,,ii #aadth ,,congress #b;d ,session ,s4 #bggg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjaf ,mr4 ,cassidy 7for himself and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to modernize the prescription verification process for contact lenses1 to clarify consumer protections regarding false advertising of contact lenses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,contact ,lens ,consumer ,health ,protection ,act of #bjaf4 #b4 ,improvement of contact lens prescriber verification process 7a7 ,in general ,section #d of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfjc7 is amended-- 7#a7 in subsection 7c71 by adding at the end the following3 7#g7 ,a toll-free telephone number and email address for prescribers to call or email with questions relating to a verification request1 as required under subsection 7i74 2 7#b7 in subsection 7d77#c7-- 7,a7 by striking 1 or a similar time as defined by the ,federal ,trade ,commission12 7,b7 by inserting 7,a7 before ,the prescriber2 and 7,c7 by adding at the end the following3 7,b7 ,if a prescriber communicates a question or concern about the accuracy of the prescription1 or any other matter relating to the verification of the prescription1 to a seller through the toll-free telephone service or dedicated email address required under subsection 7i7 before such #h-;business-hour period has ended1 the prescription shall be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber4 2 7#c7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 7#d7 by amending subsection 7f71 as redesignated by paragraph 7#c71 to read as follows3 7f7 ,invalid prescriptions and questions concerning accuracy 7#a7 ,invalid prescriptions ,if a prescriber informs a seller before the deadline set forth in subparagraph 7,a7 of subsection 7d77#c7 that the contact lens prescription is inaccurate1 expired1 or otherwise invalid-- 7,a7 the seller shall not fill the prescription2 and 7,b7 the prescriber shall specify the basis for the inaccuracy or invalidity of the prescription4 7#b7 ,questions concerning accuracy ,if a prescriber communicates a question or concern about the accuracy of a prescription as described in subsection 7d77#c77;,b7 before the deadline set forth in such subsection-- 7,a7 the seller shall not fill the prescription2 and 7,b7 the prescriber shall provide the seller with an accurate prescription4 7#c7 ,correction ,in any case1 if the prescription communicated by the seller to the prescriber is inaccurate1 the prescriber shall correct it4 2 7#e7 by adding after subsection 7d7 the following3 7e7 ,prescriber preferred method of communication 7#a7 ,in general ,a prescriber may provide written notification to a seller requesting that all requests for verification from that seller be communicated to that prescriber by that prescriber's preferred method or methods of communication1 selected from among the methods of communication offered by the seller pursuant to paragraph 7#b74 7#b7 ,methods offered ,each seller shall offer a prescriber methods for communication for selection as the prescriber's preferred method or methods of communication under paragraph 7#a74 ,such offer-- 7,a7 shall include-- 7i7 live telephone2 7ii7 facsimile2 and 7iii7 email2 and 7,b7 may include such additional methods of communication as the seller considers appropriate4 7#c7 ,requirement ,in a case in which a prescriber1 pursuant to paragraph 7#a71 provides written notification to a seller indicating a preferred method or methods of communication as described in such paragraph1 the seller may only request verification from the prescriber through the method or methods indicated4 2 and 7#f7 by inserting after subsection 7h71 as redesignated by paragraph 7#c71 the following3 7i7 ,telephone service and dedicated email address 7#a7 ,in general ,a seller of contact lenses who requests verification of any contact lens prescription shall provide-- 7,a7 a toll-free telephone service that is operable during regular business hours and operated by live persons2 and 7,b7 a dedicated email address for the sole purpose of responding to prescribers' questions and concerns regarding verification requests4 7#b7 ,capacity ,such toll-free telephone service shall maintain a sufficient number of working telephone lines operated by live persons to enable ready access by prescribers to the service4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #c4 ,modification of prohibition on alteration of contact lens prescriptions 7a7 ,in general ,subsection 7f7 of section #d of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfjc7 is amended to read as follows3 7f7 ,no alteration 7#a7 ,in general ,a seller may not alter a contact lens prescription and when dispensing a contact lens prescription1 may only dispense such prescription exactly as written by the prescriber4 7#b7 ,private labels ,in a case in which a private label contact lens is included on the contact lens prescription and the same