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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 direction and 22
supervision; authorizing a veterinarian who indirectly 23
supervises the administration of the rabies 24
vaccination to affix his or her signature stam p 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 service s, including, but not 37
limited to, consultation, evaluation, diagnosis, and treatment 38
of a patient; transfer 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 practicing 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 prescribe 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 medica lly appropriate and 53
timely visits to the premises where the animal is kept; or 54
(b) For a terminal patient 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 reviewed 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 sol ely 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
is in compliance with s. 474.2021(3), and has recently seen the 107
animal or has made medically appropriate and timely visits to 108
the premises where the animal is kept. 109
2. Be available or provide for followup care and treatment 110
in case of adverse reactions or failure of the regimen of 111
therapy. 112
3. Maintain records which document patient visits, 113
diagnosis, treatment, and other relevant information required 114
under this chapter. 115
Section 5. Subsections (1) and (3) of section 828.30, 116
Florida Statutes, are amended to read: 117
828.30 Rabies vaccination of dogs, cats, and ferrets.— 118
(1)(a) Except as provided in paragraph (b), all dogs, 119
cats, and ferrets 4 months of age or older must be vaccinated by 120
a licensed veterinarian against rabies with a vaccine that is 121
licensed by the United States Department of Agriculture for use 122
in those species. 123
(b) An employee, agent, or contractor of an animal control 124
authority acting under the indirect supervision of a 125
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veterinarian may vaccinate impounded animals that will be 126
transferred, rescued, fostered, adopted, or reclaimed by the 127
owner. As used in this paragraph, the term "indirect 128
supervision" means the supervising veterinarian must be 129
available for consultation through telecommunications but is not 130
required to be on the premises during such consultation. The 131
supervising veterinar ian assumes responsibility for the 132
veterinary care provided to the animal by any person working 133
under or at his or her direction and supervision. 134
(c) The owner of every dog, cat, and ferret shall have the 135
animal revaccinated 12 months after the initial v accination. 136
Thereafter, the interval between vaccinations shall conform to 137
the vaccine manufacturer's directions. The cost of vaccination 138
must be borne by the animal's owner. Evidence of circulating 139
rabies virus neutralizing antibodies may shall not be used as a 140
substitute for current vaccination in managing rabies exposure 141
or determining the need for booster vaccinations. 142
(3) Upon vaccination against rabies, the licensed 143
veterinarian shall provide the animal's owner and the animal 144
control authority with a rabies vaccination certificate. Each 145
animal control authority and veterinarian shall use the "Rabies 146
Vaccination Certificate" of the National Association of State 147
Public Health Veterinarians (NASPHV) or an equivalent form 148
approved by the local government that contains all the 149
information required by the NASPHV Rabies Vaccination 150
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Certificate. The veterinarian who administers the rabies 151
vaccination, or who indirectly supervises an employee, agent, or 152
contractor of an animal control authority who administers the 153
rabies vaccination, vaccine to an animal as required under this 154
section may affix his or her signature stamp in lieu of an 155
actual signature on the rabies vaccination certificate . 156
Section 6. This act shall take effect July 1, 2022. 157