108TH CONGRESS
1ST SESSION
H. R. 3140
AN ACT
To provide for availability of contact lens
prescriptions to patients, and for other purposes.
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 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
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
receiving 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 oth-
erwise invalid, the seller shall not fill the prescription. The
prescriber shall specify the basis for the inaccuracy or in-
validity of the prescription. If the prescription commu-
nicated by the seller to the prescriber is inaccurate, 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 commu-
nication 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 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
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 Mag-
nuson-Moss Warranty—Federal Trade Commission Im-
provement Act (15 U.S.C. 2301 et seq.). Any such regula-
tions 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 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.
(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 CFR 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.
Passed the House of Representatives November 19,
2003.
Attest:
Clerk.