15 U.S.C. § 7509 — Definitions

Page 2375 TITLE 15—COMMERCE AND TRADE § 7603 1 So in original. Probably should be ‘‘are’’. on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 7509. Definitions In this chapter: (1) Advisory Panel The term ‘‘Advisory Panel’’ means the Presi- dent’s National Nanotechnology Advisory Panel established or designated under section 7503 of this title. (2) Nanotechnology The term ‘‘nanotechnology’’ means the science and technology that will enable one to understand, measure, manipulate, and manu- facture at the atomic, molecular, and supramolecular levels, aimed at creating ma- terials, devices, and systems with fundamen- tally new molecular organization, properties, and functions. (3) Program The term ‘‘Program’’ means the National Nanotechnology Program established under section 7501 of this title. (4) Council The term ‘‘Council’’ means the National Science and Technology Council or an appro- priate subgroup designated by the Council under section 7501(c) of this title. (5) Advanced technology user facility The term ‘‘advanced technology user facil- ity’’ means a nanotechnology research and de- velopment facility supported, in whole or in part, by Federal funds that is open to all United States researchers on a competitive, merit-reviewed basis. (6) Program component area The term ‘‘program component area’’ means a major subject area established under section 7501(c)(2) of this title under which is 1 grouped related individual projects and activities car- ried out under the Program. (Pub. L. 108–153, § 10, Dec. 3, 2003, 117 Stat. 1931.) CHAPTER 102—FAIRNESS TO CONTACT LENS CONSUMERS Sec. 7601. Availability of contact lens prescriptions to patients. 7602. Immediate payment of fees in limited cir- cumstances. 7603. Prescriber verification. 7604. Expiration of contact lens prescriptions. 7605. Content of advertisements and other rep- resentations. 7606. Prohibition of certain waivers. 7607. Rulemaking by Federal Trade Commission. 7608. Violations. 7609. Study and report. 7610. Definitions. § 7601. Availability of contact lens prescriptions to patients (a) In general When a prescriber completes a contact lens fitting, the prescriber— (1) whether or not requested by the patient, shall provide to the patient a copy of the con- tact lens prescription; and (2) shall, as directed by any person des- ignated to act on behalf of the patient, provide or verify the contact lens prescription by elec- tronic or other means. (b) Limitations A prescriber may not— (1) require purchase of contact lenses from the prescriber or from another person as a con- dition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); (2) require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or (3) require the patient to sign a waiver or re- lease as a condition of verifying or releasing a prescription. (Pub. L. 108–164, § 2, Dec. 6, 2003, 117 Stat. 2024.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 108–164, § 12, Dec. 6, 2003, 117 Stat. 2028, pro- vided that: ‘‘This Act [enacting this chapter and provi- sions set out as a note below] shall take effect 60 days after the date of the enactment of this Act [Dec. 6, 2003].’’ SHORT TITLE Pub. L. 108–164, § 1, Dec. 6, 2003, 117 Stat. 2024, provided that: ‘‘This Act [enacting this chapter and provisions set out as a note above] may be cited as the ‘Fairness to Contact Lens Consumers Act’.’’ § 7602. Immediate payment of fees in limited cir- cumstances A prescriber may require payment of fees for an eye examination, fitting, and evaluation be- fore the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that re- veals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment. (Pub. L. 108–164, § 3, Dec. 6, 2003, 117 Stat. 2024.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after Dec. 6, 2003, see section 12 of Pub. L. 108–164, set out as a note under section 7601 of this title. § 7603. Prescriber verification (a) Prescription requirement A seller may sell contact lenses only in ac- cordance with a contact lens prescription for the patient that is— (1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication. (b) Record requirement A seller shall maintain a record of all direct communications referred to in subsection (a).