Q&A: Kentucky Optometric Association aids state investigation of Warby Parker
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After concerns were raised by the Kentucky Optometric Association, the state attorney general on May 10 announced a settlement with Warby Parker for violating Kentucky’s Consumer Protection in Eye Care Act with its online vision test.
According to a government-issued press release, 69 Kentucky residents were “improperly given” Warby Parker’s virtual vision test from July to October 2021. The retailer cooperated with the investigation and took the test offline. It will be fined $138,000, which may be reduced to $55,200 if the company has no further violations for 5 years.
“This success reaffirms to our doctors that the efforts to educate leaders about safety concerns with online exams do actually work,” Leslie W. Cecil, OD, Kentucky Optometric Association (KOA) president, told Healio.
Healio spoke with Cecil about Kentucky’s consumer protection laws and how the state’s optometrists demonstrated that advocating for patient safety can inspire political action.
Healio: What is Kentucky’s Consumer Protection in Eye Care Act and why is it important?
Cecil: Kentucky’s Consumer Protection in Eye Care Act establishes the safety standards and requirements for glasses and contact lenses. It also addresses online technologies for eye care, such as those web applications that provide prescriptions for contact lenses or glasses. These technologies can be utilized, but there are safeguards established for the appropriate use. The act protects the eye health of Kentuckians and holds companies accountable that do not meet certain safety standards.
Healio: Why was KOA concerned about Warby Parker’s online vision test?
Cecil: There are concerns that patients believe these online exams can take the place of in-person care, and the online vision test did not meet our state’s requirements. Each requirement of our state law relating to online or mobile vision tests exists to protect consumers. There were several requirements that were not met with Warby Parker’s test, although Warby Parker was involved when these requirements were passed by Kentucky in 2018.
Healio: In what ways did Warby Parker’s test violate the Consumer Protection in Eye Care Act?
Cecil: There are five safety requirements in Kentucky law that Warby Parker’s online test does not meet:
- Kentucky’s law requires an in-person comprehensive eye health examination within the previous 24 months before an online vision assessment — Warby Parker’s virtual vision test only requires an in-person comprehensive exam within the previous 5 years;
- Kentucky’s law requires that the online vision assessment be reviewed by a Kentucky-licensed optometrist, osteopath or physician — no such licensing standard is in place with the virtual vision test;
- Kentucky’s law requires that the patient identity be capable of verification by the Kentucky-licensed optometrist, osteopath or physician — no verification of patient identity exists beyond the creation of an account with the virtual vision test app;
- Kentucky’s law requires specific disclosure statements to patients before an online vision assessment is utilized, statements that provide safety information to patients about the importance of in-person eye exams and qualifications for the online assessment — the virtual vision test does not include these specific disclosures; and
- Kentucky’s law requires that the evaluation, treatment and consultation recommendations by a Kentucky-licensed optometrist, osteopath or physician utilizing an online assessment tool shall be held to the same standard of appropriate care as those in traditional in-person settings — the virtual vision test does not include such requirement for its providers, nor does it attempt to comply with any standard of appropriate care.
Healio: Describe KOA’s relationship with the Kentucky attorney general throughout this process.
Cecil: The KOA has worked hard to educate the attorney general on patient safety concerns with online technologies. When the KOA passed updates to the act in 2018, the attorney general was supportive of the protections and recognized their importance. The KOA continued to educate the attorney general and keep the office informed of consumer protection concerns. After the KOA requested an investigation of Warby Parker’s online test in 2021, the KOA received routine status updates indicating that the attorney general was taking appropriate steps.
Healio: What should optometrists across the country take away from KOA’s success?
Cecil: This serves as 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. It’s also incredibly important to realize that these changes do not happen overnight — this was the result of advocating on behalf of patient safety for many, many years.
Healio: Is there anything else you’d like to add?
Cecil: 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.
Reference:
- Attorney general Coleman protects Kentuckians’ eye health. https://www.kentucky.gov/Pages/Activity-stream.aspx?n=AttorneyGeneral&prId=1567. Published May 10, 2024. Accessed May 24, 2024.
For more information:
Leslie W. Cecil, OD, is president of the Kentucky Optometric Association and practices at Cecil Family Eyecare in Bardstown, Kentucky. The KOA can be reached at (502)875-3516.
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