FL
Florida House Bill H0723

Florida 2022 Regular Session

Florida House Bill H0723 Compare Versions

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1010 FL 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
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1414 A bill to be entitled 1
1515 An act relating to medical treatment of animals; 2
16-amending s. 474.202, F.S.; defining the term 3
17-"veterinary telemedicine"; creating s. 474.2021, F.S.; 4
18-authorizing the use of veterinary telemedicine; 5
19-requiring a veterinarian to establish a 6
20-veterinarian/client/patient relationship to practice 7
21-veterinary telemedicine; authorizing a veterinarian 8
22-practicing veterinary telemedicine to order, 9
23-prescribe, or make available certain drugs or 10
24-controlled substances under specified circumstances; 11
25-prohibiting a veterinarian practicing veterinary 12
26-telemedicine from ordering, prescribing, or making 13
27-available specified controlled substances; providing 14
28-an exception; providing licensure requirements to 15
29-practice veterinary telemedicine; providing 16
30-jurisdiction of the Board of Veteri nary Medicine; 17
31-amending s. 474.203, F.S.; providing an exception to 18
32-who may immunize or treat an animal for certain 19
33-diseases; amending s. 474.214, F.S.; revising grounds 20
34-for disciplinary action against a veterinarian; 21
35-amending s. 828.30, F.S.; authorizing certain 22
36-employees, agents, or contractors to administer rabies 23
37-vaccinations under certain circumstances; defining the 24
38-term "indirect supervision"; providing that a 25
16+amending s. 474.202, F.S.; providing a definition; 3
17+creating s. 474.2021, F.S.; authorizing the use of 4
18+veterinary telemedicine; requiring a veterinarian to 5
19+establish a veterinarian/client/patient relationship 6
20+to practice veterinary telemedicine; authorizing a 7
21+veterinarian to prescribe controlled substances under 8
22+specified circumstances; providing licensure 9
23+requirements to practice veterinary telemedicine; 10
24+providing jurisdiction of the Board of Veterinary 11
25+Medicine; amending s. 474.203, F.S.; providing an 12
26+exception to who may immunize or treat an animal for 13
27+certain diseases; amending s. 474.214, F.S.; revising 14
28+grounds for disciplinary action against a 15
29+veterinarian; amending s. 828.30, F.S.; authorizing 16
30+certain employees, agents, or contractors to 17
31+administer rabies vaccinations under certain 18
32+circumstances; defining the term "indirect 19
33+supervision"; providing that a supervising 20
34+veterinarian assumes responsibility for any person 21
35+working under or at his or her direction and 22
36+supervision; authorizing a veterinarian who indirectly 23
37+supervises the administration of the rabies 24
38+vaccination to affix his or her signature stam p in 25
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4747 FL 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
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51-supervising veterinarian assumes responsibility for 26
52-any person working under or at his or he r direction 27
53-and supervision; authorizing a veterinarian who 28
54-indirectly supervises the administration of the rabies 29
55-vaccination to affix his or her signature stamp in 30
56-lieu of an actual signature on the rabies vaccination 31
57-certificate; providing an effective date. 32
58- 33
59-Be It Enacted by the Legislature of the State of Florida: 34
60- 35
61- Section 1. Subsection (13) is added to section 474.202, 36
62-Florida Statutes, to read: 37
63- 474.202 Definitions. —As used in this chapter: 38
64- (13) "Veterinary telemedicine" means the use of 39
65-synchronous telecommunication technology by a veterinarian who 40
66-has access to and has reviewed the patient's relevant medical 41
67-records to provide veterinary services, including, but not 42
68-limited to, consultation, evaluation, diagnosis, and treatment 43
69-of a patient; transfer of medical records; and exchange of 44
70-information with a client. 45
71- Section 2. Section 474.2021, Florida Statutes, is created 46
72-to read: 47
73- 474.2021 Veterinary telemedicine. — 48
74- (1) A veterinarian may practice veterinary telemedicine. 49
75- (2) A veterinarian practicing veterinary telemedicine 50
51+lieu of an actual signature on the rabies vaccination 26
52+certificate; providing an effective date. 27
53+ 28
54+Be It Enacted by the Legislature of the State of Florida: 29
55+ 30
56+ Section 1. Subsection (13) is added to section 474.202, 31
57+Florida Statutes, to read: 32
58+ 474.202 Definitions.—As used in this chapter: 33
59+ (13) "Veterinary telemedicine" means the use of 34
60+synchronous telecommunication technology by a veterinarian who 35
61+has access to and has reviewed the patient's relevant medical 36
62+records to provide veterinary service s, including, but not 37
63+limited to, consultation, evaluation, diagnosis, and treatment 38
64+of a patient; transfer of medical records; and exchange of 39
65+information with a client. 40
66+ Section 2. Section 474.2021, Florida Statutes, is created 41
67+to read: 42
68+ 474.2021 Veterinary telemedicine. — 43
69+ (1) A veterinarian may practice veterinary telemedicine. 44
