I 
107TH CONGRESS 
2D SESSION 
H. R. 5657
To provide for availability of contact lens prescriptions to patients, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2002
Mr. BURR of North Carolina (for himself, Mr. TOWNS, Mr. TAUZIN, Mr. DIN-
GELL, Mr. NORWOOD, Mr. WAXMAN, and Mr. STARK) introduced the fol-
lowing bill; which was referred to Committee on Energy and Commerce 
A BILL 
To provide for availability of contact lens prescriptions to 
patients, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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’’. 
SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS 
TO PATIENTS. 
(a) IN GENERAL.—Upon completion of a contact lens 
fitting, a prescriber—
(1) whether or not requested by the patient, 
shall provide to the patient a copy of the contact 
lens prescription; and 
(2) shall provide the contact lens prescription or 
verify the contact lens prescription to any person 
designated to act on behalf of the patient. 
(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 or verification of 
a prescription under subsection (a); and 
(2) require payment in addition to the examina-
tion fee as a condition of providing a copy of a pre-
scription or verification of a prescription under sub-
section (a). 
SEC. 3. EXPIRATION OF CONTACT LENS PRESCRIPTIONS. 
A contact lens prescription shall expire—
(1) on the date specified by the law of the State 
involved, if that date is one year or more after the 
date of completion of the contact lens fitting; 
(2) one year after the date of completion of the 
contact lens fitting, if the law of the State involved 
has no specified date or if such State law specifies 
a date that is less than one year after the date of 
completion of the contact lens fitting; 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. 
SEC. 4. CONTENT OF ADVERTISEMENTS AND OTHER REP-
RESENTATIONS. 
Any person that engages in the manufacture, proc-
essing, assembly, sale, offering for sale, or distribution of 
contact lenses may not represent, by advertisement, sales 
presentation, or otherwise, that contact lenses for which 
a prescription is required by law may be obtained without 
a prescription. 
SEC. 5. 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 responsi-
bility of the prescriber for the accuracy of the eye exam-
ination or the accuracy of the contact lenses dispensed by 
another seller. 
SEC. 6. VIOLATIONS. 
Any violation of this Act shall be treated as a viola-
tion of a rule under section 18 of the Federal Trade Com-
mission Act (15 U.S.C. 57a) regarding unfair or deceptive 
acts or practices.
SEC. 7. ACTIONS BY STATES. 
(a) IN GENERAL.—
(1) CIVIL ACTIONS.—In any case in which the 
attorney general of a State has reason to believe 
that an interest of the residents of that State has 
been or is threatened or adversely affected by a vio-
lation of this Act, the State may bring a civil action 
on behalf of the residents of the State in a district 
court of the United States of appropriate jurisdic-
tion to—
(A) enjoin that practice; 
(B) enforce compliance with this Act; 
(C) obtain damage, restitution, or other 
compensation on behalf of residents of the 
State; or 
(D) obtain such other relief as the court 
may consider to be appropriate. 
(2) NOTICE.—
(A) IN GENERAL.— Before filing an action 
under paragraph (1), the attorney general of 
the State involved shall provide to the Federal 
Trade Commission—
(i) written notice of that action; and 
(ii) a copy of the complaint for that 
action.
(B) EXEMPTION.—Subparagraph (A) shall 
not apply with respect to the filing of an action 
by an attorney general of a State under this 
subsection, if the attorney general determines 
that it is not feasible to provide the notice de-
scribed in that subparagraph before filing of the 
action. In such case, the attorney general of a 
State shall provide notice and a copy of the 
complaint to the Commission at the same time 
as the attorney general files the action. 
(b) INTERVENTION.—
(1) IN GENERAL.—On receiving notice under 
subsection (a)(2), the Commission shall have the 
right to intervene in the action that is the subject 
of the notice. 
(2) EFFECT OF INTERVENTION.—If the Com-
mission intervenes in an action under subsection (a), 
it shall have the right—
(A) to be heard with respect to any matter 
that arises in that action; and 
(B) to file a petition for appeal. 
