[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2663 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2663
To require the Federal Trade Commission to amend the trade regulation
rule on ophthalmic practice to require the release of prescriptions for
contact lenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2001
Mr. Stark (for himself, Mr. Sensenbrenner, Mr. Waxman, Ms. Roybal-
Allard, Mr. Serrano, and Ms. Rivers) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to amend the trade regulation
rule on ophthalmic practice to require the release of prescriptions for
contact lenses, 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 ``Contact Lens Prescription Release
Act of 2001''.
SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES.
(a) Availability of Contact Lens Prescription Information.--No
later than 6 months after the date of enactment of this Act, the
Federal Trade Commission shall promulgate a rule on ophthalmic practice
under section 553 of title 5, United States Code, to require that a
prescriber shall, upon completion of the contact lens fitting process
for a patient--
(1) provide to the patient a copy of the prescriber's
prescription for contact lenses, regardless of whether or not
the patient requests such a copy; and
(2) upon request of the patient--
(A) provide a copy of such a prescription to the
patient or an agent of the patient; or
(B) promptly verify to an agent of the patient,
including by electronic means, the information
contained in such a prescription.
(b) Expiration of Prescription.--The amendment under subsection (a)
shall also provide that any contact lens prescription shall expire 2
years after the date it is issued, unless the prescriber specifies in
the prescription for a patient a different expiration date based on the
medical judgment of the prescriber with respect to the patient's ocular
health.
(c) Violations.--Any violation of a rule prescribed under
subsection (a) 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. 3. ADVERTISING AND SALES PRESENTATIONS REGARDING CONTACT LENSES.
(a) Content of Advertisements and Sales Presentations.--No later
than 6 months after the date of enactment of this Act, the Federal
Trade Commission shall promulgate a rule on ophthalmic practices under
section 553 of title 5, United States Code, to make it an unfair trade
practice for any industry member to publish, or cause to be published,
any advertisement or sales presentation relating to contact lenses that
represents, directly or by implication, that contact lenses may be
obtained without a valid prescription.
(b) Violations.--Any violation of a rule prescribed under this
section 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. 4. EFFECT ON STATE LAW.
This Act and the regulations issued under this Act shall not affect
any State law that--
(1) authorizes the release of prescriptions for contact
lenses only under terms that are not more restrictive than this
section;
(2) regulates who is authorized to fit contact lenses; or
(3) regulates advertisements or sales presentations
regarding contact lenses.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Completion of the contact lens fitting process.--The
term ``completion of the contact lens fitting process'' means
completion of the process that--
(A) begins after the initial eye examination;
(B) includes--
(i) an examination to determine what the
lens specifications should be;
(ii) except in the case of a renewal of a
prescription, an initial evaluation of the fit
of the lens on the patient's eye; and
(iii) followup examinations that are
medically necessary; and
(C) ends when--
(i) except in the case of a renewal of a
prescription, the prescriber is satisfied that
a successful fit has been achieved; or
(ii) in the case of a renewal of a
prescription, the prescriber determines that
there is no change in the prescription.
(2) Industry member.--The term ``industry member'' means a
person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses.
(3) Prescriber.--The term ``prescriber'' means an
ophthalmologist or optometrist who performs eye examinations
under a license issued by a State.
(4) Prescription.--The term ``prescription'' means the
specifications necessary for a patient to obtain contact
lenses, that include--
(A) data on the refractive status of patient's
eyes; and
(B) a clear notation that the patient is suitable
for contact lenses.
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