FL
Florida House Bill H0849

Florida 2024 Regular Session

Florida House Bill H0849 Compare Versions

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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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15-An act relating to veterinary practices; amending s. 2
16-474.202, F.S.; defining the term "veterinary 3
17-telehealth"; creating s. 474.2021, F.S.; providing a 4
18-short title; authorizing licensed veterinarians to 5
19-practice veterinary telehealth in accordance with 6
20-specified criteria; specifying the powers of the Board 7
21-of Veterinary Medicine related to the practice of 8
22-telehealth; providing that the practice of veterin ary 9
23-medicine is deemed to occur under specified 10
24-circumstances; specifying the conditions under which a 11
25-veterinarian may practice veterinary telehealth; 12
26-specifying the drugs that a veterinarian practicing 13
27-telehealth may not provide unless specified conditio ns 14
28-are met; providing specific authorizations for cases 15
29-in which the patient is a food -producing species; 16
30-amending s. 474.2165, F.S.; conforming a provision to 17
31-changes made by the act; providing an effective date. 18
32- 19
33-Be It Enacted by the Legislature of t he State of Florida: 20
34- 21
35- Section 1. Subsection (14) is added to section 474.202, 22
36-Florida Statutes, to read: 23
37- 474.202 Definitions. —As used in this chapter: 24
38- (14) "Veterinary telehealth" means the use of synchronous 25
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14+A bill to be entitled 1
15+An act relating to veterinary practices; creating s. 2
16+474.2021, F.S.; providing a short title; authorizing 3
17+licensed veterinarians to practice veterinary 4
18+telehealth in accordance with specified criteria; 5
19+specifying the powers of the Board of Veterinary 6
20+Medicine related to the practice of telehealth; 7
21+specifying the conditions under which a veterinarian 8
22+may practice veterinary telehealth; specifying the 9
23+drugs a veterinarian practicing telehealth may not 10
24+provide under specified circumstances; providing 11
25+specific authorizations for cases where a patient is a 12
26+food-producing species; amending s. 474.2165, F.S.; 13
27+conforming provisions to changes made by the act; 14
28+amending s. 828.30, F.S.; authorizing certain persons 15
29+to administer rabies vaccinations to certain animals 16
30+under indirect supervision of a veterinarian; 17
31+providing supervising veterinarian assumes 18
32+responsibility for specified people who provide 19
33+vaccinations; defining the term "indirect 20
34+supervision"; amending ss. 474.203, 767.16, and 21
35+828.29, F.S.; conforming provisions to changes made by 22
36+the act; providing an effective date. 23
37+ 24
38+Be It Enacted by the Legislature of the State of Florida: 25
39+
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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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51-or asynchronous telecommunications tech nology by a telehealth 26
52-provider to provide health care services, including, but not 27
53-limited to, assessment, diagnosis, consultation, treatment, and 28
54-monitoring of a patient; transfer of medical data; patient and 29
55-professional health-related education; public health services; 30
56-and health administration. 31
57- Section 2. Section 474.2021, Florida Statutes, is created 32
58-to read: 33
59- 474.2021 Veterinary telehealth. — 34
60- (1) This section may be cited as the "Providing Equity in 35
61-Telehealth Services Act." 36
62- (2) A veterinarian who holds a current license to practice 37
63-veterinary medicine in this state may practice veterinary 38
64-telehealth. 39
65- (3) The board has jurisdiction over a veterinarian 40
66-practicing veterinary telehealth, regardless of where the 41
67-veterinarian's physical office is located. The practice of 42
68-veterinary medicine is deemed to occur when the veterinarian, 43
69-the patient, or both are located within this state at the time 44
70-the veterinarian practices veterinary telehealth. 45
71- (4) A veterinarian practicing veterinary telehealth: 46
72- (a) May not engage in the practice of veterinary 47
73-telehealth unless it is within the context of a 48
74-veterinarian/client/patient relationship; 49
75- (b) Shall practice in a manner consistent with his or her 50
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51+ 26
52+ Section 1. Section 47 4.2021, Florida Statutes, is created 27
53+to read: 28
54+ 474.2021 Veterinary telehealth. — 29
55+ (1) This section may be cited as the "Providing Equity in 30
56+Telehealth Services Act." 31
