PlainBillCongress, translated.Legislation. Context. Public interest.Congressional Research Service
Version 49 · Public Law · Dec 6, 2003
Fairness to Contact Lens Consumers Act - (Sec. 2) Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient with a copy of their contact lens prescription, whether or not requested by the patient, and verify the prescription's accuracy, or make necessary corrections, to a contact lens seller or any person designated by the patient. Prohibits a prescriber from: (1) requiring patients to purchase contact lenses from the prescriber; (2) charging an additional fee for a copy of the prescription; (3) requiring the patient to sign a waiver; and (4) disclaiming liability or responsibility for the accuracy of the eye examination.
(Sec. 3) Allows a prescriber to withhold the contact lens prescription until the prescriber receives payment or proof of insurance coverage only if the prescriber also requires immediate payment from a patient not needing any ophthalmic goods.
(Sec. 4) Allows a seller to fill a prescription for contact lenses only when: (1) a seller receives a contact lens prescription directly or by facsimile; (2) a seller verifies a prescription by direct communication with the prescriber; or (3) the prescriber fails to respond to the seller within eight business hours after being contacted by the seller with the prescription information. Requires a seller to maintain a record of all such communication with a patient or a prescriber.
Showing the opening paragraphs of the official summary.
(Sec. 5) Declares that a contact lens prescription shall expire on the date specified by the law of the State in which it is written, but not less than one year after the issue date of the prescription. Permits an exception for a patient's ocular health.
(Sec. 6) Prohibits advertising that represents that contact lenses may be obtained without a prescription.
(Sec. 8) Requires the Federal Trade Commission (FTC) to prescribe rules to carry out this Act.
(Sec. 9) States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
(Sec. 10) Requires the FTC to report to Congress on: (1) exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact such relationships have on competition; (2) differences between online and off-line sellers of contact lenses; (3) contact lens prescriptions that specify brand name and their impact on competition; (4) the FTC eyeglasses rule, its enforcement, and its impact on competition; and (5) any other issue that affects competition in the sale of contact lenses.
People & committees
Rep. Burr, Richard [R-NC-5] · R–NC
Legislative record
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Became Public Law No: 108-164.
Became Public Law No: 108-164.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Message on Senate action sent to the House.
Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S15310)
Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S15310)
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 12 (Roll no. 644).
House roll call 644 · Individual votesMotion to reconsider laid on the table Agreed to without objection.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 12 (Roll no. 644).
House roll call 644 · Individual votesConsidered as unfinished business. (consideration: CR H11595)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on H.R. 3140.
Considered under suspension of the rules. (consideration: CR H11561-11565; text of measure as reported in House: CR H11561-11562)
Mr. Burr moved to suspend the rules and pass the bill, as amended.
Placed on the Union Calendar, Calendar No. 192.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-318.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-318.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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Analyze H.R.3140 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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