My ophthalmologist won't release my prescription. Is there anything I can do to force them to do so?
My vision insurance covers one eye exam per year, and I went in for it around the beginning of December. I didn't have the money to pay for new lenses or contacts at the time, so I told them I'd come back to place my order when I could afford it. I went back today, and they informed me that I would need a new exam, as they won't use prescriptions older than three months. The new exam, of course, would need to be paid for out-of-pocket.
So, while the prescription is still relatively fresh, I'd like to take my business elsewhere.
The catch? They won't release my prescription. Legally, I think they have to, but the FTC stipulates that they (may) only be compelled to do so on the same day as the exam
Sec. 456.2 Separation of examination and dispensing.
It is an unfair act or practice for an ophthalmologist or optometrist to:
(a) Fail to provide to the patient one copy of the patient's prescription immediately after the eye examination is completed.
Provided: An ophthalmologist or optometrist may refuse to give the patient a copy of the patient's prescription until the patient has paid for the eye examination, but only if that ophthalmologist or optometrist would have required immediate payment from that patient had the examination revealed that no ophthalmic goods were required;
The irony, of course, is that my current pair is now approaching its sixth or seventh birthday, the lenses are trashed, and my new prescription is considerably different in any case. I really
want new glasses. This is a "normal" ophthalmology practice, not a chain/discount/free exam-type business. Am I SOL?