House Bill 1447e2
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HB 1447, Second Engrossed
1 A bill to be entitled
2 An act relating to veterinary medical practice;
3 amending s. 474.203, F.S.; revising and
4 providing exemptions from regulation under
5 chapter 474, F.S., relating to veterinary
6 medical practice; amending s. 474.207, F.S.,
7 relating to licensure by examination;
8 eliminating obsolete provisions; amending s.
9 474.211, F.S.; requiring criteria for providers
10 of continuing education to be approved by the
11 board; amending s. 474.2125, F.S.; exempting
12 veterinarians licensed in another state from
13 certain requirements for temporary licensure in
14 this state; correcting a cross reference;
15 amending s. 474.214, F.S.; increasing the
16 administrative fine; amending s. 474.215, F.S.;
17 requiring limited service permittees to
18 register each location and providing a
19 registration fee; providing requirements for
20 certain temporary rabies vaccination efforts;
21 providing permit and other requirements for
22 persons who are not licensed veterinarians but
23 who desire to own and operate a veterinary
24 medical establishment; providing disciplinary
25 actions applicable to holders of premises
26 permits; amending s. 474.2165, F.S., expanding
27 controls on veterinary records; reenacting s.
28 474.217(2), F.S., relating to licensure by
29 endorsement, to incorporate the amendment to s.
30 474.214, F.S., in a reference thereto;
31 providing for participation of veterinarians in
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HB 1447, Second Engrossed
1 impaired practitioner treatment programs;
2 providing an effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Section 474.203, Florida Statutes, is
7 amended to read:
8 474.203 Exemptions.--This chapter shall not apply to:
9 (1) Any faculty member practicing only in conjunction
10 with teaching duties at a school or college of veterinary
11 medicine. Such school or college shall be located in this
12 state and be accredited by the American Veterinary Medical
13 Association Council on Education. This exemption shall only
14 apply to a faculty member who does not hold a valid license
15 issued under this chapter, but who is a graduate of a school
16 or college of veterinary medicine accredited by the American
17 Veterinary Medical Association Council on Education or a
18 school or college recognized by the American Veterinary
19 Medical Association Commission for Foreign Veterinary
20 Graduates. The faculty member exemption shall automatically
21 expire when such school or college terminates the faculty
22 member from such teaching duties. On December 31 of each year,
23 such school or college shall provide the board with a written
24 list of all faculty who are exempt from this chapter. Such
25 school or college shall also notify the board in writing of
26 any additions or deletions to such list.
27 (2) A person practicing as an intern or resident
28 veterinarian, who does not hold a valid license issued under
29 this chapter and who is a graduate in training at a school or
30 college of veterinary medicine located in this state and
31 accredited by the American Veterinary Medical Association
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HB 1447, Second Engrossed
1 Council on Education or a school or college recognized by the
2 American Veterinary Medical Association Commission for Foreign
3 Veterinary Graduates. Such intern or resident must be a
4 graduate of a school or college of veterinary medicine
5 accredited by the American Veterinary Medical Association
6 Council on Education. This exemption shall expire when such
7 intern or resident completes or is terminated from such
8 training. Each school or college at which such intern or
9 resident is in training shall, on July 1 of each year, provide
10 the board with a written list of all such interns or residents
11 designated for this exemption, and the school or college shall
12 also notify the board of any additions or deletions to the
13 list.
14 (3)(2) A student in a school or college of veterinary
15 medicine while in the performance of duties assigned by her or
16 his instructor or when working as a preceptor under the
17 immediate supervision of a licensee, provided that such
18 preceptorship is required for graduation from an accredited
19 school or college of veterinary medicine. The licensed
20 veterinarian shall be responsible for all acts performed by a
21 preceptor under her or his supervision.
22 (4)(3) Any doctor of veterinary medicine in the employ
23 of a state agency or the United States Government while
24 actually engaged in the performance of her or his official
25 duties; however, this exemption shall not apply to such person
26 when the person is not engaged in carrying out her or his
27 official duties or is not working at the installations for
28 which her or his services were engaged.
29 (5)(4) Any person, or the person's regular employee,
30 administering to the ills or injuries of her or his own
31 animals, including, but not limited to, castration, spaying,
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HB 1447, Second Engrossed
1 and dehorning of herd animals, unless title has been
2 transferred or employment provided for the purpose of
3 circumventing this law. This exemption shall not apply to
4 out-of-state veterinarians practicing temporarily in the
5 state. However, only a veterinarian may immunize or treat an
6 animal for diseases which are communicable to humans and which
7 are of public health significance.
