Prepared Witness Testimony

The House Committee on Energy and Commerce

Fairness to Contact Lens Consumers Act

Subcommittee on Commerce, Trade, and Consumer Protection
September 9, 2003

 

Prepared Statement of The Honorable Cliff Stearns

The Subcommittee will come to order. Without objection, the Subcommittee will proceed pursuant to Committee Rule 4(e). So ordered. The Chair recognizes himself for an opening statement.

Welcome to this afternoon's hearing on H.R. 2221, the "Fairness to Contact Lens Consumers Act" introduced by the Committee's Vice Chairman, Congressman Richard Burr. Although Congressman Burr is not a member of the Commerce, Trade and Consumer Protection subcommittee, I am pleased to see that he is joining us.

Today, 36 million Americans wear contact lenses. With advances in technology, consumers are offered a myriad of options for eye care, from disposable lenses used for just one day, to lenses that can be used for a month, to lenses that can be used for a year.

As the contact lens business has grown, so have the available outlets for buying contact lenses. Today, a consumer can go to Walmart or Costco, the Internet or to mail order companies to purchase their lenses. With such intense competition, contact lenses have become more affordable, making them more accessible and available to more consumers.

To buy and wear contact lenses, however, a consumer must have a prescription from a licensed doctor or optometrist. It is at this point where the market has seen competitive obstacles erected that can make purchasing contact lenses from third party sellers more difficult.

In my home state of Florida, a patient is entitled to a copy of his or her prescription if they request it. But around the country, as we will learn today, contact lens prescription release does not always happen as it should.

We are fortunate to have with us Maria Martinez, a consumer who will share with the subcommittee her challenging experiences trying to get a copy of her contact lens prescription. As her story will illustrate, some eye doctors will refuse to release prescriptions, or will condition release on the purchase of contact lenses from the doctor's practice. Clearly, these are anticompetitive practices that limit options and increase prices. H.R. 2221 is designed to eliminate this market-altering practice.

In order for consumers to be best served, there should be responsibilities and commitments made by both sides of the prescription release transaction. Doctors should freely give patients their contact lens prescription and should promptly verify such prescriptions, and third party sellers should accurately provide patient information and allow a reasonable time for verification.

This bill is a step toward making the contact lens landscape truly competitive. Consumers deserve that. I look forward to hearing from our witnesses today.

I yield back my time.

Printer Friendly