Contact Lens Prescription Release Act of 2001 (Introduced in the House)

HR 2663 IH

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 Representatives of the United States of America in Congress
assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Contact Lens Prescription 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
section 553 of title 5, United States Code, to require that a prescriber shall, upon completion of the contact lens fitting
process for a patient--

(1) provide to the patient a copy of the prescriber'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 patient, including by electronic means, the information contained in
such a prescription.

(b) EXPIRATION OF PRESCRIPTION- The amendment under subsection (a) shall also provide that any contact lens
prescription shall expire 2 years after the date it is issued, unless the prescriber specifies in the prescription for a patient a
different expiration date based on the medical judgment of the prescriber with respect to the patient'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 REGARDING 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 section
553 of title 5, United States Code, to make it an unfair trade practice for any industry member to publish, or cause to be
published, any advertisement or sales presentation 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 presentations regarding contact lenses .

SEC. 5. DEFINITIONS.

For purposes of this Act:

(1) COMPLETION OF THE CONTACT LENS FITTING PROCESS- The term `completion of the contact
lens fitting process' means completion of the process that--

(A) begins after the initial eye examination;

(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 prescription, 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 manufacture,
processing, assembly, sale, offering for sale, or distribution of contact lenses .

(3) PRESCRIBER- The term `prescriber' means an ophthalmologist or optometrist who performs 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 patient's eyes; and

(B) a clear notation that the patient is suitable for contact lenses .




The above document is from the US House of Representative
legislation by Pete Stark.