I 

110TH CONGRESS 

1ST SESSION H. R. 2012 

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. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contact Lens Con5 sumer Health Protection Act’’. 


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1 SEC. 2. IMPROVED COMMUNICATIONS BETWEEN SELLERS 

2 AND PRESCRIBERS. 

3 Section 4 of the Fairness to Contact Lens Consumers 

4 Act (15 U.S.C. 7603) is amended— 

5 (1) in subsection (c), by adding at the end the 

6 following: 

7 ‘‘(7) A toll-free telephone number and email ad8 dress for prescribers to call or email with questions 

9 relating to a verification request, as required under 

10 subsection (i).’’; 

11 (2) in subsection (d)(3), by adding at the end 

12 the following: ‘‘If a prescriber communicates a ques13 tion or concern to a seller through the toll-free tele14 phone service or dedicated email address required 

15 under subsection (i) before such 8-hour period has 

16 ended, the seller must obtain affirmative confirma17 tion of the accuracy of the prescription from the pre18 scriber before the prescription is considered 

19 verified.’’; 

20 (3) by redesignating subsection (e) through (g) 

21 as subsections (f) through (h), respectively; 

22 (4) by adding after subsection (d) the following: 

23 ‘‘(e) PRESCRIBER PREFERRED METHOD OF COMMU24 NICATION.—A prescriber may provide written notification 

25 to a seller requesting that all requests for verification from 

26 that seller be communicated to that prescriber by that preVerDate Aug 31 2005 20:56 Apr 25, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2012.IH H2012

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1 scriber’s preferred method of communication. Such pre2 ferred method of communication may be by telephone, fac3 simile, or email, or by either of any 2 of those means of 

4 communication.’’; and 

5 (5) by inserting after subsection (h) (as so re6 designated), the following: 

7 ‘‘(i) TELEPHONE SERVICE AND DEDICATED EMAIL

8 ADDRESS.—A seller of contact lenses who requests 

9 verification of any contact lens prescription shall provide 

10 a toll-free telephone service operable during regular busi11 ness hours and a dedicated email address for the sole pur12 pose of responding to prescribers’ questions and concerns 

13 regarding verification requests. Such toll-free telephone 

14 service shall maintain a sufficient number of working tele15 phone lines to enable ready access by prescribers to the 

16 service.’’. 

17 SEC. 3. PROHIBITION ON OVERFILLING CONTACT LENS 

18 PRESCRIPTIONS. 

19 The Fairness to Contact Lens Consumers Act (15 

20 U.S.C. 7601 et seq.) is further amended— 

21 (1) by redesignating section 8 through 12 as 

22 sections 9 through 13, respectively; 

23 (2) in section 10(a) (as so redesignated), by 

24 striking ‘‘section 8’’ and inserting ‘‘section 9’’; and 


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1 (3) by inserting after section 7 the following 

2 new section: 

3 ‘‘SEC. 8. PROHIBITION ON OVERFILLING CONTACT LENS 

4 PRESCRIPTIONS. 

5 ‘‘No contact lens prescription shall be overfilled by 

6 any seller of contact lenses. A seller who provides more 

7 lenses than the prescription specifies, or who provides 

8 more lenses than the number of lenses required to fill a 

9 prescription for the period beginning on the date the pre10 scription is filled through its expiration date, shall be 

11 deemed to have overfilled the prescription.’’. 

12 SEC. 4. EXPANDED PENALTIES. 

13 Section 10(b) of the Fairness to Contact Lens Con14 sumers Act (15 U.S.C. 7608(b)) (as redesignated by sec15 tion 3) is amended by striking the period at the end and 

16 inserting ‘‘, except that fines imposed for a violation of 

17 section 4 of this Act may be in an amount up to $100,000 

18 per violation.’’ 

Æ 


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