“HEY LEXI, I NOTICED when the doctor handed off the last patient to you, you gave me dagger eyes.” Connie asked, “What was that about?”
ABOUT REAL DEAL
Real Deal scenarios are inspired by true stories but are changed to sharpen the dilemmas involved and should not be confused with real people or places. Responses are peer-sourced opinions and are not a substitute for professional legal advice. Please contact your attorney if you have any questions about an employee or customer situation in your own business.
ABOUT THE AUTHOR
Carissa Dunphy has been working in private practice optometry since 2008 and is the founder of Optician Now (opticiannow.com). Follow Carissa on Instagram and Facebook at @opticiannow.
“The doctors never print the patient’s prescription.” Lexi sighed, “Since there’s no computer in optical, I have to leave the patient, come back to the front desk, print the Rx, then go back to the patient to give it to them.”
“Yes, that is frustrating, and an inefficient process.” Connie continued, “I’m used to it — I’ve gotten in the habit of printing them for every patient.”
“All of those extra steps are a waste of time.” Lexi continued, “You know, now that we’re talking about this, I recall seeing something a while back on social media that there was new legislation about patients having to sign something confirming they received a copy of their Rx?”
“What?!” Connie questioned, “No way!”
Lexi replied, “Yeah, I can’t remember exactly what it was, but someone commented that they were worried about how to implement this in their practice — I didn’t read all of the replies, because I didn’t think anything of it at the time.”
“Google it,” Connie exclaimed.
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Lexi typed it in and hit search. “The first thing that pops up is an article — Are You Ready for the Eyeglass Rule Of 2024? – from the AOA.”
Connie responded, “Click it. What does it say?”
Scanning the page, Lexi read, “Effective September 2024, it requires doctors to obtain confirmation from a patient that their prescription was provided to them at their visit.”
Connie’s eyes got big, “Sounds like we’re not only supposed to give them their Rx but have them sign something confirming they received it that by law we’re supposed to keep on record!”
“Yes, it says it requires patients to have access to their prescription before products for sale are offered to patients.” Lexi continued, “The Eyeglass Rule mirrors the requirements of the ‘Contact Lens Rule of 2020.’”
“Before glasses are offered — contacts too?” Connie’s eyes got bigger.
Lexi read more, “There’s a link to an Eyeglass Rule Compliance Toolkit (invisionmag.com/032501) that has templates for use. Yada, yada… doctors must maintain this documentation for at least three years… that’s the gist.”
Connie reluctantly asked, “And what if we aren’t doing that?”
“It says, failure to comply will result in warning letters and potentially civil monetary penalties,” Lexi answered.
Connie questioned, “Do our doctors even know this?”
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“Surely they must be aware — they don’t live under a rock.” Lexi added, “When I go back to the search results, it’s on the AOA, the FTC, INVISION, all the other industry magazines. At least one of these sources had to have ended up in their email inbox!?!”
“Assuming they’re aware, why are they — or why aren’t they making us — follow this rule?” Connie worried.
The Big Questions
- Why might the doctors not be changing their habits to comply with the Eyeglass Rule?
- Should it be the staff’s responsibility to get the practice compliant?
- How might the staff approach the doctors on this topic to ensure practices change to make the office compliant?
Stewart G.
San Francisco, CA
My patients are fed up with all this nonsense. And so am I. Another form to fill out which means nothing to them. And the inability to choose a frame while they are waiting to be examined REALLY pisses them off. They come to my office because their insurance covers glasses from my office, and I have selections they like. They are coming in with getting a new pair already in mind and want to see what they are selecting because they know I will be dilating them, and they won’t be able to see well after the exam. It’s prejudiced towards the private practitioner and the patient. This is a made-up issue that shouldn’t even have been brought up by the FTC.
Whitney H.
Missoula, MT
It sounds as if the doctors are either not aware of the rule or shunting the responsibility for compliance onto staff. Perhaps staff should remind the doctors of the monetary penalties of noncompliance. While staff should be helping keep the office compliant, the crafting of compliance protocol and implementation lies with the doctors and office manager. The employee could approach the doctors or manager directly or bring up the topic and the noncompliance repercussions in a staff meeting. It could be helpful for her, as an optician, to outline a possible solution that doesn’t require her to excuse herself from the patient thus taking time away from patient care.
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Deborah T.
Austin, TX
The doctors may not be changing their habits because they are set in their ways. They might well be aware of the new rule but feel they do not have to comply because what they’ve been doing all along has worked well for them. As far as the staff’s responsibility, they should talk with the doctors and make sure they are aware of the new rule and perhaps come up with a way to become compliant with it. All they can do is suggest to the doctors and make sure they are aware of the penalties the doctors can face. In the end, it’s the doctors’ practice and their ultimate responsibility.
Sherry S.
Pascagoula, MS
Our doctors send the Rx to the printer at the checkout desk where we have the patient sign it and then we make a copy to scan into the patient’s account. We then give the original back to the patient, and they take it to the optical department to purchase eyewear.
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