Page:United States Statutes at Large Volume 117.djvu/2043

 117 STAT. 2024

PUBLIC LAW 108–164—DEC. 6, 2003

Public Law 108–164 108th Congress An Act Dec. 6, 2003 [H.R. 3140] Fairness to Contact Lens Consumers Act. 15 USC 7601 note. 15 USC 7601.

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 PATIENTS.

OF

CONTACT

LENS

PRESCRIPTIONS

TO

(a) IN GENERAL.—When a prescriber completes a contact lens fitting, the 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 under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); (2) require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or (3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription. 15 USC 7602.

SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIRCUMSTANCES.

A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment. 15 USC 7603.

SEC. 4. PRESCRIBER VERIFICATION.

(a) PRESCRIPTION REQUIREMENT.—A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is—

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