contact lens is manufactured by the same company and sold under multiple labels to individual providers1 the seller may fill the prescription with a contact lens of exactly the same material1 design1 and power as manufactured by that company under another label4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #d4 ,requirements for improved recordkeeping by sellers of contact lenses ,section #d7;b7 of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfjc7;b77 is amended-- 7#a7 by striking ,a seller and inserting the following3 7#a7 ,communications generally ,a seller 2 and 7#b7 by adding at the end the following3 7#b7 ,prescriptions ,each seller shall maintain a database that includes1 for each prescription received by a seller1 the following3 7,a7 ,the date on which the prescription was issued4 7,b7 ,the specified expiration date of the prescription4 7#c7 ,preferred methods of communication ,for each written notification that a seller receives under subsection 7e77#a71 the seller shall keep a copy of such notification for a period of not less than #c years4 4 #e4 ,prohibition on representation in advertising that prescriptions for contact lenses may be filled after expiration date ,section #f of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfje7 is amended-- 7#a7 by striking that contact and inserting the following3 8that-- 7#a7 contact 2 7#b7 in paragraph 7#a71 as designated by paragraph 7#a7 of this section1 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#b7 a prescription for a contact lens may be filled after the expiration date of the prescription4 4 #f4 ,increased penalties for sellers of contact lenses who violate requirements relating to prescriber verification 7a7 ,in general ,subsection 7b7 of section #i of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfjh7 is amended by striking the period at the end and inserting 1 except that fines imposed for a violation of section #d of this ,act may be in an amount up to #dj1jjj per violation44 7b7 ,clarification of applicability ,such section is further amended by adding at the end the following new subsection3 7c7 ,applicability ,this chapter shall apply to all sales of contact lenses in the ,united ,states and the sellers involved in such sales1 notwithstanding where the seller is located4 4 #g4 ,contact lens consumer compliance and safety study 7a7 ,study required ,the ,secretary of ,health and ,human ,services1 acting through the ,director of the ,centers for ,disease ,control and ,prevention1 shall conduct a study to examine the adverse and potentially adverse effects on consumers of violations by sellers of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfja et seq471 as amended by section #b1 particularly with respect to matters regarding prescription verification1 business practices1 and enforcement by the ,federal ,trade ,commission of such ,act4 7b7 ,elements ,the study required by subsection 7a7 shall specifically address the following3 7#a7 ,the overfilling of prescriptions with quantities of lenses such that the normal expiration dates of the prescriptions will be exceeded4 7#b7 ,the dispensing of prescriptions that have expired or are inaccurate4 7#c7 ,the failure by a seller to allow prescribers to contact the seller within #h business hours to advise that a prescription is inaccurate or expired4 7#d7 ,the health risks to the consumer of receiving an incorrect prescription from a seller1 or issues with patient access to the medically prescribed contact lenses4 7#e7 ,the economic risks to the consumer of receiving an incorrect prescription from a seller4 7#f7 ,the improper advertising to consumers about what constitutes a valid prescription or valid prescription information1 or advertising that no prescription is needed4 7#g7 ,such other matters regarding the effects on the health of the consumers from violations of the verification or sales requirements of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfja et seq47 as the ,secretary considers appropriate4 7c7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress and the ,federal ,trade ,commission a report on the study required by subsection 7a74 #h4 ,modification of definitions 7a7 ,in general ,section #aa of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfaj7 is amended-- 7#a7 in paragraph 7#c71 by amending subparagraph 7,e7 to read as follows3 7,e7 ,power1 material1 manufacturer1 or device name4 2 and 7#b7 by adding at the end the following3 7#d7 ,business hour ,the term business hour means1 with respect to a prescriber1 any hour during a business day within the period beginning at #i3jj in the morning and ending at #e3jj in the evening in the time zone of the prescriber4 7#e7 ,business day ,the term business day means any day other than ,saturday and ,sunday and other than a legal holiday 7within the meaning of section #gejc of the ,internal ,revenue ,code of #aihf74 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4