57+ (2) A veterinarian who holds a current license to practice 32
58+veterinary medicine in this state may practice veterinary 33
59+telehealth. For purposes of this section, the term "telehealth" 34
60+has the same meaning as in s. 456.47(1). 35
61+ (3) The board has jurisdiction over a veterinarian 36
62+practicing veterinary telehealth, regardless of where the 37
63+veterinarian's physical office is located. The practice of 38
64+veterinary medicine is deemed to occur at the premises where the 39
65+patient is located at the time the veterinarian practices 40
66+veterinary telehealth. 41
67+ (4) A veterinarian practicing veterinary telehealth: 42
68+ (a) May not engage in the practice of veterinary 43
69+telehealth unless it is within the context of a 44
70+veterinarian/client/patient relationship; 45
71+ (b) Must practice in a manner consistent with his or her 46
72+scope of practice and the prevailing professional standard o f 47
73+practice for a veterinarian who provides in -person veterinary 48
74+services to patients in this state; 49
75+ (c) May use telehealth to perform a patient evaluation. If 50
76+
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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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88-scope of practice and the prevailing professional stand ard of 51
89-practice for a veterinarian who provides in -person veterinary 52
90-services to patients in this state and shall employ sound, 53
91-professional judgment to determine whether using veterinary 54
92-telehealth is an appropriate method for delivering medical 55
93-advice or treatment to the patient; 56
94- (c) May use veterinary telehealth to perform an initial 57
95-patient evaluation to establish the veterinarian/client/patient 58
96-relationship if the evaluation is conducted using synchronous, 59
97-audiovisual communication. The evaluation ma y not be performed 60
98-using audio only communications, text messaging, questionnaires, 61
99-chatbots, or other similar means. If a veterinarian practicing 62
100-telehealth conducts a patient evaluation sufficient to diagnose 63
101-and treat the patient, the veterinarian is no t required to 64
102-research a patient's medical history or conduct a physical 65
103-examination of the patient before using veterinary telehealth to 66
104-provide a veterinary health care service to the patient; 67
105- (d) If the initial patient evaluation is performed using 68
106-veterinary telehealth, must provide the client with a statement 69
107-containing the veterinarian's name, license number, and contact 70
108-information and the contact information for at least one 71
109-physical veterinary clinic in the vicinity of the patient's 72
110-location and instructions for how to receive patient follow -up 73
111-care or assistance if the veterinarian and client are unable to 74
112-communicate because of a technological or equipment failure or 75
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88+a veterinarian practicing telehealth conducts a patient 51
89+evaluation sufficient to diagnose and t reat the patient, the 52
90+veterinarian is not required to research a patient's medical 53
91+history or conduct a physical examination of the patient before 54
92+using veterinary telehealth to provide a veterinary health care 55
93+service to the patient; and 56
94+ (d) Must prescribe all drugs and medications in accordance 57
95+with all federal and state laws. A veterinarian practicing 58
96+veterinary telehealth may order, prescribe, or make available 59
97+medicinal drugs or drugs as defined in s. 465.003. A 60
98+veterinarian may not use telehealth to prescribe a controlled 61
99+substance listed in Schedule II of s. 893.03. 62
100+ (5) A veterinarian personally acquainted with the caring 63
101+and keeping of an animal or group of animals on food -producing 64
102+animal operations on land classified as agricultural pursuant to 65
103+s. 193.461 who has recently seen the animal or group of animals 66
104+or has made medically appropriate and timely visits to the 67
105+premises where the animal or group of animals is kept may 68
106+practice veterinary telehealth for animals on such operations. 69
107+ Section 2. Subsection (1) of section 474.2165, Florida 70
108+Statutes, is amended to read: 71
109+ 474.2165 Ownership and control of veterinary medical 72
110+patient records; report or copies of records to be furnished. — 73
111+ (1) As used in this section, the term "records owner" 74
112+means any veterinarian who generates a medical record after 75
113+
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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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125-if there is an adverse reaction to treatment, and inform the 76
