What to do when the doctor won't release your prescription

1. Be savvy

Know the common practices that some eye care providers use to prevent you from getting your prescription. For instance:  

Giving out eyeglass prescriptions instead of contact lens prescriptions  

Make sure you have a contact lens prescription, not an eyeglass prescription. A prescription for disposable contact lenses will always include the make, manufacturer, or material of the contacts. If your prescription does not, check with your eye care professional.  

The waiver  

Some eye care providers will have you sign a waiver to receive your prescription. This practice is illegal and can be used as a scare tactic to make you think you’re doing something wrong.  

Note: this is different from them asking you to sign an acknowledgment stating you received your prescription (which is now required by law). Be aware of what you’re signing, don’t be afraid to ask questions, and you’ll be fine.  

“I can’t release, the fitting process is not over”  

Some eye care providers may tell you they cannot release your prescription to you because you have not completed the fitting process. This is normal for new wearers or when getting fitted with a new type or brand of lens, who should receive their new prescription once the fitting process or trial period is over. It is not supposed to be used as a reason for withholding your prescription. Under federal law, your prescription is good for a minimum of 1 year.  

The one-year limitation  

Some eye care providers tell you that they cannot issue an expiration date of more than one year. This is not always true. In some states, one year is a minimum, not a maximum. You should discuss your wearing habits and eye health with your eye care provider to determine if you can have a longer prescription length.  

The sales call  

After receiving a prescription verification call from a contact lens supplier, some doctors will call you. Instead of complying with the verification request, some eye care providers will attempt to pressure you into buying your contact lenses directly from them. Some eye care providers will tell you that ordering direct by phone or Internet is illegal, or that the contacts are not as good as what the eye care provider sells. This practice is unethical and improper. These false statements are intended to discourage you from ordering through alternate retailers. You have the right to get your prescription filled wherever you choose, without unnecessary or unsolicited pressure from your eye care provider.  

Come pick up your Rx  

You may be told that the eye care provider cannot release your prescription to you or anyone else over the phone or by fax. Not true. This is just a way to get you into their store. The law permits eye care provides to transmit prescriptions in hard copy or by any electronic means.  

Already released, can’t do it again  

You have a right to your prescription whenever you want it.  

Charging to release  

Some eye care providers may attempt to charge a fee for prescription release. This illegal practice is simply a way to discourage you from going somewhere else to buy your lenses. 

2. Know the law

The Fairness to Contact Lens Consumers Act was signed by President Bush on December 6th, 2003 with an effective date of February 4th, 2004. It was written to protect you from the conflict of interest where eye doctors both prescribe and sell lenses. Here are your rights under this law:  

Right to your prescription  

You have a right to your prescription automatically and unconditionally. Once your contact lens fitting is done, your eye doctor must give you a copy of your prescription — whether you ask for it or not – and without an extra fee or the need to sign a waiver.  

Remember: they need your signature  

As of October 16, 2020 all eye care professionals are required to have you sign an acknowledgment stating you received a copy of your prescription.  

You don’t have to buy your initial box of lenses from your doctor  

When your eye doctor prescribes new lenses, he or she will generally have you wear a trial pair to test their fit. Once the doctor determines the fitting is complete, the federal law requires that you receive your prescription immediately. You are then free to buy your initial boxes of lenses, as well as your replacement lenses, from any vendor you choose whether that be your doctor or a retailer such as 1-800 Contacts.  

Right to have your prescription verified  

Whenever you want to buy your lenses from a retailer such as 1-800 Contacts, your doctor will be contacted by the retailer. If your eye doctor does not respond to our request for verification within eight business hours, the prescription is considered verified, and you will receive your lenses.  

Protection against expensive “private label” lenses  

You may have been prescribed private label, or store brand, lenses available only through your eye doctor’s office. Under federal law, we can provide you with identical lenses made by the same manufacturer, regardless of the brand name on your prescription.  

Protection against unreasonably short prescription lengths  

The law requires that your prescription be valid for at least one year. An eye doctor may only write a prescription for less than one year if justified by your medical health.  

Under federal law, your ability to order lenses from 1-800 Contacts and other retailers is simple, easy, and consumer-friendly. Also, please keep in mind that no retailer, whether it is 1-800 Contacts or any other vendor, will be able to legally sell you contact lenses if your prescription is invalid or expired.  

 

Original published date: 1/24/2020

Article updated: 7/22/2022