Florida 2024 Regular Session

Florida House Bill H0261 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the practice of veterinary 2
1616 medicine; amending s. 474.201, F.S.; conforming 3
1717 provisions to changes made by the act; amending s. 4
1818 474.202, F.S.; providing definitions; amending s. 5
1919 474.203, F.S.; providing that specified exemptions 6
2020 apply to licensed and unlicensed veterinary 7
2121 technicians; amending s. 474.204, F.S.; revising the 8
2222 membership of the Board of Veterinary Medicine; 9
2323 creating s. 474.2071, F.S.; providing requirements for 10
2424 the licensure of veterinary technicians; amending s. 11
2525 474.211, F.S.; providing requirements for the renewal 12
2626 of a licensed veterinary technician's license; 13
2727 amending s. 474.213, F.S.; prohibiting certain persons 14
2828 from taking specified actions relating to licensed 15
2929 veterinary technicians; providing criminal penalties; 16
3030 amending s. 474.214, F.S.; providing grounds for 17
3131 disciplinary actions against applicants for licensure 18
3232 and licensed veterinary technicians; authorizing the 19
3333 board to take specified actions against certain 20
3434 persons; providing for the reissuance of a license to 21
3535 a veterinary technician under certain circumstances; 22
3636 creating s. 474.223, F.S.; providing scope of practice 23
3737 relating to licensed veterinary technicians; 24
3838 authorizing veterinary technicians to provide 25
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4747 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
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5151 specified services; authorizing supervising 26
5252 veterinarians to delegate specified responsibilities 27
5353 to licensed veterinary technicians; prohibiting 28
5454 veterinary assistants from identifying themselves as 29
5555 specified persons; amending s. 828.30, F.S.; 30
5656 conforming provisions to changes made by the act; 31
5757 providing an effective dat e. 32
5858 33
5959 Be It Enacted by the Legislature of the State of Florida: 34
6060 35
6161 Section 1. Section 474.201, Florida Statutes, is amended 36
6262 to read: 37
6363 474.201 Purpose.—The Legislature finds that the practice 38
6464 of veterinary medicine is potentially dangerous to the publi c 39
6565 health and safety if conducted by incompetent and unlicensed 40
6666 veterinarians and veterinary technicians practitioners. The 41
6767 legislative purpose in enacting this chapter is to ensure that 42
6868 every veterinarian and licensed veterinary technician practicing 43
6969 in this state meet minimum requirements for safe practice. It is 44
7070 the legislative intent that veterinarians and licensed 45
7171 veterinary technicians who are not normally competent or who 46
7272 otherwise present a danger to the public shall be disciplined or 47
7373 prohibited from practicing in this state. 48
7474 Section 2. Subsections (6) through (12) and (13) of 49
7575 section 474.202, Florida Statutes, are renumbered as subsections 50
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8484 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
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8888 (7) through (13) and (15), respectively, and a new subsection 51
8989 (6) and subsections (14), (16), (17), and (18) are added to that 52
9090 section, to read: 53
9191 474.202 Definitions. —As used in this chapter: 54
9292 (6) "Licensed veterinary technician" means a veterinary 55
9393 technician or veterinary technologist who practices veterinary 56
9494 technology in the state and is licensed under the authority of 57
9595 this chapter. 58
9696 (14) "Veterinary assistant" means a person who practices 59
9797 on a veterinary team providing medical care for animals. The 60
9898 term does not include a licensed veterinary technician. 61
9999 (16) "Veterinary technician" means a person who has 62
100100 graduated with an associate degree from a veterinary technology 63
101101 training program accredited by the American Veterinary Medical 64
102102 Association Committee on Veterinary Technician Education and 65
103103 Activities (CVTEA). 66
104104 (17) "Veterinary technologist" means a person who has 67
105105 graduated with a bachelor's degree from a veterinary technology 68
106106 training program accredited by the CVTEA. 69
107107 (18) "Veterinary technology" means the science and art of 70
108108 providing certain aspects of the medical care and treatment of a 71
109109 veterinary patient by a person who is a veterinary technician or 72
110110 veterinary technologist, as delegated and supervised by a 73
111111 licensed veterinarian with an established 74
112112 veterinarian/client/patient relationship. The term does not 75
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121121 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