70+ (2) A veterinarian practicing veterinary telemedicine 45
71+shall take appropriate steps to establish the 46
72+veterinarian/client/patient relationship and provide quality of 47
73+care consistent with the prevailing professional standards of 48
74+care for a veterinarian. 49
75+ (3) A veterinarian may prescribe controlled substances 50
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8484 FL 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
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88-shall take appropriate steps to establish the 51
89-veterinarian/client/patient relationship and provide quality of 52
90-care consistent with the prevailing professional standards of 53
91-care for a veterinarian. 54
92- (3) A veterinarian practicing veterinary telemedicine may 55
93-order, prescribe, or make available medicinal drugs or drugs as 56
94-defined in chapter 465. 57
95- (4) A veterinarian practicing veterinary telemedicine may 58
96-order, prescribe, or make available controlled substances as 59
97-defined in chapter 893, except as provided in subsection (5), if 60
98-the veterinarian has previously performed an in -person physical 61
99-examination of the patient or made medically appropriate and 62
100-timely visits to the premises where the animal is kept. 63
101- (5) A veterinarian practicing veterinary telemedicine may 64
102-not use veterinary telemedicine to order, prescribe, or make 65
103-available controlled substances listed in Schedule II of s. 66
104-893.03 unless the controlled substance is ordered, prescribed, 67
105-or made available for the treatment of a terminal patient that 68
106-is transferred to the veterinarian practicing veterinary 69
107-telemedicine for hospice services by a veterinarian who has 70
108-previously performed an in -person physical examination of the 71
109-patient or made medically appropriate a nd timely visits to the 72
110-premises where the animal is kept and the veterinarian 73
111-practicing veterinary telemedicine has reviewed the patient's 74
112-medical records. 75
88+only if the veterinarian: 51
89+ (a) Has previously performed an in -person physical 52
90+examination of the patient or made medica lly appropriate and 53
91+timely visits to the premises where the animal is kept; or 54
92+ (b) For a terminal patient that is transferred to the 55
93+veterinarian for hospice care by a veterinarian who has 56
94+previously performed an in -person physical examination of the 57
95+patient or made medically appropriate and timely visits to the 58
96+premises where the animal is kept, has reviewed the patient's 59
97+medical records. 60
98+ (4) A veterinarian must hold a current license to practice 61
99+veterinary medicine in this state in order to practice 62
100+veterinary telemedicine. The practice of veterinary medicine is 63
101+deemed to occur at the premises where the patient is located at 64
102+the time the veterinarian practices veterinary telemedicine. 65
103+ (5) The board has jurisdiction over a veterinarian 66
104+practicing veterinary telemedicine in this state, regardless of 67
105+where the veterinarian's physical office is located. The 68
106+practice of veterinary telemedicine in accordance with this 69
107+section is not a standard of care violation, and a veterinarian 70
108+may not be disciplined sol ely for practicing veterinary 71
109+telemedicine. 72
110+ Section 3. Paragraph (a) of subsection (5) of section 73
111+474.203, Florida Statutes, is amended to read: 74
112+ 474.203 Exemptions. —This chapter does not apply to: 75
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121121 FL 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
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125- (6) A veterinarian must hold a current license to practice 76
126-veterinary medicine in this state in order to practice 77
127-veterinary telemedicine. The practice of veterinary medicine is 78
128-deemed to occur at the premises where the patient is located at 79
129-the time the veterinarian practices veterinary telemedicine. 80
130- (7) The board has jurisdiction over a veterinar ian 81
131-practicing veterinary telemedicine in this state, regardless of 82
132-where the veterinarian's physical office is located. The 83
133-practice of veterinary telemedicine in accordance with this 84
134-section is not a standard of care violation, and a veterinarian 85
135-may not be disciplined solely for practicing veterinary 86
136-telemedicine. 87
137- Section 3. Paragraph (a) of subsection (5) of section 88
138-474.203, Florida Statutes, is amended to read: 89
139- 474.203 Exemptions. —This chapter does not apply to: 90
140- (5)(a) Any person, or the person's regular employee, 91
141-administering to the ills or injuries of her or his own animals, 92
142-including, but not limited to, castration, spaying, and 93
143-dehorning of herd animals, unless title is transferred or 94
144-employment provided for the purpose of circumventing this law. 95
145-This exemption does not apply to any person licensed as a 96
146-veterinarian in another state or foreign jurisdiction and 97
147-practicing temporarily in this state. However, except as 98
148-provided in s. 828.30, only a veterinarian may immunize or treat 99
