A New Prescription for Contact Lens Competition

Sometimes, I get so angry at Big Government that I can’t see straight. In the case of contact lenses, Big Government is actually driving up the cost for Americans to see correctly!

That’s because the regulators treat contact lens prescriptions differently from eye glasses, resulting in less competition and higher prices for contact lens wearers.

Puns aside, this is a major issue. In many states, consumers have difficulty getting a copy of their prescription, which limits their ability to purchase from volume discounters, Internet retailers, and other contact lens providers. This is in direct contrast to the market for eyeglasses, which has seen dramatic growth from alternative providers since eyeglass prescription release was mandated more than 20 years ago.

That’s why Congressman Richard Burr has introduced H.R. 2221, the “Fairness to Contact Lens Consumers Act of 2003.” CSE believes that this bill would eliminate the uncertainty consumers face when obtaining their contact lens prescription from eye-care professionals. Moreover, H.R. 2221 would greatly improve competition in the contact lens market, which would benefit consumers through greater product choice and lower prices.

Importantly, H.R. 2221 protects consumer interests by eliminating this regulatory uncertainty and harmonizes eyeglass and contact lens laws by requiring eye care professionals to provide patients with their contact lens prescriptions. H.R. 2221 also prohibits eye-care professionals from forcing consumers to purchase contact lens from the prescriber as a condition of obtaining their prescription.

All told, H.R. 2221 would promote competition in the contact lens market. The bill mandates that once the eye examination has taken place, the prescription should be given to the patient – without conditions or further fees – to encourage competition in the market for contact lenses.

This would not only increase availability of contact lenses and lower prices for consumers, but could also contribute to better optical health. Most studies indicate the most important health factor for contact lens wearers is the frequency with which they change their disposable contact lenses. And the greater access they have to affordable contact lenses, the more often they will purchase and change their contact lenses.

Just how the prescription is released is important as well. In states such as Texas, state laws require “positive verification,” which means that the eye-care professional must respond to a retailer’s request before the prescription can be filled. This process has frustrated many consumers, due to delays and requests that may simply be ignored. Without a response, outside retailers cannot fill the prescription request, forcing consumers to deal with only one retailer—their optometrist. A better approach is the use of “passive verification,” where the retailer forwards the prescription to the optometrist for verification. If the retailer does not hear any objections within a predetermined time period, the prescription is assumed to be correct and the lenses are sent to the consumer. California has adopted this approach and it serves consumers well.

CSE’s mission is to put a stop to the bureaucratic nightmare of government red tape. We want to end burdensome government regulation and rely on the marketplace as an efficient regulator of business activity. CSE hopes that the House of Representatives will see clearly and embrace H.R. 2221, and to that end, CSE is educating and mobilizing our members to show their support for consumer choice and contact lens competition.

Key Action

May 22, 2003 H.R. 2221 introduced by Rep. Richard Burr (R-NC).

Sept. 9, 2003 CSE Texas Director Peggy Venable testifies before Congress on the issue.

Contact Congress Now!