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125125 include the diagnosis, prognosis, prescription of medications, 76
126126 surgery, or the development of treatment plans, which are within 77
127127 the purview of the veterinarian. 78
128128 Section 3. Subsections (3), (5), and (7) of section 79
129129 474.203, Florida Statutes, are amended to read: 80
130130 474.203 Exemptions. —This chapter does not apply to: 81
131131 (3) A student in a school or college of veterinary 82
132132 medicine or a program for veterinary technology while in the 83
133133 performance of duties assigned by her or his instructor or when 84
134134 working as a preceptor under the immediate supervision of a 85
135135 licensee, if such preceptorship is required for graduation from 86
136136 an accredited school or college of veterinary medicine or a 87
137137 program for veterinary technology . The licensed veterinarian is 88
138138 responsible for all acts performed by a preceptor under her or 89
139139 his supervision. 90
140140 (5)(a) Any person, or the person's regular employee, 91
141141 administering to the ills or injuries of her or his own animals, 92
142142 including, but not limited to, castration, spaying, and 93
143143 dehorning of herd animals, unless title is transferred or 94
144144 employment provided for the purpose of circumventing this law. 95
145145 This exemption does not apply to any person licensed as a 96
146146 veterinarian or veterinary technician in another state or 97
147147 foreign jurisdiction and practicing temporarily in this state. 98
148148 However, only a veterinarian or a licensed veterinary 99
149149 technician, as authorized in s. 474.223(1)(m), may immunize or 100
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158158 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
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162162 treat an animal for diseases that are communicable to humans and 101
163163 that are of public health significance. 102
164164 (7) Any veterinary aide, nurse, unlicensed veterinary 103
165165 technician, laboratory technician, preceptor, or other employee 104
166166 of a licensed veterinarian who administers medication or who 105
167167 renders auxiliary or supporting assistance under the responsible 106
168168 supervision of a licensed veterinarian, including those tasks 107
169169 identified by rule of the board requiring immediate supervision. 108
170170 However, the licensed veterinarian is responsible for all such 109
171171 acts performed under this subsection by persons under her or his 110
172172 supervision. 111
173173 112
174174 For the purposes of chapters 465 and 893, persons exempt 113
175175 pursuant to subsection (1), subsection (2), or subsection (4) 114
176176 are deemed to be duly licensed practitioners authorized by the 115
177177 laws of this state to prescribe drugs or medicinal supplies. 116
178178 Section 4. Section 474.204, Florida Statutes, are amended 117
179179 to read: 118
180180 474.204 Board of Veterinary Medicine. — 119
181181 (1) To carry out the provisions of this chapter, there is 120
182182 created within the department the Board of Veterinary Medicine 121
183183 consisting of the following seven members, who shall be 122
184184 appointed by the Governor, subject to confirma tion by the 123
185185 Senate:. 124
186186 (a)(2) Five members who are of the board shall be licensed 125
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195195 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
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199199 veterinarians. 126
200200 (b) Two members who are licensed veterinary technicians 127
201201 who have been actively engaged in the practice of veterinary 128
202202 technology for at least 5 years immedia tely preceding the date 129
203203 of their appointment to the board. 130
204204 (c) Two members who are of the board shall be laypersons 131
205205 who are not and have never been veterinarians or members of any 132
206206 closely related profession or occupation. 133
207207 (2)(3) All provisions of chap ter 455 relating to 134
208208 activities of regulatory boards shall apply. 135
209209 Section 5. Section 474.2071, Florida Statutes, is created 136
210210 to read: 137
211211 474.2071 Veterinary technician licensure by examination. —138
212212 (1) A person desiring to become licensed as a veterinary 139
213213 technician shall apply to the board and must have met all of the 140
214214 following criteria: 141
215215 (a) Completed the application form. 142
216216 (b) Graduated from a college program of veterinary 143
217217 technology accredited by the American Veterinary Medical 144
218218 Association Committee on Veterinary Technicians Education and 145
219219 Activities. 146
220220 (c) Earned a passing score on the Veterinary Technician 147