149-an animal for diseases that are communicable to humans and that 100
125+ (5)(a) Any person, or the person's regular employee, 76
126+administering to the ills or injuries of her or his own animals, 77
127+including, but not limited to, castration, spaying, and 78
128+dehorning of herd animals, unless title is transferred or 79
129+employment provided for the purpose of circumventing this law. 80
130+This exemption does not apply to any person licensed as a 81
131+veterinarian in another state or foreign jurisdiction and 82
132+practicing temporarily in this state. However, except as 83
133+provided in s. 828.30, only a veterinarian may immunize or treat 84
134+an animal for diseases that are communicable to humans and that 85
135+are of public health significance. 86
136+ 87
137+For the purposes of chapters 465 and 893, persons exempt 88
138+pursuant to subsection (1), subsection (2), or subsection (4) 89
139+are deemed to be duly licensed practitioners authorized by the 90
140+laws of this state to prescribe drugs or medicinal supplies. 91
141+ Section 4. Paragraph (y) of subsection (1) of section 92
142+474.214, Florida Statutes, is amended to read: 93
143+ 474.214 Disciplinary proceedings. — 94
144+ (1) The following acts shall constitute grounds for which 95
145+the disciplinary actions in subsection (2) may be taken: 96
146+ (y) Using the privilege of ordering, prescribing, or 97
147+making available medicinal drugs or drugs as defined in chapter 98
148+465, or controlled substa nces as defined in chapter 893, for use 99
149+other than for the specific treatment of animal patients for 100
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158158 FL 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
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162-are of public health significance. 101
163- 102
164-For the purposes of chapters 465 and 893, persons exempt 103
165-pursuant to subsection (1), subsection (2), or subsection (4) 104
166-are deemed to be duly licensed practitioners authorized by the 105
167-laws of this state to prescribe drugs or medicinal supplies. 106
168- Section 4. Paragraph (y) of subsection (1) of section 107
169-474.214, Florida Statutes, is amended to read: 108
170- 474.214 Disciplinary proceedings. — 109
171- (1) The following acts shall constitute grounds for which 110
172-the disciplinary actions in subsection (2) may be taken: 111
173- (y) Using the privilege of ordering, prescribing, or 112
174-making available medicinal drugs or drugs as defined in chapter 113
175-465, or controlled substa nces as defined in chapter 893, for use 114
176-other than for the specific treatment of animal patients for 115
177-which there is a documented veterinarian/client/patient 116
178-relationship. Pursuant thereto, The veterinarian shall: 117
179- 1. Have sufficient knowledge of the anima l or group of 118
180-animals to initiate at least a general or preliminary diagnosis 119
181-of the medical condition of the animal or group of animals, 120
182-which means that the veterinarian is personally acquainted with 121
183-the keeping and caring of the animal or group of animals and has 122
184-recently performed a physical examination of the animal or group 123
185-of animals either in person or by the use of veterinary 124
186-telemedicine in compliance with s. 474.2021 seen the animal or 125
162+which there is a documented veterinarian/client/patient 101
163+relationship. Pursuant thereto, The veterinarian shall: 102
164+ 1. Have sufficient knowledge of the anima l to initiate at 103
165+least a general or preliminary diagnosis of the medical 104
166+condition of the animal, which means that the veterinarian is 105
167+personally acquainted with the keeping and caring of the animal , 106
168+is in compliance with s. 474.2021(3), and has recently seen the 107
169+animal or has made medically appropriate and timely visits to 108
170+the premises where the animal is kept. 109
171+ 2. Be available or provide for followup care and treatment 110
172+in case of adverse reactions or failure of the regimen of 111
173+therapy. 112
174+ 3. Maintain records which document patient visits, 113
175+diagnosis, treatment, and other relevant information required 114
176+under this chapter. 115
177+ Section 5. Subsections (1) and (3) of section 828.30, 116
178+Florida Statutes, are amended to read: 117
179+ 828.30 Rabies vaccination of dogs, cats, and ferrets.— 118
180+ (1)(a) Except as provided in paragraph (b), all dogs, 119
181+cats, and ferrets 4 months of age or older must be vaccinated by 120
182+a licensed veterinarian against rabies with a vaccine that is 121
183+licensed by the United States Department of Agriculture for use 122
184+in those species. 123
185+ (b) An employee, agent, or contractor of an animal control 124
186+authority acting under the indirect supervision of a 125
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195195 FL 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
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199-has made medically appropriate and timely visits to the premi ses 126
200-where the animal or group of animals are is kept. 127
201- 2. Be available or provide for followup care and treatment 128
