```

[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.
                                 <all>
```