Florida 2022 2022 Regular Session

Florida House Bill H0723 Introduced / Bill

Filed 11/23/2021

                       
 
HB 723  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to medical treatment of animals; 2 
amending s. 474.202, F.S.; providing a definition; 3 
creating s. 474.2021, F.S.; authorizing the use of 4 
veterinary telemedicine; requiring a veterinarian to 5 
establish a veterinarian/client/patient relationship 6 
to practice veterinary telemedicine; authorizing a 7 
veterinarian to prescribe controlled substances under 8 
specified circumstances; providing licensure 9 
requirements to practice veterinary telemedicine; 10 
providing jurisdiction of the Board of Veterinary 11 
Medicine; amending s. 474.203, F.S.; providing an 12 
exception to who may immunize or treat an animal for 13 
certain diseases; amending s. 474.214, F.S.; revising 14 
grounds for disciplinary action against a 15 
veterinarian; amending s. 828.30, F.S.; authorizing 16 
certain employees, agents, or contractors to 17 
administer rabies vaccinations under certain 18 
circumstances; defining the term "indirect 19 
supervision"; providing that a supervising 20 
veterinarian assumes responsibility for any person 21 
working under or at his or her directio n and 22 
supervision; authorizing a veterinarian who indirectly 23 
supervises the administration of the rabies 24 
vaccination to affix his or her signature stamp in 25     
 
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lieu of an actual signature on the rabies vaccination 26 
certificate; providing an effective date. 27 
 28 
Be It Enacted by the Legislature of the State of Florida: 29 
 30 
 Section 1.  Subsection (13) is added to section 474.202, 31 
Florida Statutes, to read: 32 
 474.202  Definitions. —As used in this chapter: 33 
 (13)  "Veterinary telemedicine" means the use of 34 
synchronous telecommunication technology by a veterinarian who 35 
has access to and has reviewed the patient's relevant medical 36 
records to provide veterinary services, including, but not 37 
limited to, consultation, evaluation, diagnosis, and treatment 38 
of a patient; transf er of medical records; and exchange of 39 
information with a client. 40 
 Section 2.  Section 474.2021, Florida Statutes, is created 41 
to read: 42 
 474.2021  Veterinary telemedicine. — 43 
 (1)  A veterinarian may practice veterinary telemedicine. 44 
 (2)  A veterinarian pr acticing veterinary telemedicine 45 
shall take appropriate steps to establish the 46 
veterinarian/client/patient relationship and provide quality of 47 
care consistent with the prevailing professional standards of 48 
care for a veterinarian. 49 
 (3)  A veterinarian may p rescribe controlled substances 50     
 
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only if the veterinarian: 51 
 (a)  Has previously performed an in -person physical 52 
examination of the patient or made medically appropriate and 53 
timely visits to the premises where the animal is kept; or 54 
 (b)  For a terminal patie nt that is transferred to the 55 
veterinarian for hospice care by a veterinarian who has 56 
previously performed an in -person physical examination of the 57 
patient or made medically appropriate and timely visits to the 58 
premises where the animal is kept, has review ed the patient's 59 
medical records. 60 
 (4)  A veterinarian must hold a current license to practice 61 
veterinary medicine in this state in order to practice 62 
veterinary telemedicine. The practice of veterinary medicine is 63 
deemed to occur at the premises where the patient is located at 64 
the time the veterinarian practices veterinary telemedicine. 65 
 (5)  The board has jurisdiction over a veterinarian 66 
practicing veterinary telemedicine in this state, regardless of 67 
where the veterinarian's physical office is located. The 68 
practice of veterinary telemedicine in accordance with this 69 
section is not a standard of care violation, and a veterinarian 70 
may not be disciplined solely for practicing veterinary 71 
telemedicine. 72 
 Section 3.  Paragraph (a) of subsection (5) of section 73 
474.203, Florida Statutes, is amended to read: 74 
 474.203  Exemptions. —This chapter does not apply to: 75     
 
