Fairness to Contact Lens Consumers Act

Bill: 108-hr-3140
Sponsor: Rep. Burr, Richard [R-NC-5]
Introduced: 2003-09-23 in the House
Policy area: Commerce
Subjects: Administrative procedure
Advertising
Business records
Communication in medicine
Competition
Congress
Congressional reporting requirements
Consumer education
Consumer protection
Contact lenses
Deceptive advertising
Electronic commerce
Electronic data interchange
Electronic mail systems
Eye care
Facsimile transmission
Federal Trade Commission
Fees
Government Operations and Politics
Government paperwork
Governmental investigations
Health
Health insurance
Independent regulatory commissions
Law
Liability (Law)
Manufacturing industries
Medical fees
Medical malpractice
Medical records
Medical tests
Optometry
Patients' rights
Physicians
Restrictive trade practices
Sales promotion
Science, Technology, Communications
State laws
Telephone

Summary:
action_date: 2003-09-23
text: 
Fairness to Contact Lens Consumers Act - Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient, or a person acting on behalf of such patient, with a copy of the contact lens prescription without any additional fee.
 
Requires a seller of contact lenses to verify a prescription by direct communication with the prescriber.
 
Declares that 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; or (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 date of the prescription. Permits an exception in either instance for a patient's ocular health.
 
Prohibits: (1) advertising that lenses for which a prescription is required may be obtained without a prescription; and (2) a prescriber from issuing examination accuracy waivers.
 
States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.

action_date: 2003-12-06
text: 
Fairness to Contact Lens Consumers Act - (Sec. 2) Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient with a copy of their contact lens prescription, whether or not requested by the patient, and verify the prescription's accuracy, or make necessary corrections, to a contact lens seller or any person designated by the patient. Prohibits a prescriber from: (1) requiring patients to purchase contact lenses from the prescriber; (2) charging an additional fee for a copy of the prescription; (3) requiring the patient to sign a waiver; and (4) disclaiming liability or responsibility for the accuracy of the eye examination.
 
(Sec. 3) Allows a prescriber to withhold the contact lens prescription until the prescriber receives payment or proof of insurance coverage only if the prescriber also requires immediate payment from a patient not needing any ophthalmic goods.
 
(Sec. 4) Allows a seller to fill a prescription for contact lenses only when: (1) a seller receives a contact lens prescription directly or by facsimile; (2) a seller verifies a prescription by direct communication with the prescriber; or (3) the prescriber fails to respond to the seller within eight business hours after being contacted by the seller with the prescription information. Requires a seller to maintain a record of all such communication with a patient or a prescriber.
 
(Sec. 5) Declares that a contact lens prescription shall expire on the date specified by the law of the State in which it is written, but not less than one year after the issue date of the prescription. Permits an exception for a patient's ocular health.
 
(Sec. 6) Prohibits advertising that represents that contact lenses may be obtained without a prescription.
 
(Sec. 8) Requires the Federal Trade Commission (FTC) to prescribe rules to carry out this Act.
 
(Sec. 9) States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
 
(Sec. 10) Requires the FTC to report to Congress on: (1) exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact such relationships have on competition; (2) differences between online and off-line sellers of contact lenses; (3) contact lens prescriptions that specify brand name and their impact on competition; (4) the FTC eyeglasses rule, its enforcement, and its impact on competition; and (5) any other issue that affects competition in the sale of contact lenses.


Legislative actions:
action_date: 2003-12-06
text: Became Public Law No: 108-164.
action_date: 2003-12-06
text: Became Public Law No: 108-164.
action_date: 2003-12-06
text: Signed by President.
action_date: 2003-12-06
text: Signed by President.
action_date: 2003-11-26
text: Presented to President.
action_date: 2003-11-26
text: Presented to President.
action_date: 2003-11-21
text: Message on Senate action sent to the House.
action_date: 2003-11-20
text: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S15310)
action_date: 2003-11-20
text: Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S15310)
action_date: 2003-11-19
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 12 (Roll no. 644).
action_date: 2003-11-19
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-11-19
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 12 (Roll no. 644).
action_date: 2003-11-19
text: Considered as unfinished business. (consideration: CR H11595)
action_date: 2003-11-19
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2003-11-19
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 3140.
action_date: 2003-11-19
text: Considered under suspension of the rules. (consideration: CR H11561-11565; text of measure as reported in House: CR H11561-11562)
action_date: 2003-11-19
text: Mr. Burr moved to suspend the rules and pass the bill, as amended.
action_date: 2003-10-15
text: Placed on the Union Calendar, Calendar No. 192.
action_date: 2003-10-15
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-318.
action_date: 2003-10-15
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-318.
action_date: 2003-10-01
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2003-10-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-09-24
text: Forwarded by Subcommittee to Full Committee by Voice Vote.
action_date: 2003-09-24
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2003-09-24
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2003-09-23
text: Referred to the House Committee on Energy and Commerce.
action_date: 2003-09-23
text: Introduced in House
action_date: 2003-09-23
text: Introduced in House

Enacted as: number: 108-164