Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 654
       
       
       
       
       
       
                                Barcode 520502                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2012           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Regulated Industries (Dean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.0031, Florida Statutes, is amended
    6  to read:
    7         381.0031 Report of diseases of public health significance
    8  to department.—
    9         (1) A Any practitioner licensed in this state to practice
   10  medicine, osteopathic medicine, chiropractic medicine,
   11  naturopathy, or veterinary medicine; any hospital licensed under
   12  part I of chapter 395; or any laboratory licensed under chapter
   13  483 that diagnoses or suspects the existence of a disease of
   14  public health significance shall immediately report the fact to
   15  the Department of Health.
   16         (2) An animal control officer operating under s. 828.27, a
   17  wildlife officer operating under s. 379.3311, or an animal
   18  disease laboratory operating under s. 585.61 shall report
   19  knowledge of any animal bite, diagnosis of disease in an animal,
   20  or suspicion of a grouping or clustering of animals having
   21  similar disease, symptoms, or syndromes that may indicate the
   22  presence of a threat to humans.
   23         (3)(2)Periodically The department shall periodically issue
   24  a list of infectious or noninfectious diseases determined by it
   25  to be a threat to public health and therefore of significance to
   26  public health and shall furnish a copy of the list to the
   27  practitioners listed in subsection (1).
   28         (4)(3) Reports required by this section must be in
   29  accordance with methods specified by rule of the department.
   30         (5)(4) Information submitted in reports required by this
   31  section is confidential, exempt from the provisions of s.
   32  119.07(1), and is to be made public only when necessary to
   33  public health. A report so submitted is not a violation of the
   34  confidential relationship between practitioner and patient.
   35         (6)(5) The department may obtain and inspect copies of
   36  medical records, records of laboratory tests, and other medical
   37  related information for reported cases of diseases of public
   38  health significance described in subsection (3) (2). The
   39  department shall examine the records of a person who has a
   40  disease of public health significance only for purposes of
   41  preventing and eliminating outbreaks of disease and making
   42  epidemiological investigations of reported cases of diseases of
   43  public health significance, notwithstanding any other law to the
   44  contrary. Health care practitioners, licensed health care
   45  facilities, and laboratories shall allow the department to
   46  inspect and obtain copies of such medical records and medical
   47  related information, notwithstanding any other law to the
   48  contrary. Release of medical records and medical-related
   49  information to the department by a health care practitioner,
   50  licensed health care facility, or laboratory, or by an
   51  authorized employee or agent thereof, does not constitute a
   52  violation of the confidentiality of patient records. A health
   53  care practitioner, health care facility, or laboratory, or any
   54  employee or agent thereof, may not be held liable in any manner
   55  for damages and is not subject to criminal penalties for
   56  providing patient records to the department as authorized by
   57  this section.
   58         (7)(6) The department may adopt rules related to reporting
   59  diseases of significance to public health, which must specify
   60  the information to be included in the report, who is required to
   61  report, the method and time period for reporting, requirements
   62  for enforcement, and required followup activities by the
   63  department which are necessary to protect public health.
   64         (8) This section does not affect s. 384.25.
   65         Section 2. Section 828.055, Florida Statutes, is amended to
   66  read:
   67         828.055 Controlled substances and legend drugs Sodium
   68  pentobarbital; permits for use in euthanasia of domestic
   69  animals.—
   70         (1) The Board of Pharmacy shall adopt rules providing for
   71  the issuance of permits authorizing the purchase, possession,
   72  and use of sodium pentobarbital, and sodium pentobarbital with
   73  lidocaine, tiletamine hydrochloride, alone or combined with
   74  zolazepam (including Telazol), xylazine (including Rompun),
   75  ketamine, acepromazine maleate (also acetylpromazine, and
   76  including Atravet or Acezine), alone or combined with etorphine
   77  (including Immobilon), and yohimbine hydrochloride, alone or
   78  combined with atipamezole (including Antisedan) by county or
   79  municipal animal control agencies or humane societies registered
   80  with the Secretary of State for the purpose of euthanizing
   81  injured, sick, or abandoned domestic animals which are in their
   82  lawful possession or for the chemical immobilization of animals.
   83  The rules shall set forth guidelines for the proper storage and
   84  handling of these prescription drugs sodium pentobarbital and
   85  sodium pentobarbital with lidocaine and such other provisions as
   86  may be necessary to ensure that the drugs are used solely for
   87  the purpose set forth in this section. The rules shall also
   88  provide for an application fee not to exceed $50 and a biennial
   89  renewal fee not to exceed $50. Upon formal, written request and
   90  recommendation adopted in a public meeting by the Board of
   91  Veterinary Medicine, the Board of Pharmacy may, by rule, add
   92  controlled substances and legend drugs to the list of
   93  prescription drugs in this subsection upon a finding that such
