This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0303b.COM
DATE: 1/19/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 303 Rabies Vaccinations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 334
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
14 Y, 0 N, As CS Thompson Anstead
2) Commerce Committee Thompson Hamon
SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act).
All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian against
rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in those species.
The owner must have the animal revaccinated 12 months after the initial vaccination, and subsequent
vaccinations must conform to the vaccine manufacturer’s directions. The cost of vaccination must be borne by
the animal’s owner. Violations of this requirement are a civil infraction, punishable by a penalty of up to $500.
Currently, Florida law does not appear to allow anyone other than a licensed veterinarian to administer the
rabies vaccine. According to Board rule, rabies is recognized as a disease that is communicable to humans
and a public health significance, and as a result, only a veterinarian is authorized to immunize or treat an
animal for this disease.
The bill:
Allows an employee, an agent, or a contractor of a county or municipal animal control authority, or
sheriff, acting under the indirect supervision of a veterinarian, to administer rabies vaccinations to
impounded dogs, cats, and ferrets that will be transferred, rescued, fostered, adopted, or reclaimed by
the owner.
Provides that the supervising veterinarian assumes responsibility for any person vaccinating animals at
his or her direction or under his or her direct or indirect supervision.
Defines "indirect supervision," to mean the supervising veterinarian is required to be available for
consultation through telecommunications but is not required to be physically present during such
consultation.
Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his or her
signature stamp in lieu of an actual signature to the rabies vaccination certificate.
The bill is expected to have a positive fiscal impact on local government, and may have a positive fiscal impact
on the private sector.
The bill provides an effective date of July 1, 2024.
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DATE: 1/19/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Practice of Veterinary Medicine
The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation
(DBPR) implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice
act). The purpose of the practice act is to ensure that every veterinarian practicing in this state meets
minimum requirements for safe practices to protect public health and safety.
1
A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of
veterinary medicine in Florida
2
and they are subject to disciplinary action from the Board for various
violations of the practice act.
3
The practice of “veterinary medicine” is the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease, or holding oneself out as performing any of these functions.
4
Veterinary medicine includes, with respect to animals:
5
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine); and
Other branches or specialties of veterinary medicine.
The practice act does not apply to the following categories of persons:
Veterinary aides, nurses, laboratory technicians, preceptors,
6
or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision
7
of a licensed veterinarian;
Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
animals of a single owner.
Faculty veterinarians when they have assigned teaching duties at accredited
8
institutions;
Certain graduated intern/resident veterinarians of accredited institutions;
1
S. 474.201, F.S.
2
S. 474.202(11), F.S.
3
Ss. 474.213 & 474.214, F.S.
4
See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5
See s. 474.202(13), F.S. S. 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird, amphibian,
fish, or reptile, wild or domestic, living or dead.”
6
A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinical setting to
allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Nov. 30, 2023).
7
The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor
of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
8
Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates. STORAGE NAME: h0303b.COM PAGE: 3
DATE: 1/19/2024
Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
Certain doctors of veterinary medicine employed by a state agency or the United States
Government;
Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
Certain entities or persons
9
that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
or techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.
10
Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.
11
Each person to whom a veterinary license or premises permit is issued must
conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic.
12
By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to:
Render a handwriting sample to an agent of the department and, further, to have waived any
objections to its use as evidence against her or him.
Waive the confidentiality and authorize the preparation and release of medical reports
pertaining to the mental or physical condition of the licensee when the department has reason
to believe that a violation of this chapter has occurred and when the department issues an
order, based on the need for additional information, to produce such medical reports for the time
period relevant to the complaint.
13
For Fiscal Year 2021-2022, there were 12,360 actively licensed veterinarians in Florida. DBPR
received 568 complaints, which resulted in 26 disciplinary actions.
14
Rabies Vaccinations
According to the World Health Organization, “rabies is a vaccine-preventable viral disease which
occurs in more than 150 countries and territories. Once clinical symptoms appear, rabies is virtually
100 percent fatal. In up to 99 percent of cases, domestic dogs are responsible for rabies virus
transmission to humans. Rabies can be prevented through vaccination of dogs and prevention of dog
bites.”
15
All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
against rabies with a vaccine that is licensed by the U.S. Department of Agriculture (USDA) for use in
those species.
