Prescription rights: the rules for eyeglasses

(ConsumerLine; February-March 2000)

When it comes to prescription rights, consumers often are unaware of the laws governing what doctors can and cannot do. In the last issue of ConsumerLine, we detailed the rules for contact lens prescriptions. This issue informs you of your prescription rights for eyeglasses within the state of Texas. Readers in other states should contact their state optometry board for details on their prescription rights.

Prescription release

The eye glass prescription law requires your doctor to give you your eyeglass prescription. Your doctor can only refuse to provide your eyeglass prescription if you have not paid the examination fee.

Expiration dates

Eye doctors are not required under Texas law to put expiration dates on eyeglass prescriptions; however, they may choose to do so. Some consumers have reported being told by their doctors that state law limits eyeglass prescriptions to one year. This is false. Texas law places no restrictions on the length of eyeglass prescriptions nor does it require an eye doctor to even put an expiration date on eyeglass prescriptions. However, if your eye doctor chooses to put an expiration date on your eyeglass prescription, it is not valid after that date.

Unless you have an unusual eye care problem, talk to your doctor about leaving the expiration date off of the prescription and then get your eyes checked every two years (the regular interval recommended for eye examinations for most adults according to the American Optometry Association). Should your doctor choose to put an expiration date on your eyeglass prescription, ask for a two-year expiration date.

Consumers Union will continue monitoring the eye doctors' compliance with the law and, if the situation warrants it, may recommend remedial action to the Texas Legislature.

TEXAS LAW
Prescription	Contact Lenses	Eyeglasses
Expiration date required	YES	NO (but the eye doctor can choose to put an expiration date on the prescription)
Eye doctor MUST release the prescription	YES, but the doctor can refuse for health-related reasons	YES
Prescription length requirements	No less than one year, but with an automatic two-month extension upon request.(but it can be less than one year for health-related reasons)	NO requirement. (but the eye doctor can add an expiration date which will be invalid after that date)

Contact lens prescription update: your rights
(ConsumerLine; October-November 1999)

Contact lens Prescription Update: Know your rights

Consumers Union, which championed the passage of a 1997 Texas law requiring eye doctors to release contact lens prescriptions to their patients who ask for the prescriptions, warns consumers about misinformation they might receive about getting their prescriptions.

MYTH: THE LAW PROHIBITS EYE DOCTORS FROM WRITING A PRESCRIPTION FOR MORE THAN ONE YEAR. The law states that eye doctors may not write a prescription for less than one year unless there is a health-related reason to limit the prescription. If there is a health-related reason, the eye doctor must advise the patient of the patient's particular condition (and, it has to be more than "you wear contact lenses") and must note the reason in the patient's chart. The eye doctor can extend the prescription without another eye exam and can write a prescription for two years. While individual characteristics can necessitate more frequent exams, according to the American Optometry Association, most adults should have their eyes checked every two years. So if having a valid contact lens prescription exceeding one year is important to you, be sure to shop around and ask questions when looking for an eye doctor.

MYTH: CONTACT LENSES CANNOT BE DISPENSED BEYOND THE DATE OF EXPIRATION. By law, consumers have a right to at least one two-month extension of their contact lens prescriptions. So, if you discover your prescription has expired and you need contact lens replacements today, call your eye doctor and ask for the two-month extension. The law allows an eye doctor to refuse to release a prescription that is over a year old - as long as the 2-month extension has been allowed. Essentially, a year prescription will last for 14 months.

MYTH: EYE DOCTORS MUST GIVE PATIENTS THEIR CONTACT LENS PRESCRIPTIONS. Even though this law clearly establishes a consumer's right to his or her prescription (including the right to shop around for contact lenses), there is still much left to the professional judgment of the examining eye doctor. If you encounter an eye doctor who resists or refuses to give you a copy of your prescription without a health-related explanation, you might want to consider changing doctors. The eye doctor can refuse to hand over your prescription when there is a health-related reason and as long as the doctor advises you of that medical reason and notes it in your chart. Some eye doctors will continue to hide behind this caveat to force their patents to buy contact lens from them. (Without a written prescription, the patient cannot purchase the contact lenses elsewhere.) However, a strong doctor-patient relationship is based on trust, not on manipulation.

COMPLAIN, COMPLAIN, COMPLAIN. The Texas Board of Optometry regulates optometrists and the Texas Board of Medical Examiners regulates ophthalmologists (M.D.s). If you have a problem getting your contact lens prescription and you believe it is in violation of the law, file a complaint with these boards. Consumer complaints are best way to help these state agencies enforce the contact lens prescription laws.