[Congressional Record Volume 141, Number 65 (Friday, April 7, 1995)]
[Extensions of Remarks]
[Page E826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



[[Page E826]]

          THE CONTACT LENS PRESCRIP- TION RELEASE ACT OF 1995

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                        HON. FORTNEY PETE STARK

                             of california

                    in the house of representatives

                        Thursday, April 6, 1995
  Mr. STARK. Mr. Speaker, in the final days of the last session of 
Congress, I introduced legislation to strengthen the ability of 
consumers to purchase contact lenses at lower prices, without 
compromising the quality of the products or services received. It was 
my hope that interested consumers, providers, and regulators would 
review and provide comment on the bill prior to reintroduction of the 
bill in the 104th Congress.
  Over the past several months, I have received comments from 
constituents, consumers, providers and various other interested 
parties. The overwhelming message is that a Federal law requiring 
prescribers to release contact lens prescriptions will benefit 
consumers across American.
  Today I am introducing ``The Contact Lens Prescription Release Act of 
1995.'' This legislation will require the Federal Trade Commission 
[FTC] to issue regulations mandating the release of contact lens 
prescriptions after the initial fitting process has been completed.
  While some who provided comments favor mandating the immediate 
release of prescriptions, and others favor no requirements at all, the 
balance struck in this legislation ensures that consumers will have 
enhanced bargaining power when purchasing replacement contact lens 
without putting the quality of patient care in jeopardy.
  Today, more than a dozen States require some form of contact lens 
prescription release. This experimentation by the States has allowed us 
to monitor whether unintended consequences have occurred--such as a 
reduction in the quality of patient care--as a result of mandatory 
release. To date, I have not seen reports that the quality of patient 
care has suffered as a result of requiring prescription release after 
the initial fitting process is complete.
  While this legislation provides a minimum standard regarding 
prescription release, it is likely that some States will experiment 
with additional ways, such as immediate release of prescriptions, to 
advance the ability of consumers to purchase high quality contact lens
 products at the most competitive prices. This legislation allows 
States to continue to undertake such efforts. We in Congress would 
serve our constituents well if we continue to monitor these State 
efforts and follow-up with additional Congressional action if 
appropriate.

  I'd like to take a moment to provide some background to ``The Contact 
Lens Prescription Release Act of 1995.''
  In 1989, the Federal Trade Commission [FTC] restated their 
requirement that eyeglass lens prescriptions be released by 
ophthalmologists and optometrists. In the FTC's ruling on eyeglasses, 
their comments explaining why they did not require the release of 
contact lens prescriptions is instructive for why this legislation is 
necessary today. The Commission found the following:

       While the record suggests that it is not uncommon for 
     practioners to refuse to give patients copies of their 
     contact lens prescriptions, and that 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, March 13, 1989.)

  One of the benefits and responsibilities of representing the 13th 
District of California is having constant contact with constituents. 
Over the past few years, I have had the opportunity to gather 
``sufficient reliable evidence'' that nonrelease of contact lens 
prescriptions does result in higher costs for consumers and that this 
practice is sufficiently ``prevalent'' to warrant legislative action.
  This legislation, Mr. Speaker, is rather simple--to allow greater 
competition in the marketplace. It achieves this goal by calling upon 
the Federal Trade Commission to issue a regulation requiring the 
release of contact lens prescriptions after the initial fitting process 
is complete. While there is strong sentiment in this body to forgo 
calling for any additional Government regulations, it would be short-
sighted to turn aside this legislation for that reason. In enacting 
this legislation, this bill would eliminate dozens of State regulations 
that, however well-intentioned and well-suited to the technology and 
market conditions at the time, have come to block consumer choice 
today.
  Mr. Speaker, I urge my colleagues to support this legislation. A copy 
of the legislation follows.
                                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 of 1995''.

     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 prescriber to offer to release a 
     copy of the prescriber's prescription for contact lenses--
       (1) after the contact lens fitting process is completed, or
       (2) in the case of a renewal of a prescription, immediately 
     if there is no change in the prescription's specifications,

     regardless of whether or not the patient requests a copy of 
     the prescription. Such a prescription shall expire 2 years 
     from the date of its issue unless the prescriber otherwise 
     specifies based upon the medical judgment of the provider.
       (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 and clearly notes that 
     the patient is suitable for contact lenses.
       (2) The term ``prescriber'' means an ophthalmologist or 
     optometrist who performs eye examinations under a license 
     issued by a State.
       (3) The term ``contact lens fitting process is completed'' 
     means the process which--
       (A) begins after the initial eye examination and includes 
     an examination to determine what the lens specifications 
     should be, the purchase of lenses, and an initial evaluation 
     of the fit of the lens on the patient's eyes and follow-up 
     examinations, and
       (B) is completed when the prescriber 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 2 or regulates who is 
     to be legally permitted to fit contact lenses.
     

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