[Congressional Record Volume 149, Number 168 (Wednesday, November 19, 2003)]
[House]
[Pages H11561-H11565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 FAIRNESS TO CONTACT LENS CONSUMERS ACT

  Mr. BURR. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3140) to provide for availability of contact lens prescriptions 
to patients, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3140

       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''.

[[Page H11562]]

     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 contact lens prescription 
     for the patient that is--
       (1) presented to the seller by the patient or prescriber 
     directly or by facsimile; or
       (2) 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 receiving from the seller the 
     information described in subsection (c).
       (e) Invalid Prescription.--If a prescriber informs a seller 
     before the deadline under subsection (d)(3) that the contact 
     lens prescription is inaccurate, expired, or otherwise 
     invalid, the seller shall not fill the prescription. The 
     prescriber shall specify the basis for the inaccuracy or 
     invalidity of the prescription. If the prescription 
     communicated by the seller to the prescriber is inaccurate, 
     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 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 in which 
     the prescription was written, 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 pursuant 
     to section 18 of the Federal Trade Commission Act (15 U.S.C. 
     57a) 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 or the rules 
     required under section 8 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Burr) and the gentlewoman from Illinois (Ms. 
Schakowsky) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Burr).


                             General Leave

  Mr. BURR. Mr. Speaker, I ask unanimous consent that all Members may

[[Page H11563]]

have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. BURR. Mr. Speaker, I yield myself as much time as I may consume.
  Mr. Speaker, today is a great day for the 36 million contact lens 
wearers across the United States. Today, Republicans and Democrats have 
come together to help contact lens wearers by improving their access to 
the competitive contact lens marketplace in granting them the right to 
their contact lens prescriptions.
  People who wear glasses may not recognize the importance of this 
legislation because, unlike contact lens wearers, they have had these 
rights since 1978. Now, 25 years later, contact lens wearers have the 
same rights to their prescriptions, without having to ask for them, and 
the ability to buy their lenses from any seller, be it an eye doctor, a 
discount club, or an Internet company.
  I appreciate the support of the American Optometric Association, 
especially my optometrist in Winston Salem, North Carolina, Dr. Burke, 
who read through these drafts. He helped us as we put the bill 
together. He improved the legislation and put us where we are today.
  Not only is this bill great for contact lens wearers, but it is, in 
my opinion, also good for eye doctors. I want them to listen. For the 
first time in Federal legislation, patients are told they must go back 
regularly to their eye doctors and get their contact lens prescriptions 
renewed. If patients try to buy contact lenses with expired 
prescriptions, sellers by law cannot fill their orders. This is a big 
deal, Mr. Speaker; and I am sure most physicians across this country 
would love Congress to pass legislation that required patients to come 
back to them on a regular basis. We do that in this legislation.
  Additionally, H.R. 3140 will make it very hard for unlawful contact 
lens sellers to even stay in business. Right now, many contact lens 
sellers do not ask for physicians' contact information because the 
sellers have no intention of verifying the prescriptions. Multiple 
provisions in this bill will make this behavior illegal. Contact lens 
sellers will now be required to get all pertinent information from 
patients and call eye doctors' offices to verify that information. With 
the FTC enforcing this law, eye doctors should be assured that they 
will only have to do business with honest contact lens sellers.
  Mr. Speaker, I want to thank the gentleman from California (Mr. 
Stark) and the gentleman from Wisconsin (Mr. Sensenbrenner) for first 
introducing this legislation 8 years ago during the 104th Congress. 
They were the initial leaders on this issue, and I appreciate their 
efforts and the subsequent support on this legislation. I also want to 
thank the dean of our House, the gentleman from Michigan (Mr. Dingell), 
and his staff for the excellent help in drafting this compromise piece 
of legislation that benefits all parties involved in the contact lens 
marketplace.
  Finally, I want to thank the gentleman from Florida (Mr. Stearns) and 
the gentleman from Louisiana (Mr. Tauzin), the full committee chairman, 
and their staffs who shepherded this bill through the Committee on 
Energy and Commerce in record time.
  Mr. Speaker, I urge my colleagues to support this.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SCHAKOWSKY. Mr. Speaker, I yield myself 5 minutes.
  I rise in strong support and as an original cosponsor of H.R. 3140, 
the Fairness to Contact Lens Consumers Act. I am pleased that the House 
is taking action on this important measure before the end of the 
legislative session.
  This is an important consumer rights issue. Thirty-six million 
Americans use contact lenses, and Congress must address the regulatory 
issues that impact the rights of those consumers and their ability to 
purchase contact lenses from their preferred vendors. We have a duty to 
make sure that consumers' interests are being met; that they have 
access to affordable and safe contact lenses; and that uniform 
standards regulate this process nationwide.
  Several of my colleagues have spent a great deal of time studying the 
subject, including, of course, the gentleman from North Carolina (Mr. 
Burr), the gentleman from Michigan (Mr. Dingell), the gentleman from 
New York (Mr. Towns), the gentleman from California (Mr. Waxman), and 
the gentleman from California (Mr. Stark); and I want to commend and 
thank them for their leadership.

