Sec. 2. Improvement of contact lens prescriber verification process
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Section 4 of the Fairness to Contact Lens Consumers Act ( 15 U.S.C. 7603 ) is amended— in subsection (c), by adding at the end the following: A toll-free telephone number and email address for prescribers to call or email with questions relating to a verification request, as required under subsection (i). ; in subsection (d)(3)— by striking , or a similar time as defined by the Federal Trade Commission, ; by inserting
(A)before The prescriber ; and by adding at the end the following: If a prescriber communicates a question or concern about the accuracy of the prescription, or any other matter relating to the verification of the prescription, to a seller through the toll-free telephone service or dedicated email address required under subsection
(i)before such 8-business-hour period has ended, the prescription shall be considered unverified until the seller obtains affirmative confirmation of the accuracy of the prescription from the prescriber. ; by redesignating subsections
(e)through
(g)as subsections
(f)through (h), respectively; by amending subsection (f), as redesignated by paragraph (3), to read as follows: If a prescriber informs a seller before the deadline set forth in subparagraph
(A)of subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid— the seller shall not fill the prescription; and the prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If a prescriber communicates a question or concern about the accuracy of a prescription as described in subsection (d)(3)(B) before the deadline set forth in such subsection— the seller shall not fill the prescription; and the prescriber shall provide the seller with an accurate prescription. In any case, if the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it. ; by adding after subsection
(d)the following: 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 communication, selected from among the methods of communication offered by the seller pursuant to paragraph (2). Each seller shall offer a prescriber methods for communication for selection as the prescriber's preferred method or methods of communication under paragraph (1). Such offer— shall include— live telephone; facsimile; and email; and may include such additional methods of communication as the seller considers appropriate. In a case in which a prescriber, pursuant to paragraph (1), provides written notification to a seller indicating a preferred method or methods of communication as described in such paragraph, the seller may only request verification from the prescriber through the method or methods indicated. ; and by inserting after subsection (h), as redesignated by paragraph (3), the following: A seller of contact lenses who requests verification of any contact lens prescription shall provide— a toll-free telephone service that is operable during regular business hours and operated by live persons; and a dedicated email address for the sole purpose of responding to prescribers’ questions and concerns regarding verification requests. 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 service. . The amendments made by subsection
(a)shall take effect on the date that is 180 days after the date of the enactment of this Act.
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Sec. 2
Improvement of contact lens prescriber verification process
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