[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1406 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1406
To provide pet owners the ability to receive a copy of veterinary
prescriptions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2011
Mr. Matheson (for himself and Mr. Terry) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide pet owners the ability to receive a copy of veterinary
prescriptions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Pet Owners Act of
2011''.
SEC. 2. RULES ON VETERINARY PRESCRIPTIONS.
Not later than 180 days after the date of enactment of this Act,
the Federal Trade Commission shall promulgate rules in accordance with
section 553 of title 5, United States Code, that include the following
requirements with regard to veterinary prescriptions:
(1) In general.--A requirement that the prescriber of an
animal drug shall--
(A) whether or not requested by the pet owner,
provide to the pet owner a copy of the veterinary
prescription and a written disclosure that the pet
owner may fill the prescription through the prescriber
(if available), or through another pharmacy determined
by the pet owner; and
(B) provide or verify the prescription by
electronic or other means consistent with applicable
State law, if requested by any person designated to act
on behalf of the pet owner.
(2) Purchase, payment, and waiver.--A requirement that the
prescriber of an animal drug--
(A) may not--
(i) require purchase of the animal drug for
which the veterinary prescription was written
from the prescriber or from another person as a
condition of providing a copy of the veterinary
prescription or verifying such prescription
under paragraph (1);
(ii) require payment in addition to, or as
part of, the fee for an examination and
evaluation as a condition of providing a copy
of the veterinary prescription or verifying
such prescription under paragraph (1); or
(iii) require the pet owner to sign a
waiver or disclaim liability, or deliver to the
pet owner a notice waiving or disclaiming
liability of the prescriber for the accuracy of
the veterinary prescription, as a condition of
providing a copy of such prescription or
verifying such prescription under paragraph
(1); and
(B) may require payment of fees for an examination
and evaluation before providing a veterinary
prescription, but only if the prescriber requires
immediate payment in the case of an examination that
reveals no requirement for an animal drug.
SEC. 3. ENFORCEMENT.
A violation of a rule prescribed pursuant to section 2 of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal
Trade Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction as though all applicable terms
and provisions of the Federal Trade Commission Act were incorporated
into and made a part of this Act.
SEC. 4. PRESCRIBER VERIFICATION AND STATE LAW.
Nothing in this Act shall preempt applicable State law with regard
to verification of a veterinary prescription.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Animal drug.--The term ``animal drug'' means a drug
intended to be administered to an animal that may not be
dispensed without a prescription.
(2) Domesticated household animal.--The term ``domesticated
household animal'' means a companion animal permitted under
applicable State and local law to be kept in a home for
noncommercial purposes.
(3) Pet owner.--The term ``pet owner'' means the legal
owner of a domesticated household animal or a person designated
by such owner to present such animal to the prescriber for
care.
(4) Prescriber.--The term ``prescriber'' means a health
care practitioner who is licensed to practice veterinary
medicine or other person permitted under State law to issue
prescriptions for animal drugs.
(5) Veterinary prescription.--The term ``veterinary
prescription'' means a written, oral, or electronic order from
a prescriber authorizing the dispensing of an animal drug for
use by a domesticated household animal, issued in accordance
with State and Federal law.
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