                              {time}  1500

  As a contact lens user myself, I am glad to have the opportunity to 
take part in the debate and passage of this legislation and appreciate 
the opportunity to work with those who have crafted this legislation, 
as well as the distinguished chairman of the Subcommittee on Commerce, 
Trade and Consumer Protection, the gentleman from Florida (Mr. 
Stearns). We appreciate the support also of the American Optometric 
Association for supporting this proconsumer legislation.
  This bill will change current law to provide what we all agree to be 
needed changes, so that consumers are explicitly entitled to a copy of 
their contact lens prescription from their doctor. That way, they will 
have the freedom to shop around to get the best deal possible for 
filling their contact lens needs.
  There have been reports of eye care providers unnecessarily 
preventing or delaying consumer access to their own prescriptions. 
There is some suggestion patients may not even know they are entitled 
to ask for their prescription. Clearly, we need to address those 
problems, and the legislation we are discussing today includes strong 
language guaranteeing those rights.
  The bill requires eye doctors and optometrists to provide parents 
with a copy of their contact lens prescription, regardless of whether 
or not the patient asks for a copy. Under this measure, eye doctors and 
other prescribers are prohibited from requiring that consumers buy 
contact lenses from them as a condition of performing an eye exam or 
providing the prescription.
  While consumers have a right to shop for the best deal when 
purchasing contact lenses, Congress, doctors, and industry all have a 
duty and an interest in making sure that patient safety is not 
compromised in the process. The Food and Drug Administration mandates 
that contact lens sales require a valid prescription from an eye care 
professional. With the increasing prevalence of mail order contact lens 
providers, whether through the Internet or 1-800 numbers, I believe it 
is important we give consumers expanded access while adhering to the 
FDA requirements.
  In the interest of fairness to consumers and doctors, this 
legislation establishes clear uniform rules that will guarantee 
fairness and safety to contact lens consumers in every State, 
regardless of existing laws.
  The bill creates a verification system that will ensure prompt 
filling of contact lens prescriptions. Under the legislation, when 
consumers place orders with third-party contact lens vendors, those 
vendors must verify the prescription with their doctors. Their doctors 
will then have 8 hours to respond. If they do not, the prescription 
will be deemed valid by the vendor and the order filled. These 
safeguards, coupled with time requirements, will ensure prompt and safe 
access to contact lenses at affordable prices for consumers.
  This legislation requires the FTC to issue rules implementing the 
bill's requirements and empowers the FTC to enforce these rules. The 
new rules will become effective within 60 days of enactment.
  I want to again commend those who worked to bring this proconsumer 
legislation to the floor, and I urge all of my colleagues to support 
it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BURR. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Stearns), the subcommittee chairman.
  Mr. STEARNS. Mr. Speaker, I thank our distinguished colleague for 
yielding me this time, and thank him, of course, for H.R. 3140, the 
Fairness to Contact Lens Consumers Act.
  As has already been pointed out, about 36 million Americans wear 
contact lenses, but those millions of Americans do not have a right to 
a copy of

[[Page H11564]]

