[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2221 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2221

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2003

Mr. Burr (for himself, Mr. Tauzin, Mr. Sensenbrenner, and Mr. Matheson) 
 introduced the following bill; which was referred to the 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, as directed by any person designated to act on 
        behalf of the patient, provide or verify the contact lens 
        prescription by electronic or other means.
    (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);
            (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); or
            (3) require the patient to sign a waiver or release as a 
        condition of verifying or releasing a prescription.

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 issue date of the 
        prescription;
            (2) not less than one year after the issue date of the 
        prescription if such State law specifies no date or a date that 
        is less than one year after the issue date of the prescription; 
        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 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.

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. 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. 8. 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. 9. EFFECTIVE DATE.

     This Act shall take effect 60 days after the date of the enactment 
of this Act.
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