15 U.S.C. § 7601

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 7601 - Availability of contact lens prescriptions to patients

(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 U.S.C. § 7601

Pub. L. 108-164, §2, Dec. 6, 2003, 117 Stat. 2024.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE Pub. L. 108-164, §12, Dec. 6, 2003, 117 Stat. 2028, provided that: "This Act [enacting this chapter and provisions set out as a note below] shall take effect 60 days after the date of the enactment of this Act [Dec. 6, 2003]."

SHORT TITLE Pub. L. 108-164, §1, Dec. 6, 2003, 117 Stat. 2024, provided that: "This Act [enacting this chapter and provisions set out as a note above] may be cited as the 'Fairness to Contact Lens Consumers Act'."

contact lens prescription

The term "contact lens prescription" means a prescription, issued in accordance with State and Federal law, that contains sufficient information for the complete and accurate filling of a prescription, including the following:(A) Name of the patient.(B) Date of examination.(C) Issue date and expiration date of prescription.(D) Name, postal address, telephone number, and facsimile telephone number of prescriber.(E) Power, material or manufacturer or both.(F) Base curve or appropriate designation.(G) Diameter, when appropriate.(H) In the case of a private label contact lens, name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name.

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.