[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2651 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2651

To promote competition and help consumers save money by giving them the 
freedom to choose where they buy prescription pet medications, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2018

Mr. Blumenthal (for himself and Mr. Lee) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To promote competition and help consumers save money by giving them the 
freedom to choose where they buy prescription pet medications, 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 
2018''.

SEC. 2. APPLICABILITY.

    This Act shall only apply to medication for a domesticated 
household animal that the Federal Government bars consumers from 
purchasing without a prescription.

SEC. 3. PET OWNER RIGHTS TO COPIES OF VETERINARY PRESCRIPTIONS.

    (a) Requirements.--Not later than 180 days after the date of the 
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 a veterinary 
prescription:
            (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, before offering to fill or 
                dispensing, a veterinary prescription, a copy of the 
                veterinary prescription; and
                    (B) provide a copy of the prescription, consistent 
                with applicable State law, if requested by a pharmacy 
                or any other 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.
    (b) Electronic Options.--The Federal Trade Commission shall ensure 
that the requirements promulgated under subparagraphs (A) and (B) of 
subsection (a)(1) allow for the provision of copies of prescriptions by 
electronic or other means.

SEC. 4. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of a rule 
prescribed pursuant to section 3 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)).
    (b) Powers of Commission.--
            (1) In general.--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 (15 U.S.C. 41 et seq.) were 
        incorporated into and made a part of this Act.
            (2) Privileges and immunities.--Any person who violates a 
        rule prescribed pursuant to section 3 of this Act shall be 
        subject to the penalties and entitled to the privileges and 
        immunities provided in the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.).

SEC. 5. DEFINITIONS.

    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''--
                    (A) means a written, oral, or electronic order from 
                a prescriber authorizing the dispensing of an animal 
                drug for use by a domesticated household animal and 
                normally administered to the animal by its owner, 
                issued in accordance with State and Federal law; and
                    (B) does not include an animal drug administered by 
                the veterinarian in the course of providing acute care.
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