   94  additions are necessary for the humane and lawful euthanasia of
   95  injured, sick, or abandoned domestic animals or chemical
   96  immobilization of animals.
   97         (2) Any county or municipal animal control agency or any
   98  humane society registered with the Secretary of State may apply
   99  to the Department of Health Business and Professional Regulation
  100  for a permit to purchase, possess, and use the prescription
  101  drugs authorized under sodium pentobarbital or sodium
  102  pentobarbital with lidocaine pursuant to subsection (1). Upon
  103  certification by the Board of Pharmacy that the applicant meets
  104  the qualifications set forth in the rules, the Department of
  105  Health shall issue the permit. The possession and use of the
  106  prescription drugs authorized under subsection (1) is limited to
  107  those employees or agents of the permittee certified in
  108  accordance with s. 828.058 or s. 828.27 while operating in the
  109  scope of their respective official or employment duties with the
  110  permittee.
  111         (3) The department or the board may deny a permit, and
  112  revoke, or suspend, or refuse to renew the permit of any
  113  permittee, and may fine, place on probation, or otherwise
  114  discipline any permittee, upon a determination that:
  115         (a) The applicant or permittee or any of its employees or
  116  agents is using or has used a prescription drug authorized under
  117  subsection (1) sodium pentobarbital or sodium pentobarbital with
  118  lidocaine for any purpose other than that set forth in this
  119  section; or if the permittee fails to follow the rules of the
  120  board regarding proper storage and handling.
  121         (b) The applicant or permittee has failed to take
  122  reasonable precautions against misuse, theft, loss, or diversion
  123  of such prescription drugs;
  124         (c) The applicant or permittee has failed to detect or to
  125  report to the Department of Health a significant loss, theft, or
  126  inventory shortage of such prescription drugs;
  127         (d) The applicant or permittee has failed to follow the
  128  rules of the Board of Pharmacy regarding proper storage and
  129  handling of such prescription drugs; or
  130         (e) The permittee has violated this section, chapter 465,
  131  chapter 499, or any rule adopted under those chapters.
  132         (4) The board shall adopt rules implementing subsection
  133  (3), provided that disciplinary action may be taken only for a
  134  substantial violation of this section or the rules adopted under
  135  this section. In determining the severity of an administrative
  136  penalty to be assessed under this section, the Department or the
  137  Board of Pharmacy shall consider:
  138         (a) The severity of the violation;
  139         (b) Any actions taken by the person to correct the
  140  violation or to remedy complaints, and the timing of those
  141  actions; and
  142         (c) Any previous violations.
  143         (5) The Department of Health may issue an emergency order
  144  immediately suspending a permit issued under this section upon a
  145  determination that a permittee, as a result of a violation of
  146  this section or any rule adopted under this section, presents a
  147  danger to the public health, safety, and welfare.
  148         (6) This section does not apply to licensed pharmacies,
  149  veterinarians, or health care practitioners operating within the
  150  scope of the applicable professional act.
  151         Section 3. Subsection (1) of section 828.058, Florida
  152  Statutes, is amended to read:
  153         828.058 Euthanasia of dogs and cats.—
  154         (1) Sodium pentobarbital, a sodium pentobarbital
  155  derivative, or other agent the Board of Veterinary Medicine may
  156  approve by rule shall be the only methods used for euthanasia of
  157  dogs and cats by public or private agencies, animal shelters, or
  158  other facilities which are operated for the collection and care
  159  of stray, neglected, abandoned, or unwanted animals. A lethal
  160  solution shall be used in the following order of preference:
  161         (a) Intravenous injection by hypodermic needle;
  162         (b) Intraperitoneal injection by hypodermic needle; or
  163         (c) If the dog or cat is unconscious with no corneal
  164  reflex, intracardial injection by hypodermic needle; or
  165         (d) Solution or powder added to food.
  166         Section 4. This act shall take effect July 1, 2012.
  167  
  168  ================= T I T L E  A M E N D M E N T ================
  169         And the title is amended as follows:
  170         Delete everything before the enacting clause
  171  and insert:
  172                        A bill to be entitled                      
  173         An act relating to animal control; amending s.
  174         381.0031, F.S.; requiring animal control officers,
  175         wildlife officers, and disease laboratories to report
  176         potential health risks to humans from animals;
  177         amending s. 828.055, F.S.; providing for use of
  178         additional prescription drugs for euthanasia and
  179         chemical immobilization of animals; providing for
  180         rulemaking to expand the list of additional
  181         prescription drugs; providing that the Board of
  182         Pharmacy or the Department of Health may revoke or
  183         suspend a permit upon a determination that the
  184         permittee or its employees or agents is using or has
  185         used an authorized drug for other purposes or if a
  186         permittee has committed specified violations; amending
  187         s. 828.058, F.S.; restricting the use of intracardial
  188         injection for euthanizing animals; prohibiting the
  189         delivery of a lethal solution or powder by adding it
  190         to food; providing an effective date.