- State champs
- Minnesota passes long-awaited scope expansion bill
- Texas unanimously passes groundbreaking VBM access bill
- 650+ reasons why these powerhouse state sessions are advancing optometry
- Study: ‘Unprecedented’ optometry scope of practice expansion benefits patients
- Major victory for West Virginia patients, optometrists
- North Dakota secures telemedicine provisions, ignites grassroots advocacy
- How to build productive relationships with legislators
- Why you should fight for scope expansion
- Committee spotlight: AOA’s State Government Relations Committee
- How Arkansas’ major VBM law delivers on calls to promote fairness, doctor-patient relationships
- Texas optometrists mount defense in court and legislature of landmark law on vision plan abuses
- The case for expanding scope of optometry
- In rural America, opportunity for optometry amid shortfall of ophthalmologists
- Destination: Scope expansion
- Double duty: Doctors of optometry bring their vision to state legislatures
- 'High value' strategy sessions prep states’ advocacy
- VBM abuses scrutinized by state policy think tank, U.S. Senate opens new investigation
- AOA, affiliates’ foundational advocacy work advancing optometry
- South Carolina judge overrules Visibly challenge to consumer protection law
- Oklahoma secures optometry’s latest win over vision plan abuses
- What kind of impact is optometry making on the nation’s eye health?
- ‘Profits over patients cannot continue’ with VBMs; Texas testifies at health insurance hearing
- New York assembly bill potentially sows division in health care
- California warily watches ‘not-a-doctor’ wording in Senate bill
- Latest: Texas defends landmark vision plan law
- West Virginia adds optometric surgical procedures
- Florida optometrists quash effort—again—to pass ‘not-a-doctor’ bill
- South Dakota secures scope expansion for injections, optometric laser procedures
- Affiliates, AOA preparing for fresh attacks on optometry: 'Not-a-doctor' bills are back
- Texas vision plan law, now in effect, sees favorable development in federal lawsuit
- Proposal in Utah would restrict contact lens patient choice, disrupt doctor-patient relationship
- Affiliates, AOA share forward-thinking strategies for optometry’s advocates
- Texas’ vision plan law takes effect, court challenge continues
- Doctors of optometry in New Hampshire earn authorization to provide vaccines to public
- New Texas law halts vision plans’ anti-competitive, monopolistic behaviors
- YAG procedures by doctors of optometry, after cataract surgery, better for patients’ care and convenience, AOA survey says
- Affiliates’ advocacy teams prepare to convene for meeting of the minds
- Doctors of optometry in Texas and Nevada build bulwark against vision plan abuses
- DeSantis decision delivers historic win for Florida optometrists and patients
- AOA and state affiliates rally to decry and defeat discriminatory ‘not-a-doctor’ bills
- Optometry’s scope wins draw new attacks from medical and ophthalmology groups
- Regional Advocacy Meetings prime states’ advocates for 2023 battles and beyond
- Hubble Contacts fined for deceptive trade practices in Texas
- Scope victory for Colorado
- Regional Advocacy Meetings strengthen states advocacy
- Virginia scope advancement
- 1-800 Contacts’ attempt to undermine law thwarted by Georgia doctors yet again
- MOA rebuff insurers reprisals against Mississippi eye care providers
- New York gains oral medication prescribing authority
- California amends optometry’s approved treatments, medications and testing
- Kansas Insurance Department puts vision plans on notice
- State advocates fighting to defend and advance our profession
- The scope of success
- State Advocacy Summit amplifies lessons from year of historic scope victories
- Texas scope expansion gains doctors oral meds, glaucoma authority
- Wyoming expands scope to include contemporary laser-excision procedures
- Mississippi scope progresses, other states seeing early successes
- 7 states authorize doctors of optometry for COVID-19 vaccinations
- Massachusetts scope win adds glaucoma authority
- Going further-expanding advocacy efforts and educational and professional development efforts
- Pennsylvania and Iowa earn big victories to expand scope of practice
- Optometry patients win in Arkansas as ballot challenge to expanded practice law is invalidated
- VSP policy change may violate states patient protection laws
- Court-appointed official deems signatures at heart of Arkansas scope saga invalid
- Arkansas scope saga necessitates urgent action
- Scope expansion to save Americans billions annually
- State Government Relations Center presenting at Republican Attorneys General Association
- Arkansas secures expanded scope of practice
- Maryland expands scope of practice
- AOA state affiliates blaze path for optometry’s future
- Optometry can contribute high-quality health care at affordable prices
- AOA president Driving change
- NJ Vision Plan Bill 2018
- Massachusetts seeks glaucoma care expansion
- Alaska-Georgia legislative victories
- South Carolina legislators override veto safeguard patients vision health
- Georgia Nebraska advance patient centered legislation
- Indiana navigates telehealth bill exempts ophthalmic devices
- FTC DOJ weigh in on Massachusetts glaucoma care expansion
- Arizona No on contact lens prescription extension
- Kentucky heralds third party triumph in new law
- State association challenges mobile refractive service
- Texas doctor successfully challenges Aetna’s policy on panels
- Proposed state legislation doesnt address patient safety
- AOA steps up fight against 1 800 Contacts anti patient legislation
- Louisiana Governor Jindal signs expanded scope of practice bill
Kentucky attorney general holds Warby Parker accountable for its online vision test
May 15, 2024
Enduring advocacy by the Kentucky Optometric Association regarding retailer’s online eye test shows results as its state attorney general reaches settlement with Warby Parker that results in a fine announced May 10.
