I
107TH CONGRESS
1ST SESSION
H. R. 2663
To require the Federal Trade Commission to amend the trade regulation
rule on ophthalmic practice to require the release of prescriptions for
contact lenses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2001
Mr. STARK (for himself, Mr. SENSENBRENNER, Mr. WAXMAN, Ms. ROYBAL-
ALLARD, Mr. SERRANO, and Ms. RIVERS) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To require the Federal Trade Commission to amend the
trade regulation rule on ophthalmic practice to require
the release of prescriptions for contact lenses, 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 ‘‘Contact Lens Prescrip-
tion Release Act of 2001’’.
SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES.
(a) AVAILABILITY OF CONTACT LENS PRESCRIPTION
INFORMATION.—No later than 6 months after the date
of enactment of this Act, the Federal Trade Commission
shall promulgate a rule on ophthalmic practice under sec-
tion 553 of title 5, United States Code, to require that
a prescriber shall, upon completion of the contact lens fit-
ting process for a patient—
(1) provide to the patient a copy of the pre-
scriber’s prescription for contact lenses, regardless
of whether or not the patient requests such a copy;
and
(2) upon request of the patient—
(A) provide a copy of such a prescription
to the patient or an agent of the patient; or
(B) promptly verify to an agent of the pa-
tient, including by electronic means, the infor-
mation contained in such a prescription.
(b) EXPIRATION
OF PRESCRIPTION.—The amend-
ment under subsection (a) shall also provide that any con-
tact lens prescription shall expire 2 years after the date
it is issued, unless the prescriber specifies in the prescrip-
tion for a patient a different expiration date based on the
medical judgment of the prescriber with respect to the pa-
tient’s ocular health.
(c) VIOLATIONS.—Any violation of a rule prescribed
under subsection (a) 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.
SEC. 3. ADVERTISING AND SALES PRESENTATIONS RE-
GARDING CONTACT LENSES.
(a) CONTENT
OF ADVERTISEMENTS
AND SALES
PRESENTATIONS.—No later than 6 months after the date
of enactment of this Act, the Federal Trade Commission
shall promulgate a rule on ophthalmic practices under sec-
tion 553 of title 5, United States Code, to make it an un-
fair trade practice for any industry member to publish,
or cause to be published, any advertisement or sales pres-
entation relating to contact lenses that represents, directly
or by implication, that contact lenses may be obtained
without a valid prescription.
(b) VIOLATIONS.—Any violation of a rule prescribed
under this section 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.
SEC. 4. EFFECT ON STATE LAW.
This Act and the regulations issued under this Act
shall not affect any State law that—
(1) authorizes the release of prescriptions for
contact lenses only under terms that are not more
restrictive than this section;
(2) regulates who is authorized to fit contact
lenses; or
(3) regulates advertisements or sales presen-
tations regarding contact lenses.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) COMPLETION OF THE CONTACT LENS FIT-
TING PROCESS.—The term ‘‘completion of the con-
tact lens fitting process’’ means completion of the
process that—
(A) begins after the initial eye examina-
tion;
(B) includes—
(i) an examination to determine what
the lens specifications should be;
(ii) except in the case of a renewal of
a prescription, an initial evaluation of the
fit of the lens on the patient’s eye; and
(iii) followup examinations that are
medically necessary; and
(C) ends when—
(i) except in the case of a renewal of
a prescription, the prescriber is satisfied
that a successful fit has been achieved; or
(ii) in the case of a renewal of a pre-
scription, the prescriber determines that
there is no change in the prescription.
(2) INDUSTRY MEMBER.—The term ‘‘industry
member’’ means a person that engages in the manu-
facture, processing, assembly, sale, offering for sale,
or distribution of contact lenses.
(3) 
PRESCRIBER.—The 
term 
‘‘prescriber’’
means an ophthalmologist or optometrist who per-
forms eye examinations under a license issued by a
State.
(4) PRESCRIPTION.—The term ‘‘prescription’’
means the specifications necessary for a patient to
obtain contact lenses, that include—
(A) data on the refractive status of pa-
tient’s eyes; and
(B) a clear notation that the patient is
suitable for contact lenses.
Æ