HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 1 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 2 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 3 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 4 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (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 HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 5 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 6 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-00 Page 7 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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