[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
               THE CONTACT LENS PRESCRIPTION RELEASE ACT

                                 ______


                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                       Wednesday, October 5, 1994

  Mr. STARK. Mr. Speaker, today I am introducing legislation that, if 
enacted, will enable consumers to purchase contact lenses at lower 
prices without any compromise in the quality of care received.
  This legislation, the Contact Lens Prescription Release Act, requires 
the Federal Trade Commission to issue regulations mandating the 
automatic release of contact lens prescriptions after the fitting 
process has been completed.
  Due to a combination of wide variations in State laws relating to the 
release of contact lens prescriptions and great differences in the 
practices of individual optometrists and ophthalmologists, consumers do 
not have consistent access to their contact lens prescriptions. Some 
consumers find that contact lens prescriptions are released 
immediately, enabling them to compare products, prices, and services. 
Other consumers are prevented entirely from obtaining their 
prescriptions even after the fitting process has been completed. This 
results in confusion on the part of consumers as to their rights and 
also results in unnecessary restrictions on consumers in obtaining 
vision care.
  In 1989, the Federal Trade Commission [FTC] clarified Federal policy 
relating to the release of prescriptions for eyeglasses. The FTC again 
required optometrists and ophthalmologists to release eyeglass lens 
prescriptions to their patients upon completion of an eye examination. 
The Commission also reiterated the policy that there be automatic 
release of the prescription. Automatic release was deemed to be 
preferable to a requirement that prescriptions be released only upon 
request of the patient. Oftentimes, consumers were found to be unaware 
of their rights to the prescription. Requiring prescribers to take an 
active part in providing prescriptions to their patients serves to 
educate consumers of their rights.

  In receiving comments on the release of eyeglass prescriptions, the 
FTC also requested comments on the issue of contact lens prescription 
release. More specifically, the Commission sought comments on whether 
significant numbers of consumers were refused copies of their contact 
lens prescriptions. The Commission found the following:

       While the record suggests that it is not uncommon for 
     practitioners to refuse to give patients copies of their 
     contact lens prescriptions, and that the resulting costs to 
     consumers could be significant, ``we do not believe that the 
     record contains sufficient reliable evidence to permit a 
     conclusion that the practice is prevalent.'' (Emphasis added, 
     Federal Register, vol. 54, No. 47, Monday, Mar. 13, 1989.)

  In issuing their final rule, the FTC raised one other issue that 
prevented the FTC from requiring the release of contact lens 
prescriptions. The Commission commented that they lacked sufficient 
evidence to make a determination on the quality of care concerns 
raised.
  As to the FTC's hesitancy to require release because of a lack of 
evidence that the problem to be remedied is prevalent, the experiences 
I am aware of in the 13th District of California counter the FTC's 
uncertainty and provide sufficient cause for action. I have received 
several letters stating that contact lens prescriptions are not being 
released. In my colleagues' districts, I am confident that they too 
could identify ample reliable evidence of nonrelease of prescriptions 
and, as a result, sufficient reason for taking the action called for in 
this legislation.
  The second issue cited by the FTC in 1989 concerned the quality of 
patient care. Two factors relevant to the legislation I am introducing 
today eliminate these concerns. First, I have yet to see reports 
signifying that the quality of patient care has suffered in any of the 
17 States that currently have some form of mandatory release of contact 
lens prescriptions in place. Second, to the degree the FTC identified 
concerns over the quality of care, the concerns applied only to early-
release--the release of a prescription prior to the prescriber 
completing the fitting process. The FTC did not raise any concerns over 
mandating the release of contact lens prescriptions after the fitting 
of the contact lenses.

  The primary benefit as a result of this legislation, as was the case 
with implementation of the requirement to release eyeglass 
prescriptions, will be the ability of consumers to purchase vision care 
goods at lower prices without compromising the quality of patient care. 
The findings in this regard are well-documented in the eyeglass market, 
and even with the difference in timing of the release requirement--upon 
the writing of the initial eyeglass prescription versus after the 
fitting of contact lenses is complete--there is no reason to believe 
that similar benefits to consumers will not result.
  We are nearing the end of the 103d Congress. I do not anticipate that 
Congress will take action on this legislation this year. I have chosen 
to introduce this bill in the final days of this legislative session in 
order that interested consumers, providers, and regulators have an 
opportunity to review and provide comment on the bill prior to 
introduction in the 104th Congress.
  Mr. Speaker, I submit the bill for the Record.

                                H.R. --

       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''.

     SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES.

       (a) In General.--The Federal Trade Commission shall amend 
     its trade regulation rule on ophthalmic practice published at 
     16 C.F.R. 456 to require the release of a prescription for 
     contact lenses after the contact lens fitting process is 
     completed regardless of whether or not the patient requests 
     the prescription.
       (b) Definitions.--For purposes of subsection (a)--
       (1) the term ``prescription'' means the specifications 
     necessary to obtain contact lenses and includes data on the 
     refractive status of patient's eyes,
       (2) the term ``contact lenses fitting process is 
     completed'' means the process which begins after the initial 
     eye examination and includes an examination to determine what 
     the lens specifications should be, the purchase of hard or 
     soft lenses, and an initial evaluation of the fit of the lens 
     on the patient's eyes and follow-up examinations over a 
     period of approximately 6 months and is completed when the 
     lens fitter is satisfied that a successful fit has been 
     achieved.

     SEC. 3. EFFECT ON STATE LAW.

       The prescription release requirement of section 2 does not 
     affect any State law which permits the release of 
     prescriptions for contact lenses on terms which are not more 
     restrictive than the terms of section 1 or regulates who is 
     to be legally permitted to fit contact lenses.

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