Fairness to Contact Lens Consumers Act
Encyclopedia
The Fairness to Contact Lens Consumers Act ' onMouseout='HidePop("14146")' href="/topics/United_States_Statutes_at_Large">Stat.
2025, 2026, 2027, 2028 and 2029, codified at et seq.), also known as FCLCA, is a United States federal law that aims improving consumer protection
and ocular
health for contact lens
users.
. 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 optician
s 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 waiver
s or releases
in exchange for a copy of their prescription, or disclaim liability
or responsibility for the accuracy of an eye examination.
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 hours after the order.
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 ). It took effect
on February 4, 2004.
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.
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
2025, 2026, 2027, 2028 and 2029, codified at et seq.), also known as FCLCA, is a United States federal law that aims improving consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
and ocular
Human eye
The human eye is an organ which reacts to light for several purposes. As a conscious sense organ, the eye allows vision. Rod and cone cells in the retina allow conscious light perception and vision including color differentiation and the perception of depth...
health for contact lens
Contact lens
A contact lens, or simply contact, is a lens placed on the eye. They are considered medical devices and can be worn to correct vision, for cosmetic or therapeutic reasons. In 2004, it was estimated that 125 million people use contact lenses worldwide, including 28 to 38 million in the United...
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 prescriptionEyeglass prescription
An eyeglass prescription is an order written by an eyewear prescriber, such as an optometrist or ophthalmologist, that specifies the value of all parameters the prescriber has deemed necessary to construct and/or dispense corrective lenses appropriate for a patient.If an examination indicates that...
. It also imposed certain responsibilities on lens prescribers and sellers, and required the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
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
Competition (economics)
Competition in economics is a term that encompasses the notion of individuals and firms striving for a greater share of a market to sell or buy goods and services...
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
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
to issue prescriptions for contact lenses, which include ophthalmologists, optometrists, and licensed optician
Optician
An optician is a person who is trained to fill prescriptions for eye correction in the field of medicine, also known as a dispensing optician or optician, dispensing...
s 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 waiver
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...
s or releases
Legal release
A legal release is a legal instrument that acts to terminate any legal liability between the releasor and the releasee, signed by the releasor. A release may also be made orally in some circumstances...
in exchange for a copy of their prescription, or disclaim liability
Liability
A liability can mean something that is a hindrance or puts an individual or group at a disadvantage, or something that someone is responsible for, or something that increases the chance of something occurring ....
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 hours after the order.
Legislative history
The ActAct of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
was introduced in the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
of the 108th Congress
108th United States Congress
The One Hundred Eighth United States Congress was the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives from January 3, 2003 to January 3, 2005, during the third and fourth years of George W. Bush's...
as H.R. 3140. Its long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
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
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on November 20, 2003, and was enacted when President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
signed it into law on December 6, 2003 as ). It took effect
Effective date
An effective date or as of date is the date upon which something is considered to take effect. This may be different from the date upon which the event actually occurs or is recorded....
on February 4, 2004.
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 CommissionFederal Trade CommissionThe Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
- 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