Extension without change of a currently approved collection
No
Regular
12/20/2023
table that charts list comparision
Requested
Previously Approved
36 Months From Approved
12/31/2023
143,497,800
154,747,800
3,104,050
2,979,050
591,300
591,300
The Federal Trade Commission (âFTCâ or âCommissionâ) requests approval for a three-year extension of an existing clearance relating to the disclosure and recordkeeping requirements under the Contact Lens Rule (âRuleâ), 16 C.F.R. Part 315. There is no change in the instrument collection.
The Rule which was effective in 2004, implemented 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.
On June 23, 2020, the Federal Trade Commission announced a Final Rule amendment to enhance and further ensure compliance with the Fairness to Contact Lens Consumers Act's requirement that prescribers automatically provide their patients with a copy of their prescription upon completion of a contact lens fitting. The Final Rule requires prescribers to request that their patients confirm that they have received their prescription, and allows flexibility in the way the prescription and confirmation are provided. Prescribers must maintain proof that they satisfied the confirmation of prescription release requirement for at least three years. Eye doctors were already required by law to provide every patient with a copy of his or her contact lens prescription, allowing patients to comparison shop for lenses. This rule change will help to ensure that eye doctors fulfill their obligations, and will facilitate FTC enforcement of these important requirements.
To address concerns about third-party sellers verifying prescriptions by leaving incomplete or incomprehensible automated telephone messages with prescribers, sellers who use automated telephone messages for verification must record the calls and preserve the recordings for three years. This will likely require a minimal amount of capital and other non-labor costs to record the calls and store them electronically.
There is an upward adjustment in our annual burden hours from 2,979,050 (2020) to 3,104,050 (2023). The annual labor costs stemming from slightly higher estimated burden hours and average hourly rates go from $104,448,448 (2020) to $117,606,598 (2023).
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 Rule SS - 12_15_2023-FINAL.pdf
Contact Lens Rule: Third Party Sellers (not original prescribers) with recordkeeping obligations when verification not required