8 (6)(5) State agencies, accredited schools,
9 institutions, foundations, business corporations or
10 associations, physicians licensed to practice medicine and
11 surgery in all its branches, graduate doctors of veterinary
12 medicine, or persons under the direct supervision thereof,
13 which or who conduct experiments and scientific research on
14 animals in the development of pharmaceuticals, biologicals,
15 serums, or methods of treatment, or techniques for the
16 diagnosis or treatment of human ailments, or when engaged in
17 the study and development of methods and techniques directly
18 or indirectly applicable to the problems of the practice of
19 veterinary medicine.
20 (7)(6) Any veterinary aide, nurse, laboratory
21 technician, preceptor, or other employee of a licensed
22 veterinarian who administers medication or who renders
23 auxiliary or supporting assistance under the responsible
24 supervision of a such licensed veterinarian practitioner,
25 including those tasks identified by rule of the board
26 requiring immediate supervision. However, the licensed
27 veterinarian shall be responsible for all such acts performed
28 under this subsection by persons under her or his supervision.
29 (8) A veterinarian, licensed by and actively
30 practicing veterinary medicine in another state, who is
31 board-certified in a specialty recognized by the board and who
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1 responds to a request of a veterinarian licensed in this state
2 to assist with the treatment on a specific case of a specific
3 animal or with the treatment on a specific case of the animals
4 of a single owner, as long as the veterinarian licensed in
5 this state requests the other veterinarian's presence. A
6 veterinarian who practices under this subsection is not
7 eligible to apply for a premises permit under s. 474.215.
8 (9) For the purposes of chapters 465 and 893, persons
9 exempt under subsection (1), subsection (2), or subsection (4)
10 shall be deemed to be duly licensed practitioners authorized
11 by the laws of this state to prescribe drugs or medicinal
12 supplies.
13 Section 2. Section 474.207, Florida Statutes, is
14 amended to read:
15 474.207 Licensure by examination.--
16 (1) Any person desiring to be licensed as a
17 veterinarian shall apply to the department to take a licensure
18 examination. The board may by rule adopt use of a national
19 examination in lieu of part or all of the examination required
20 by this section, with a reasonable passing score to be set by
21 rule of the board.
22 (2) The department shall license each applicant who
23 the board certifies has:
24 (a) Completed the application form and remitted an
25 examination fee set by the board.
26 (b)1. Graduated from a college of veterinary medicine
27 accredited by the American Veterinary Medical Association
28 Council on Education; or
29 2. Graduated from a college of veterinary medicine
30 listed in the American Veterinary Medical Association Roster
31 of Veterinary Colleges of the World and obtained a certificate
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1 from the Education Commission for Foreign Veterinary
2 Graduates.
3 (c) Successfully completed the examination provided by
4 the department for this purpose, or an examination determined
5 by the board to be equivalent.
6 (d) Demonstrated knowledge of the laws and rules
7 governing the practice of veterinary medicine in Florida in a
8 manner designated by rules of the board.
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10 The department shall not issue a license to any applicant who
11 is under investigation in any state or territory of the United
12 States or in the District of Columbia for an act which would
13 constitute a violation of this chapter until the investigation
14 is complete and disciplinary proceedings have been terminated,
15 at which time the provisions of s. 474.214 shall apply.
16 (3) Notwithstanding the provisions of paragraph
17 (2)(b), an applicant shall be deemed to have met the education
18 requirements for licensure upon submission of evidence that
19 the applicant meets one of the following:
20 (a) The applicant was certified for examination by the
21 board prior to October 1, 1989; or
22 (b) The applicant immigrated to the United States
23 after leaving her or his home country because of political
24 reasons, provided such country is located in the Western
25 Hemisphere and lacks diplomatic relations with the United
26 States,; and:
27 (a)1. Was a Florida resident immediately preceding her
28 or his application for licensure;
29 (b)2. Demonstrates to the board, through submission of
30 documentation verified by the applicant's respective
31 professional association in exile, that she or he received a
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HB 1447, Second Engrossed
1 professional degree in veterinary medicine from a college or
2 university located in the country from which she or he
3 emigrated. However, the board may not require receipt
4 transcripts from the Republic of Cuba as a condition of
5 eligibility under this section; and
6 (c)3. Lawfully practiced her or his profession for at
7 least 3 years.
