[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2221 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2221
To provide for availability of contact lens prescriptions to patients,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2003
Mr. Burr (for himself, Mr. Tauzin, Mr. Sensenbrenner, and Mr. Matheson)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To provide for availability of contact lens prescriptions to patients,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Contact Lens Consumers
Act''.
SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS.
(a) In General.--Upon completion of a contact lens fitting, a
prescriber--
(1) whether or not requested by the patient, shall provide
to the patient a copy of the contact lens prescription; and
(2) shall, as directed by any person designated to act on
behalf of the patient, provide or verify the contact lens
prescription by electronic or other means.
(b) Limitations.--A prescriber may not--
(1) require purchase of contact lenses from the prescriber
or from another person as a condition of providing a copy of a
prescription or verification of a prescription under subsection
(a);
(2) require payment in addition to the examination fee as a
condition of providing a copy of a prescription or verification
of a prescription under subsection (a); or
(3) require the patient to sign a waiver or release as a
condition of verifying or releasing a prescription.
SEC. 3. EXPIRATION OF CONTACT LENS PRESCRIPTIONS.
A contact lens prescription shall expire--
(1) on the date specified by the law of the State involved,
if that date is one year or more after the issue date of the
prescription;
(2) not less than one year after the issue date of the
prescription if such State law specifies no date or a date that
is less than one year after the issue date of the prescription;
or
(3) notwithstanding paragraphs (1) and (2), on the date
specified by the prescriber, if that date is based on the
medical judgment of the prescriber with respect to the ocular
health of the patient.
SEC. 4. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS.
Any person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses may not
represent, by advertisement, sales presentation, or otherwise, that
contact lenses may be obtained without a prescription.
SEC. 5. PROHIBITION OF CERTAIN WAIVERS.
A prescriber may not place on the prescription, or require the
patient to sign, or deliver to the patient a form or notice waiving or
disclaiming the liability or responsibility of the prescriber for the
accuracy of the eye examination.
SEC. 6. VIOLATIONS.
Any violation of this Act shall be treated as a violation of a
rule under section 18 of the Federal Trade Commission Act (15 U.S.C.
57a) regarding unfair or deceptive acts or practices.
SEC. 7. STUDY AND REPORT.
(a) Study.--The Federal Trade Commission shall undertake a study to
examine the strength of competition in the sale of prescription contact
lenses. The study shall include an examination of the following issues:
(1) The States that have laws that require active or
passive verification for the sale of contact lenses.
(2) With respect to the States that require active
verification, the practices of prescribers in complying with
State law, the effect of noncompliance, and the harm to
competition and consumers that results from noncompliance.
(3) With respect to the States that require active
verification, the level of enforcement and any problems
relating to enforcement.
(4) The impact on competition of verification standards
adopted by retail sellers of prescription contact lenses.
(5) With respect to States that require passive
verification or have no applicable verification laws, the
possible effect of such laws or lack thereof on the ocular
health of patients. In addition, the effect of such laws or
lack thereof on compliance by sellers in confirming valid
contact lens prescriptions, including expiration dates. The
Commission shall consult the Food and Drug Administration on
this particular issue.
(6) The incidence, if any, of contact lens prescriptions
that specify brand name or custom labeled contact lenses, the
reasons for the incidence, and the effect on consumers and
competition.
(7) Any other issue that has an impact on competition in
the sale of prescription contact lenses.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Chairman of the Federal Trade Commission
shall submit to the Congress a report of the study required by
subsection (a).
SEC. 8. DEFINITIONS.
As used in this Act:
(1) Contact lens fitting.--The term ``contact lens
fitting'' means the process that begins after the initial eye
examination and ends when the prescriber is satisfied that a
successful fit has been achieved or, in the case of a renewal
prescription, ends when the prescriber determines that no
change in prescription is required, and such term may include--
(A) an examination to determine lens
specifications;
(B) except in the case of a renewal of a
prescription, an initial evaluation of the fit of the
lens on the eye; and
(C) medically necessary followup examinations.
(2) Prescriber.--The term ``prescriber'' means, with
respect to contact lens prescriptions, an ophthalmologist,
optometrist, or other person permitted under State law to issue
prescriptions for contact lenses in compliance with any
applicable requirements established by the Food and Drug
Administration.
(3) Contact lens prescription.--The term ``contact lens
prescription'' means a prescription, issued in accordance with
State and Federal law, that contains the specifications
necessary for a patient to obtain contact lenses and may
include such items as the following:
(A) The name of the patient.
(B) The date of the examination.
(C) The issue date and the expiration date of the
prescription.
(D) A clear notation contact lenses are suitable
for the patient.
(E) The parameters and instructions that are
necessary for manufacture and duplication of the
lenses.
(F) The name, postal address, telephone number, and
facsimile telephone number of the prescriber.
(G) The expiration date of the prescription.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act.
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