II 

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. 

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 2018’’. 

6 SEC. 2. APPLICABILITY. 

7 This Act shall only apply to medication for a domes8 ticated household animal that the Federal Government 

9 bars consumers from purchasing without a prescription. 


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

2 PRESCRIPTIONS. 

3 (a) REQUIREMENTS.—Not later than 180 days after 

4 the date of the enactment of this Act, the Federal Trade 

5 Commission shall promulgate rules in accordance with sec6 tion 553 of title 5, United States Code, that include the 

7 following requirements with regard to a veterinary pre8 scription: 

9 (1) IN GENERAL.—A requirement that the pre10 scriber of an animal drug shall— 

11 (A) whether or not requested by the pet 

12 owner, provide to the pet owner, before offering 

13 to fill or dispensing, a veterinary prescription, a 

14 copy of the veterinary prescription; and 

15 (B) provide a copy of the prescription, con16 sistent with applicable State law, if requested 

17 by a pharmacy or any other person designated 

18 to act on behalf of the pet owner. 

19 (2) PURCHASE, PAYMENT, AND WAIVER.—A re20 quirement that the prescriber of an animal drug— 

21 (A) may not— 

22 (i) require purchase of the animal 

23 drug for which the veterinary prescription 

24 was written from the prescriber or from 

25 another person as a condition of providing 

26 a copy of the veterinary prescription or 


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1 verifying such prescription under para2 graph (1); 

3 (ii) require payment in addition to, or 

4 as part of, the fee for an examination and 

5 evaluation as a condition of providing a 

6 copy of the veterinary prescription or 

7 verifying such prescription under para8 graph (1); or 

9 (iii) require the pet owner to sign a 

10 waiver or disclaim liability, or deliver to 

11 the pet owner a notice waiving or dis12 claiming liability of the prescriber for the 

13 accuracy of the veterinary prescription, as 

14 a condition of providing a copy of such 

15 prescription or verifying such prescription 

16 under paragraph (1); and 

17 (B) may require payment of fees for an ex18 amination and evaluation before providing a 

19 veterinary prescription, but only if the pre20 scriber requires immediate payment in the case 

21 of an examination that reveals no requirement 

22 for an animal drug. 

23 (b) ELECTRONIC OPTIONS.—The Federal Trade 

24 Commission shall ensure that the requirements promul25 gated under subparagraphs (A) and (B) of subsection 


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1 (a)(1) allow for the provision of copies of prescriptions by 

2 electronic or other means. 

3 SEC. 4. ENFORCEMENT. 

4 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 

5 violation of a rule prescribed pursuant to section 3 of this 

6 Act shall be treated as a violation of a rule defining an 

7 unfair or deceptive act or practice prescribed under section 

8 18(a)(1)(B) of the Federal Trade Commission Act (15 

9 U.S.C. 57a(a)(1)(B)). 

10 (b) POWERS OF COMMISSION.— 

11 (1) IN GENERAL.—The Federal Trade Commis12 sion shall enforce this Act in the same manner, by 

13 the same means, and with the same jurisdiction as 

14 though all applicable terms and provisions of the 

15 Federal Trade Commission Act (15 U.S.C. 41 et 

16 seq.) were incorporated into and made a part of this 

17 Act. 

18 (2) PRIVILEGES AND IMMUNITIES.—Any person 

19 who violates a rule prescribed pursuant to section 3 

20 of this Act shall be subject to the penalties and enti21 tled to the privileges and immunities provided in the 

22 Federal Trade Commission Act (15 U.S.C. 41 et 

23 seq.). 

24 SEC. 5. DEFINITIONS. 

25 In this Act: 


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

2 means a drug intended to be administered to an ani3 mal that may not be dispensed without a prescrip4 tion. 

5 (2) DOMESTICATED HOUSEHOLD ANIMAL.—The 

6 term ‘‘domesticated household animal’’ means a 

7 companion animal permitted under applicable State 

8 and local law to be kept in a home for noncommer9 cial purposes. 

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

11 means the legal owner of a domesticated household 

12 animal or a person designated by such owner to 

13 present such animal to the prescriber for care. 

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

15 means a health care practitioner who is licensed to 

16 practice veterinary medicine or other person per17 mitted under State law to issue prescriptions for 

18 animal drugs. 

19 (5) VETERINARY PRESCRIPTION.—The term 

20 ‘‘veterinary prescription’’— 

21 (A) means a written, oral, or electronic 

22 order from a prescriber authorizing the dis23 pensing of an animal drug for use by a domes24 ticated household animal and normally adminisVerDate Sep 11 2014 21:58 Apr 12, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2651.IS S2651

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1 tered to the animal by its owner, issued in ac2 cordance with State and Federal law; and 

3 (B) does not include an animal drug ad4 ministered by the veterinarian in the course of 

5 providing acute care. 

Æ 


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