8 (4) Applicants certified for examination or
9 reexamination under subsection (3) who fail or have failed the
10 examination three times subsequent to October 1, 1989, shall
11 be required to demonstrate to the board that they meet the
12 requirements of paragraph (2)(b) prior to any further
13 reexamination or certification for licensure.
14 (5) An unlicensed doctor of veterinary medicine who
15 has graduated from an approved college or school of veterinary
16 medicine and has completed all parts of the examination for
17 licensure is permitted, while awaiting the results of such
18 examination for licensure or while awaiting issuance of the
19 license, to practice under the immediate supervision of a
20 licensed veterinarian. A person who fails any part of the
21 examination may not continue to practice, except in the same
22 capacity as other nonlicensed veterinary employees, until she
23 or he passes the examination and is eligible for licensure.
24 Section 3. Subsection (3) of section 474.211, Florida
25 Statutes, is amended to read:
26 474.211 Renewal of license.--
27 (3) The board may by rule prescribe continuing
28 education, not to exceed 30 hours biennially, as a condition
29 for renewal of a license or certificate. The criteria for such
30 programs, providers, or courses shall be approved by the
31 board.
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HB 1447, Second Engrossed
1 Section 4. Subsection (1) of section 474.2125, Florida
2 Statutes, is amended to read:
3 474.2125 Temporary license.--
4 (1) The board shall adopt rules providing for the
5 issuance of a temporary license to a licensed veterinarian of
6 another state for the purpose of enabling her or him to
7 provide veterinary medical services in this state for the
8 animals of a specific owner or, as may be needed in an
9 emergency as defined in s. 252.34(3)(2), for the animals of
10 multiple owners, provided the applicant would qualify for
11 licensure by endorsement under s. 474.217, except that the
12 applicant is not required to have demonstrated compliance with
13 the requirements of s. 474.217(1)(a) prior to issuance of the
14 license. No temporary license shall be valid for more than 30
15 days after its issuance, and no license shall cover more than
16 the treatment of the animals of one owner except in an
17 emergency as defined in s. 252.34(3)(2). After the expiration
18 of 30 days, a new license is required.
19 Section 5. Paragraph (c) of subsection (2) of section
20 474.214, Florida Statutes, is amended to read:
21 474.214 Disciplinary proceedings.--
22 (2) When the board finds any applicant or veterinarian
23 guilty of any of the grounds set forth in subsection (1),
24 regardless of whether the violation occurred prior to
25 licensure, it may enter an order imposing one or more of the
26 following penalties:
27 (c) Imposition of an administrative fine not to exceed
28 $5,000 $1,000 for each count or separate offense.
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30 In determining appropriate action, the board must first
31 consider those sanctions necessary to protect the public.
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1 Only after those sanctions have been imposed may the
2 disciplining authority consider and include in its order
3 requirements designed to rehabilitate the veterinarian. All
4 costs associated with compliance with any order issued under
5 this subsection are the obligation of the veterinarian.
6 Section 6. Subsection (7) of section 474.215, Florida
7 Statutes, is amended, and subsections (8) and (9) are added to
8 said section, to read:
9 474.215 Premises permits; disciplinary actions.--
10 (7) The board by rule shall establish minimum
11 standards for the operation of limited service veterinary
12 medical practices. Such rules shall not restrict limited
13 service veterinary medical practices and shall be consistent
14 with the type of limited veterinary medical service provided.
15 (a) Any person that offers or provides limited service
16 veterinary medical practice shall obtain a biennial permit
17 from the board the cost of which shall not exceed $250. The
18 limited service permittee shall register each location where
19 limited service clinics are held and shall pay a fee set by
20 rule not to exceed $25 to register each such location.
21 (b) All permits issued under this subsection are
22 subject to the provisions of ss. 474.213 and 474.214.
23 (c) Notwithstanding any provision of this subsection
24 to the contrary, any temporary rabies vaccination effort
25 operated by a county health department in response to a public
26 health threat, as declared by the State Health Officer in
27 consultation with the State Veterinarian, shall not be subject
28 to any preregistration, time limitation, or fee requirements,
29 but shall adhere to all other requirements for limited service
30 veterinary medical practice as prescribed by rule. The fee
31 charged to the public for a rabies vaccination administered
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HB 1447, Second Engrossed
1 during such temporary rabies vaccination effort shall not
2 exceed the actual cost of administering the rabies vaccine.