126-client that, if medication is prescribed, the client may obtain 77
127-a prescription that may be filled at the pharmacy of his or her 78
128-choice. The veterinarian shall obtain from the client a signed 79
129-and dated statement indicating the client has received the 80
130-required information b efore practicing veterinary telehealth; 81
131- (e) Shall prescribe all drugs and medications in 82
132-accordance with all federal and state laws and the following 83
133-requirements: 84
134- 1. A veterinarian practicing veterinary telehealth may 85
135-order, prescribe, or make availab le medicinal drugs or drugs 86
136-specifically approved for use in animals by the United States 87
137-Food and Drug Administration, the use of which conforms to the 88
138-approved labeling. Prescriptions based solely on a telehealth 89
139-evaluation may be issued for up to 1 mont h for products labeled 90
140-solely for flea and tick control and up to 14 days of treatment 91
141-for other animal drugs. Prescriptions based solely on a 92
142-telehealth evaluation may not be renewed without an in -person 93
143-examination. 94
144- 2. A veterinarian practicing veterin ary telehealth may not 95
145-order, prescribe, or make available medicinal drugs or drugs as 96
146-defined in s. 465.003 approved by the United States Food and 97
147-Drug Administration for human use or compounded antibacterial, 98
148-antifungal, antiviral, or antiparasitic medic ations, unless the 99
149-veterinarian has conducted an in -person physical examination of 100
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125+making an a physical examination of, or administering treatment 76
126+or dispensing legend drugs to, any patient; any veterinarian to 77
127+whom records are transferred by a previous records owner; or any 78
128+veterinarian's employer, provided the employment contract or 79
129+agreement between the employer and the veterinarian designates 80
130+the employer as the records owner. 81
131+ Section 3. Subsections (1) and (3) of section 828.30, 82
132+Florida Statutes, are amended to read: 83
133+ 828.30 Rabies vaccination of dogs, cats, and ferrets. — 84
134+ (1)(a) All dogs, cats, and ferrets 4 months of age or 85
135+older must be vaccinated by a licensed veterinarian or a person 86
136+authorized under paragraph (b) against rabies with a vaccine 87
137+that is licensed by t he United States Department of Agriculture 88
138+for use in those species. 89
139+ (b) Acting under the indirect supervision of a 90
140+veterinarian, an employee, an agent, or a contractor of a county 91
141+or municipal animal control authority or sheriff may vaccinate 92
142+against rabies dogs, cats, and ferrets in the custody of an 93
143+animal control authority or a sheriff that will be transferred, 94
144+rescued, fostered, adopted, or reclaimed by the owner. The 95
145+supervising veterinarian assumes responsibility for any person 96
146+vaccinating animals at his or her direction or under his or her 97
147+direct or indirect supervision. As used in this paragraph, the 98
148+term "indirect supervision" means that the supervising 99
149+veterinarian is required to be available for consultation 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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162-the animal or made medically appropriate and timely visits to 101
163-the premises where the animal is kept. 102
164- 3. A veterinarian may not use veterinary telehealth to 103
165-prescribe a controlled substance as defined in chapter 893 104
166-unless the veterinarian has conducted an in -person physical 105
167-examination of the animal or made medically appropriate and 106
168-timely visits within the past year to the premises where the 107
169-animal is kept. 108
170- 4. A veterinarian practicing veterinary telehealth may not 109
171-prescribe a drug or other medication for use on a horse engaged 110
172-in racing or training at a facility under the jurisdiction of 111
173-the Florida Gaming Control Commission or on a horse that is a 112
174-covered horse as defin ed in the federal Horseracing Integrity 113
175-and Safety Act, 15 U.S.C. ss. 3051 et seq.; 114
176- (f) Shall be familiar with available veterinary resources, 115
177-including emergency resources, near the patient's location and 116
178-be able to provide the client with a list of nea rby 117
179-veterinarians who may be able to see the patient in person upon 118
180-the request of the client; 119
181- (g) Shall keep, maintain, and make available a summary of 120
182-the patient record as provided in s. 474.2165; and 121
