What significant costs, if any, has
                                                 finding that many consumers were                        guides, and their regulatory and                       the Rule imposed on consumers? What
                                                 being deterred from comparison                          economic impact. The information                       evidence supports the asserted costs?
                                                 shopping for eyeglasses because eye                     obtained assists the Commission in                        6. What modifications, if any, should
                                                 care practitioners refused to release                   identifying those rules and guides that                be made to the Rule to reduce any costs
                                                 prescriptions, even upon a patient’s                    warrant modification or rescission.                    imposed on consumers?
                                                 request, or charged an additional fee for               Therefore, the Commission solicits                        (a) What evidence supports the
                                                 release of a prescription.5                             comments on, among other things, the                   proposed modifications?
                                                    In 1985, the Commission published a                  economic impact and benefits of the                       (b) How would these modifications
                                                 Notice of Proposed Rulemaking (‘‘NPR’’)                 Rule; possible conflict between the Rule               affect the benefits provided by the Rule?
                                                 requesting comments on certain issues                   and State, local, or other Federal laws or                7. What benefits, if any, has the Rule
                                                 relating to the Rule, including whether                 regulations; and the effect on the Rule                provided to businesses, including small
                                                 or not the prescription release                         of any technological, economic, or other               businesses? What evidence supports the
                                                 requirement should be modified to                       industry changes.                                      asserted benefits?
                                                 require that prescriptions be given only                                                                          8. What modifications, if any, should
                                                                                                         III. Issues for Comment
                                                 to patients who request them, modified                                                                         be made to the Rule to increase its
                                                 to require only that eye care                              The Commission requests written                     benefits to businesses, including small
                                                 practitioners offer, rather than                        comment on any or all of the following                 businesses?
                                                 automatically provide, prescriptions to                 questions. These questions are designed                   (a) What evidence supports the
                                                 patients, and whether the Rule should                   to assist the public and should not be                 proposed modifications?
                                                 be extended to require that optometrists                construed as a limitation on the issues                   (b) How would these modifications
                                                 and ophthalmologists provide a                          on which public comment may be                         affect the costs the Rule imposes on
                                                                                                         submitted. The Commission requests                     businesses, including small businesses?
                                                    1 16 CFR 456.2 (a) and (c). A provider may
                                                                                                                                                                   (c) How would these modifications
                                                 withhold a patient’s prescription until the patient       6 Ophthalmic Practice Rules; Proposed Trade
                                                                                                                                                                affect the benefits to consumers?
                                                 has paid for the eye examination, but only if the       Regulation Rule; Notice of Proposed Rulemaking,
                                                 provider would have required immediate payment          50 FR 598, 602 (Jan. 4, 1985).                            9. What significant costs, if any,
                                                 if the examination had revealed that no ophthalmic        7 Trade Regulation Rule; Ophthalmic Practice         including costs of compliance, has the
                                                 goods were needed. Section 456.2(a).                    Rules; Final Trade Regulation Rule, 54 FR 10285,       Rule imposed on businesses, including
                                                    2 16 CFR 456.1(g).                                   10303 (Mar. 13, 1989). Citing to significant non-      small businesses? What evidence
                                                    3 16 CFR 456.2(b).                                   compliance with the automatic release requirement
                                                                                                                                                                supports the asserted costs?
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                                                    4 16 CFR 456.2(d).                                   of the Rule and a lack of consumer awareness about
                                                    5 Advertising of Ophthalmic Goods and Services,      prescription rights, the Commission determined            10. What modifications, if any, should
                                                 Statement of Basis and Purpose and Final Trade          that there was not sufficient evidence in the record   be made to the Rule to reduce the costs
                                                 Regulation Rule, 43 FR 23992, 23998 (June 2, 1978).     to conclude that the automatic release provision       imposed on businesses, including small
                                                                                                         was no longer needed. Id.
                                                 The Commission also found that some practitioners
                                                                                                           8 54 FR 10285, 10303 (Mar. 13, 1989).
                                                                                                                                                                businesses?
                                                 refused to conduct an examination unless the                                                                      (a) What evidence supports the
                                                                                                           9 Ophthalmic Practice Rules; Request for Public
                                                 patient agreed in advance to purchase eyeglasses
                                                 from the prescriber and that some practitioners         Comments, 62 FR 15865 (Apr. 3, 1997).                  proposed modifications?
                                                 conditioned the release of a prescription on the          10 Ophthalmic Practice Rules; Final Rule; 69 FR         (b) How would these modifications
                                                 signing of a waiver of liability. Id.                   5451 (Feb. 4, 2004).                                   affect the benefits provided by the Rule?


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                                                 53276               Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Proposed Rules

