Contact Lens Legislation Controversy — What You Need to Know

Contact Lens Legislation Controversy — What You Need to Know

A piece of legislation recently introduced in the U.S. Senate has the organizations, manufacturers and doctors that make up the contact lens industry picking sides. The proposed law spurred the formation of a new contact lens coalition and even has one company changing its pricing policy.

To bring you up to speed, here's a look at how this story has been unfolding and some tips on how to talk about it in a positive way with patients who ask you about it. 

The Controversy

On April 11, 2016, Senator Bill Cassidy, MD (R-La.) introduced Senate Bill 2777, the Contact Lens Consumer Health Protection Act of 2016 (CLCHPA). The goal of the bill is to "modernize the prescription verification process for contact lenses, to clarify consumer protections regarding false advertising of contact lenses, and for other purposes.”

The new bill looks to modify portions of the 2004 Fairness to Contact Lens Consumers Act (FCLCA) that gives consumers certain rights when purchasing contact lenses and imposes certain duties on contact lens prescribers and sellers that the Federal Trade Commission (FTC) develops and enforces.

The American Optometric Association publicly announced its support of CLCHPA, saying it would provide more effective Federal enforcement of contact lens patient health, provide safeguards for prescription verification, and hold contact lens sellers accountable by putting into place things such as a live patient safety hotline letting doctors provide patient health information to contact lens sellers and an increased infraction fine for sellers.

However, other institutions have come forward in opposition of the new bill, including 1-800 Contacts and Costco Wholesale Corporation. According to 1-800 Contacts, CLCHPA would "reduce choice, increase costs and jeopardize eye health" as it would require optometrists and contact lens sellers to communicate directly during the prescription verification process. And Costco stated its belief the bill would make it more difficult for consumers to purchase contact lenses from companies like theirs that may offer them at lower prices than eye doctor offices.

Companies Take a Stand

At the same time as the introduction of CLCHPA, some contact lens manufacturers have decided to either change their Universal Product Pricing (UPP) or reiterate their commitment to them.

Last week, Johnson & Johnson Vision Care announced it would be discontinuing its UPP and replacing it with new programs — such as a patient reward program — that would "ensure broad access and support the needs of patients, doctors and customers."

Earlier this week, Bausch + Lomb (B+L) sent out a letter to ECPs stating the company would stay committed to its UPP as it encourages ECPs to take the time to learn about its products and allows B+L to provide customer service related to its UPP products.

An article in Vision Monday earlier this week stated both CooperVision and Alcon had also reaffirmed their support for their respective UPP policies.

And the recent controversy has also sparked the formation of the Coalition for Contact Lens Consumer Choice, which will reportedly oppose CLCHPA. Initial members of the group include 1-800 Contacts, Costco Wholesale and Lens.com.

What Does This Mean for You?

As we are only at the beginning of the Senate bill process, there is still some time before CLCHPA will either pass into law or fail, which means this story will continue to be talked about. In fact, the story has received coverage from large media outlets such as the Wall Street Journal and CNN.

Companies and organizations are not the only ones making their voices heard on where they stand on this issue. As of the time we published this article, there were more than 35,000 digital signatures on a petition urging Congress to reject CLCHPA.

So what should you do as an ECP in case a patient begins to ask questions? First, make sure to be educated enough about the topic that you have a basic understanding of what CLCHPA is and is not so you can answer questions your patients may have.

When talking to patients, regardless of how you feel about the topic it’s important to stay neutral and just present the facts. However, this can give you a great opportunity to talk to your patients about how as their ECP you can provide them with everything they need for a great contact lens experience.  Here are some examples:

  • Contact lenses are a medical device and as your ECP, it’s my duty to make sure you are fit and prescribed with the contact lenses that are right for you.
  • It is also important that as my patient you are properly trained to handle and clean your contact lenses. Do you have any questions on their care that I can answer for you?
  • Whether you choose to purchase lenses through my office or from elsewhere, I am always here to answer your questions, help you properly wear your lenses and care for your eyes.

 

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