183- (h) May not use veterinary telehealth to issue a n 122
184-international or interstate travel certificate or a certificate 123
185-of veterinary inspection. 124
186- (5) A veterinarian personally acquainted with the caring 125
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162+through telecommunications but is no t required to be physically 101
163+present during such consultation. 102
164+ (c) The owner of every dog, cat, and ferret shall have the 103
165+animal revaccinated 12 months after the initial vaccination. 104
166+Thereafter, the interval between vaccinations shall conform to 105
167+the vaccine manufacturer's directions. The cost of vaccination 106
168+must be borne by the animal's owner. Evidence of circulating 107
169+rabies virus neutralizing antibodies may shall not be used as a 108
170+substitute for current vaccination in managing rabies exposure 109
171+or determining the need for booster vaccinations. 110
172+ (3) Upon vaccination against rabies, the licensed 111
173+veterinarian shall provide the animal's owner and the animal 112
174+control authority with a rabies vaccination certificate. Each 113
175+animal control authority and veterinarian sha ll use the "Rabies 114
176+Vaccination Certificate" of the National Association of State 115
177+Public Health Veterinarians (NASPHV) or an equivalent form 116
178+approved by the local government that contains all the 117
179+information required by the NASPHV Rabies Vaccination 118
180+Certificate. The veterinarian who administers the rabies 119
181+vaccination or who supervises the administration of the rabies 120
182+vaccination as provided in paragraph (1)(b) vaccine to an animal 121
183+as authorized required under this section may affix his or her 122
184+signature stamp in lieu of an actual signature. 123
185+ Section 4. Paragraph (a) of subsection (5) of section 124
186+474.203, Florida Statutes, is amended to read: 125
187+
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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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199-and keeping of an animal or group of animals on food -producing 126
200-animal operations on land classified as ag ricultural pursuant to 127
201-s. 193.461 who has recently seen the animal or group of animals 128
202-or has made medically appropriate and timely visits to the 129
203-premises where the animal or group of animals is kept may 130
204-practice veterinary telehealth for animals on such o perations. 131
205- Section 3. Subsection (1) of section 474.2165, Florida 132
206-Statutes, is amended to read: 133
207- 474.2165 Ownership and control of veterinary medical 134
208-patient records; report or copies of records to be furnished. — 135
209- (1) As used in this section, the ter m "records owner" 136
210-means any veterinarian who generates a medical record after 137
211-making an a physical examination of, or administering treatment 138
212-or dispensing legend drugs to, any patient; any veterinarian to 139
213-whom records are transferred by a previous records owner; or any 140
214-veterinarian's employer, provided the employment contract or 141
215-agreement between the employer and the veterinarian designates 142
216-the employer as the records owner. 143
217- Section 4. This act shall take effect July 1, 2024. 144
199+ 474.203 Exemptions. —This chapter does not apply to: 126
200+ (5)(a) Any person, or the person's regular employee, 127
201+administering to the ills or injuries of her or his own animals, 128
202+including, but not limited to, castration, spaying, and 129
203+dehorning of herd animals, unless title is transferred or 130
204+employment provided for the purpose of circumventing this law. 131
205+This exemption does not apply to any person licensed as a 132
206+veterinarian in another state or foreign jurisdiction and 133
207+practicing temporarily in this state. However, except as 134
208+provided in s. 828.30, only a veterinarian may immunize or treat 135
209+an animal for diseases that are communica ble to humans and that 136
210+are of public health significance. 137
211+ 138
212+For the purposes of chapters 465 and 893, persons exempt 139
213+pursuant to subsection (1), subsection (2), or subsection (4) 140
214+are deemed to be duly licensed practitioners authorized by the 141
215+laws of this state to prescribe drugs or medicinal supplies. 142
216+ Section 5. Subsection (2) of section 767.16, Florida 143
217+Statutes, is amended to read: 144
218+ 767.16 Police canine or service dog; exemption. — 145
219+ (2) Any dog used as a service dog for blind, hearing 146
220+impaired, or disabled persons that bites another animal or a 147
