110 HR 2012 IH: Contact Lens Consumer Health U.S. House of Representatives 2007-04-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2012 IN THE HOUSE OF REPRESENTATIVES April 24, 2007 Mr. Ross (for himself, Mr. Whitfield, Mr. Boozman, Mr. Hall of Texas, Mrs. Drake, and Mr. Allen) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Fairness to Contact Lens Consumers Act to require contact lens sellers to provide a toll-free telephone number and a dedicated email address for the purpose of receiving communications from prescribers.

1.

Short title

This Act may be cited as the Contact Lens Consumer Health Protection Act.

2.

Improved communications between sellers and prescribers

Section 4 of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7603) is amended— (1)in subsection (c), by adding at the end the following: (7)A toll-free telephone number and email address for prescribers to call or email with questions relating to a verification request, as required under subsection (i). ; (2)in subsection (d)(3), by adding at the end the following: If a prescriber communicates a question or concern to a seller through the toll-free telephone service or dedicated email address required under subsection (i) before such 8-hour period has ended, the seller must obtain affirmative confirmation of the accuracy of the prescription from the prescriber before the prescription is considered verified.; (3)by redesignating subsection (e) through (g) as subsections (f) through (h), respectively; (4)by adding after subsection (d) the following: (e)

Prescriber preferred method of communication

A prescriber may provide written notification to a seller requesting that all requests for verification from that seller be communicated to that prescriber by that prescriber’s preferred method of communication. Such preferred method of communication may be by telephone, facsimile, or email, or by either of any 2 of those means of communication. ; and (5)by inserting after subsection (h) (as so redesignated), the following: (i)

Telephone service and dedicated email address

A seller of contact lenses who requests verification of any contact lens prescription shall provide a toll-free telephone service operable during regular business hours and a dedicated email address for the sole purpose of responding to prescribers’ questions and concerns regarding verification requests. Such toll-free telephone service shall maintain a sufficient number of working telephone lines to enable ready access by prescribers to the service. .

3.

Prohibition on overfilling contact lens prescriptions

The Fairness to Contact Lens Consumers Act (15 U.S.C. 7601 et seq.) is further amended— (1)by redesignating section 8 through 12 as sections 9 through 13, respectively; (2)in section 10(a) (as so redesignated), by striking section 8 and inserting section 9; and (3)by inserting after section 7 the following new section:

8.

Prohibition on overfilling contact lens prescriptions

No contact lens prescription shall be overfilled by any seller of contact lenses.  A seller who provides more lenses than the prescription specifies, or who provides more lenses than the number of lenses required to fill a prescription for the period beginning on the date the prescription is filled through its expiration date, shall be deemed to have overfilled the prescription.

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4.

Expanded penalties

Section 10(b) of the Fairness to Contact Lens Consumers Act (15 U.S.C. 7608(b)) (as redesignated by section 3) is amended by striking the period at the end and inserting , except that fines imposed for a violation of section 4 of this Act may be in an amount up to $100,000 per violation.