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. 
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 2011’’. 
SEC. 2. RULES ON VETERINARY PRESCRIPTIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Federal Trade Commission shall promul-
gate rules in accordance with section 553 of title 5, United 
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States Code, that include the following requirements with 
regard to veterinary prescriptions: 
(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 a copy of the 
veterinary prescription and a written disclosure 
that the pet owner may fill the prescription 
through the prescriber (if available), or through 
another pharmacy determined by the pet owner; 
and 
(B) provide or verify the prescription by 
electronic or other means consistent with appli-
cable State law, if requested by any person des-
ignated 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 
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); 
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(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. 
SEC. 3. ENFORCEMENT. 
A violation of a rule prescribed pursuant to section 
2 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 
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(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. 4. PRESCRIBER VERIFICATION AND STATE LAW. 
Nothing in this Act shall preempt applicable State 
law with regard to verification of a veterinary prescription. 
SEC. 5. DEFINITIONS. 
As used 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’’ means a written, oral, or 
electronic order from a prescriber authorizing the 
dispensing of an animal drug for use by a domes-
ticated household animal, issued in accordance with 
State and Federal law. 
Æ 
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