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A Tale of Two States

california

California

(Passive verification)

In 2002, by enacting a new state law (AB 2020), Californians with the involvement of ophthalmologists, optometrists, consumer groups, the California Medical Board, and the California Optometric Association, created a compromise system which received widespread support.

“AB 2020 strikes a reasonable balance between access and accountability.”

“AB 2020 is an example of numerous parties collaborating to provide patients with the best possible healthcare-patient interests were the top priority of AB 2020.”

A vital component of AB 2020 was the creation of a passive verification system.

The result?

Passive verification in California led to hundreds of thousands of orders being processed without a single complaint received by the California Medical Board from consumers, online sellers, or eye doctors. It established the right balance between consumer protection and patient safety.

In all cases where 1-800 Contacts received a response from an ECP indicating a prescription was invalid, the order was deleted.

vs.
texas

Texas

(Positive verification)

In 2002, Texas experimented with positive “indefinite” verification. ECPs had no time limit requirements in responding to prescription verification requests from third-party resellers. Thanks to their conflict of interest, they had no incentive to comply. So, they didn’t respond.

The result?

1-800 Contacts had to cancel over 40,000 customer orders and filed more than 40,000 complaints with The Texas Optometry Board, accompanied by 4,300 hand-signed complaints from Texas consumers.

When the prescriber has a direct conflict of interest because they sell what they prescribe, you get situations, like the one in Texas, where a positive verification system fails.

The clear differences between these two states helped motivate Congress to act in favor of contact lens wearers nationwide by making passive verification the law of the land through the FCLCA.
Ed Hernandez, O.D. Letter on behalf of the California Optometric Association to The Honorable Lou Correa, dated July 15th, 2002.
COA President W.J. Garvin “California Optometric Association Negotiates Contact Lens Legislation” Press Release, dated August 21, 2002

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