Legislation protecting consumer eye care advances

FRANKFORT, Ky. (WTVQ) –  House Bill 191, the Consumer Protection in Eye Care Act, passed the Senate Health & Welfare Committee Wednesday.

House Bill 191 permits consumers to utilize advancements in eye care technology, while also establishing safety standards to protect consumer health.  Across the country, consumers provide information through a phone or computer, take an online “vision test,” and receive prescriptions for glasses or contact lenses.   Glasses and contact lenses are classified by the FDA as medical devices.  Currently, Kentucky has no standards that address this technology.

Bill sponsor Rep. Jim Gooch highlighted that House Bill 191 allows the technology in Kentucky but also establishes safeguards for its appropriate use.  Some of these safeguards include a minimum age of 18 to use the technology, a prior in-person eye examination within the previous 24 months and the technology cannot be utilized for an initial contact lens prescription. 

One key safety requirement within House Bill 191 is the “simultaneous interaction” between the consumer and an optometrist, osteopath or physician. 

“Simultaneous interaction, or the real-time exchange of information, is imperative when consumers utilize these devices,” said Dr. Ben Gaddie, an optometrist in Louisville and legislative liaison for the Kentucky Optometric Association. “All information through these technologies is provided and controlled by the consumer.  Interaction with a provider in some fashion is a minimum safety requirement that all providers should support.

Angelia Thompson, M.D., an ophthalmologist in Lexington at Bluegrass Retina Associates, also testified in support of House Bill 191.

“House Bill 191 is crucial to protect the safety of Kentucky consumers, especially when they will feel that using an online app will take the place of an in-person exam,” Thompson said. “Doctors must be involved with this technology, and simultaneous interaction is crucial for the safety of the patient.”She emphasized the need for the simultaneous exchange of information and the involvement with the doctor. In addition, three other Kentucky ophthalmologists submitted letters in support of House Bill 191.

House Bill 191 passed the House by a vote of 90-7 and now proceeds to the Senate for full vote. 

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Media release from the Kentucky Optometric Association.