Fairness to Contact Lens Consumers Act

Mr. Speaker, I extend my thanks as well to the gentleman from North Carolina for his enterprise and efforts in seeing this bill brought to the floor, and to thank the gentlewoman from Illinois (Ms. Schakowsky) for her work, as well as the people who have been mentioned, the gentleman from New York (Mr. Towns), the gentleman from Michigan (Mr. Dingell), the gentleman from Louisiana (Mr. Tauzin), the gentleman from California (Mr. Waxman), and others who have been concerned about it.

I think that I have today to give credit where credit is due. This bill should really be referred to as the Deborah Stark bill. Now, who is Deborah Stark? She happens to be the mother of my children and my long- suffering wife. And this bill has its genesis right down the road on Pennsylvania Avenue where she went one day, when we still lived in California full time, to have her eyes examined because her contact lenses were giving her problems and, hopefully, to get a new prescription and send it out to California to have it filled, so she would have her new contact lenses when she arrived home in California.

So she went to this physician down the road. And as she was about to leave, having then paid the bill, she was told that she could not have a copy of the prescription. She was, not surprisingly, incredulous. I was not only incredulous, I was mildly upset, and that led to this day.

So we do not sit back here, as many people think, as Members of Congress, and just dream up ways to make life complicated for ophthalmologists and optometrists. We respond, generally not to constituents quite so close to home, but we respond to the problems that people in this country have, and it takes us often a long time, in this case almost 10 years. But when we get there, we do a good job, as we see with the many people who have worked to do this.

I would like to add that Consumers Union was one of the early supporters of this bill and helped us to work it through. It is the law in California already, and I am sure that the other 30 million people who do not reside in California who wear contact lenses, I am too cowardly to stick my finger in my eye, so I do not, but many people will be pleased, and it will be of great convenience to them. I am one who happens to believe in free enterprise, and I think it is going to create some competition in the world and perhaps make lives better for everyone concerned in this.

So, again, my thanks to those people who worked so hard. It is a good bill. The consumers will benefit. The advocates for all the providers involved have worked with us to support it, and I urge its adoption.

I'm pleased to join with my colleagues on both sides of the aisle in support of the Fairness to Contact Lens Consumers Act and urge every Member of Congress to join us in voting for this important consumer protection legislation.

This bill requires eye care professionals to provide their patients with a copy of their contact lens prescription so the patient can choose to purchase their contact lenses from that professional or seek an alternative provider. The bill also enforces a verification system for prescriptions that puts the onus on eye doctors to quickly verify their patients' contact lens prescriptions. This makes real the option for consumers to purchase their contact lenses through third parties-- such as online venders--which are often more affordable and convenient for consumers. This is a law my home State of California has already enacted and one that consumers deserve to have in all parts of our country.

This might not be a high profile issue, but it is important to the 36 million of contact lens wearers around the country. Eyeglass wearers have enjoyed unobstructed access to their eyeglass prescriptions since the Federal Trade Commission issued regulations in 1978 requiring their automatic release. Yet, 25 years later, similar action has yet to be taken for contact lens wearers. If this bill is enacted, we will finally have brought contact lens consumer protections up-to-date.

I got involved in this issue more than a decade ago when my wife asked her eye care provider in D.C. for her contact lens prescription so she would have it if she needed it while we were in California. To her--and my--astonishment, the provider refused to give her the prescription saying that the law did not require him to do so. We checked it out and he was correct. I've been working to fix this problem ever since.

The simple fact is that contact lenses are fast replacing eyeglasses as the corrective vision instrument of choice for consumers. Despite this trend, many States allow prescribing eye care professionals to refuse to release contact lens prescriptions to their patients. Eye doctors cite health concerns, but the fact is that they have a strong financial incentive to restrict consumer access to the contact lens market. Without their contact lens prescription in hand, consumers are forced to purchase

their lenses from their prescribing eye doctor--who obviously profits from each and every sale.

Over the years, I've introduced several bills to require the release of contact lens prescriptions. For the last several years, Representatives Burr, Dingell, Tauzin, Waxman, Schakowsky and I have been working together to fashion a bipartisan bill that can garner the support of a broad coalition to ensure its passage.

That day is here. I started out this effort with the support of Consumers Union and I'm pleased they have endorsed this version of the legislation as well. I'm also pleased that the American Optometric Association has been willing to come to the negotiating table and has also endorsed this final version of our legislation.

That tells you this is a good bill--we've got consumers and optometrists--the largest providers of contact lenses--agreeing that this day has come. It is time to update our consumer protection laws to ensure that contact lens wearers have the right to safely purchase their lenses from the provider that best meets their needs. Join us in support of H.R. 3140 to give consumers that right.

Mr. Speaker, I yield myself 5 minutes.

