[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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