Fairness to Pet Owners Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1607 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 MARCH 7, 2019 Mr. CARTWRIGHT (for himself, Mr. BILIRAKIS, Mr. COLLINS of New York, and Mr. BISHOP of Utah) introduced the following bill; which was re- ferred 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fairness to Pet Own- 4 ers Act of 2019’’. 5 SEC. 2. APPLICABILITY. 6 This Act shall only apply to medication for a domes- 7 ticated household animal that the Federal Government 8 bars consumers from purchasing without a prescription. 9 VerDate Sep 11 2014 18:08 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1607.IH H1607 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1607 IH SEC. 3. PET OWNER RIGHTS TO COPIES OF VETERINARY 1 PRESCRIPTIONS. 2 Not later than 180 days after the date of the enact- 3 ment of this Act, the Federal Trade Commission shall pro- 4 mulgate rules in accordance with section 553 of title 5, 5 United States Code, that include the following require- 6 ments with regard to a veterinary prescription: 7 (1) IN GENERAL.—A requirement that estab- 8 lishes the rights of pet owners prescribed an animal 9 drug to receive a copy of the veterinary prescription, 10 without having to request a copy. 11 (2) ELECTRONIC OPTION.—The rights provided 12 for in paragraph (1)— 13 (A) may be satisfied by receipt of the pre- 14 scription by electronic or other means; and 15 (B) shall include the right to have a copy 16 of the prescription provided by electronic or 17 other means consistent with applicable State 18 law, if requested by a pharmacy or any other 19 person designated to act on behalf of the pet 20 owner. 21 (3) PURCHASE, PAYMENT, AND WAIVER.—A re- 22 quirement that the prescriber of an animal drug— 23 (A) may not— 24 (i) require purchase of the animal 25 drug for which the veterinary prescription 26 VerDate Sep 11 2014 18:08 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1607.IH H1607 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1607 IH was written from the prescriber or from 1 another person as a condition of providing 2 a copy of the veterinary prescription or 3 verifying such prescription under para- 4 graph (1); 5 (ii) require payment in addition to, or 6 as part of, the fee for an examination and 7 evaluation as a condition of providing a 8 copy of the veterinary prescription or 9 verifying such prescription under para- 10 graph (1); or 11 (iii) require the pet owner to sign a 12 waiver or disclaim liability, or deliver to 13 the pet owner a notice waiving or dis- 14 claiming liability of the prescriber for the 15 accuracy of the veterinary prescription, as 16 a condition of providing a copy of such 17 prescription or verifying such prescription 18 under paragraph (1); and 19 (B) may require payment of fees for an ex- 20 amination and evaluation before providing a 21 veterinary prescription, but only if the pre- 22 scriber requires immediate payment in the case 23 of an examination that reveals no requirement 24 for an animal drug. 25 VerDate Sep 11 2014 18:08 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1607.IH H1607 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1607 IH SEC. 4. ENFORCEMENT. 1 A violation of a rule prescribed pursuant to section 2 3 of this Act shall be treated as a violation of a rule defin- 3 ing an unfair or deceptive act or practice prescribed under 4 section 18(a)(1)(B) of the Federal Trade Commission Act 5 (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission 6 shall enforce this Act in the same manner, by the same 7 means, and with the same jurisdiction as though all appli- 8 cable terms and provisions of the Federal Trade Commis- 9 sion Act were incorporated into and made a part of this 10 Act. 11 SEC. 5. DEFINITIONS. 12 In this Act: 13 (1) ANIMAL DRUG.—The term ‘‘animal drug’’ 14 means a drug intended to be administered to an ani- 15 mal that may not be dispensed without a prescrip- 16 tion. 17 (2) DOMESTICATED HOUSEHOLD ANIMAL.—The 18 term ‘‘domesticated household animal’’ means a 19 companion animal permitted under applicable State 20 and local law to be kept in a home for noncommer- 21 cial purposes. 22 (3) PET OWNER.—The term ‘‘pet owner’’ 23 means the legal owner of a domesticated household 24 animal or a person designated by such owner to 25 present such animal to the prescriber for care. 26 VerDate Sep 11 2014 18:08 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1607.IH H1607 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1607 IH (4) PRESCRIBER.—The term ‘‘prescriber’’ 1 means a health care practitioner who is licensed to 2 practice veterinary medicine or other person per- 3 mitted under State law to issue prescriptions for 4 animal drugs. 5 (5) VETERINARY PRESCRIPTION.—The term 6 ‘‘veterinary prescription’’— 7 (A) means a written, oral, or electronic 8 order from a prescriber authorizing the dis- 9 pensing of an animal drug for use by a domes- 10 ticated household animal and normally adminis- 11 tered to the animal by its owner, issued in ac- 12 cordance with State and Federal law; and 13 (B) does not include an animal drug ad- 14 ministered by the veterinarian in the course of 15 providing acute care. 16 Æ VerDate Sep 11 2014 18:08 Mar 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1607.IH H1607 pamtmann on DSKBFK8HB2PROD with BILLS