I rise in strong support and as an original cosponsor of H.R. 3140, the Fairness to Contact Lens Consumers Act. I am pleased that the House is taking action on this important measure before the end of the legislative session.

This is an important consumer rights issue. Thirty-six million Americans use contact lenses, and Congress must address the regulatory issues that impact the rights of those consumers and their ability to purchase contact lenses from their preferred vendors. We have a duty to make sure that consumers' interests are being met; that they have access to affordable and safe contact lenses; and that uniform standards regulate this process nationwide.

Several of my colleagues have spent a great deal of time studying the subject, including, of course, the gentleman from North Carolina (Mr. Burr), the gentleman from Michigan (Mr. Dingell), the gentleman from New York (Mr. Towns), the gentleman from California (Mr. Waxman), and the gentleman from California (Mr. Stark); and I want to commend and thank them for their leadership.

As a contact lens user myself, I am glad to have the opportunity to take part in the debate and passage of this legislation and appreciate the opportunity to work with those who have crafted this legislation, as well as the distinguished chairman of the Subcommittee on Commerce, Trade and Consumer Protection, the gentleman from Florida (Mr. Stearns). We appreciate the support also of the American Optometric Association for supporting this proconsumer legislation.

This bill will change current law to provide what we all agree to be needed changes, so that consumers are explicitly entitled to a copy of their contact lens prescription from their doctor. That way, they will have the freedom to shop around to get the best deal possible for filling their contact lens needs.

There have been reports of eye care providers unnecessarily preventing or delaying consumer access to their own prescriptions. There is some suggestion patients may not even know they are entitled to ask for their prescription. Clearly, we need to address those problems, and the legislation we are discussing today includes strong language guaranteeing those rights.

The bill requires eye doctors and optometrists to provide parents with a copy of their contact lens prescription, regardless of whether or not the patient asks for a copy. Under this measure, eye doctors and other prescribers are prohibited from requiring that consumers buy contact lenses from them as a condition of performing an eye exam or providing the prescription.

While consumers have a right to shop for the best deal when purchasing contact lenses, Congress, doctors, and industry all have a duty and an interest in making sure that patient safety is not compromised in the process. The Food and Drug Administration mandates that contact lens sales require a valid prescription from an eye care professional. With the increasing prevalence of mail order contact lens providers, whether through the Internet or 1-800 numbers, I believe it is important we give consumers expanded access while adhering to the FDA requirements.

In the interest of fairness to consumers and doctors, this legislation establishes clear uniform rules that will guarantee fairness and safety to contact lens consumers in every State, regardless of existing laws.

The bill creates a verification system that will ensure prompt filling of contact lens prescriptions. Under the legislation, when consumers place orders with third-party contact lens vendors, those vendors must verify the prescription with their doctors. Their doctors will then have 8 hours to respond. If they do not, the prescription will be deemed valid by the vendor and the order filled. These safeguards, coupled with time requirements, will ensure prompt and safe access to contact lenses at affordable prices for consumers.

This legislation requires the FTC to issue rules implementing the bill's requirements and empowers the FTC to enforce these rules. The new rules will become effective within 60 days of enactment.

I want to again commend those who worked to bring this proconsumer legislation to the floor, and I urge all of my colleagues to support it.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Towns), the lead Democratic cosponsor of the bill.

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Stark), who worked hard on this legislation and over a long period of time.

(Mr. STARK asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield 3 minutes to the gentleman from Utah (Mr. Matheson).

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3140) to provide for availability of contact lens prescriptions to patients, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may

have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. Speaker, I yield myself as much time as I may consume.

Mr. Speaker, today is a great day for the 36 million contact lens wearers across the United States. Today, Republicans and Democrats have come together to help contact lens wearers by improving their access to the competitive contact lens marketplace in granting them the right to their contact lens prescriptions.

People who wear glasses may not recognize the importance of this legislation because, unlike contact lens wearers, they have had these rights since 1978. Now, 25 years later, contact lens wearers have the same rights to their prescriptions, without having to ask for them, and the ability to buy their lenses from any seller, be it an eye doctor, a discount club, or an Internet company.

I appreciate the support of the American Optometric Association, especially my optometrist in Winston Salem, North Carolina, Dr. Burke, who read through these drafts. He helped us as we put the bill together. He improved the legislation and put us where we are today.

Not only is this bill great for contact lens wearers, but it is, in my opinion, also good for eye doctors. I want them to listen. For the first time in Federal legislation, patients are told they must go back regularly to their eye doctors and get their contact lens prescriptions renewed. If patients try to buy contact lenses with expired prescriptions, sellers by law cannot fill their orders. This is a big deal, Mr. Speaker; and I am sure most physicians across this country would love Congress to pass legislation that required patients to come back to them on a regular basis. We do that in this legislation.

