November 10, 2008
Fairness to Contact Lens Consumers Act — Part 2
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HOW THE FARINESS TO CONTACT LENS CONSUMERS ACT WORKS
As I mentioned in my last post, I am an attorney and co-owner of www.clecontactlenses.com. In that post, I began telling you about the Fairness to Contact Lens Consumers Act, which was implemented by Congress in 2004 to help ensure competition in the market for online replacement contact lenses. In this post, I would like to tell you about how the Act is structured and your rights under the law.
First, the Act provides that a contact lens prescriber must provide the patient with a copy of the prescription, whether or not the prescription is requested, and must also cooperate in verifying the prescription to anyone who requests a verification on the patient’s behalf (including an online lens retailer). The prescriber cannot require the patient to purchase lenses from the prescriber or charge the patient any fee for the prescription or a verification thereof.
Next, the Act states that a contact lens retailer can only sell lenses to a patient upon presentation by the patient of a valid prescription, or upon verification of the patient’s prescription from the prescriber. Here is where the “anti-stonewalling” provision takes effect. In order to avoid the situation where a prescriber simply refuses to respond to the retailer’s request for verification, the Act states that if the prescriber fails to respond to the request within eight (8) business hours, then the prescription is deemed to be accurate and may be filled by the retailer. Of course, if the prescriber responds by confirming the prescription, or correcting any inaccuracies in it, then the prescription is also deemed to be verified.
Under the Act, if, within the eight (8) business hours mentioned above, the prescriber informs the retailer that the prescription is “inaccurate, expired, or otherwise invalid,” then the retailer “shall not fill the prescription” unless a new, valid prescription is provided or verified.
There are also provisions for the period of time after which a prescription for lenses is deemed to expire. This period of time cannot be less than one year, regardless of the provisions of any state law to the contrary, unless the prescriber documents a medical reason for having the prescription expire in less than one year. This segment of the Act prevents states from favoring local prescribers by having prescriptions expire too quickly, thus forcing patients back to the prescriber for a new prescription. Such a policy by the state would abrogate the purposes of the Act.
Another measure of protection for the consumer is added by the Act in a provision that states that contact lens retailers, manufacturers and distributors “may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription.”
Thus, the Fairness to Contact Lens Consumers Act creates a balance, protecting the lens wearer from pricing monopolies by allowing free competition in the sale of replacement lenses while keeping safeguards in place to ensure that lenses are only provided pursuant to a valid prescription.
Before you choose an online lens retailer, be sure they are familiar with the provisions of the law, and that they are in compliance. Failure to do so is a risk that is not worth taking.
For a copy of the Act, see www.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00007601—-000-.html.
Tags: Contact Lenses
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It’s great to have options on where I purchase my contact lenses. My Eye Doctor though he is very good doctor, his prices for contacts are a bit unreasonable. It’s great to have a web-site like clecontactlenses.com to purchase
contacts at a fair and reasonable price.
There are few online contact lens companies out there that are bringing its clients as much relevant and interesting informtation on the industry. Thank you.
My eye doctor was dragging his feet to give fax my prescription to clecontactlenses where I found the lowest price. He wanted to force me to buy contact lenses from him. But this law says if the doctor doesnt send it you can still get the contact lenses from your choice of retailers.
I read an online article that featured the actual price differential between what the averate eye doctor charges for contact lenses vs. what the average, registered, reputable online contact lens retailer charges. With the current economic conditions out there, I don’t see why I would pay $25-$30 for the same focus dailies or acuvue contact lenses that I can get online for 20-40% less !
Curious to know what the legislation was like, if any, prior to the fairness to contact lens wearers act was passed. Contact lens and eye wear are huge markets.
Great advice. Do you know if it is required for them to post on the site that they are in compliance with the provisions of this law? If not i will contact the retailer directly. Thanks
I would be interested in any pieces of legislation proposed or in effect that relate to contact lenses and consumers rights to purchase lenses and eye wear online.
Clecontactlenses is a site we are associated with. We work hard to bring you the best prices and service on the internet. We are a company built and owned by eye doctors and the difference between our site and others is experience.
Do You sell any products for dry eyes?
Great post and this deals with my rights as a consumer to buy my focus dailies contact lenses anywhere I want.
Personally I think the 8 hours that the dr. Has to respond should be phased out as well, I feel if I get my prescription, I should be able to log on to the site and order my contact lenses at that moment. Why do I have to wait 8 hours for the dr to respond it?
I’d have to agree. I’d rather not wait 8 hours to get my contact lens prescription filled. I guess I am used to immediate gratification, thanks in large part to the internet. It’s unbelievable to not have to leave my home and have my contact lenses, solutions and lens cases sent right to my door.
People are unbelievable. They can’t wait 8 hours to get their contact lenses ? I don’t mind waiting. What I do mind is my eye doctor trying to charge me almost double what I pay when I buy my focus dailies online.
I can wait a few hours for my lenses but I am annoyed I have to do this after the Dr. ha swritten the prescription.
I am ecstatic that I can buy online as I do save money by doing so.