I
108TH CONGRESS
1ST SESSION
H. R. 2221
To provide for availability of contact lens prescriptions to patients, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 2003
Mr. BURR (for himself, Mr. TAUZIN, Mr. SENSENBRENNER, and Mr. MATHE-
SON) 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.—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, 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 or verification of
a prescription under subsection (a);
(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); or
(3) require the patient to sign a waiver or re-
lease as a condition of verifying or releasing a pre-
scription.
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
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.
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 may be ob-
tained 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.
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. 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. 8. 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
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 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. 9. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of
the enactment of this Act.
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