[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3140 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3140
To provide for availability of contact lens prescriptions to patients,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2003
Mr. Burr (for himself, Mr. Towns, Mr. Tauzin, Mr. Dingell, Mr. Waxman,
Mr. Stark, Ms. Schakowsky, Mr. Matheson, Mr. Rogers of Michigan, Mr.
Bishop of Utah, Mr. Sensenbrenner, and Mr. Gibbons) 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.--When a prescriber completes a contact lens
fitting, the 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 under subsection (a)(1) or (a)(2) or verification
of a prescription under subsection (a)(2);
(2) require payment in addition to, or as part of, the fee
for an eye examination, fitting, and evaluation as a condition
of providing a copy of a prescription under subsection (a)(1)
or (a)(2) or verification of a prescription under subsection
(a)(2); or
(3) require the patient to sign a waiver or release as a
condition of verifying or releasing a prescription.
SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIRCUMSTANCES.
A prescriber may require payment of fees for an eye examination,
fitting, and evaluation before the release of a contact lens
prescription, but only if the prescriber requires immediate payment in
the case of an examination that reveals no requirement for ophthalmic
goods. For purposes of the preceding sentence, presentation of proof of
insurance coverage for that service shall be deemed to be a payment.
SEC. 4. PRESCRIBER VERIFICATION.
(a) Prescription Requirement.--A seller may sell contact lenses
only in accordance with a prescription for the patient that is verified
by direct communication.
(b) Record Requirement.--A seller shall maintain a record of all
direct communications referred to in subsection (a).
(c) Information.--When seeking verification of a contact lens
prescription, a seller shall provide the prescriber with the following
information:
(1) Patient's full name and address.
(2) Contact lens power, manufacturer, base curve or
appropriate designation, and diameter when appropriate.
(3) Quantity of lenses ordered.
(4) Date of patient request.
(5) Date and time of verification request.
(6) Name of contact person at seller's company, including
facsimile and telephone number.
(d) Verification Events.--A prescription is verified under this Act
only if one of the following occurs:
(1) The prescriber confirms the prescription is accurate by
direct communication with the seller.
(2) The prescriber informs the seller that the prescription
is inaccurate and provides the accurate prescription.
(3) The prescriber fails to communicate with the seller
within 8 business hours, or a similar time as defined by the
Federal Trade Commission, after the seller achieves direct
communication.
(e) Invalid Prescription.--If a prescriber informs a seller before
the deadline under subsection (d)(3) that the contact lens prescription
is invalid, the seller shall not fill the prescription. The prescriber
shall specify the basis for the invalidity of the prescription. If the
prescription communicated by the seller to the prescriber is incorrect,
the prescriber shall correct it.
(f) No Alteration.--A seller may not alter a contact lens
prescription. Notwithstanding the preceding sentence, if the same
contact lens is manufactured by the same company and sold under
multiple labels to individual providers, the seller may fill the
prescription with a contact lens manufactured by that company under
another label.
(g) Direct Communication.--As used in this section, the term
``direct communication'' includes successful communication by
telephone, facsimile, or electronic mail.
SEC. 5. EXPIRATION OF CONTACT LENS PRESCRIPTIONS.
(a) In General.--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.
(b) Special Rules for Prescriptions of Less Than 1 Year.--If a
prescription expires in less than 1 year, the reasons for the judgment
referred to in subsection (a)(3) shall be documented in the patient's
medical record. In no circumstance shall the prescription
expiration date be less than the period of time recommended by the
prescriber for a reexamination of the patient that is medically
necessary.
(c) Definition.--As used in this section, the term ``issue date''
means the date on which the patient receives a copy of the
prescription.
SEC. 6. 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. 7. 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. The preceding sentence does not impose
liability on a prescriber for the ophthalmic goods and services
dispensed by another seller pursuant to the prescriber's correctly
verified prescription.
SEC. 8. RULEMAKING BY FEDERAL TRADE COMMISSION.
The Federal Trade Commission shall prescribe rules to carry out
this Act. Rules so prescribed shall be exempt from the requirements of
the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (15
U.S.C. 2301 et seq.). Any such regulations shall be issued in
accordance with section 553 of title 5, United States Code. The first
rules under this section shall take effect not later than 180 days
after the effective date of this Act.
SEC. 9. VIOLATIONS.
(a) In General.--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.
(b) Actions by the Commission.--The Federal Trade Commission shall
enforce this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
SEC. 10. 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) Incidence of exclusive relationships between
prescribers or sellers and contact lens manufacturers and the
impact of such relationships on competition.
(2) Difference between online and offline sellers of
contact lenses, including price, access, and availability.
(3) 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.
(4) The impact of the Federal Trade Commission eyeglasses
rule (16 C.F.R. 456 et seq.) on competition, the nature of the
enforcement of the rule, and how such enforcement has impacted
competition.
(5) Any other issue that has an impact on competition in
the sale of prescription contact lenses.
(b) Report.--Not later than 12 months after the effective date 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. 11. 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 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 follow up 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 sufficient information for
the complete and accurate filling of a prescription, including
the following:
(A) Name of the patient.
(B) Date of examination.
(C) Issue date and expiration date of prescription.
(D) Name, postal address, telephone number, and
facsimile telephone number of prescriber.
(E) Power, material or manufacturer or both.
(F) Base curve or appropriate designation.
(G) Diameter, when appropriate.
(H) In the case of a private label contact lens,
name of manufacturer, trade name of private label
brand, and, if applicable, trade name of equivalent
brand name.
SEC. 12. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act.
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