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 (5)(a)  Any person, or the person's regular employee, 76 
administering to the ills or injuries of her or his own animals, 77 
including, but not limited to, castration, spaying, and 78 
dehorning of herd animals, unless title is transferred or 79 
employment provided for the purpose of circumventing this law. 80 
This exemption does not apply to any person licensed as a 81 
veterinarian in another state or foreign jurisdiction and 82 
practicing temporarily in this state. However, except as 83 
provided in s. 828.30, only a veterinarian may immunize or treat 84 
an animal for diseases that are communicable to humans and that 85 
are of public health significance. 86 
 87 
For the purposes of chapters 465 and 893, persons exempt 88 
pursuant to subsection (1), subsection (2), or subsection (4) 89 
are deemed to be duly licensed practitioners authorized by the 90 
laws of this state to prescribe drugs or medicinal supplies. 91 
 Section 4.  Paragraph (y) of subsection (1) of section 92 
474.214, Florida Statutes, is amended to read: 93 
 474.214  Disciplinary proceedings. — 94 
 (1)  The following acts shall constitute grounds for which 95 
the disciplinary actions in subsection (2) may be taken: 96 
 (y)  Using the privilege of ordering, prescribing, or 97 
making available medicinal drugs or drugs as defined in chapter 98 
465, or controlled substa nces as defined in chapter 893, for use 99 
other than for the specific treatment of animal patients for 100     
 
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which there is a documented veterinarian/client/patient 101 
relationship. Pursuant thereto, The veterinarian shall: 102 
 1.  Have sufficient knowledge of the anima l to initiate at 103 
least a general or preliminary diagnosis of the medical 104 
condition of the animal, which means that the veterinarian is 105 
personally acquainted with the keeping and caring of the animal 106 
and has recently performed an examination of the animal o r group 107 
of animals either physically in person or by the use of 108 
instrumentation and diagnostic equipment through which images 109 
and medical records may be transmitted electronically seen the 110 
animal or has made medically appropriate and timely visits to 111 
the premises where the animal is kept. 112 
 2.  Be available or provide for followup care and treatment 113 
in case of adverse reactions or failure of the regimen of 114 
therapy. 115 
 3.  Maintain records which document patient visits, 116 
diagnosis, treatment, and other relevant information required 117 
under this chapter. 118 
 Section 5.  Subsections (1) and (3) of section 828.30, 119 
Florida Statutes, are amended to read: 120 
 828.30  Rabies vaccination of dogs, cats, and ferrets. — 121 
 (1)(a)  Except as provided in paragraph (b), all dogs, 122 
cats, and ferrets 4 months of age or older must be vaccinated by 123 
a licensed veterinarian against rabies with a vaccine that is 124 
licensed by the United States Department of Agriculture for use 125     
 
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in those species. 126 
 (b)  An employee, agent, or contractor of an animal control 127 
authority acting under the indirect supervision of a 128 
veterinarian may vaccinate impounded animals that will be 129 
transferred, rescued, fostered, adopted, or reclaimed by the 130 
owner. As used in this paragraph, the term "indirect 131 
supervision" means the supervising veterinarian must be 132 
available for consultation through telecommunications but is not 133 
required to be on the premises during such consultation. The 134 
supervising veterinarian assumes responsibility for the 135 
veterinary care provided to the animal b y any person working 136 
under or at his or her direction and supervision. 137 
 (c) The owner of every dog, cat, and ferret shall have the 138 
animal revaccinated 12 months after the initial vaccination. 139 
Thereafter, the interval between vaccinations shall conform to 140 
the vaccine manufacturer's directions. The cost of vaccination 141 
must be borne by the animal's owner. Evidence of circulating 142 
rabies virus neutralizing antibodies may shall not be used as a 143 
substitute for current vaccination in managing rabies exposure 144 
or determining the need for booster vaccinations. 145 
 (3)  Upon vaccination against rabies, the licensed 146 
veterinarian shall provide the animal's owner and the animal 147 
control authority with a rabies vaccination certificate. Each 148 
animal control authority and veterin arian shall use the "Rabies 149 
Vaccination Certificate" of the National Association of State 150     
 
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Public Health Veterinarians (NASPHV) or an equivalent form 151 
approved by the local government that contains all the 152 
information required by the NASPHV Rabies Vaccinatio n 153 
Certificate. The veterinarian who administers the rabies 154 
vaccination, or who indirectly supervises an employee, agent, or 155 
contractor of an animal control authority who administers the 156 
rabies vaccination, vaccine to an animal as required under this 157 
section may affix his or her signature stamp in lieu of an 158 
actual signature on the rabies vaccination certificate . 159 
 Section 6.  This act shall take effect July 1, 2022. 160