I 

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. 

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 

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 Not later than 180 days after the date of the enact4 ment of this Act, the Federal Trade Commission shall pro5 mulgate rules in accordance with section 553 of title 5, 

6 United States Code, that include the following require7 ments with regard to a veterinary prescription: 

8 (1) IN GENERAL.—A requirement that estab9 lishes the rights of pet owners prescribed an animal 

10 drug to receive a copy of the veterinary prescription, 

11 without having to request a copy. 

12 (2) ELECTRONIC OPTION.—The rights provided 

13 for in paragraph (1)— 

14 (A) may be satisfied by receipt of the pre15 scription by electronic or other means; and 

16 (B) shall include the right to have a copy 

17 of the prescription provided by electronic or 

18 other means consistent with applicable State 

19 law, if requested by a pharmacy or any other 

20 person designated to act on behalf of the pet 

21 owner. 

22 (3) PURCHASE, PAYMENT, AND WAIVER.—A re23 quirement that the prescriber of an animal drug— 

24 (A) may not— 

25 (i) require purchase of the animal 

26 drug for which the veterinary prescription 


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1 was written from the prescriber or from 

2 another person as a condition of providing 

3 a copy of the veterinary prescription or 

4 verifying such prescription under para5 graph (1); 

6 (ii) require payment in addition to, or 

7 as part of, the fee for an examination and 

8 evaluation as a condition of providing a 

9 copy of the veterinary prescription or 

10 verifying such prescription under para11 graph (1); or 

12 (iii) require the pet owner to sign a 

13 waiver or disclaim liability, or deliver to 

14 the pet owner a notice waiving or dis15 claiming liability of the prescriber for the 

16 accuracy of the veterinary prescription, as 

17 a condition of providing a copy of such 

18 prescription or verifying such prescription 

19 under paragraph (1); and 

20 (B) may require payment of fees for an ex21 amination and evaluation before providing a 

22 veterinary prescription, but only if the pre23 scriber requires immediate payment in the case 

24 of an examination that reveals no requirement 

25 for an animal drug. 


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1 SEC. 4. ENFORCEMENT. 

2 A violation of a rule prescribed pursuant to section 

3 3 of this Act shall be treated as a violation of a rule defin4 ing an unfair or deceptive act or practice prescribed under 

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

6 (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission 

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

8 means, and with the same jurisdiction as though all appli9 cable terms and provisions of the Federal Trade Commis10 sion Act were incorporated into and made a part of this 

11 Act. 

12 SEC. 5. DEFINITIONS. 

13 In this Act: 

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

15 means a drug intended to be administered to an ani16 mal that may not be dispensed without a prescrip17 tion. 

18 (2) DOMESTICATED HOUSEHOLD ANIMAL.—The 

19 term ‘‘domesticated household animal’’ means a 

20 companion animal permitted under applicable State 

21 and local law to be kept in a home for noncommer22 cial purposes. 

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

24 means the legal owner of a domesticated household 

25 animal or a person designated by such owner to 

26 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’’— 

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

9 order from a prescriber authorizing the dis10 pensing of an animal drug for use by a domes11 ticated household animal and normally adminis12 tered to the animal by its owner, issued in ac13 cordance with State and Federal law; and 

14 (B) does not include an animal drug ad15 ministered by the veterinarian in the course of 

16 providing acute care. 

Æ 


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