I 
115TH CONGRESS 
1ST SESSION 
H. R. 623 
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 
JANUARY 24, 2017 
Mr. CHAFFETZ (for himself, Mr. CLEAVER, Mr. JONES, and Mr. CART-
WRIGHT) introduced the following bill; which was referred to the Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness to Pet Own-
ers Act of 2017’’. 
SEC. 2. APPLICABILITY. 
This Act shall only apply to medication for a domes-
ticated household animal that the Federal Government 
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prevents consumers from purchasing without a prescrip-
tion. 
SEC. 3. RULES ON VETERINARY PRESCRIPTIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Federal Trade Commission shall pro-
mulgate rules in accordance with section 553 of title 5, 
United States Code, that include the following require-
ments with regard to a veterinary prescription: 
(1) IN GENERAL.—A requirement that the pre-
scriber of an animal drug shall— 
(A) whether or not requested by the pet 
owner, provide to the pet owner, before offering 
to fill or dispensing a veterinary prescription, a 
copy of the veterinary prescription, including by 
electronic or other means; and 
(B) provide a copy of the prescription by 
electronic or other means consistent with appli-
cable State law, if requested by a pharmacy or 
any other person designated to act on behalf of 
the pet owner. 
(2) PURCHASE, PAYMENT, AND WAIVER.—A re-
quirement that the prescriber of an animal drug— 
(A) may not— 
(i) require purchase of the animal 
drug for which the veterinary prescription 
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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 para-
graph (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 para-
graph (1); or 
(iii) require the pet owner to sign a 
waiver or disclaim liability, or deliver to 
the pet owner a notice waiving or dis-
claiming 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 ex-
amination and evaluation before providing a 
veterinary prescription, but only if the pre-
scriber requires immediate payment in the case 
of an examination that reveals no requirement 
for an animal drug. 
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SEC. 4. ENFORCEMENT. 
A violation of a rule prescribed pursuant to section 
3 of this Act shall be treated as a violation of a rule defin-
ing 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 appli-
cable terms and provisions of the Federal Trade Commis-
sion Act were incorporated into and made a part of this 
Act. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) ANIMAL DRUG.—The term ‘‘animal drug’’ 
means a drug intended to be administered to an ani-
mal that may not be dispensed without a prescrip-
tion. 
(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 noncommer-
cial 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. 
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(4) 
PRESCRIBER.—The 
term 
‘‘prescriber’’ 
means a health care practitioner who is licensed to 
practice veterinary medicine or other person per-
mitted under State law to issue prescriptions for 
animal drugs. 
(5) VETERINARY
PRESCRIPTION.—The term 
‘‘veterinary prescription’’— 
(A) means a written, oral, or electronic 
order from a prescriber authorizing the dis-
pensing of an animal drug for use by a domes-
ticated household animal and normally adminis-
tered to the animal by its owner, issued in ac-
cordance with State and Federal law; and 
(B) does not include an animal drug ad-
ministered by the veterinarian in the course of 
providing acute care. 
Æ 
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