their contact lens prescription. I think a lot of us did not realize 
that. This bill changes all of that, so doctors are required now to 
provide patients with a copy of their prescriptions whether they ask 
for it or not. So now it is their property, and they can use it as they 
wish.
  Of course, with that prescription, the consumer now has an 
opportunity to be empowered so that the issue of competition is 
heightened in the contact lens market. Because unlike doctors who are 
prevented from filling drug prescriptions, eye doctors and optometrists 
are able to fill contact lens prescriptions. This sets up a conflict-
of-interest situation, where third-party sellers are actually competing 
for the sale of lenses with the individual writing the prescription. 
That will all change under this bill.
  So this bill requires doctors and optometrists to verify 
prescriptions with third-party sellers. If the doctor refuses, for 
example, to verify this prescription, then the verification is 
presumed. What this means is the consumer will no longer be caught 
between the doctor and the seller in a competitive tug-of-war where the 
consumer is always the loser. This bill gives power to consumers over 
their buying decisions and allows the consumer to make his choice.
  I think it has been pointed out that the bill has also received the 
endorsement of the American Optometric Association and has received 
strong bipartisan support in the Committee on Energy and Commerce. It 
came out of the Subcommittee on Commerce, Trade, and Consumer 
Protection, which I chair, and it is a good piece of legislation. I 
support it and I commend the author.
  Ms. SCHAKOWSKY. Mr. Speaker, I yield 3 minutes to the gentleman from 
New York (Mr. Towns), the lead Democratic cosponsor of the bill.
  Mr. TOWNS. Mr. Speaker, let me begin by thanking the chairman of the 
committee, the gentleman from Louisiana (Mr. Tauzin), and of course the 
ranking member of the full committee, the gentleman from Michigan (Mr. 
Dingell), and to the gentleman from Florida (Mr. Stearns), of course, 
and the ranking member as well, the gentlewoman from Illinois (Ms. 
Schakowsky).
  Mr. Speaker, this legislation is long overdue. This legislation will 
allow sellers to work in coordination with optometrists and 
ophthalmologists across the Nation to ensure that every consumer has 
access to their prescription in a timely fashion while making the 
contact lens marketplace more competitive.
  Consumers deserve the best possible prices and service. Therefore, 
Congress must involve itself, as it is doing with H.R. 3140. I am proud 
that both sellers and the doctors have come together in support of this 
legislation, and I urge all of my colleagues to support this bill.
  In addition to my friend, the gentleman from North Carolina (Mr. 
Burr), I would also like to thank the following: Kelly Zerzan, Jonathan 
Cordone, Jenny Hansen, and Jesse McCollum for their hard work on this 
bill as well.
  Once again, I urge all of my colleagues to support H.R. 3140. It is a 
great bill and deserves the support of this House. Any time we can make 
life better for consumers, then we should be anxious and eager to do 
so, and there is no doubt in my mind that this legislation makes life a 
lot better for consumers. So I am delighted to support it and encourage 
my colleagues to do likewise.
  Mr. BURR. Mr. Speaker, I reserve the balance of my time.
  Ms. SCHAKOWSKY. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Stark), who worked hard on this legislation and over a 
long period of time.
  (Mr. STARK asked and was given permission to revise and extend his 
remarks.)
  Mr. STARK. Mr. Speaker, I extend my thanks as well to the gentleman 
from North Carolina for his enterprise and efforts in seeing this bill 
brought to the floor, and to thank the gentlewoman from Illinois (Ms. 
Schakowsky) for her work, as well as the people who have been 
mentioned, the gentleman from New York (Mr. Towns), the gentleman from 
Michigan (Mr. Dingell), the gentleman from Louisiana (Mr. Tauzin), the 
gentleman from California (Mr. Waxman), and others who have been 
concerned about it.
  I think that I have today to give credit where credit is due. This 
bill should really be referred to as the Deborah Stark bill. Now, who 
is Deborah Stark? She happens to be the mother of my children and my 
long- suffering wife. And this bill has its genesis right down the road 
on Pennsylvania Avenue where she went one day, when we still lived in 
California full time, to have her eyes examined because her contact 
lenses were giving her problems and, hopefully, to get a new 
prescription and send it out to California to have it filled, so she 
would have her new contact lenses when she arrived home in California.
  So she went to this physician down the road. And as she was about to 
leave, having then paid the bill, she was told that she could not have 
a copy of the prescription. She was, not surprisingly, incredulous. I 
was not only incredulous, I was mildly upset, and that led to this day.
  So we do not sit back here, as many people think, as Members of 
Congress, and just dream up ways to make life complicated for 
ophthalmologists and optometrists. We respond, generally not to 
constituents quite so close to home, but we respond to the problems 
that people in this country have, and it takes us often a long time, in 
this case almost 10 years. But when we get there, we do a good job, as 
we see with the many people who have worked to do this.
  I would like to add that Consumers Union was one of the early 
supporters of this bill and helped us to work it through. It is the law 
in California already, and I am sure that the other 30 million people 
who do not reside in California who wear contact lenses, I am too 
cowardly to stick my finger in my eye, so I do not, but many people 
will be pleased, and it will be of great convenience to them. I am one 
who happens to believe in free enterprise, and I think it is going to 
create some competition in the world and perhaps make lives better for 
everyone concerned in this.
  So, again, my thanks to those people who worked so hard. It is a good 
bill. The consumers will benefit. The advocates for all the providers 
involved have worked with us to support it, and I urge its adoption.
  I'm pleased to join with my colleagues on both sides of the aisle in 
support of the Fairness to Contact Lens Consumers Act and urge every 
Member of Congress to join us in voting for this important consumer 
protection legislation.
  This bill requires eye care professionals to provide their patients 
with a copy of their contact lens prescription so the patient can 
choose to purchase their contact lenses from that professional or seek 
an alternative provider. The bill also enforces a verification system 
for prescriptions that puts the onus on eye doctors to quickly verify 
their patients' contact lens prescriptions. This makes real the option 
for consumers to purchase their contact lenses through third parties--
such as online venders--which are often more affordable and convenient 
for consumers. This is a law my home State of California has already 
enacted and one that consumers deserve to have in all parts of our 
country.
  This might not be a high profile issue, but it is important to the 36 
million of contact lens wearers around the country. Eyeglass wearers 
have enjoyed unobstructed access to their eyeglass prescriptions since 
the Federal Trade Commission issued regulations in 1978 requiring their 
automatic release. Yet, 25 years later, similar action has yet to be 
taken for contact lens wearers. If this bill is enacted, we will 
finally have brought contact lens consumer protections up-to-date.
  I got involved in this issue more than a decade ago when my wife 
asked her eye care provider in D.C. for her contact lens prescription 
so she would have it if she needed it while we were in California. To 
her--and my--astonishment, the provider refused to give her the 
prescription saying that the law did not require him to do so. We 
checked it out and he was correct. I've been working to fix this 
problem ever since.
  The simple fact is that contact lenses are fast replacing eyeglasses 
as the corrective vision instrument of choice for consumers. Despite 
this trend, many States allow prescribing eye care professionals to 
refuse to release contact lens prescriptions to their patients. Eye 
doctors cite health concerns, but the fact is that they have a strong 
financial incentive to restrict consumer access to the contact lens 
market. Without their contact lens prescription in hand, consumers are 
forced to purchase