221221 National Exam as determined by the American Association of 148
222222 Veterinary State Boards. 149
223223 (d) Demonstrated knowledge of the laws and rules governing 150
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232232 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
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236236 the practice of veterinary medicine in the state in a manner 151
237237 consistent with rules of the board. 152
238238 (2) A credentialed veterinary technician who is in good 153
239239 standing with the Florida Veterinary Technician Association or 154
240240 the Florida Veterinary Medical Association on July 1, 2024, is 155
241241 eligible to apply for licensure upon meeting all of the 156
242242 following criteria: 157
243243 (a) Completed the application form. 158
244244 (b) Demonstrated knowledge of the laws and rules governing 159
245245 the practice of veterinary medicine in the state in a manner 160
246246 consistent with rules of the board. 161
247247 Section 6. Subsection (3) of section 474.211, Florida 162
248248 Statutes, is amended to read: 163
249249 474.211 Renewal of license. — 164
250250 (3) The board may by rule prescribe continuing education, 165
251251 not to exceed 30 hours biennially for veterinarians and 15 hours 166
252252 biennially for licensed veterinary technicians , as a condition 167
253253 for renewal of a license or certificate. The criteria for such 168
254254 programs, providers, and courses shall be approved by the board. 169
255255 Section 7. Section 474.213, Florid a Statutes, is amended 170
256256 to read: 171
257257 474.213 Prohibitions; penalties. — 172
258258 (1) A No person may not shall: 173
259259 (a) Lead the public to believe that such person is 174
260260 licensed as a veterinarian, or is engaged in the licensed 175
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269269 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
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273273 practice of veterinary medicine, without suc h person holding a 176
274274 valid, active license pursuant to this chapter; 177
275275 (b) Use the name or title "veterinarian" when the person 178
276276 has not been licensed under pursuant to this chapter; 179
277277 (c) Present as her or his own the license of another; 180
278278 (d) Give false or forged evidence to the board or a member 181
279279 thereof for the purpose of obtaining a license; 182
280280 (e) Use or attempt to use a veterinarian's license which 183
281281 has been suspended or revoked; 184
282282 (f) Knowingly employ unlicensed persons in the practice of 185
283283 veterinary medicine; 186
284284 (g) Knowingly conceal information relative to violations 187
285285 of this chapter; 188
286286 (h) Obtain or attempt to obtain a license to practice 189
287287 veterinary medicine by fraudulent representation; 190
288288 (i) Practice veterinary medicine in this state, unless the 191
289289 person holds a valid, active license to practice veterinary 192
290290 medicine pursuant to this chapter; 193
291291 (j) Sell or offer to sell a diploma conferring a degree 194
292292 from a veterinary school or college, or a license issued 195
293293 pursuant to this chapter, or procure such diploma or l icense 196
294294 with the intent that it shall be used as evidence of that which 197
295295 the document stands for by a person other than the one upon whom 198
296296 it was conferred or to whom it was granted; or 199
297297 (k) Knowingly operate a veterinary establishment or 200
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306306 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
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310310 premises without having a premise permit issued under s. 201
311311 474.215. 202
312312 (2) A person may not: 203
313313 (a) Lead the public to believe that such person is 204
314314 licensed as a veterinary technician or is engaged in the 205
315315 licensed practice of veterinary technology without such person 206
316316 holding a valid, active license under this chapter; or 207
317317 (b) Use the name or title "licensed veterinary technician" 208
318318 when the person has not been licensed under this chapter. 209
319319 (3)(a)(2) A person who violates subsection (1) any 210
320320 provision of this section commits a felony of the third degree, 211
321321 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 212
322322 (b) A person who violates subsection (2) commits a 213
323323 misdemeanor of the first degree, punishable as provided in s. 214
324324 775.082 or s. 775.083. 215
325325 Section 8. Section 474.214 , Florida Statutes, is amended 216
326326 to read: 217
327327 474.214 Disciplinary proceedings. — 218
328328 (1) The following acts shall constitute grounds for which 219
329329 the disciplinary actions in subsection (3)(2) may be taken: 220
