The South Carolina Supreme Court upheld a state law that bans online vision tests to obtain eyeglasses or contact lens prescriptions. The unanimous ruling closed a nearly decade-long legal challenge from Visibly, a Chicago-based telehealth company.
The litigation stemmed from the 2016 Eye Care Consumer Protection Law, which requires patients to undergo in-person care for corrective lens prescriptions. The state’s highest court found that the law, which was backed by the South Carolina Optometric Physicians Association, does not violate the state’s constitution.
Differing Opinions Among ECPs
Supporters of the law argued the requirement for in-person visits ensures a comprehensive standard of care and protects patient health. Citing testimony from two eye care professionals, Justice John Few stated that comprehensive, in-office eye exams to renew a prescription allow doctors to detect eye diseases and evaluate the eye for conditions such as irritation caused by contact lenses.
While optometrists petitioned against these virtual tests, state ophthalmologists did not share the same concern. Kurt Heitman, MD, a member of the South Carolina Society of Ophthalmology executive committee, argued that young, healthy patients do not need to come into the office every year for eyeglasses. “If the technology is accurate, it’s actually beneficial because it’s less expensive and increases access to care.”
The Virtual Test Process
Visibly (formerly known as Opternative) requires a patient to stand 10 feet from a computer screen and verbally answer questions posed by a vision test. The recorded test is then sent to a licensed optometrist or ophthalmologist for review. The technology received FDA clearance in 2022 and is used in 35 states. In addition, the Visibly Digital Acuity Product has received CE Mark Approval in the European Union.
In a recent press release, Visibly CEO Brent Rasmussen said, “These certifications are proof of the consistency and efficacy of Visibly’s online visual acuity test design and delivery processes. We are excited about the opportunities ahead and remain committed to increasing access to vision care solutions.”