I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness to Pet Own5 ers Act of 2011’’. 

6 SEC. 2. RULES ON VETERINARY PRESCRIPTIONS. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Federal Trade Commission shall promul9 gate rules in accordance with section 553 of title 5, United 


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1 States Code, that include the following requirements with 

2 regard to veterinary prescriptions: 

3 (1) IN GENERAL.—A requirement that the pre4 scriber of an animal drug shall— 

5 (A) whether or not requested by the pet 

6 owner, provide to the pet owner a copy of the 

7 veterinary prescription and a written disclosure 

8 that the pet owner may fill the prescription 

9 through the prescriber (if available), or through 

10 another pharmacy determined by the pet owner; 

11 and 

12 (B) provide or verify the prescription by 

13 electronic or other means consistent with appli14 cable State law, if requested by any person des15 ignated to act on behalf of the pet owner. 

16 (2) PURCHASE, PAYMENT, AND WAIVER.—A re17 quirement that the prescriber of an animal drug— 

18 (A) may not— 

19 (i) require purchase of the animal 

20 drug for which the veterinary prescription 

21 was written from the prescriber or from 

22 another person as a condition of providing 

23 a copy of the veterinary prescription or 

24 verifying such prescription under para25 graph (1); 


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1 (ii) require payment in addition to, or 

2 as part of, the fee for an examination and 

3 evaluation as a condition of providing a 

4 copy of the veterinary prescription or 

5 verifying such prescription under para6 graph (1); or 

7 (iii) require the pet owner to sign a 

8 waiver or disclaim liability, or deliver to 

9 the pet owner a notice waiving or dis10 claiming liability of the prescriber for the 

11 accuracy of the veterinary prescription, as 

12 a condition of providing a copy of such 

13 prescription or verifying such prescription 

14 under paragraph (1); and 

15 (B) may require payment of fees for an ex16 amination and evaluation before providing a 

17 veterinary prescription, but only if the pre18 scriber requires immediate payment in the case 

19 of an examination that reveals no requirement 

20 for an animal drug. 

21 SEC. 3. ENFORCEMENT. 

22 A violation of a rule prescribed pursuant to section 

23 2 of this Act shall be treated as a violation of a rule defin24 ing an unfair or deceptive act or practice prescribed under 

25 section 18(a)(1)(B) of the Federal Trade Commission Act 


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1 (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission 

2 shall enforce this Act in the same manner, by the same 

3 means, and with the same jurisdiction as though all appli4 cable terms and provisions of the Federal Trade Commis5 sion Act were incorporated into and made a part of this 

6 Act. 

7 SEC. 4. PRESCRIBER VERIFICATION AND STATE LAW. 

8 Nothing in this Act shall preempt applicable State 

9 law with regard to verification of a veterinary prescription. 

10 SEC. 5. DEFINITIONS. 

11 As used in this Act: 

12 (1) ANIMAL DRUG.—The term ‘‘animal drug’’ 

13 means a drug intended to be administered to an ani14 mal that may not be dispensed without a prescrip15 tion. 

16 (2) DOMESTICATED HOUSEHOLD ANIMAL.—The 

17 term ‘‘domesticated household animal’’ means a 

18 companion animal permitted under applicable State 

19 and local law to be kept in a home for noncommer20 cial purposes. 

21 (3) PET OWNER.—The term ‘‘pet owner’’ 

22 means the legal owner of a domesticated household 

23 animal or a person designated by such owner to 

24 present such animal to the prescriber for care. 


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1 (4) PRESCRIBER.—The term ‘‘prescriber’’ 

2 means a health care practitioner who is licensed to 

3 practice veterinary medicine or other person per4 mitted under State law to issue prescriptions for 

5 animal drugs. 

6 (5) VETERINARY PRESCRIPTION.—The term 

7 ‘‘veterinary prescription’’ means a written, oral, or 

8 electronic order from a prescriber authorizing the 

9 dispensing of an animal drug for use by a domes10 ticated household animal, issued in accordance with 

11 State and Federal law. 

Æ 


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