Florida Senate - 2024                             CS for SB 1040
       
       
        
       By the Committee on Regulated Industries; and Senator Bradley
       
       
       
       
       
       580-02913-24                                          20241040c1
    1                        A bill to be entitled                      
    2         An act relating to veterinary practices; amending s.
    3         474.202, F.S.; defining the term “veterinary
    4         telehealth”; creating s. 474.2021, F.S.; providing a
    5         short title; authorizing licensed veterinarians to
    6         practice veterinary telehealth in accordance with
    7         specified criteria; specifying the powers of the Board
    8         of Veterinary Medicine related to the practice of
    9         telehealth; specifying the conditions under which a
   10         veterinarian may practice veterinary telehealth;
   11         specifying the drugs a veterinarian practicing
   12         telehealth may not provide under specified
   13         circumstances; providing specific authorizations for
   14         cases where a patient is a food-producing species;
   15         amending s. 474.2165, F.S.; conforming a provision to
   16         changes made by the act; amending s. 828.30, F.S.;
   17         authorizing certain persons to administer rabies
   18         vaccinations to certain animals under indirect
   19         supervision of a veterinarian; providing that a
   20         supervising veterinarian assumes responsibility for
   21         specified people who provide vaccinations; defining
   22         the term “indirect supervision”; amending ss. 474.203,
   23         767.16, and 828.29, F.S.; conforming provisions to
   24         changes made by the act; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (14) is added to section 474.202,
   29  Florida Statutes, to read:
   30         474.202 Definitions.—As used in this chapter:
   31         (14) “Veterinary telehealth” means the use of synchronous
   32  or asynchronous telecommunications technology by a telehealth
   33  provider to provide health care services, including, but not
   34  limited to, assessment, diagnosis, consultation, treatment, and
   35  monitoring of a patient; transfer of medical data; patient and
   36  professional health-related education; public health services;
   37  and health administration. The term does not include e-mail
   38  messages or facsimile transmissions.
   39         Section 2. Section 474.2021, Florida Statutes, is created
   40  to read:
   41         474.2021Veterinary telehealth.—
   42         (1)This section may be cited as the “Providing Equity in
   43  Telehealth Services Act.”
   44         (2)A veterinarian who holds a current license to practice
   45  veterinary medicine in this state may practice veterinary
   46  telehealth.
   47         (3)The board has jurisdiction over a veterinarian
   48  practicing veterinary telehealth, regardless of where the
   49  veterinarian’s physical office is located. The practice of
   50  veterinary medicine is deemed to occur at the premises where the
   51  patient is located at the time the veterinarian practices
   52  veterinary telehealth.
   53         (4)A veterinarian practicing veterinary telehealth:
   54         (a)May not engage in the practice of veterinary telehealth
   55  unless it is within the context of a veterinarian/client/patient
   56  relationship;
   57         (b)Must practice in a manner consistent with his or her
   58  scope of practice and the prevailing professional standard of
   59  practice for a veterinarian who provides in-person veterinary
   60  services to patients in this state;
   61         (c)May use veterinary telehealth to perform a patient
   62  evaluation if the evaluation is conducted using synchronous,
   63  audiovisual communication. If a veterinarian practicing
   64  telehealth conducts a patient evaluation sufficient to diagnose
   65  and treat the patient, the veterinarian is not required to
   66  research a patient’s medical history or conduct a physical
   67  examination of the patient before using veterinary telehealth to
   68  provide a veterinary health care service to the patient;
   69         (d)Shall provide the client with a statement containing
   70  the veterinarian’s name, license number, and contact information
   71  and the contact information for at least one physical veterinary
   72  clinic in the vicinity of the pet’s location and instructions
   73  for how to receive patient follow-up care or assistance if the
   74  veterinarian and client are unable to communicate because of a
   75  technological or equipment failure or if there is an adverse
   76  reaction to treatment. The veterinarian shall obtain from the
   77  client a signed and dated statement indicating the client has
   78  received the required information;
   79         (e)Shall prescribe all drugs and medications in accordance
   80  with all federal and state laws and the following requirements:
   81         1.A veterinarian practicing veterinary telehealth may
   82  order, prescribe, or make available medicinal drugs or drugs
   83  specifically approved for use in animals by the United States
   84  Food and Drug Administration, the use of which conforms to the
   85  approved labeling. Prescriptions based solely on a telehealth
   86  evaluation may be issued for up to 1 month for parasite
   87  treatment and prevention medications and up to 14 days for other
   88  animal drugs.
   89         2.A veterinarian practicing veterinary telehealth may not
   90  order, prescribe, or make available medicinal drugs or drugs as
