Submission Number: 560891-00698
Received: 10/27/2012 10:46:20 PM
Commenter: anthony kremer
Agency: Federal Trade Commission
Initiative: Request for Comments and Announcement of Workshop on Pet Medications Issues, Project No. P121201
Attachments: No Attachments
FTC – Pet Medications Issue
HR1406 would impose new stipulations on veterinary prescriptions. The bill requires a veterinarian to
1. Write a prescription whether or not he/she will dispense the product;
2. Provide a written disclosure notifying clients that they may fill prescriptions at the veterinary
clinic or at an off-site pharmacy; and
3. Verify a prescription electronically or by other means consistent with applicable state law.
Additionally, a veterinarian may not:
? Require the purchase of an animal drug for which the veterinarian has written a prescription;
? Charge a client a fee for writing a prescription as part of (or in addition to) the fee for
examination and evaluation of a pet; or
? Require a client to sign, or supply a client with, a waiver or liability disclaimer should the
prescription be inaccurately filled by an off-site pharmacy.
? AVMA has longstanding policy encouraging veterinarians to write a prescription in lieu of dispensing when requested by the client.
? AVMA’s guideline for prescription drugs is referenced in the Principles of Veterinary Medical Ethics of the AVMA
Key Points in Opposition:
The AVMA has serious concerns regarding the onerous regulatory burdens a mandate like this would create and believes there is no indication that there is a need for this legislation.
? AVMA believes HR1406 is redundant and will cause undue regulatory and administrative burdens on veterinary practices. It is burdensome and unnecessary to require a written prescription be provided, as well as a written notification that the prescription may be filled elsewhere, regardless of whether or not the client is having the prescription filled by the veterinarian.
? The provision requiring verification of prescriptions, regardless of whether the pharmacy is accredited or licensed, places the veterinarian in both a legal and ethical dilemma. At the same time, it puts consumers at risk.
? HR1406 encroaches on state jurisdiction; state pharmacy and veterinary practice laws already given compliance by veterinarians.
? Clients already have the flexibility to fill a prescription at their veterinary clinic or off-site at a pharmacy of their choice. The AVMA is supportive of a client’s right to choose where they have their prescription filled.
? AVMA believes that veterinarians are uniquely trained to provide the best professional guidance and education to pet owners when dispensing prescription products.