I 
109TH CONGRESS 
2D SESSION 
H. R. 6117 
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 pre-
scribers. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2006 
Mr. WHITFIELD (for himself, Mr. ALLEN, Mr. NORWOOD, Mr. BOOZMAN, Mr. 
LEWIS of Kentucky, and Mr. HALL) 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 tele-
phone number and a dedicated email address for the 
purpose of receiving communications from prescribers. 
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 ‘‘Contact Lens Con-
sumer Health Protection Act’’. 
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SEC. 2. IMPROVED COMMUNICATIONS BETWEEN SELLERS 
AND PRESCRIBERS. 
Section 4 of the Fairness to Contact Lens Consumers 
Act (15 U.S.C. 7603) is amended— 
(1) in subsection (c), by adding at the end the 
following: 
‘‘(7) A toll-free telephone number and email ad-
dress for prescribers to call or email with questions 
relating to a verification request, as required under 
subsection (i).’’; 
(2) in subsection (d)(3), by adding at the end 
the following: ‘‘If a prescriber communicates a ques-
tion or concern to a seller through the toll-free tele-
phone service or dedicated email address required 
under subsection (i) before such 8-hour period has 
ended, the seller must obtain affirmative confirma-
tion of the accuracy of the prescription from the pre-
scriber 
before 
the 
prescription 
is 
considered 
verified.’’; 
(3) by redesignating subsection (e) through (g) 
as subsections (f) through (h), respectively; 
(4) by adding after subsection (d) the following: 
‘‘(e) PRESCRIBER PREFERRED METHOD OF COMMU-
NICATION.—A prescriber may provide written notification 
to a seller requesting that all requests for verification from 
that seller be communicated to that prescriber by that pre-
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scriber’s preferred method of communication. Such pre-
ferred method of communication may be by telephone, fac-
simile, or email, or by either of any 2 of those means of 
communication.’’; and 
(5) by inserting after subsection (h) (as so re-
designated), the following: 
‘‘(i) TELEPHONE SERVICE AND DEDICATED EMAIL 
ADDRESS.—A seller of contact lenses who requests 
verification of any contact lens prescription shall provide 
a toll-free telephone service operable during regular busi-
ness hours and a dedicated email address for the sole pur-
pose of responding to prescribers’ questions and concerns 
regarding verification requests. Such toll-free telephone 
service shall maintain a sufficient number of working tele-
phone lines to enable ready access by prescribers to the 
service.’’. 
SEC. 3. EXPANDED PENALTIES. 
Section 9(b) of the Fairness to Contact Lens Con-
sumers Act (15 U.S.C. 7608(b)) is amended by striking 
the period at the end and inserting ‘‘, except that fines 
imposed for a violation of section 4 of this Act may be 
in an amount up to $100,000 per violation.’’ 
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SEC. 4. CONSUMER SAFETY STUDY. 
Section 10 of the Fairness to Contact Lens Con-
sumers Act (15 U.S.C. 7609) is amended by adding at 
the end the following: 
‘‘(c) CONSUMER SAFETY STUDY.— 
‘‘(1) STUDY.—The Federal Trade Commission, 
in consultation with the Food and Drug Administra-
tion, shall undertake a study to examine the adverse 
and potentially adverse effects on consumers of sell-
er violations of the prescription verification and sales 
requirements of this Act. The study shall specifically 
address the following issues: 
‘‘(A) The overfilling of prescriptions with 
quantities of lenses that exceed the normal expi-
ration dates of the prescriptions. 
‘‘(B) The dispensing of prescriptions that 
have expired or are inaccurate. 
‘‘(C) The failure by a seller to allow pre-
scribers to contact the seller within 8 business 
hours to advise that a prescription is inaccurate 
or expired. 
‘‘(D) The health risks to the consumer of 
receiving the incorrect prescription from a sell-
er. 
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‘‘(E) The economic risks to the consumer 
of receiving the incorrect prescription from a 
seller. 
‘‘(F) The improper advertising to con-
sumers about what constitutes a valid prescrip-
tion or valid prescription information, or adver-
tising that no prescription is needed. 
‘‘(G) Any other issue that has an impact 
on the health of the consumer from violations 
of the verification or sales requirements of this 
Act. 
‘‘(2) REPORT.—Not later than 12 months after 
the date of enactment of this subsection, the Federal 
Trade Commission shall transmit to Congress a re-
port of the study required by this subsection.’’. 
Æ 
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