[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5657 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5657

To provide for availability of contact lens prescriptions to patients, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2002

  Mr. Burr of North Carolina (for himself, Mr. Towns, Mr. Tauzin, Mr. 
    Dingell, Mr. Norwood, Mr. Waxman, and Mr. Stark) introduced the 
 following bill; which was referred to 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 provide the contact lens prescription or verify 
        the contact lens prescription to any person designated to act 
        on behalf of the patient.
    (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); and
            (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).

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 date of completion 
        of the contact lens fitting;
            (2) one year after the date of completion of the contact 
        lens fitting, if the law of the State involved has no specified 
        date or if such State law specifies a date that is less than 
        one year after the date of completion of the contact lens 
        fitting; 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 for which a prescription is required by law 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 or the accuracy of the contact lenses 
dispensed by another seller.

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. ACTIONS BY STATES.

    (a) In General.--
            (1) Civil actions.--In any case in which the attorney 
        general of a State has reason to believe that an interest of 
        the residents of that State has been or is threatened or 
        adversely affected by a violation of this Act, the State may 
        bring a civil action on behalf of the residents of the State in 
        a district court of the United States of appropriate 
        jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with this Act;
                    (C) obtain damage, restitution, or other 
                compensation on behalf of residents of the State; or
                    (D) obtain such other relief as the court may 
                consider to be appropriate.
            (2) Notice.--
                    (A) In general.-- Before filing an action under 
                paragraph (1), the attorney general of the State 
                involved shall provide to the Federal Trade 
                Commission--
                            (i) written notice of that action; and
                            (ii) a copy of the complaint for that 
                        action.
                    (B) Exemption.--Subparagraph (A) shall not apply 
                with respect to the filing of an action by an attorney 
                general of a State under this subsection, if the 
                attorney general determines that it is not feasible to 
                provide the notice described in that subparagraph 
                before filing of the action. In such case, the attorney 
                general of a State shall provide notice and a copy of 
                the complaint to the Commission at the same time as the 
                attorney general files the action.
    (b) Intervention.--
            (1) In general.--On receiving notice under subsection 
        (a)(2), the Commission shall have the right to intervene in the 
        action that is the subject of the notice.
            (2) Effect of intervention.--If the Commission intervenes 
        in an action under subsection (a), it shall have the right--
                    (A) to be heard with respect to any matter that 
                arises in that action; and
                    (B) to file a petition for appeal.
    (c) Construction.--For purposes of bringing any civil action under 
subsection (a), nothing in this section shall be construed to prevent 
an attorney general of a State from exercising the powers conferred on 
the attorney general by the laws of that State to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the production of 
        documentary and other evidence.
    (d) Actions by the Commission.--In any case in which an action is 
instituted by or on behalf of the Commission for a violation of this 
Act, no State may, during the pendency of that action, institute an 
action under subsection (a) against any defendant named in the 
complaint in that action.
    (e) Venue.--Any action brought under subsection (a) may be brought 
in the district court of the United States that meets applicable 
requirements relating to venue under section 1391 of title 28, United 
States Code.
    (f) Service of Process.--In an action brought under subsection (a), 
process may be served in any district in which the defendant--
            (1) is an inhabitant; or
            (2) may be found.

SEC. 8. 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. 9. EFFECT ON OTHER LAW.

    Except as provided in section 3, this Act does not affect any rule 
or requirement administered by the Food and Drug Administration, any 
State law that regulates the practice of medicine, persons authorized 
to fit contact lenses, or the requirements of any contact lens 
prescription.

SEC. 10. 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. 11. EFFECTIVE DATE.

    This Act shall take effect 30 days after the date of the enactment 
of this Act.
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