Florida 2022 Regular Session

Florida House Bill H0723 Latest Draft

Bill / Comm Sub Version Filed 01/25/2022

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