202-in case of adverse reactions or failure of the regimen of 129
203-therapy. 130
204- 3. Maintain records which document patient visits, 131
205-diagnosis, treatment, and other relevant information required 132
206-under this chapter. 133
207- Section 5. Subsections (1) and (3) of section 828.30, 134
208-Florida Statutes, are amended to read: 135
209- 828.30 Rabies vaccination of dogs, cats, and ferrets. — 136
210- (1)(a) Except as provided in paragraph (b), all dogs, 137
211-cats, and ferrets 4 months of age or older must be vaccinated by 138
212-a licensed veterinarian against rabies with a vaccine that is 139
213-licensed by the United States Department of Agriculture for use 140
214-in those species. 141
215- (b) An employee, agent, or con tractor of an animal control 142
216-authority acting under the indirect supervision of a 143
217-veterinarian may vaccinate impounded animals that will be 144
218-transferred, rescued, fostered, adopted, or reclaimed by the 145
219-owner. As used in this paragraph, the term "indirect 146
220-supervision" means the supervising veterinarian must be 147
221-available for consultation through telecommunications but is not 148
222-required to be on the premises during such consultation. The 149
223-supervising veterinarian assumes responsibility for the 150
199+veterinarian may vaccinate impounded animals that will be 126
200+transferred, rescued, fostered, adopted, or reclaimed by the 127
201+owner. As used in this paragraph, the term "indirect 128
202+supervision" means the supervising veterinarian must be 129
203+available for consultation through telecommunications but is not 130
204+required to be on the premises during such consultation. The 131
205+supervising veterinar ian assumes responsibility for the 132
206+veterinary care provided to the animal by any person working 133
207+under or at his or her direction and supervision. 134
208+ (c) The owner of every dog, cat, and ferret shall have the 135
209+animal revaccinated 12 months after the initial v accination. 136
210+Thereafter, the interval between vaccinations shall conform to 137
211+the vaccine manufacturer's directions. The cost of vaccination 138
212+must be borne by the animal's owner. Evidence of circulating 139
213+rabies virus neutralizing antibodies may shall not be used as a 140
214+substitute for current vaccination in managing rabies exposure 141
215+or determining the need for booster vaccinations. 142
216+ (3) Upon vaccination against rabies, the licensed 143
217+veterinarian shall provide the animal's owner and the animal 144
218+control authority with a rabies vaccination certificate. Each 145
219+animal control authority and veterinarian shall use the "Rabies 146
220+Vaccination Certificate" of the National Association of State 147
221+Public Health Veterinarians (NASPHV) or an equivalent form 148
222+approved by the local government that contains all the 149
223+information required by the NASPHV Rabies Vaccination 150
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232232 FL 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
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236-veterinary care prov ided to the animal by any person working 151
237-under or at his or her direction and supervision. 152
238- (c) The owner of every dog, cat, and ferret shall have the 153
239-animal revaccinated 12 months after the initial vaccination. 154
240-Thereafter, the interval between vaccinatio ns shall conform to 155
241-the vaccine manufacturer's directions. The cost of vaccination 156
242-must be borne by the animal's owner. Evidence of circulating 157
243-rabies virus neutralizing antibodies may shall not be used as a 158
244-substitute for current vaccination in managing r abies exposure 159
245-or determining the need for booster vaccinations. 160
246- (3) Upon vaccination against rabies, the licensed 161
247-veterinarian shall provide the animal's owner and the animal 162
248-control authority with a rabies vaccination certificate. Each 163
249-animal control authority and veterinarian shall use the "Rabies 164
250-Vaccination Certificate" of the National Association of State 165
251-Public Health Veterinarians (NASPHV) or an equivalent form 166
252-approved by the local government that contains all the 167
253-information required by the NASP HV Rabies Vaccination 168
254-Certificate. The veterinarian who administers the rabies 169
255-vaccination, or who indirectly supervises an employee, agent, or 170
256-contractor of an animal control authority who administers the 171
257-rabies vaccination, vaccine to an animal as requir ed under this 172
258-section may affix his or her signature stamp in lieu of an 173
259-actual signature on the rabies vaccination certificate . 174
260- Section 6. This act shall take effect July 1, 2022. 175
236+Certificate. The veterinarian who administers the rabies 151
237+vaccination, or who indirectly supervises an employee, agent, or 152
238+contractor of an animal control authority who administers the 153
239+rabies vaccination, vaccine to an animal as required under this 154
240+section may affix his or her signature stamp in lieu of an 155
241+actual signature on the rabies vaccination certificate . 156
242+ Section 6. This act shall take effect July 1, 2022. 157