3 Such rabies vaccination efforts may not be used for any
4 purpose other than to address the public health consequences
5 of the rabies outbreak. The board shall be immediately
6 notified in writing of any temporary rabies vaccination effort
7 operated under this paragraph.
8 (8) Any person who is not a veterinarian licensed
9 under this chapter but who desires to own and operate a
10 veterinary medical establishment shall apply to the board for
11 a premises permit. If the board certifies that the applicant
12 complies with the applicable laws and rules of the board, the
13 department shall issue a premises permit. No permit shall be
14 issued unless a licensed veterinarian is designated to
15 undertake the professional supervision of the veterinary
16 medical practice and the minimum standards set by rule of the
17 board for premises where veterinary medicine is practiced.
18 Upon application, the department shall submit for a statewide
19 criminal records correspondence check through the Department
20 of Law Enforcement. The permittee shall notify the board
21 within 10 days after any change of the licensed veterinarian
22 responsible for such duties. Any permittee under this
23 subsection is subject to the provisions of s. 474.214 and this
24 section.
25 (9)(a) The department or the board may deny, revoke,
26 or suspend the permit of any permittee under this section and
27 may fine, place on probation, or otherwise discipline any
28 permittee who has:
29 1. Obtained a permit by misrepresentation or fraud or
30 through an error of the department or board;
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HB 1447, Second Engrossed
1 2. Attempted to procure, or has procured, a permit for
2 any other person by making, or causing to be made, any false
3 representation;
4 3. Violated any of the requirements of this chapter or
5 any rule of the board; or
6 4. Been convicted or found guilty of, or entered a
7 plea of nolo contendere to, a felony in any court of this
8 state, of any other state, or of the United States.
9 (b) If the permit is revoked or suspended, the owner,
10 manager, or proprietor shall cease to operate the premises as
11 a veterinary medical practice as of the effective date of the
12 suspension or revocation. In the event of such revocation or
13 suspension, the owner, manager, or proprietor shall remove
14 from the premises all signs and symbols identifying the
15 premises as a veterinary medical practice. The period of any
16 such suspension shall be prescribed by rule of the board, but
17 in no case shall it exceed 1 year. In the event the permit is
18 revoked, the person owning or operating the establishment
19 shall not be entitled to make application for a permit to
20 operate a premises for a period of 1 year from the date of
21 such revocation. Upon the effective date of such revocation,
22 the permittee shall advise the board of the disposition of any
23 and all medicinal drugs and shall make the provision for
24 assuring the security, confidentiality, and availability to
25 clients of all patient medical records.
26 Section 7. Section 474.2165, Florida Statutes, is
27 amended to read:
28 474.2165 Veterinary medical records.--Each person who
29 provides veterinary medical services shall maintain medical
30 records, as established by rule, and shall adhere to the
31 requirements of section 455.667.
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1 Section 8. For the purpose of incorporating the
2 amendment to section 474.214, Florida Statutes, in a reference
3 thereto, subsection (2) of section 474.217, Florida Statutes,
4 is reenacted to read:
5 474.217 Licensure by endorsement.--
6 (2) The department shall not issue a license by
7 endorsement to any applicant who is under investigation in any
8 state, territory, or the District of Columbia for an act which
9 would constitute a violation of this chapter until the
10 investigation is complete and disciplinary proceedings have
11 been terminated, at which time the provisions of s. 474.214
12 shall apply.
13 Section 9. Notwithstanding the transfer of the
14 Division of Medical Quality Assurance to the Department of
15 Health or any any other provision of law to the contrary,
16 veterinarians licensed under chapter 474, Florida Statutes,
17 shall be governed by the treatment of impaired practitioners
18 provisions of section 455.707, Florida Statutes, as if they
19 were under the jurisdiction of the Division of Medical Quality
20 Assurance, except that for veterinarians the Department of
21 Business and Professional Regulation shall, at its option,
22 exercise any of the powers granted to the Department of Health
23 by that provision, and "board" shall mean board as defined in
24 chapter 474, Florida Statutes.
25 Section 10. This act shall take effect July 1, 1998.
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