[[Page H11565]]

their lenses from their prescribing eye doctor--who obviously profits 
from each and every sale.
  Over the years, I've introduced several bills to require the release 
of contact lens prescriptions. For the last several years, 
Representatives Burr, Dingell, Tauzin, Waxman, Schakowsky and I have 
been working together to fashion a bipartisan bill that can garner the 
support of a broad coalition to ensure its passage.
  That day is here. I started out this effort with the support of 
Consumers Union and I'm pleased they have endorsed this version of the 
legislation as well. I'm also pleased that the American Optometric 
Association has been willing to come to the negotiating table and has 
also endorsed this final version of our legislation.
  That tells you this is a good bill--we've got consumers and 
optometrists--the largest providers of contact lenses--agreeing that 
this day has come. It is time to update our consumer protection laws to 
ensure that contact lens wearers have the right to safely purchase 
their lenses from the provider that best meets their needs. Join us in 
support of H.R. 3140 to give consumers that right.
  Ms. SCHAKOWSKY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Utah (Mr. Matheson).
  Mr. MATHESON. Mr. Speaker, I rise to express my strong support for 
H.R. 3140, the Fairness to Contact Lens Consumers Act. I am pleased to 
have been an original cosponsor of this bipartisan legislation. It 
simply does the right thing for consumers.
  This legislation will require eye doctors and optometrists to provide 
patients with a copy of their prescription for contact lenses, 
regardless of whether or not the patient asks for that copy. And the 
bill also requires that these prescribers to verify and provide a copy 
of the prescription to any person designated by the consumer to act on 
their behalf, such as third-party sellers.
  What many people may not know, is that eye doctors have been required 
to provide patients with a copy of their prescriptions for eyeglasses 
since 1978, but the same requirement for some reason has not been in 
place for contact lens prescriptions. Today, with around 36 million 
Americans wearing contact lenses, ensuring that consumers are able to 
obtain their contact lens prescriptions and make a choice in where they 
purchase their contact lenses is simply the right thing to do.
  I strongly support this bill and urge my colleagues to vote for it.
  Ms. SCHAKOWSKY. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  Mr. BURR. Mr. Speaker, I yield myself such time as I may consume to 
once again reiterate that this is a tremendous bipartisan effort that, 
as the gentleman from California (Mr. Stark) said, is well overdue, but 
this legislation is ripe today. I urge my colleagues to support it 
unanimously.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ose). The question is on the motion 
offered by the gentleman from North Carolina (Mr. Burr) that the House 
suspend the rules and pass the bill, H.R. 3140, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. MORAN of Kansas. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________