Tag(s): Advocacy, State Advocacy
Online retailer Warby Parker takes its online vision test offline and is fined in Kentucky in reaching a settlement announced May 10 with the state attorney general’s office—vindicating patient safety concerns raised by the Kentucky Optometric Association (KOA) three years ago.
The settlement, which alleges violation of the state’s Consumer Protection in Eye Care Act, calls for Warby Parker to pay a penalty of $138,000, which could be reduced to $55,200 if there are no further violations for five years. From July to October 2021, the office of Attorney General Russell Coleman alleged, 69 Kentucky residents were “improperly given” Warby Parker’s online vision test.
“We are incredibly pleased that the AG’s office has sent this strong message to protect the eye health of Kentuckians,” KOA President Leslie Cecil, O.D., says. “As optometrists, we are well aware of the concerns that our patients believe these online exams can take the place of in-person care. We are grateful that our elected leaders also recognize these risks for consumers and hold these companies accountable.
“This also reaffirms to our doctors that efforts to educate leaders about safety concerns with online exams do actually work,” Dr. Cecil says.
A check on Thursday of the Warby Parker website found the following content:
“Due to state-level regulations, these states are currently ineligible to use Virtual Vision Test: AK, DC, GA, ID, KY, NJ, NM, SC, SD, WA, WV.”
KOA supports consumer protection
The KOA threw its support behind passage of the state’s Consumer Protection in Eye Care Act in 2018, despite opposition at the time.
“We were met with a lot of pressure from outside companies and public concerns that we were thwarting technology,” Dr. Cecil recalls. “The KOA had to educate our legislative leaders about the concerns of patient safety, while also making sure that Kentuckians had appropriate access to technological advancements. Another very important piece at that time was educating the Kentucky attorney general, because that office was responsible for the enforcement of the Consumer Protection Law. As a result of these education efforts, the AG’s office was well-equipped to hold Warby Parker accountable for its violations.”
KOA: Warby Parker in violation of state law from get-go
Warby Parker’s online test debuted July 19, 2021, and just two days later, the KOA was asking the AG’s office to enforce the act.
“The company’s online exam did not meet the requirements we had worked hard to get in place in 2018,” Dr. Cecil says. “These requirements were included in our Consumer Protection law to protect patients who may use these types of online exams. The KOA immediately sent a formal request for enforcement by the attorney general.”
The law establishes safeguards and limitations on the use of automated or virtual equipment for assessing the eye and generating prescriptions for glasses and contact lenses.
In its letter to the AG, the KOA argued Warby Parker had failed to comply with requirements that:
- Patients get an in-person comprehensive eye health exam within the previous 24 months before they take an online vision assessment.
- Online assessments had not been reviewed by a Kentucky-licensed optometrist, ophthalmologist, osteopath or physician.
- Patients’ identification be verifiable.
- Specific disclosure statements to patients be completed before they take the online assessment.
- The standards of appropriate care be the same online as those in traditional in-person clinical settings.
The KOA received routine status updates that the AG was taking appropriate steps, so it was hopeful that Warby Parker would be held accountable.
“We have often heard that a law is only good if it can be enforced,” Dr. Cecil says. “This is a great reminder to us all that we need to push for strong, enforceable legislation on behalf of our patients. States should also recognize the importance of grassroots relationships with the parties responsible for enforcement, not just the elected leaders that pass the legislation.
“This result is evidence of how doctors of optometry can successfully advocate for our patients and our profession when we leverage our record of safety and expertise to educate policymakers and other elected officials,” she says.
Register for regional advocacy meetings
Share more in affiliate successes at the AOA’s State Government Relations Committee (SGRC) Regional Advocacy Meetings where advocates, affiliate leaders and volunteers meet to compare playbooks for statehouse advocacy strategies. Save the date for the 2024 SGRC Regional Advocacy Meetings:
- SGRC Regional Advocacy Meeting Eastern
9-10 | Charlotte, N.C.
- SGRC Regional Advocacy Meeting Central
13-14 | Dallas, TX
- SGRC Regional Advocacy Meeting Western
4-5 | Seattle, WA
Affiliate advocacy teams are encouraged to join any one of the three regional meetings. Visit the event pages above for more information about joining these highly interactive meetings.