I 
108TH CONGRESS 
1ST SESSION H. R. 3140
To provide for availability of contact lens prescriptions to patients, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2003
Mr. BURR (for himself, Mr. TOWNS, Mr. TAUZIN, Mr. DINGELL, Mr. WAX-
MAN, Mr. STARK, Ms. SCHAKOWSKY, Mr. MATHESON, Mr. ROGERS of 
Michigan, Mr. BISHOP of Utah, Mr. SENSENBRENNER, and Mr. GIB-
BONS) introduced the following bill; which was referred to the 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.—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 eval-
uation as a condition of providing a copy of a pre-
scription 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 re-
lease as a condition of verifying or releasing a pre-
scription.
SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIR-
CUMSTANCES. 
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 re-
quires 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 prescription for 
the patient that is verified by direct communication. 
(b) RECORD REQUIREMENT.—A seller shall maintain 
a record of all direct communications referred to in sub-
section (a). 
(c) INFORMATION.—When seeking verification of a 
contact lens prescription, a seller shall provide the pre-
scriber 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 
the seller achieves direct communication. 
(e) INVALID PRESCRIPTION.—If a prescriber informs 
a seller before the deadline under subsection (d)(3) that 
the contact lens prescription is invalid, the seller shall not 
fill the prescription. The prescriber shall specify the basis 
for the invalidity of the prescription. If the prescription 
communicated by the seller to the prescriber is incorrect, 
the prescriber shall correct it. 
(f) NO ALTERATION.—A seller may not alter a con-
tact lens prescription. Notwithstanding the preceding sen-
tence, 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 con-
tact lens manufactured by that company under another 
label. 
(g) DIRECT COMMUNICATION.—As used in this sec-
tion, the term ‘‘direct communication’’ includes successful 
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 
involved, 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 sub-
section (a)(3) shall be documented in the patient’s medical 
record. In no circumstance shall the prescription expira-
tion 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 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 may be ob-
tained 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 responsi-
bility of the prescriber for the accuracy of the eye exam-
ination. The preceding sentence does not impose liability 
on a prescriber for the ophthalmic goods and services dis-
pensed by another seller pursuant to the prescriber’s cor-
rectly verified prescription. 
SEC. 8. RULEMAKING BY FEDERAL TRADE COMMISSION. 
The Federal Trade Commission shall prescribe rules 
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 ac-
cordance 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 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 man-
ner, by the same means, and with the same jurisdiction, 
powers, and duties as though all applicable terms and pro-
visions 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 avail-
ability. 
(3) Incidence, if any, of contact lens prescrip-
tions that specify brand name or custom labeled con-
tact lenses, the reasons for the incidence, and the ef-
fect on consumers and competition. 
(4) The impact of the Federal Trade Commis-
sion eyeglasses rule (16 C.F.R. 456 et seq.) on com-
petition, the nature of the enforcement of the rule, 
and how such enforcement has impacted competi-
tion. 
(5) Any other issue that has an impact on com-
petition in the sale of prescription contact lenses. 
(b) REPORT.—Not later than 12 months after the ef-
fective 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 ‘‘con-
tact lens fitting’’ means the process that begins after
the initial eye examination and ends when a success-
ful 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 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 follow up 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 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 pre-
scription. 
(D) Name, postal address, telephone num-
ber, and facsimile telephone number of pre-
scriber. 
(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 pri-
vate 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.
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