16
The owner must have the animal revaccinated 12 months after the initial vaccination,
and subsequent vaccinations must conform to the vaccine manufacturer’s directions. The cost of
vaccination must be borne by the animal’s owner. Violations of this requirement are a civil infraction,
punishable by a penalty of up to $500.
17
9
See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions, foundations,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of
veterinary medicine, or persons under the direct supervision thereof ....”
10
See s. 474.203, F.S.
11
S. 474.215(1), F.S.
12
S. 474.216, F.S.
13
S. 474.2185, F.S.
14
Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2021-2022,
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2021-22.pdf (last visited Nov. 30,
2023).
15
World Health Organization, Rabies, Sep. 20, 2023, https://www.who.int/news-room/fact-sheets/detail/rabies (last visited Dec. 14,
2023).
16
S. 828.30(1), F.S.
17
See s. 828.27(2), F.S STORAGE NAME: h0303b.COM PAGE: 4
DATE: 1/19/2024
A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined
the animal and has certified in writing that the vaccination would endanger the animal’s health because
of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be
vaccinated against rabies as soon as its health permits.
18
Upon vaccination, the licensed veterinarian is required to provide the animal’s owner and the animal
control authority with a rabies vaccination certificate.
19
The veterinarian who administers the rabies
vaccine to an animal as required under this section may affix his or her signature stamp in lieu of an
actual signature.
20
Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
under the “immediate supervision” of a licensed veterinarian.
21
In addition, the following tasks may be
performed without the licensed veterinarian on the premises:
The administration of medication and treatment, excluding vaccinations, as directed by the
licensed veterinarian; and
The obtaining of samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian.
22
The Board has recognized that the following diseases are communicable to humans and are of public
health significance, and as a result, only a veterinarian is authorized to immunize or treat an animal
for these diseases. The diseases include:
Brucellosis.
Tuberculosis.
Rabies.
Equine Encephalomyelitis.
23
Effect of the Bill
The bill:
Allows an employee, an agent, or a contractor of a county or municipal animal control authority,
or sheriff, acting under the indirect supervision of a veterinarian, to administer rabies
vaccinations to impounded dogs, cats, and ferrets that will be transferred, rescued, fostered,
adopted, or reclaimed by the owner.
Provides that the supervising veterinarian assumes responsibility for any person vaccinating
animals at his or her direction or under his or her direct or indirect supervision.
Defines "indirect supervision," to mean the supervising veterinarian is required to be available
for consultation through telecommunications but is not required to be physically present during
such consultation.
Authorizes veterinarians who supervise the administration of the rabies vaccination to affix his
or her signature stamp in lieu of an actual signature to the rabies vaccination certificate.
B. SECTION DIRECTORY:
18
S. 828.30(2), F.S.
19
Each animal control authority and veterinarian shall use the “Rabies Vaccination Certificate” of the National Association of State
Public Health Veterinarians (NASPHV) or an equivalent form approved by the local government that contains all the information
required by the NASPHV Rabies Vaccination Certificate.
20
S. 828.30(3), F.S.
21
S. 474.202(5), F.S., defines “immediate supervision” or words of similar purport to mean a licensed doctor of veterinary medicine is
on the premises whenever veterinary services are being provided.
22
R. 61G18-17.005, F.A.C.
23
R. 61G18-17.006, F.A.C. STORAGE NAME: h0303b.COM PAGE: 5
DATE: 1/19/2024
Section 1: Amends s. 828.30, F.S.; authorizing certain persons to administer rabies vaccinations to
certain animals under indirect supervision of a veterinarian.
Section 2: Amends s. 474.203, F.S., conforming provisions relating to exemptions.
Section 3: Amends s. 767.16, F.S., conforming provisions relating to police canine or service dog;
exemption.
Section 4: Amends s. 828.29, F.S., conforming provisions relating to dogs and cats transported or
offered for sale; health requirements; consumer guarantee.
Section 5: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
impounded animals without a veterinarian having to be physically present. This may create a
savings for local animal control authorities to the extent they are incurring extra veterinary costs
associated with veterinarians currently required to be onsite to administer rabies vaccinations.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce the amount of rabies cases in the state, the associated risks to the health of
humans and animals, and related expenses.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other: STORAGE NAME: h0303b.COM PAGE: 6
DATE: 1/19/2024
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On December 13, 2023, the Regulatory Reform & Economic Development Subcommittee considered the
bill, adopted one amendment, and reported the bill favorably as a committee substitute. The amendment
made a technical change that corrected a scrivener’s error.