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 Commission’s 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