Fairness to Contact Lens Consumers Act

The Fairness to Contact Lens Consumers Act (Pub. L.Tooltip Public Law (United States) 108–164 (text) (PDF), 117 Stat. 2025, 2026, 2027, 2028 and 2029, codified at 15 U.S.C. ch. 102 et seq.), also known as FCLCA, is a United States federal law that aims improving consumer protection and ocular health for contact lens users.

Provisions

The Act gives consumers certain rights, including increasing their ability to choose where to shop and the right to have a copy of their own contact lens prescription. It also imposed certain responsibilities on lens prescribers and sellers, and required the Federal Trade Commission to develop and enforce implementing rules, which it did in July 2004. The Act extended to contact lens wearers rights similar to those enjoyed by eyeglass wearers for 25 years before the adoption of the Act, especially in relation to ensuing competition in the market. The Act reduced barriers to retail competition, driving down prices for consumers (and improving ocular health because consumers are more apt to replace lenses more frequently).

Under the Rule issued by the FTC, contact lens prescribers - defined as anyone permitted under state law to issue prescriptions for contact lenses, which include ophthalmologists, optometrists, and licensed opticians who are permitted under state law to fit contact lenses (sometimes called dispensing opticians) must give a copy of the contact lens prescription to the patient at the end of the contact lens fitting, even if the patient doesn't ask for it. Prescribers must also provide or verify the contact lens prescription to anyone who designated to act on behalf of the patient, including contact lens sellers. Prescribers are also barred from requiring patients to buy contact lenses, pay additional fees, sign waivers or releases in exchange for a copy of their prescription, or disclaim liability or responsibility for the accuracy of an eye examination.

Contention

Prescribers may, within the law, require patients to buy contact lenses prior to prescribing, skirting the intent of the legislation, giving the prescriber at least one lens sale per year, or whenever a patient runs out of contacts, whichever is later, as prescriptions are only good for a year. For non-disposable contacts that often last more than a year this law has little benefit for the consumer, leaving the consumer to pay 300-900% over competitors prices.

Another concern a prescriber may exclaim is that they don't want to be liable for any defects in contacts provided by a third party, however the law specifically disclaims that liability.

Prescribers may also claim that a third party won't allow exchanges if the fit needs to be adjusted, however this is not usually the case.

Consumers may also order contacts during a business' off-hours with an expired prescription, but the prescription may still be filled, as stores may fill a contact prescription if no verification response is heard within eight business hours after the order.

Legislative history

The Act was introduced in the House of Representatives of the 108th Congress as H.R. 3140. Its long title is An act to provide for availability of contact lens prescriptions to patients, and for other purposes. It passed the House on November 19, 2003, and passed the Senate on November 20, 2003, and was enacted when President George W. Bush signed it into law on December 6, 2003 as Pub. L.Tooltip Public Law (United States) 108–164 (text) (PDF)). It took effect on February 4, 2004. Various organizations were provided the opportunity to comment and suggest changes to the FTC on March 31, 2004, including contentions over the stipulation relating to the time in which a prescriber needs to verify a lens prescription.. The final ruling on the law was released by the FTC in July 2004. In October 2004, the FTC released a A Guide for Prescribers and Sellers

The Act followed a surge in the use of contact lenses by Americans, which had been increasing ever since soft contact lenses became commercially available. The Act also followed a 1997 investigation by 17 state attorneys general found that purchasers of contact lenses from eye care practitioners had no fewer ocular health problems that purchasers of contact lenses from other sources.

External links

• Text of the Act from the Government Printing Office
• The Contact Lens Rule: A Guide for Prescribers and Sellers from the Federal Trade Commission
• Summary of the Act from 1-800-CONTACTS, a supporter of the legislation
• FAQ on the Act for optical care providers from the Mississippi State Board of Optometry