I
110th CONGRESS
1st Session
H. R. 2012
IN THE HOUSE OF REPRESENTATIVES
April 24, 2007
Mr. Ross (for himself, Mr. Whitfield, Mr. Boozman, Mr. Hall of Texas, Mrs. Drake, and Mr. Allen) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Fairness to Contact Lens Consumers Act to require contact lens sellers to provide a toll-free telephone number and a dedicated email address for the purpose of receiving communications from prescribers.
Short title
This Act may be cited as the
Contact Lens Consumer Health
Protection Act
.
Improved communications between sellers and prescribers
Section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended—
in subsection (c), by adding at the end the following:
A toll-free telephone number and email address for prescribers to call or email with questions relating to a verification request, as required under subsection (i).
;
in subsection
(d)(3), by adding at the end the following: If a prescriber communicates
a question or concern to a seller through the toll-free telephone service or
dedicated email address required under subsection (i) before such 8-hour period
has ended, the seller must obtain affirmative confirmation of the accuracy of
the prescription from the prescriber before the prescription is considered
verified.
;
by redesignating subsection (e) through (g) as subsections (f) through (h), respectively;
by adding after subsection (d) the following:
Prescriber preferred method of communication
A prescriber may provide written notification to a seller requesting that all requests for verification from that seller be communicated to that prescriber by that prescriber’s preferred method of communication. Such preferred method of communication may be by telephone, facsimile, or email, or by either of any 2 of those means of communication.
; and
by inserting after subsection (h) (as so redesignated), the following:
Telephone service and dedicated email address
A seller of contact lenses who requests verification of any contact lens prescription shall provide a toll-free telephone service operable during regular business hours and a dedicated email address for the sole purpose of responding to prescribers’ questions and concerns regarding verification requests. Such toll-free telephone service shall maintain a sufficient number of working telephone lines to enable ready access by prescribers to the service.
.
Prohibition on overfilling contact lens prescriptions
The Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.) is further amended—
by redesignating section 8 through 12 as sections 9 through 13, respectively;
in section 10(a)
(as so redesignated), by striking section 8
and inserting
section 9
; and
by inserting after section 7 the following new section:
Prohibition on overfilling contact lens prescriptions
No contact lens prescription shall be overfilled by any seller of contact lenses. A seller who provides more lenses than the prescription specifies, or who provides more lenses than the number of lenses required to fill a prescription for the period beginning on the date the prescription is filled through its expiration date, shall be deemed to have overfilled the prescription.
.
Expanded penalties
Section 10(b) of the
Fairness to Contact Lens Consumers Act (15 U.S.C. 7608(b)) (as redesignated by
section 3) is amended by striking the period at the end and inserting ,
except that fines imposed for a violation of section 4 of this Act may be in an
amount up to $100,000 per violation.