Opternative challenges online vision services law in S.C.

Opternative and the Institute for Justice filed a constitutional challenge to a law recently passed in South Carolina that mandates that remote vision screening be held to the same standard of care expected from an eye care physician.

Opternative is “standing up for innovation and medical autonomy” and “standing against economic protectionism,” the company said in a press release on its website.

Aaron Dallek, Opternative CEO and co-founder, said in the release, “We’re suing the state of South Carolina to protect patients’ right to accessible and affordable eye care services. Doctors should be able to use Opternative’s innovative telehealth technology to help patients in South Carolina see clearly.”

South Carolina S1016, which was passed after the governor’s veto was overridden by the legislature, specifies that “a prescription for spectacles or contact lenses may not be based solely on the refractive eye error of the human eye or be generated by a kiosk,” and “must take into consideration medical findings and refractive error discovered during the eye examination.”

In her veto, Gov. Nikki Haley wrote, “I am vetoing this bill because it uses health practice mandates to stifle competition for the benefit of a single industry, effectively banning eye care kiosks statewide ... If allowed to become law, South Carolina would become the eighth state to impose such a ban, putting us on the leading edge of protectionism, not innovation.”

The American Optometric Association continues to challenge apps such as Opternative that produce eyeglass and contact lens prescriptions with no examination of the patient by an eye care professional, according to a statement the AOA provided to Primary Care Optometry News.

“Safeguarding patients against companies that tout convenience through ambiguous and sometimes inaccurate claims remains an issue of paramount importance to the AOA and affiliates,” according to the statement.

The AOA continues to support the South Carolina patient protection law, which was designed to protect patients from “ineffective and unproven” online vision services, according to the press release.

The AOA previously filed a complaint with the FDA to take legal action against the online vision test being marketed by Opternative without the type of testing and pre-market approvals frequently required of new medical device technology, according to the release.