Florida 2024 2024 Regular Session

Florida House Bill H0849 Introduced / Bill

Filed 12/12/2023

                       
 
HB 849  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to veterinary practices; creating s. 2 
474.2021, F.S.; providing a short title; authorizing 3 
licensed veterinarians to practice veterinary 4 
telehealth in accordance with specified criteria; 5 
specifying the powers of the Board of Veterinary 6 
Medicine related to the practice of telehealth; 7 
specifying the conditions under which a veterinarian 8 
may practice veterinary telehealth; specifying the 9 
drugs a veterinarian practicing telehealth may not 10 
provide under specified circumstances; providing 11 
specific authorizations for cases where a patient is a 12 
food-producing species; amending s. 474.2165, F.S.; 13 
conforming provisions to changes made by the act; 14 
amending s. 828.30, F.S.; authorizing certain persons 15 
to administer rabies vaccinations to certain animals 16 
under indirect supervision of a veterinarian; 17 
providing supervising veterinarian assumes 18 
responsibility for specified people who provide 19 
vaccinations; defining the term "indirect 20 
supervision"; amending ss. 474.203, 767.16, and 21 
828.29, F.S.; conforming provisions to changes made by 22 
the act; providing an effective date. 23 
 24 
Be It Enacted by the Legislature of the State of Florida: 25     
 
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 26 
 Section 1.  Section 47 4.2021, Florida Statutes, is created 27 
to read: 28 
 474.2021  Veterinary telehealth. — 29 
 (1)  This section may be cited as the "Providing Equity in 30 
Telehealth Services Act." 31 
 (2)  A veterinarian who holds a current license to practice 32 
veterinary medicine in this state may practice veterinary 33 
telehealth. For purposes of this section, the term "telehealth" 34 
has the same meaning as in s. 456.47(1). 35 
 (3)  The board has jurisdiction over a veterinarian 36 
practicing veterinary telehealth, regardless of where the 37 
veterinarian's physical office is located. The practice of 38 
veterinary medicine is deemed to occur at the premises where the 39 
patient is located at the time the veterinarian practices 40 
veterinary telehealth. 41 
 (4)  A veterinarian practicing veterinary telehealth: 42 
 (a)  May not engage in the practice of veterinary 43 
telehealth unless it is within the context of a 44 
veterinarian/client/patient relationship; 45 
 (b)  Must practice in a manner consistent with his or her 46 
scope of practice and the prevailing professional standard o f 47 
practice for a veterinarian who provides in -person veterinary 48 
services to patients in this state; 49 
 (c)  May use telehealth to perform a patient evaluation. If 50     
 
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a veterinarian practicing telehealth conducts a patient 51 
evaluation sufficient to diagnose and t reat the patient, the 52 
veterinarian is not required to research a patient's medical 53 
history or conduct a physical examination of the patient before 54 
using veterinary telehealth to provide a veterinary health care 55 
service to the patient; and 56 
 (d)  Must prescribe all drugs and medications in accordance 57 
with all federal and state laws. A veterinarian practicing 58 
veterinary telehealth may order, prescribe, or make available 59 
medicinal drugs or drugs as defined in s. 465.003. A 60 
veterinarian may not use telehealth to prescribe a controlled 61 
substance listed in Schedule II of s. 893.03. 62 
 (5)  A veterinarian personally acquainted with the caring 63 
and keeping of an animal or group of animals on food -producing 64 
animal operations on land classified as agricultural pursuant to 65 
s. 193.461 who has recently seen the animal or group of animals 66 
or has made medically appropriate and timely visits to the 67 
premises where the animal or group of animals is kept may 68 
practice veterinary telehealth for animals on such operations. 69 
 Section 2.  Subsection (1) of section 474.2165, Florida 70 
Statutes, is amended to read: 71 
 474.2165  Ownership and control of veterinary medical 72 
patient records; report or copies of records to be furnished. — 73 
 (1)  As used in this section, the term "records owner" 74 
means any veterinarian who generates a medical record after 75     
 