330330 (a) Attempting to procure a license to practice veterinar y 221
331331 medicine by bribery, by fraudulent representations, or through 222
332332 an error of the department or the board. 223
333333 (b) Having a license or the authority to practice 224
334334 veterinary medicine revoked, suspended, or otherwise acted 225
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343343 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
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347347 against, including the denial of licens ure, by the licensing 226
348348 authority of any jurisdiction, including any agency or 227
349349 subdivision thereof. The licensing authority's acceptance of a 228
350350 veterinarian's relinquishment of a license, stipulation, consent 229
351351 order, or other settlement, offered in response to or in 230
352352 anticipation of the filing of administrative charges against the 231
353353 veterinarian's license or authority to practice, shall be 232
354354 construed as action against the veterinarian's license or 233
355355 authority to practice. 234
356356 (c) Being convicted or found guilty, regardl ess of 235
357357 adjudication, of a crime in any jurisdiction which directly 236
358358 relates to the practice of veterinary medicine or the ability to 237
359359 practice veterinary medicine. Any crime which demonstrates a 238
360360 lack of regard for animal life relates to the ability to 239
361361 practice veterinary medicine. In addition, crimes relating to 240
362362 the ability to practice veterinary medicine shall include, but 241
363363 not be limited to, crimes involving any violation of state or 242
364364 federal drug laws. 243
365365 (d) Making or filing a report or record which the lice nsee 244
366366 knows to be false, intentionally or negligently failing to file 245
367367 a report or record required by state or federal law, willfully 246
368368 impeding or obstructing such filing, or inducing another person 247
369369 to impede or obstruct such filing. Such reports or records s hall 248
370370 include only those which are signed in the capacity of a 249
371371 licensed veterinarian. 250
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380380 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
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384384 (e) Advertising goods or services in a manner which is 251
385385 fraudulent, false, deceptive, or misleading in form or content. 252
386386 (f) Violating any provision of this chapter or c hapter 253
387387 455, a rule of the board or department, or a lawful order of the 254
388388 board or department previously entered in a disciplinary 255
389389 hearing, or failing to comply with a lawfully issued subpoena of 256
390390 the department. 257
391391 (g) Practicing with a revoked, suspended, in active, or 258
392392 delinquent license. 259
393393 (h) Being unable to practice veterinary medicine with 260
394394 reasonable skill or safety to patients by reason of illness, 261
395395 drunkenness, use of drugs, narcotics, chemicals, or any other 262
396396 material or substance or as a result of any me ntal or physical 263
397397 condition. In enforcing this paragraph, upon a finding by the 264
398398 secretary, the secretary's designee, or the probable cause panel 265
399399 of the board that probable cause exists to believe that the 266
400400 licensee is unable to practice the profession becaus e of the 267
401401 reasons stated in this paragraph, the department shall have the 268
402402 authority to compel a licensee to submit to a mental or physical 269
403403 examination by a physician designated by the department. If the 270
404404 licensee refuses to comply with the department's order , the 271
405405 department may file a petition for enforcement in the circuit 272
406406 court of the circuit in which the licensee resides or does 273
407407 business. The licensee shall not be named or identified by 274
408408 initials in any other public court records or documents and the 275
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417417 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
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421421 enforcement proceedings shall be closed to the public. The 276
422422 department shall be entitled to the summary procedure provided 277
423423 in s. 51.011. A licensee affected under this paragraph shall be 278
424424 afforded an opportunity at reasonable intervals to demonstrate 279
425425 that she or he can resume the competent practice for which she 280
426426 or he is licensed with reasonable skill and safety to patients. 281
427427 Neither the record of proceedings nor the orders entered by the 282
428428 board in any proceedings under this paragraph shall be used 283
429429 against a licensee in any other proceedings. 284