   91  defined in s. 465.003 approved by the United States Food and
   92  Drug Administration for human use, including compounded
   93  antibacterial, antifungal, antiviral, or antiparasitic
   94  medications, unless the veterinarian has conducted an in-person
   95  physical examination of the animal or made medically appropriate
   96  and timely visits to the premises where the animal is kept.
   97         3.A veterinarian may not use veterinary telehealth to
   98  prescribe a controlled substance as defined in chapter 893
   99  unless the veterinarian has conducted an in-person physical
  100  examination of the animal or made medically appropriate and
  101  timely visits to the premises where the animal is kept.
  102         4.A veterinarian practicing veterinary telehealth may not
  103  prescribe a drug or other medication for use on a horse engaged
  104  in racing or training at a facility under the jurisdiction of
  105  the Florida Gaming Control Commission or on a horse that is a
  106  covered horse as defined in the federal Horseracing Integrity
  107  and Safety Act, 15 U.S.C. ss. 3051 et seq.;
  108         (f)Shall be familiar with available veterinary resources,
  109  including emergency resources, near the patient’s location and
  110  be able to provide the client with a list of nearby
  111  veterinarians who may be able to see the patient in person upon
  112  the request of the client;
  113         (g)Shall keep, maintain, and make available a summary of
  114  the patient record as provided in s. 474.2165; and
  115         (h)May not use veterinary telehealth to issue an
  116  international or interstate travel certificate or a certificate
  117  of veterinary inspection.
  118         (5)A veterinarian personally acquainted with the caring
  119  and keeping of an animal or group of animals on food-producing
  120  animal operations on land classified as agricultural pursuant to
  121  s. 193.461 who has recently seen the animal or group of animals
  122  or has made medically appropriate and timely visits to the
  123  premises where the animal or group of animals is kept may
  124  practice veterinary telehealth for animals on such operations.
  125         Section 3. Subsection (1) of section 474.2165, Florida
  126  Statutes, is amended to read:
  127         474.2165 Ownership and control of veterinary medical
  128  patient records; report or copies of records to be furnished.—
  129         (1) As used in this section, the term “records owner” means
  130  any veterinarian who generates a medical record after making an
  131  a physical examination of, or administering treatment or
  132  dispensing legend drugs to, any patient; any veterinarian to
  133  whom records are transferred by a previous records owner; or any
  134  veterinarian’s employer, provided the employment contract or
  135  agreement between the employer and the veterinarian designates
  136  the employer as the records owner.
  137         Section 4. Subsections (1) and (3) of section 828.30,
  138  Florida Statutes, are amended to read:
  139         828.30 Rabies vaccination of dogs, cats, and ferrets.—
  140         (1)(a) All dogs, cats, and ferrets 4 months of age or older
  141  must be vaccinated by a licensed veterinarian or a person
  142  authorized under paragraph (b) against rabies with a vaccine
  143  that is licensed by the United States Department of Agriculture
  144  for use in those species.
  145         (b)Acting under the indirect supervision of a
  146  veterinarian, an employee, an agent, or a contractor of a county
  147  or municipal animal control authority or sheriff may vaccinate
  148  against rabies dogs, cats, and ferrets in the custody of an
  149  animal control authority or a sheriff that will be transferred,
  150  rescued, fostered, adopted, or reclaimed by the owner. The
  151  supervising veterinarian assumes responsibility for any person
  152  vaccinating animals at his or her direction or under his or her
  153  direct or indirect supervision. As used in this paragraph, the
  154  term “indirect supervision” means that the supervising
  155  veterinarian is required to be available for consultation
  156  through telecommunications but is not required to be physically
  157  present during such consultation.
  158         (c) The owner of every dog, cat, and ferret shall have the
  159  animal revaccinated 12 months after the initial vaccination.
  160  Thereafter, the interval between vaccinations shall conform to
  161  the vaccine manufacturer’s directions. The cost of vaccination
  162  must be borne by the animal’s owner. Evidence of circulating
  163  rabies virus neutralizing antibodies may shall not be used as a
  164  substitute for current vaccination in managing rabies exposure
  165  or determining the need for booster vaccinations.
  166         (3) Upon vaccination against rabies, the licensed
  167  veterinarian shall provide the animal’s owner and the animal
  168  control authority with a rabies vaccination certificate. Each
  169  animal control authority and veterinarian shall use the “Rabies
  170  Vaccination Certificate” of the National Association of State
  171  Public Health Veterinarians (NASPHV) or an equivalent form
  172  approved by the local government that contains all the
  173  information required by the NASPHV Rabies Vaccination
  174  Certificate. The veterinarian who administers the rabies
  175  vaccination or who supervises the administration of the rabies
  176  vaccination as provided in paragraph (1)(b) vaccine to an animal
  177  as authorized required under this section may affix his or her
  178  signature stamp in lieu of an actual signature.