Additionally, H.R. 3140 will make it very hard for unlawful contact lens sellers to even stay in business. Right now, many contact lens sellers do not ask for physicians' contact information because the sellers have no intention of verifying the prescriptions. Multiple provisions in this bill will make this behavior illegal. Contact lens sellers will now be required to get all pertinent information from patients and call eye doctors' offices to verify that information. With the FTC enforcing this law, eye doctors should be assured that they will only have to do business with honest contact lens sellers.

Mr. Speaker, I want to thank the gentleman from California (Mr. Stark) and the gentleman from Wisconsin (Mr. Sensenbrenner) for first introducing this legislation 8 years ago during the 104th Congress. They were the initial leaders on this issue, and I appreciate their efforts and the subsequent support on this legislation. I also want to thank the dean of our House, the gentleman from Michigan (Mr. Dingell), and his staff for the excellent help in drafting this compromise piece of legislation that benefits all parties involved in the contact lens marketplace.

Finally, I want to thank the gentleman from Florida (Mr. Stearns) and the gentleman from Louisiana (Mr. Tauzin), the full committee chairman, and their staffs who shepherded this bill through the Committee on Energy and Commerce in record time.

Mr. Speaker, I urge my colleagues to support this.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from Florida (Mr. Stearns), the subcommittee chairman.

Mr. Speaker, I yield myself such time as I may consume to once again reiterate that this is a tremendous bipartisan effort that, as the gentleman from California (Mr. Stark) said, is well overdue, but this legislation is ripe today. I urge my colleagues to support it unanimously.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I rise today in support of H.R. 3140, ``The Fairness to Contact Lens Consumers Act of 2003,'' which provides contact lens wearers with important new rights. This bill ensures that unscrupulous eye doctors will no longer be able hold consumers' contact lens prescriptions hostage, forcing them to purchase lenses solely from their doctor's office. In addition, this legislation will make shopping for lenses simpler and cheaper.

Currently, eye doctors are only required to give patients their prescriptions for eyeglasses. Eyeglass wearers have had this right since 1978, when the Federal Trade Commission issued a regulation granting eyeglass wearers the right to automatically receive a copy of their prescription following an exam. Contact lenses were understandably not included in this regulation because, at the time, most contacts were hard lenses, which were custom-made to fit each patient. Today, most contact lenses are mass produced, soft lenses that do not require manipulation by eye doctors. As a result of this improvement, today's contact lens wearers should have the same right as eyeglass wearers to obtain their prescription, at no additional charge. That is why I am proud to be an original cosponsor of the Fairness to Contact Lens Consumers Act.

Approximately 36 million Americans wear contact lenses. Each year, these Americans spend an estimated $3.5 billion on contact lenses. Providing consumers with an automatic right to their prescriptions will allow them to shop around for contact lenses based on price, service, and convenience. It is estimated that H.R. 3140 could save consumers approximately $350 million annually, thanks in large part to increased competition. Competition among contact lens companies will result in lower prices, a greater choice of lens providers, and more convenient ways to fill contact lens prescriptions.

H.R. 3140 is bipartisan legislation supported by both optometrists and retailers. I have been working on this issue for a number of years, and am pleased to ``see'' it pass the House in a bipartisan manner. I encourage the Senate to take up this bill and help contact lens wearers receive this right.

Mr. Speaker, I thank our distinguished colleague for yielding me this time, and thank him, of course, for H.R. 3140, the Fairness to Contact Lens Consumers Act.

As has already been pointed out, about 36 million Americans wear contact lenses, but those millions of Americans do not have a right to a copy of

their contact lens prescription. I think a lot of us did not realize that. This bill changes all of that, so doctors are required now to provide patients with a copy of their prescriptions whether they ask for it or not. So now it is their property, and they can use it as they wish.

Of course, with that prescription, the consumer now has an opportunity to be empowered so that the issue of competition is heightened in the contact lens market. Because unlike doctors who are prevented from filling drug prescriptions, eye doctors and optometrists are able to fill contact lens prescriptions. This sets up a conflict- of-interest situation, where third-party sellers are actually competing for the sale of lenses with the individual writing the prescription. That will all change under this bill.

So this bill requires doctors and optometrists to verify prescriptions with third-party sellers. If the doctor refuses, for example, to verify this prescription, then the verification is presumed. What this means is the consumer will no longer be caught between the doctor and the seller in a competitive tug-of-war where the consumer is always the loser. This bill gives power to consumers over their buying decisions and allows the consumer to make his choice.

I think it has been pointed out that the bill has also received the endorsement of the American Optometric Association and has received strong bipartisan support in the Committee on Energy and Commerce. It came out of the Subcommittee on Commerce, Trade, and Consumer Protection, which I chair, and it is a good piece of legislation. I support it and I commend the author.