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making an a physical examination of, or administering treatment 76 
or dispensing legend drugs to, any patient; any veterinarian to 77 
whom records are transferred by a previous records owner; or any 78 
veterinarian's employer, provided the employment contract or 79 
agreement between the employer and the veterinarian designates 80 
the employer as the records owner. 81 
 Section 3.  Subsections (1) and (3) of section 828.30, 82 
Florida Statutes, are amended to read: 83 
 828.30  Rabies vaccination of dogs, cats, and ferrets. — 84 
 (1)(a) All dogs, cats, and ferrets 4 months of age or 85 
older must be vaccinated by a licensed veterinarian or a person 86 
authorized under paragraph (b) against rabies with a vaccine 87 
that is licensed by t he United States Department of Agriculture 88 
for use in those species. 89 
 (b)  Acting under the indirect supervision of a 90 
veterinarian, an employee, an agent, or a contractor of a county 91 
or municipal animal control authority or sheriff may vaccinate 92 
against rabies dogs, cats, and ferrets in the custody of an 93 
animal control authority or a sheriff that will be transferred, 94 
rescued, fostered, adopted, or reclaimed by the owner. The 95 
supervising veterinarian assumes responsibility for any person 96 
vaccinating animals at his or her direction or under his or her 97 
direct or indirect supervision. As used in this paragraph, the 98 
term "indirect supervision" means that the supervising 99 
veterinarian is required to be available for consultation 100     
 
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through telecommunications but is no t required to be physically 101 
present during such consultation. 102 
 (c) The owner of every dog, cat, and ferret shall have the 103 
animal revaccinated 12 months after the initial vaccination. 104 
Thereafter, the interval between vaccinations shall conform to 105 
the vaccine manufacturer's directions. The cost of vaccination 106 
must be borne by the animal's owner. Evidence of circulating 107 
rabies virus neutralizing antibodies may shall not be used as a 108 
substitute for current vaccination in managing rabies exposure 109 
or determining the need for booster vaccinations. 110 
 (3)  Upon vaccination against rabies, the licensed 111 
veterinarian shall provide the animal's owner and the animal 112 
control authority with a rabies vaccination certificate. Each 113 
animal control authority and veterinarian sha ll use the "Rabies 114 
Vaccination Certificate" of the National Association of State 115 
Public Health Veterinarians (NASPHV) or an equivalent form 116 
approved by the local government that contains all the 117 
information required by the NASPHV Rabies Vaccination 118 
Certificate. The veterinarian who administers the rabies 119 
vaccination or who supervises the administration of the rabies 120 
vaccination as provided in paragraph (1)(b) vaccine to an animal 121 
as authorized required under this section may affix his or her 122 
signature stamp in lieu of an actual signature. 123 
 Section 4.  Paragraph (a) of subsection (5) of section 124 
474.203, Florida Statutes, is amended to read: 125     
 
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 474.203  Exemptions. —This chapter does not apply to: 126 
 (5)(a)  Any person, or the person's regular employee, 127 
administering to the ills or injuries of her or his own animals, 128 
including, but not limited to, castration, spaying, and 129 
dehorning of herd animals, unless title is transferred or 130 
employment provided for the purpose of circumventing this law. 131 
This exemption does not apply to any person licensed as a 132 
veterinarian in another state or foreign jurisdiction and 133 
practicing temporarily in this state. However, except as 134 
provided in s. 828.30, only a veterinarian may immunize or treat 135 
an animal for diseases that are communica ble to humans and that 136 
are of public health significance. 137 
 138 
For the purposes of chapters 465 and 893, persons exempt 139 
pursuant to subsection (1), subsection (2), or subsection (4) 140 
are deemed to be duly licensed practitioners authorized by the 141 
laws of this state to prescribe drugs or medicinal supplies. 142 
 Section 5.  Subsection (2) of section 767.16, Florida 143 
Statutes, is amended to read: 144 
 767.16  Police canine or service dog; exemption. — 145 
 (2)  Any dog used as a service dog for blind, hearing 146 
impaired, or disabled persons that bites another animal or a 147 
human is exempt from any quarantine requirement following such 148 
bite if the dog has a current rabies vaccination that was 149 
administered as provided in s. 828.30 by a licensed 150     
 