(c) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a), nothing in this section
shall be construed to prevent an attorney general of a
State from exercising the powers conferred on the attorney 
general by the laws of that State to—
(1) conduct investigations; 
(2) administer oaths or affirmations; or 
(3) compel the attendance of witnesses or the 
production of documentary and other evidence. 
(d) ACTIONS BY THE COMMISSION.—In any case in 
which an action is instituted by or on behalf of the Com-
mission for a violation of this Act, no State may, during 
the pendency of that action, institute an action under sub-
section (a) against any defendant named in the complaint 
in that action. 
(e) VENUE.—Any action brought under subsection 
(a) may be brought in the district court of the United 
States that meets applicable requirements relating to 
venue under section 1391 of title 28, United States Code. 
(f) SERVICE OF PROCESS.—In an action brought 
under subsection (a), process may be served in any district 
in which the defendant—
(1) is an inhabitant; or 
(2) may be found. 
SEC. 8. 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) The States that have laws that require ac-
tive or passive verification for the sale of contact 
lenses. 
(2) With respect to the States that require ac-
tive verification, the practices of prescribers in com-
plying with State law, the effect of noncompliance, 
and the harm to competition and consumers that re-
sults from noncompliance. 
(3) With respect to the States that require ac-
tive verification, the level of enforcement and any 
problems relating to enforcement. 
(4) The impact on competition of verification 
standards adopted by retail sellers of prescription 
contact lenses. 
(5) With respect to States that require passive 
verification or have no applicable verification laws, 
the possible effect of such laws or lack thereof on 
the ocular health of patients. In addition, the effect 
of such laws or lack thereof on compliance by sellers 
in confirming valid contact lens prescriptions, includ-
ing expiration dates. The Commission shall consult 
the Food and Drug Administration on this par-
ticular issue.
(6) The incidence, if any, of contact lens pre-
scriptions that specify brand name or custom labeled 
contact lenses, the reasons for the incidence, and the 
effect on consumers and competition. 
(7) Any other issue that has an impact on com-
petition in the sale of prescription contact lenses. 
(b) REPORT.—Not later than 9 months after the date 
of the enactment 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. 9. EFFECT ON OTHER LAW. 
Except as provided in section 3, this Act does not 
affect any rule or requirement administered by the Food 
and Drug Administration, any State law that regulates the 
practice of medicine, persons authorized to fit contact 
lenses, or the requirements of any contact lens prescrip-
tion. 
SEC. 10. DEFINITIONS. 
As used in this Act: 
(1) CONTACT LENS FITTING.—The term ‘‘con-
tact lens fitting’’ means the process that begins after 
the initial eye examination and ends when the pre-
scriber is satisfied that 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 in-
clude—
(A) an examination to determine lens spec-
ifications; 
(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 followup examina-
tions. 
(2) 
PRESCRIBER.—The 
term 
‘‘prescriber’’ 
means, with respect to contact lens prescriptions, an 
ophthalmologist, optometrist, or other person per-
mitted under State law to issue prescriptions for 
contact lenses in compliance with any applicable re-
quirements established by the Food and Drug Ad-
ministration. 
(3) CONTACT LENS PRESCRIPTION.—The term 
‘‘contact lens prescription’’ means a prescription, 
issued in accordance with State and Federal law, 
that contains the specifications necessary for a pa-
tient to obtain contact lenses and may include such 
items as the following: 
(A) The name of the patient. 
(B) The date of the examination.
(C) The issue date and the expiration date 
of the prescription. 
(D) A clear notation contact lenses are 
suitable for the patient. 
(E) The parameters and instructions that 
are necessary for manufacture and duplication 
of the lenses. 
(F) The name, postal address, telephone 
number, and facsimile telephone number of the 
prescriber. 
(G) The expiration date of the prescrip-
tion. 
SEC. 11. EFFECTIVE DATE. 
This Act shall take effect 30 days after the date of 
the enactment of this Act.
Æ