430430 (i) Judicially determined mental incompetency. However, a 285
431431 license suspended for this cause may be reinstated upon legal 286
432432 restoration of the competency of the individual whose license 287
433433 was so suspended. 288
434434 (j) Knowingly maintaining a professional connection or 289
435435 association with any person who is in violation of the 290
436436 provisions of this chapter or the rules of the board or 291
437437 department. However, if the licensee verifies that the person is 292
438438 actively participating in a board -approved program for the 293
439439 treatment of a physical or mental condition, the licensee is 294
440440 required only to report such person to the consultant. 295
441441 (k) Paying or receiving kickbacks, rebates, bonuses, or 296
442442 other remuneration for receiving a patient or client or for 297
443443 referring a patient or client to another provider of veterinary 298
444444 services or goods. 299
445445 (l) Performing or prescribing unnecessary or unauthorized 300
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454454 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
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458458 treatment. 301
459459 (m) Fraud in the collection of fees from consumers or any 302
460460 person, agency, or organization paying fees to practiti oners. 303
461461 (n) Attempting to restrict competition in the field of 304
462462 veterinary medicine other than for the protection of the public. 305
463463 However, this provision shall not apply to testimony made in 306
464464 good faith at a hearing or other proceeding in which the subject 307
465465 is the revocation of a license or a lesser penalty. 308
466466 (o) Fraud, deceit, negligence, incompetency, or 309
467467 misconduct, in or related to the practice of veterinary 310
468468 medicine. 311
469469 (p) Conviction on a charge of cruelty to animals. 312
470470 (q) Permitting or allowing another to use a veterinarian's 313
471471 license for the purpose of treating or offering to treat 314
472472 animals. 315
473473 (r) Being guilty of incompetence or negligence by failing 316
474474 to practice medicine with that level of care, skill, and 317
475475 treatment which is recognized by a reasonably pr udent 318
476476 veterinarian as being acceptable under similar conditions and 319
477477 circumstances. 320
478478 (s) Willfully making any misrepresentations in connection 321
479479 with the inspection of food for human consumption. 322
480480 (t) Fraudulently issuing or using any false health 323
481481 certificate, vaccination certificate, test chart, or other blank 324
482482 form used in the practice of veterinary medicine relating to the 325
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491491 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
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495495 presence or absence of animal disease or transporting animals or 326
496496 issuing any false certificate relating to the sale of products 327
497497 of animal origin for human consumption. 328
498498 (u) Fraud or dishonesty in applying, treating, or 329
499499 reporting on tuberculin, diagnostic, or other biological tests. 330
500500 (v) Failing to keep the equipment and premises of the 331
501501 business establishment in a clean and sanitary cond ition, having 332
502502 a premises permit suspended or revoked pursuant to s. 474.215, 333
503503 or operating or managing premises that do not comply with 334
504504 requirements established by rule of the board. 335
505505 (w) Practicing veterinary medicine at a location for which 336
506506 a valid premises permit has not been issued when required under 337
507507 s. 474.215. 338
508508 (x) Refusing to permit the department to inspect the 339
509509 business premises of the licensee during regular business hours. 340
510510 (y) Using the privilege of ordering, prescribing, or 341
511511 making available medicinal drugs or drugs as defined in chapter 342
512512 465, or controlled substances as defined in chapter 893, for use 343
513513 other than for the specific treatment of animal patients for 344
514514 which there is a documented veterinarian/client/patient 345
515515 relationship. Pursuant there to, the veterinarian shall: 346
516516 1. Have sufficient knowledge of the animal to initiate at 347
517517 least a general or preliminary diagnosis of the medical 348
518518 condition of the animal, which means that the veterinarian is 349
519519 personally acquainted with the keeping and caring of the animal 350
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528528 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
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532532 and has recently seen the animal or has made medically 351
533533 appropriate and timely visits to the premises where the animal 352