221+human is exempt from any quarantine requirement following such 148
222+bite if the dog has a current rabies vaccination that was 149
223+administered as provided in s. 828.30 by a licensed 150
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232+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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236+veterinarian. 151
237+ Section 6. Paragraph (b) of subsection (1) and paragraph 152
238+(b) of subsection (2) of section 828.29, Florida Statutes, are 153
239+amended to read: 154
240+ 828.29 Dogs and cats transported or offered for sale; 155
241+health requirements; consumer guarantee. — 156
242+ (1) 157
243+ (b) For each dog offered for sale w ithin the state, the 158
244+tests, vaccines, and anthelmintics required by this section must 159
245+be administered by or under the direction of a veterinarian, 160
246+licensed by the state and accredited by the United States 161
247+Department of Agriculture, who issues the official certificate 162
248+of veterinary inspection. The tests, vaccines, and anthelmintics 163
249+must be administered before the dog is offered for sale in the 164
250+state, unless the licensed, accredited veterinarian certifies on 165
251+the official certificate of veterinary inspection t hat to 166
252+inoculate or deworm the dog is not in the best medical interest 167
253+of the dog, in which case the vaccine or anthelmintic may not be 168
254+administered to that particular dog. Each dog must receive 169
255+vaccines and anthelmintics against the following diseases and 170
256+internal parasites: 171
257+ 1. Canine distemper. 172
258+ 2. Leptospirosis. 173
259+ 3. Bordetella (by intranasal inoculation or by an 174
260+alternative method of administration if deemed necessary by the 175
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269+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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273+attending veterinarian and noted on the health certificate, 176
274+which must be administered in this state once before sale). 177
275+ 4. Parainfluenza. 178
276+ 5. Hepatitis. 179
277+ 6. Canine parvo. 180
278+ 7. Rabies, provided the dog is over 3 months of age and 181
279+the inoculation is administered as provided in s. 828.30 by a 182
280+licensed veterinarian . 183
281+ 8. Roundworms. 184
282+ 9. Hookworms. 185
283+ 186
284+If the dog is under 4 months of age, the tests, vaccines, and 187
285+anthelmintics required by this section must be administered no 188
286+more than 21 days before sale within the state. If the dog is 4 189
287+months of age or older, the tests, vaccines, and anthelmintics 190
288+required by this section must be administered at or after 3 191
289+months of age, but no more than 1 year before sale within the 192
290+state. 193
291+ (2) 194
292+ (b) For each cat offered for sale within the state, the 195
293+tests, vaccines, and anthelmintics required by this section must 196
294+be administered by or under the direction of a veterinarian, 197
295+licensed by the state and accredited by the United States 198
296+Department of Agriculture, who issues the official certificate 199
297+of veterinary inspection. The tests, vaccines, and anthelmintics 200
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306+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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310+must be administered before the cat is offered for sale in the 201
311+state, unless the licensed, accredited veterinarian certifies on 202
312+the official certificate of veterinary inspection that to 203
313+inoculate or deworm the cat is not in the best medical interest 204
314+of the cat, in which case the vaccine or anthelmintic may not be 205
315+administered to that particular cat. Each cat must receive 206
316+vaccines and anthelmintics against the following diseases and 207
317+internal parasites: 208
318+ 1. Panleukopenia. 209
319+ 2. Feline viral rhinotracheitis. 210
320+ 3. Calici virus. 211
321+ 4. Rabies, if the cat is over 3 months of age and the 212
322+inoculation is administered as provided in s. 828.30 by a 213
323+licensed veterinarian . 214
324+ 5. Hookworms. 215
325+ 6. Roundworms. 216
326+ 217
327+If the cat is under 4 months of age, the tests, vaccines, and 218
328+anthelmintics required by this section must be administered no 219
329+more than 21 days before sale within the state. If the cat is 4 220
330+months of age or older, the tests, vaccines, and anthelmintics 221
331+required by this section must be administered at or after 3 222
332+months of age, but no more than 1 year before sale within the 223
333+state. 224
334+ Section 7. This act shall take effect July 1, 2024. 225