HR 2221

SB0149A.pdf
HR 2218
HR 2221
HB 502

To provide for availability of contact lens prescriptions to patients,
                        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 ``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, 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 or verification of a prescription under subsection
        (a);
            (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); or
            (3) require the patient to sign a waiver or release as a
        condition of verifying or releasing a prescription.

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 issue date of the
        prescription;
            (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.

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 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.

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. 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


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