534534 is kept. 353
535535 2. Be available or provide for followup care and treatment 354
536536 in case of adverse reactions or failure of the regimen of 355
537537 therapy. 356
538538 3. Maintain records which document patient visits, 357
539539 diagnosis, treatment, and other relevant information required 358
540540 under this chapter. 359
541541 (z) Providing, prescribing, ordering, or making available 360
542542 for human use medicinal drugs or drugs as define d in chapter 361
543543 465, controlled substances as defined in chapter 893, or any 362
544544 material, chemical, or substance used exclusively for animal 363
545545 treatment. 364
546546 (aa) Failing to report to the department any person the 365
547547 licensee knows to be in violation of this chapter or of the 366
548548 rules of the department or board. However, if the licensee 367
549549 verifies that the person is actively participating in a board -368
550550 approved program for the treatment of a physical or mental 369
551551 condition, the licensee is required only to report such person 370
552552 to the consultant. 371
553553 (bb) Violating any of the requirements of chapter 499, the 372
554554 Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301 -392, the 373
555555 Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., 374
556556 the Comprehensive Drug Abuse Prevention and Control Act of 1970, 375
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565565 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
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569569 more commonly known as the Comprehensive Drug Abuse Prevention 376
570570 and Control Act; or chapter 893. 377
571571 (cc) Failing to provide adequate radiation safeguards. 378
572572 (dd) Failing to perform any statutory or legal obligation 379
573573 placed upon a licensee. 380
574574 (ee) Failing to keep contemporaneously written medical 381
575575 records as required by rule of the board. 382
576576 (ff) Prescribing or dispensing a legend drug as defined in 383
577577 chapter 499, including any controlled substance, inappropriately 384
578578 or in excessive or inappropriate quantities . 385
579579 (gg) Practicing or offering to practice beyond the scope 386
580580 permitted by law. 387
581581 (hh) Delegating professional responsibilities to a person 388
582582 when the licensee delegating such responsibilities knows or has 389
583583 reason to know that such person is not qualified by t raining, 390
584584 experience, or licensure to perform them. 391
585585 (ii) Presigning blank prescription forms. 392
586586 (jj) Failing to report to the board within 30 days, in 393
587587 writing, any action set forth in paragraph (b) that has been 394
588588 taken against the practitioner's license to practice veterinary 395
589589 medicine by any jurisdiction, including any agency or 396
590590 subdivision thereof. 397
591591 (kk) Aiding or assisting another person in violating any 398
592592 provision of this chapter or any rule adopted pursuant thereto. 399
593593 (ll) Failing to respond within 60 d ays after receipt of a 400
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602602 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
603603
604604
605605
606606 request to provide satisfactory proof of having participated in 401
607607 approved continuing education programs. 402
608608 (mm) Failing to maintain accurate records or reports as 403
609609 required by this chapter or by federal or state laws or rules 404
610610 pertaining to the storing, labeling, selling, dispensing, 405
611611 prescribing, and administering of controlled substances. 406
612612 (nn) Failing to report a change of address to the board 407
613613 within 60 days thereof. 408
614614 (oo) Failure of the responsible veterinarian to report a 409
615615 change of premises ownership or responsible veterinarian within 410
616616 60 days thereof. 411
617617 (pp) Failing to give the owner of a patient, before 412
618618 dispensing any drug, a written prescription when requested. 413
619619 (2) The following acts shall constitute grounds for which 414
620620 the disciplinary actions under (3) may be taken against an 415
621621 applicant or a licensed veterinary technician: 416
622622 (a) Violating any provision of this chapter that pertains 417
623623 to licensed veterinary technicians. 418
624624 (b) Being convicted or found guilty of, regardless of 419
625625 adjudication, a felony. 420
626626 (c) Being convicted of a charge of cruelty to animals. 421
627627 (d) Soliciting patients from any practitioner of the 422
628628 healing arts. 423
629629 (e) Willfully or negligently divulging a professional 424
630630 confidence. 425
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639639 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
640640
641641
642642