                                                    11. What evidence is available                       your comment, we must receive it on or                will be kept confidential only if the FTC
                                                 concerning the degree of industry                       before October 26, 2015. Write                        General Counsel, in his sole discretion,
                                                 compliance with the Rule?                               ‘‘Eyeglass Rule, 16 CFR part 456, Project             grants your request in accordance with
                                                    12. What modifications, if any, should               No. R511996’’ on the comment. Your                    the law and the public interest.
                                                 be made to the Rule to account for                      comment, including your name and                         Postal mail addressed to the
                                                 changes in relevant technology or                       your state, will be placed on the public              Commission is subject to delay due to
                                                 economic conditions? What evidence                      record of this proceeding, including, to              heightened security screening. As a
                                                 supports the proposed modifications?                    the extent practicable, on the public
                                                    13. Does the Rule overlap or conflict                                                                      result, we encourage you to submit your
                                                                                                         Commission Web site, at http://                       comment online. To make sure that the
                                                 with other federal, state, or local laws or             www.ftc.gov/os/publiccomments.shtm.
                                                 regulations? If so, how?                                                                                      Commission considers your online
                                                                                                         As a matter of discretion, the                        comment, you must file it at https://
                                                    (a) What evidence supports the                       Commission tries to remove individuals’
                                                 asserted conflicts?                                                                                           ftcpublic.commentworks.com/ftc/
                                                                                                         home contact information from                         ophthalmicruleanprm by following the
                                                    (b) With reference to the asserted                   comments before placing them on the
                                                 conflicts, should the Rule be modified?                                                                       instructions on the web-based form. If
                                                                                                         Commission Web site. Because your                     this document appears at http://
                                                 If so, why, and how? If not, why not?                   comment will be made public, you are
                                                                                                                                                               www.regulations.gov/#!home, you also
                                                 B. Specific Issues                                      solely responsible for making sure that
                                                                                                                                                               may file a comment through that Web
                                                    1. Should the definition of                          your comment does not include any
                                                                                                                                                               site.
                                                 ‘‘prescription’’ be modified to include                 sensitive personal information, such as
                                                                                                         a Social Security number, date of birth,                 If you file your comment on paper,
                                                 pupillary distance? Why or why not?                                                                           write ‘‘Eyeglass Rule, 16 CFR part 456,
                                                    (a) What evidence supports such a                    driver’s license number or other state
                                                                                                         identification number or foreign country              Project No. R511996’’ on your comment
                                                 modification?
                                                    (b) How would this modification                      equivalent, passport number, financial                and on the envelope, and mail your
                                                 affect the costs the Rule imposes on                    account number, or credit or debit card               comment to the following address:
                                                 businesses, including small businesses?                 number. You are also solely responsible               Federal Trade Commission, Office of the
                                                    (c) How would this modification                      for making sure that your comment does                Secretary, 600 Pennsylvania Avenue
                                                 affect the benefits to consumers?                       not include any sensitive health                      NW., Suite CC–5610 (Annex B),
                                                    2. Should the Rule be extended to                    information, such as medical records or               Washington, DC 20580, or deliver your
                                                 require that prescribers provide a                      other individually identifiable health                comment to the following address:
                                                 duplicate copy of a prescription to a                   information.                                          Federal Trade Commission, Office of the
                                                 patient who does not currently have                        In addition, do not include any                    Secretary, Constitution Center, 400 7th
                                                 access to the original? Why or why not?                 ‘‘[t]rade secret or any commercial or                 Street SW., 5th Floor, Suite 5610
                                                    (a) What evidence supports such a                    financial information which is . . .                  (Annex B), Washington, DC 20024.
                                                 modification?                                           privileged or confidential,’’ as discussed               Visit the Commission Web site at
                                                    (b) How would this modification                      in Section 6(f) of the FTC Act, 15 U.S.C.             http://www.ftc.gov to read this
                                                 affect the costs the Rule imposes on                    46(f), and FTC Rule 4.10(a)(2), 16 CFR                document and the news release
                                                 businesses, including small businesses?                 4.10(a)(2). In particular, do not include             describing it. The FTC Act and other
                                                    (c) How would this modification                      competitively sensitive information                   laws that the Commission administers
                                                 affect the benefits to consumers?                       such as costs, sales statistics,                      permit the collection of public
                                                    3. Should the Rule be extended to
                                                                                                         inventories, formulas, patterns, devices,             comments to consider and use in this
                                                 require that a prescriber provide a copy
                                                                                                         manufacturing processes, or customer                  proceeding as appropriate. The
                                                 to or verify a prescription with third
                                                                                                         names.                                                Commission will consider all timely
                                                 parties authorized by the patient? Why
                                                                                                            If you want the Commission to give                 and responsive public comments that it
                                                 or why not?
                                                    (a) What evidence supports such a                    your comment confidential treatment,                  receives on or before October 26, 2015.
                                                 modification?                                           you must file it in paper form, with a                You can find more information,
                                                    (b) How would this modification                      request for confidential treatment, and               including routine uses permitted by the
                                                 affect the costs the Rule imposes on                    you must follow the procedure                         Privacy Act, in the Commission’s
                                                 businesses, including small businesses?                 explained in FTC Rule 4.9(c), 16 CFR                  privacy policy, at http://www.ftc.gov/
                                                    (c) How would this modification                      4.9(c). In particular, the written request            ftc/privacy.htm.
                                                 affect the benefits to consumers?                       for confidential treatment that                         By direction of the Commission.
                                                                                                         accompanies the comment must include
                                                 IV. Instructions for Submitting                                                                               Donald S. Clark,
                                                                                                         the factual and legal basis for the
                                                 Comments                                                request, and must identify the specific               Secretary.
                                                   You can file a comment online or on                   portions of the comments to be withheld               [FR Doc. 2015–21578 Filed 9–2–15; 8:45 am]
                                                 paper. For the Commission to consider                   from the public record. Your comment                  BILLING CODE 6750–01–P
rmajette on DSK7SPTVN1PROD with PROPOSALS




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Document Created: 2015-12-15 09:56:56
Document Modified: 2015-12-15 09:56:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking; request for comment.
DatesWritten comments must be received on or before October 26, 2015.
ContactAlysa Bernstein, Attorney, (202) 326- 3289, or Bonnie McGregor, Federal Trade Investigator, (202) 326-2356, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.
FR Citation80 FR 53274 

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