IB 
Union Calendar No. 192
108TH CONGRESS 
1ST SESSION H. R. 3140
[Report No. 108–318] 
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 
OCTOBER 15, 2003
Additional sponsors: Mr. SHIMKUS, Mr. PITTS, Mrs. BONO, Mr. DAVIS of 
Florida, Mr. HENSARLING, and Mr. CARTER
OCTOBER 15, 2003 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 23, 2003] 
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 con-
tact lens fitting, the prescriber—
(1) whether or not requested by the patient, shall 
provide to the patient a copy of the contact lens pre-
scription; and 
(2) shall, as directed by any person designated to 
act on behalf of the patient, provide or verify the con-
tact 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 evalua-
tion as a condition of providing a copy of a prescrip-
tion 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 pur-
poses of the preceding sentence, presentation of proof of in-
surance 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 pre-
scription for the patient that is—
(1) presented to the seller by the patient or pre-
scriber 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 sub-
section (a).
(c) INFORMATION.—When seeking verification of a con-
tact 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 ap-
propriate. 
(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 pre-
scription is inaccurate and provides the accurate pre-
scription. 
(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 re-
ceiving 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 pre-
scriber shall specify the basis for the inaccuracy or inva-
lidity 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 com-
pany and sold under multiple labels to individual pro-
viders, 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 prescrip-
tion;
(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 pre-
scriber 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 re-
quire 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 examina-
tion. 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 pre-
scribed shall be exempt from the requirements of the Magnu-
son-Moss Warranty—Federal Trade Commission Improve-
ment 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 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 un-
dertake a study to examine the strength of competition in 
the sale of prescription contact lenses. The study shall in-
clude 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 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 com-
petition in the sale of prescription contact lenses. 
(b) REPORT.—Not later than 12 months after the effec-
tive 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 pre-
scription, ends when the prescriber determines that no 
change in prescription is required, and such term 
may include—
(A) an examination to determine lens speci-
fications; 
(B) except in the case of a renewal of a pre-
scription, an initial evaluation of the fit of the 
lens on the eye; and