643643 (f) Habitually or excessively using intoxica nts or drugs. 426
644644 (g) Committing fraud, deceit, negligence, incompetency, or 427
645645 misconduct, in or related to the practice of veterinary 428
646646 technology. 429
647647 (h) Committing fraud or misrepresentation in applying for 430
648648 or procuring licensure as a licensed veterinarian tec hnician or 431
649649 in applying for or procuring the biannual renewal. 432
650650 (i) Impersonating or attempting to impersonate another 433
651651 person who is licensed as a veterinary technician or allowing a 434
652652 person to use his or her license as a veterinary technician. 435
653653 (j) Practicing with a revoked, suspended, inactive, or 436
654654 delinquent license. 437
655655 (k) Selling or offering to sell a diploma conferring a 438
656656 degree from a veterinary technology school or college or a 439
657657 license issued under this chapter. 440
658658 (l) Abetting or aiding the practice of veterinary medicine 441
659659 by a person who is not licensed by the board. 442
660660 (m) Failing to report to the board within 30 days and in 443
661661 writing any action that has been taken against the veterinary 444
662662 technician's license to practice veterinary technology by any 445
663663 jurisdiction, including any agency or subdivision thereof. 446
664664 (n) Failing to perform any statutory or legal obligation 447
665665 placed upon a licensed veterinary technician. 448
666666 (o) Failing to respond within 60 days after receipt of a 449
667667 request to provide satisfactory proof o f having participated in 450
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676676 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
677677
678678
679679
680680 approved continuing education programs. 451
681681 (p) Failing to report a change of address to the board 452
682682 within 60 days thereof. 453
683683 (3)(2) When the board finds any applicant , or 454
684684 veterinarian, or licensed veterinary technician guilty of any of 455
685685 the grounds set forth in subsection (1) or subsection (2), as 456
686686 applicable, regardless of whether the violation occurred prior 457
687687 to licensure, it may enter an order imposing one or more of the 458
688688 following penalties: 459
689689 (a) Denial of certification for examinat ion or licensure. 460
690690 (b) Revocation or suspension of a license. 461
691691 (c) Imposition of an administrative fine not to exceed 462
692692 $5,000 for each count or separate offense. 463
693693 (d) Issuance of a reprimand. 464
694694 (e) Placement of the veterinarian or licensed veterinary 465
695695 technician on probation for a period of time and subject to such 466
696696 conditions as the board may specify, including requiring the 467
697697 veterinarian or licensed veterinary technician to attend 468
698698 continuing education courses or to work under the supervision of 469
699699 another veterinarian. 470
700700 (f) Restricting the authorized scope of practice. 471
701701 (g) Imposition of costs of the investigation and 472
702702 prosecution. 473
703703 (h) Requiring the veterinarian or licensed veterinary 474
704704 technician to undergo remedial education. 475
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713713 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
714714
715715
716716
717717 476
718718 In determining appropriate action, the board must first consider 477
719719 those sanctions necessary to protect the public. Only after 478
720720 those sanctions have been imposed may the disciplining authority 479
721721 consider and include in its order requirements designed to 480
722722 rehabilitate the veterinarian or licensed veterinary technician . 481
723723 All costs associated with compliance with any order issued under 482
724724 this subsection are the obligation of the veterinarian or 483
725725 licensed veterinary technician . 484
726726 (4)(3) The department shall reissue the license of a 485
727727 disciplined veterinarian or licensed veterinary technician upon 486
728728 certification by the board that the disciplined veterinarian or 487
729729 licensed veterinary technician has complied with all of the 488
730730 terms and conditions set forth in the final order and is capable 489
731731 of competently and safely engaging in the practice of veterinary 490
732732 medicine or veterinary technology, as applicable . 491
733733 Section 9. Section 474.223, Florida Statutes, is created 492
734734 to read: 493
735735 474.223 Licensed veterin ary technicians.— 494
736736 (1) A licensed veterinary technician may provide the 495
737737 following services under the supervision of a licensed 496
738738 veterinarian: 497
739739 (a) Arterial and central venous catheterization. 498
740740 (b) Euthanasia. 499
741741 (c) Intraperitoneal injections. 500