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veterinarian. 151 
 Section 6.  Paragraph (b) of subsection (1) and paragraph 152 
(b) of subsection (2) of section 828.29, Florida Statutes, are 153 
amended to read: 154 
 828.29  Dogs and cats transported or offered for sale; 155 
health requirements; consumer guarantee. — 156 
 (1) 157 
 (b)  For each dog offered for sale w ithin the state, the 158 
tests, vaccines, and anthelmintics required by this section must 159 
be administered by or under the direction of a veterinarian, 160 
licensed by the state and accredited by the United States 161 
Department of Agriculture, who issues the official certificate 162 
of veterinary inspection. The tests, vaccines, and anthelmintics 163 
must be administered before the dog is offered for sale in the 164 
state, unless the licensed, accredited veterinarian certifies on 165 
the official certificate of veterinary inspection t hat to 166 
inoculate or deworm the dog is not in the best medical interest 167 
of the dog, in which case the vaccine or anthelmintic may not be 168 
administered to that particular dog. Each dog must receive 169 
vaccines and anthelmintics against the following diseases and 170 
internal parasites: 171 
 1.  Canine distemper. 172 
 2.  Leptospirosis. 173 
 3.  Bordetella (by intranasal inoculation or by an 174 
alternative method of administration if deemed necessary by the 175     
 
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attending veterinarian and noted on the health certificate, 176 
which must be administered in this state once before sale). 177 
 4.  Parainfluenza. 178 
 5.  Hepatitis. 179 
 6.  Canine parvo. 180 
 7.  Rabies, provided the dog is over 3 months of age and 181 
the inoculation is administered as provided in s. 828.30 by a 182 
licensed veterinarian . 183 
 8.  Roundworms. 184 
 9.  Hookworms. 185 
 186 
If the dog is under 4 months of age, the tests, vaccines, and 187 
anthelmintics required by this section must be administered no 188 
more than 21 days before sale within the state. If the dog is 4 189 
months of age or older, the tests, vaccines, and anthelmintics 190 
required by this section must be administered at or after 3 191 
months of age, but no more than 1 year before sale within the 192 
state. 193 
 (2) 194 
 (b)  For each cat offered for sale within the state, the 195 
tests, vaccines, and anthelmintics required by this section must 196 
be administered by or under the direction of a veterinarian, 197 
licensed by the state and accredited by the United States 198 
Department of Agriculture, who issues the official certificate 199 
of veterinary inspection. The tests, vaccines, and anthelmintics 200     
 
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must be administered before the cat is offered for sale in the 201 
state, unless the licensed, accredited veterinarian certifies on 202 
the official certificate of veterinary inspection that to 203 
inoculate or deworm the cat is not in the best medical interest 204 
of the cat, in which case the vaccine or anthelmintic may not be 205 
administered to that particular cat. Each cat must receive 206 
vaccines and anthelmintics against the following diseases and 207 
internal parasites: 208 
 1.  Panleukopenia. 209 
 2.  Feline viral rhinotracheitis. 210 
 3.  Calici virus. 211 
 4.  Rabies, if the cat is over 3 months of age and the 212 
inoculation is administered as provided in s. 828.30 by a 213 
licensed veterinarian . 214 
 5.  Hookworms. 215 
 6.  Roundworms. 216 
 217 
If the cat is under 4 months of age, the tests, vaccines, and 218 
anthelmintics required by this section must be administered no 219 
more than 21 days before sale within the state. If the cat is 4 220 
months of age or older, the tests, vaccines, and anthelmintics 221 
required by this section must be administered at or after 3 222 
months of age, but no more than 1 year before sale within the 223 
state. 224 
 Section 7.  This act shall take effect July 1, 2024. 225