,,ii #aafth ,,congress #b;d ,session ,s4 #dfac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjbj,mr4 ,boozman 7for himself1 ,mr4 ,wicker1 ,mr4 ,inhofe1 and ,mr4 ,paul7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,fairness to ,contact ,lens ,consumers ,act to prevent certain automated calls and to require notice of the availability of contact lens prescriptions to patients1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,contact ,lens ,rule ,modernization ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,federal ,trade ,commission 7,,ftc7 has received over #i1jjj comments since #bjaf related to part #cae of title #af1 ,code of ,federal ,regulations 7commonly known as the ,contact ,lens ,rule71 including letters from over #ajj ,members of ,congress4 ,in addition1 the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives have included language #g times since #bjaf urging the ,,ftc to consider patient safety concerns or regulatory burdens in its rulemaking4 7#b7 ,the ,food and ,drug ,administration 7,,fda7 recorded over #a1jge contact lens-related corneal infections from #bjje to #bjae1 with #bj percent of those patients having permanent vision loss4 7#c7 ,over the last #bj years1 the contact lens marketplace has grown more competitive and diversified1 with many new and different types of sellers4 ,as a result1 automated phone calls as a means of passive verification of contact lens prescriptions have significantly increased since ,congress passed the ,fairness to ,contact ,lens ,consumers ,act 7,p4,l4 #ajh-afd7 in #bjjc1 becoming the primary method of verification used by online sellers4 7#d7 ,outlining several concerns1 the ,,ftc in its ,final ,notice of ,rulemaking1 published in the ,federal ,register on ,august #ag1 #bjbj1 stated that automated telephone calls are a commonly used method of verification4 ,moreover1 these calls impose a cost on prescribers1 and there are potential health risks to patients from incomplete and incomprehensible automated telephone requests4 ,the ,,ftc also acknowledged that it lacks enforcement capability related to automated calls1 stating the ,commission cannot reliably assess whether that call was compliant and further whether the seller has a pattern of non-compliant calls 7and selling after such calls744 7#e7 ,the ,,ftc has repeatedly acknowledged the ambiguity created by the lack of an explicit statutory ban on automated calls as a means of verification4 7#f7 ,from #bjaa to #bjaf1 out of about #bjj1jjj1jjj contact lens prescriptions written1 the ,,ftc received only #cji complaints1 resulting in #de letters to prescribers warning of potential ,contact ,lens ,rule violations4 7#g7 ,the ,,ftc's #bjbj ,final ,contact ,lens ,rule addresses prescription release concerns by significantly increasing the paperwork burden on optometrists and ophthalmologists1 requiring that eye care professionals keep a new record signed by the patient 7or digitally agreed to7 confirming the receipt of each of the #de1jjj1jjj contact lens prescriptions written each year4 7#h7 ,the vast majority of optometrists operate small businesses1 with over #hj percent of practices having less than #aj employees4 ,the paperwork burden in the ,,ftc's #bjbj ,final ,contact ,lens ,rule is estimated to cost each practice between #aj1jjj and #ah1jjj a year4 7#i7 ,the ,state of ,california requires prescribers to post a sign informing patients of their right to receive their prescription4 #c4 ,amendments to the ,fairness to ,contact ,lens ,consumers ,act 7a7 ,patient notification ,section #b7;a7 of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfja7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking and2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 shall post a conspicuous notice that1 upon the completion of a contact lens fitting1 the prescriber is required to provide a copy of the contact lens prescription to the patient4 4 7b7 ,patient confirmation of receipt of contact lens prescription ,section #b7;b7 of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfja7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking or after the semicolon2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#d7 require the patient to acknowledge any contact lens prescription release in writing or electronically4 4 7c7 ,prohibition on automated calls ,section #d of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfjc7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,direct communication 7#a7 ,in general ,as used in this section1 the term direct communication includes communication by telephone1 facsimile1 or electronic mail4 7#b7 ,clarification ,such term shall not include a telephone call made using an artificial or prerecorded voice message4 4 #d4 ,technical amendments ,section #d7;c77#f7 of the ,fairness to ,contact ,lens ,consumers ,act 7#ae ,u4,s4,c4 #gfjc7;c77#f77 is amended by inserting and electronic mail address after telephone number4