CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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.; 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 CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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 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 CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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 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 CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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 (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 CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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 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 CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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 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 CS/CS/HB 723 2022 CODING: Words stricken are deletions; words underlined are additions. hb0723-02-c2 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 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