II 

114TH CONGRESS 

1ST SESSION S. 1200 

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 

MAY 6, 2015 

Mr. BLUMENTHAL (for himself, Mr. LEE, and Mr. SCHUMER) 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 2015’’. 

6 SEC. 2. APPLICABILITY. 

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


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1 prevents consumers from purchasing without a prescrip2 tion. 

3 SEC. 3. RULES ON VETERINARY PRESCRIPTIONS. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Federal Trade Commission shall pro6 mulgate rules in accordance with section 553 of title 5, 

7 United States Code, that include the following require8 ments with regard to a veterinary prescription: 

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, including by 

15 electronic or other means; 

16 (B) provide a copy of the prescription by 

17 electronic or other means consistent with appli18 cable State law, if requested by a pharmacy or 

19 any other person designated to act on behalf of 

20 the pet owner; and 

21 (C) upon request by a pharmacy or any 

22 other person designated to act on behalf of the 

23 pet owner, verify the prescription. 

24 (2) PURCHASE, PAYMENT, AND WAIVER.—A re25 quirement that the prescriber of an animal drug— 


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1 (A) may not— 

2 (i) require purchase of the animal 

3 drug for which the veterinary prescription 

4 was written from the prescriber or from 

5 another person as a condition of providing 

6 a copy of the veterinary prescription or 

7 verifying such prescription under para8 graph (1); 

9 (ii) require payment in addition to, or 

10 as part of, the fee for an examination and 

11 evaluation as a condition of providing a 

12 copy of the veterinary prescription or 

13 verifying such prescription under para14 graph (1); or 

15 (iii) require the pet owner to sign a 

16 waiver or disclaim liability, or deliver to 

17 the pet owner a notice waiving or dis18 claiming liability of the prescriber for the 

19 accuracy of the veterinary prescription, as 

20 a condition of providing a copy of such 

21 prescription or verifying such prescription 

22 under paragraph (1); and 

23 (B) may require payment of fees for an ex24 amination and evaluation before providing a 

25 veterinary prescription, but only if the preVerDate Sep 11 2014 06:24 May 13, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1200.IS S1200

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1 scriber requires immediate payment in the case 

2 of an examination that reveals no requirement 

3 for an animal drug. 

4 SEC. 4. ENFORCEMENT. 

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

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

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

8 unfair or deceptive act or practice prescribed under section 

9 18(a)(1)(B) of the Federal Trade Commission Act (15 

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

11 (b) POWERS OF COMMISSION.— 

12 (1) IN GENERAL.—The Federal Trade Commis13 sion shall enforce this Act in the same manner, by 

14 the same means, and with the same jurisdiction as 

15 though all applicable terms and provisions of the 

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

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

18 Act. 

19 (2) PRIVILEGES AND IMMUNITIES.—Any person 

20 who violates a rule prescribed pursuant to section 3 

21 of this Act shall be subject to the penalties and enti22 tled to the privileges and immunities provided in the 

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

24 seq.). 


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1 SEC. 5. DEFINITIONS. 

2 In this Act: 

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

4 means a drug intended to be administered to an ani5 mal that may not be dispensed without a prescrip6 tion. 

7 (2) DOMESTICATED HOUSEHOLD ANIMAL.—The 

8 term ‘‘domesticated household animal’’ means a 

9 companion animal permitted under applicable State 

10 and local law to be kept in a home for noncommer11 cial purposes. 

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

13 means the legal owner of a domesticated household 

14 animal or a person designated by such owner to 

15 present such animal to the prescriber for care. 

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

17 means a health care practitioner who is licensed to 

18 practice veterinary medicine or other person per19 mitted under State law to issue prescriptions for 

20 animal drugs. 

21 (5) VETERINARY PRESCRIPTION.—The term 

22 ‘‘veterinary prescription’’— 

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

24 order from a prescriber authorizing the dis25 pensing of an animal drug for use by a domes26 ticated household animal and normally adminisVerDate Sep 11 2014 06:24 May 13, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1200.IS S1200

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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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