[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5472 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5472
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.
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IN THE HOUSE OF REPRESENTATIVES
April 11, 2018
Mr. Collins of New York (for himself and Mr. Cartwright) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
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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.
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 establishes the rights
of pet owners prescribed an animal drug to receive a copy of
the veterinary prescription, without having to request a copy.
(2) Electronic option.--The rights provided for in
paragraph (1)--
(A) may be satisfied by receipt of the prescription
by electronic or other means; and
(B) shall include the right to have a copy of the
prescription provided by electronic or other means
consistent with applicable State law, if requested by a
pharmacy or any other person designated to act on
behalf of the pet owner.
(3) 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. 4. ENFORCEMENT.
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)). 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. 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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