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750750 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
751751
752752
753753
754754 (d) Placement of gastric, nasoesophageal and nasogastric 501
755755 tubes. 502
756756 (e) Suturing or stapling of skin lacerations, gingival 503
757757 incisions, or existing surgical incisions. 504
758758 (f) Paravertebral blocks and epidurals. 505
759759 (g) A complex single root extraction that is beyond a 506
760760 simple digital extraction of the tooth that requires periosteal 507
761761 elevation but does not require sectioning of the tooth or of the 508
762762 bone. 509
763763 (h) Blood or blood component collection, preparation, and 510
764764 administration for transfusion or blood banking purposes. 511
765765 (i) Ear flushing with powered mechanical devices creating 512
766766 pressure or suction. 513
767767 (j) A thoracocentesis, cystocentesis, or abdominocentesis. 514
768768 (k) Application of casts, splints, and slings for the 515
769769 immobilization of fractures. 516
770770 (l) Placement of an epidural, i ntraosseous, or nasal 517
771771 catheter. 518
772772 (m) Administering rabies vaccinations. 519
773773 (2) The supervising veterinarian shall determine the 520
774774 appropriate level of supervision and protocol for any of the 521
775775 tasks under subsection (1). All other tasks may be performed by 522
776776 licensed or unlicensed persons at the discretion of the 523
777777 supervising veterinarian. In determining the appropriate level 524
778778 of supervision, the veterinarian must consider the level of 525
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787787 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
788788
789789
790790
791791 training and experience of the person to whom the task is 526
792792 delegated. 527
793793 (3) A supervising veterinarian may in his or her judgment 528
794794 delegate to a licensed veterinary technician the responsibility 529
795795 of supervising a task or tasks performed by an unlicensed 530
796796 person, except for any of the tasks listed in subsection (1). 531
797797 (4) A licensed veteri nary technician may not make or 532
798798 provide any diagnosis or prognosis, perform any surgery, or 533
799799 prescribe any medical drugs as defined in chapter 465 or 534
800800 controlled substances as defined in chapter 893, unless 535
801801 otherwise authorized in this chapter. 536
802802 (5) A veterinary assistant may not identify himself or 537
803803 herself to the public as a veterinary technician or a licensed 538
804804 veterinary technician unless he or she is a graduate of an 539
805805 accredited veterinary technology program or licensed under this 540
806806 chapter, as applicable. 541
807807 Section 10. Subsections (1) and (3) of section 828.30, 542
808808 Florida Statutes, are amended to read: 543
809809 828.30 Rabies vaccination of dogs, cats, and ferrets. — 544
810810 (1) All dogs, cats, and ferrets 4 months of age or older 545
811811 must be vaccinated by a licensed veterinaria n or licensed 546
812812 veterinary technician under the supervision of a licensed 547
813813 veterinarian against rabies with a vaccine that is licensed by 548
814814 the United States Department of Agriculture for use in those 549
815815 species. The owner of every dog, cat, and ferret shall have the 550
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824824 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
825825
826826
827827
828828 animal revaccinated 12 months after the initial vaccination. 551
829829 Thereafter, the interval between vaccinations shall conform to 552
830830 the vaccine manufacturer's directions. The cost of vaccination 553
831831 must be borne by the animal's owner. Evidence of circulating 554
832832 rabies virus neutralizing antibodies shall not be used as a 555
833833 substitute for current vaccination in managing rabies exposure 556
834834 or determining the need for booster vaccinations. 557
835835 (3) Upon vaccination against rabies, the licensed 558
836836 veterinarian or licensed veterinary technician shall provide the 559
837837 animal's owner and the animal control authority with a rabies 560
838838 vaccination certificate. Each animal control authority and 561
839839 veterinarian or licensed veterinary technician shall use the 562
840840 "Rabies Vaccination Certificate" of the Nati onal Association of 563
841841 State Public Health Veterinarians (NASPHV) or an equivalent form 564
842842 approved by the local government which that contains all the 565
843843 information required by the NASPHV Rabies Vaccination 566
844844 Certificate. The veterinarian who administers the rabies vaccine 567
845845 to an animal as authorized required under this section may affix 568
846846 his or her signature stamp in lieu of an actual signature. 569
847847 Section 11. This act shall take effect July 1, 2024. 570