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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 provide the contact lens prescription or verify
the contact lens prescription to any person designated to act
on behalf of the patient.
(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); and
(2) require payment in addition to the examination fee as a
condition of providing a copy of a prescription or verification
of a prescription under subsection (a).

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 date of completion
of the contact lens fitting;
(2) one year after the date of completion of the contact
lens fitting, if the law of the State involved has no specified
date or if such State law specifies a date that is less than
one year after the date of completion of the contact lens
fitting; 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 REPRESENTATIONS.

Any person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses may not
represent, by advertisement, sales presentation, or otherwise, that
contact lenses for which a prescription is required by law may be
obtained 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 responsibility of the prescriber for the
accuracy of the eye examination or the accuracy of the contact lenses
dispensed by another seller.

SEC. 6. VIOLATIONS.

Any violation of this Act 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. 7. ACTIONS BY STATES.

(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by a violation of this Act, the State may
bring a civil action on behalf of the residents of the State in
a district court of the United States of appropriate
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.-- Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Federal Trade
Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--Subparagraph (A) shall not apply
with respect to the filing of an action by an attorney
general of a State under this subsection, if the
attorney general determines that it is not feasible to
provide the notice described in that subparagraph
before filing of the action. In such case, the attorney
general of a State shall provide notice and a copy of
the complaint to the Commission at the same time as the
attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall be construed to prevent
an attorney general of a State from exercising the powers conferred on
the attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for a violation of this
Act, no State may, during the pendency of that action, institute an
action under subsection (a) against any defendant named in the
complaint in that action.
(e) Venue.--Any action brought under subsection (a) may be brought
in the district court of the United States that meets applicable
requirements relating to venue under section 1391 of title 28, United
States Code.
(f) Service of Process.--In an action brought under subsection (a),
process may be served in any district in which the defendant--
(1) is an inhabitant; or
(2) may be found.

SEC. 8. 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 active or
passive verification for the sale of contact lenses.
(2) With respect to the States that require active
verification, the practices of prescribers in complying with
State law, the effect of noncompliance, and the harm to
competition and consumers that results from noncompliance.
(3) With respect to the States that require active
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, including expiration dates. The
Commission shall consult the Food and Drug Administration on
this particular issue.
(6) The incidence, if any, of contact lens prescriptions
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 competition 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. 9. EFFECT ON OTHER LAW.

Except as provided in section 3, this Act does not affect any rule
or requirement administered by the Food and Drug Administration, any
State law that regulates the practice of medicine, persons authorized
to fit contact lenses, or the requirements of any contact lens
prescription.

SEC. 10. DEFINITIONS.

As used in this Act:
(1) Contact lens fitting.--The term ''contact lens
fitting'' means the process that begins after the initial eye
examination and ends when the prescriber 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
specifications;
(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 examinations.
(2) Prescriber.--The term ''prescriber'' means, with
respect to contact lens prescriptions, an ophthalmologist,
optometrist, or other person permitted under State law to issue
prescriptions for contact lenses in compliance with any
applicable requirements established by the Food and Drug
Administration.
(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 patient 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 prescription.

SEC. 11. EFFECTIVE DATE.

This Act shall take effect 30 days after the date of the enactment
of this Act.
Fairness to Contact Lens Consumers Act - Requires a "prescriber" (a person permitted under State law to issue prescriptions for contact lenses) to provide to the patient a copy of the patient's contact lens prescription free of charge.Declares that a contact lens prescription shall expire one year after the date of completion of the contact lens fitting if a State's law regarding contact lens prescriptions specifies an earlier date or if the State has no such specified date. Permits an exception for a patient's ocular health.Prohibits advertising that lenses for which a prescription is required may be obtained without a prescription. Prohibits a prescriber from issuing certain 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.Permits a State to bring a civil action in a district court of the United States for violations of this Act. Requires the attorney general of a State bringing suit to notify the Federal Trade Commission, unless such notification is unfeasible. Allows the Commission to intervene in cases in which it is notified, whereby it shall have the rights: (1) to be heard on any matter; and (2) to file a petition for appeal.