  179         Section 5. Paragraph (a) of subsection (5) of section
  180  474.203, Florida Statutes, is amended to read:
  181         474.203 Exemptions.—This chapter does not apply to:
  182         (5)(a) Any person, or the person’s regular employee,
  183  administering to the ills or injuries of her or his own animals,
  184  including, but not limited to, castration, spaying, and
  185  dehorning of herd animals, unless title is transferred or
  186  employment provided for the purpose of circumventing this law.
  187  This exemption does not apply to any person licensed as a
  188  veterinarian in another state or foreign jurisdiction and
  189  practicing temporarily in this state. However, except as
  190  provided in s. 828.30, only a veterinarian may immunize or treat
  191  an animal for diseases that are communicable to humans and that
  192  are of public health significance.
  193  
  194  For the purposes of chapters 465 and 893, persons exempt
  195  pursuant to subsection (1), subsection (2), or subsection (4)
  196  are deemed to be duly licensed practitioners authorized by the
  197  laws of this state to prescribe drugs or medicinal supplies.
  198         Section 6. Subsection (2) of section 767.16, Florida
  199  Statutes, is amended to read:
  200         767.16 Police canine or service dog; exemption.—
  201         (2) Any dog used as a service dog for blind, hearing
  202  impaired, or disabled persons that bites another animal or a
  203  human is exempt from any quarantine requirement following such
  204  bite if the dog has a current rabies vaccination that was
  205  administered as provided in s. 828.30 by a licensed
  206  veterinarian.
  207         Section 7. Paragraph (b) of subsection (1) and paragraph
  208  (b) of subsection (2) of section 828.29, Florida Statutes, are
  209  amended to read:
  210         828.29 Dogs and cats transported or offered for sale;
  211  health requirements; consumer guarantee.—
  212         (1)
  213         (b) For each dog offered for sale within the state, the
  214  tests, vaccines, and anthelmintics required by this section must
  215  be administered by or under the direction of a veterinarian,
  216  licensed by the state and accredited by the United States
  217  Department of Agriculture, who issues the official certificate
  218  of veterinary inspection. The tests, vaccines, and anthelmintics
  219  must be administered before the dog is offered for sale in the
  220  state, unless the licensed, accredited veterinarian certifies on
  221  the official certificate of veterinary inspection that to
  222  inoculate or deworm the dog is not in the best medical interest
  223  of the dog, in which case the vaccine or anthelmintic may not be
  224  administered to that particular dog. Each dog must receive
  225  vaccines and anthelmintics against the following diseases and
  226  internal parasites:
  227         1. Canine distemper.
  228         2. Leptospirosis.
  229         3. Bordetella (by intranasal inoculation or by an
  230  alternative method of administration if deemed necessary by the
  231  attending veterinarian and noted on the health certificate,
  232  which must be administered in this state once before sale).
  233         4. Parainfluenza.
  234         5. Hepatitis.
  235         6. Canine parvo.
  236         7. Rabies, provided the dog is over 3 months of age and the
  237  inoculation is administered as provided in s. 828.30 by a
  238  licensed veterinarian.
  239         8. Roundworms.
  240         9. Hookworms.
  241  
  242  If the dog is under 4 months of age, the tests, vaccines, and
  243  anthelmintics required by this section must be administered no
  244  more than 21 days before sale within the state. If the dog is 4
  245  months of age or older, the tests, vaccines, and anthelmintics
  246  required by this section must be administered at or after 3
  247  months of age, but no more than 1 year before sale within the
  248  state.
  249         (2)
  250         (b) For each cat offered for sale within the state, the
  251  tests, vaccines, and anthelmintics required by this section must
  252  be administered by or under the direction of a veterinarian,
  253  licensed by the state and accredited by the United States
  254  Department of Agriculture, who issues the official certificate
  255  of veterinary inspection. The tests, vaccines, and anthelmintics
  256  must be administered before the cat is offered for sale in the
  257  state, unless the licensed, accredited veterinarian certifies on
  258  the official certificate of veterinary inspection that to
  259  inoculate or deworm the cat is not in the best medical interest
  260  of the cat, in which case the vaccine or anthelmintic may not be
  261  administered to that particular cat. Each cat must receive
  262  vaccines and anthelmintics against the following diseases and
  263  internal parasites:
  264         1. Panleukopenia.
  265         2. Feline viral rhinotracheitis.
  266         3. Calici virus.
  267         4. Rabies, if the cat is over 3 months of age and the
  268  inoculation is administered as provided in s. 828.30 by a
  269  licensed veterinarian.
  270         5. Hookworms.
  271         6. Roundworms.
  272  
  273  If the cat is under 4 months of age, the tests, vaccines, and
  274  anthelmintics required by this section must be administered no
  275  more than 21 days before sale within the state. If the cat is 4
  276  months of age or older, the tests, vaccines, and anthelmintics
  277  required by this section must be administered at or after 3
  278  months of age, but no more than 1 year before sale within the
  279  state.
  280         Section 8. This act shall take effect July 1, 2024.