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II
117TH CONGRESS
1ST SESSION
S. 1784
To amend the Fairness to Contact Lens Consumers Act to modernize
verification of contact lens prescriptions, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 20, 2021
Ms. DUCKWORTH (for herself and Mr. BOOZMAN) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To amend the Fairness to Contact Lens Consumers Act
to modernize verification of contact lens prescriptions,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Contact Lens Prescrip-
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tion Verification Modernization Act’’.
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SEC. 2. AMENDMENTS.
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Section 4 of the Fairness to Contact Lens Consumers
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Act (15 U.S.C. 7603) is amended—
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(1) in subsection (a)—
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(A) by redesignating paragraphs (1) and
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(2) as subparagraphs (A) and (B), respectively,
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and adjusting the margins accordingly;
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(B) by striking ‘‘A seller may’’ and insert-
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ing the following:
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‘‘(1) SELLERS
GENERALLY.—A seller may’’;
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and
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(C) by adding at the end the following new
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paragraphs:
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‘‘(2) ONLINE
SELLERS.—An online seller of
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contact lenses shall provide a method that enables
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an individual to electronically transmit, in accord-
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ance with the HIPAA privacy regulation (as defined
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in section 1180(b)(3) of the Social Security Act (42
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U.S.C. 1320d–9(b)(3))), a copy of a contact lens
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prescription for such individual.
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‘‘(3) ENCRYPTION
REQUIRED.—Any protected
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health information (as defined for purposes of the
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HIPAA privacy regulation) that an online seller
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sends pursuant to this section by email shall be
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encrypted.’’;
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(2) in subsection (c)(6), by striking ‘‘and tele-
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phone number’’ and inserting the following: ‘‘, tele-
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phone number, and email address’’; and
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(3) in subsection (g), by striking the period at
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the end and inserting the following: ‘‘, but does not
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include a call made using an artificial or prerecorded
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voice.’’.
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