The Honorable Lina M. Khan, Chair, Federal Trade Commission (May 15, 2023)

Summary

Letter dated May 15, 2023 from the House Committee on Small Business to the Chair of the Federal Trade Commission, written to inquire about the recent rule change to the Ophthalmic Practice Rules (Eyeglass Rule). The letter says the rule requires optometrists and ophthalmologists to provide patients with a signed copy and acknowledgement of their eyeglass prescription and to keep the acknowledgements for at least three years. The Committee fears a disproportionate impact on small businesses and states that it appears the FTC may not have properly considered small entities. It requests information, including the statutory requirements to examine the rule's impact, no later than May 29th, 2023. The signature block names Roger Williams, Chairman, Committee on Small Business.

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Full text

                                             May 15, 2023

The Honorable Lina M. Khan
Chair
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Ms. Khan:

        The House Committee on Small Business (the Committee) writes to inquire about the
recent rule change to the Ophthalmic Practice Rules (Eyeglass Rule). The rule requires
optometrists and ophthalmologists to provide patients with a signed copy and acknowledgement
of their eyeglass prescription and concurrently, requires that the acknowledgements be kept by
the practice for at least three years.1 The Committee fears that this rule will have a
disproportionate impact on small businesses by adding redundant requirements to already
understaffed practices.2 It appears that the Federal Trade Commission (FTC) may not have
properly considered small entities during this rulemaking process.

       It is important for agencies to properly consider small businesses interests, which make
up 99.9 percent of all businesses in the United States, when passing any new rule. America’s
small businesses deserve to have their voices heard and considered. We therefore request the
following information as soon as possible but no later than May 29th, 2023.

    1. What are your statutory requirements to examine this rule’s impact on small businesses?

    2. How many small businesses will be impacted by this rule?

    3. What additional compliance costs on small businesses are associated with this new rule?

    4. Where can small businesses go to examine your analysis on the impacts this rule will
       have on their operations?

    5. What alternatives have been considered to lessen the impacts on small businesses?



1
 Ophthalmic Practice Rules (Eyeglass Rule), 16 C.F.R. 456 (2023).
2
 AOA makes robust rebuttal to FTC over proposed changes to Eyeglass Rule, AM. OPTOMETRIC ASSOC. (Mar. 16,
2023).
The Honorable Lina M. Khan
May 15, 2023
Page 2 of 2

       To schedule the delivery of your response or ask any related follow-up questions, please
contact Committee on Small Business Majority Staff at (202) 225-5821. The Committee on
Small Business has broad authority to investigate “problems of all types of small business” under
House Rule X. Thank you in advance for your cooperation with this inquiry.”

                                           Sincerely,




                                     Roger Williams
                                         Chairman
                                 Committee on Small Business




cc:    The Honorable Nydia M. Velasquez, Ranking Member
       Committee on Small Business


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