| 1 | A bill to be entitled |
| 2 | An act relating to animal health care services; defining |
| 3 | the term "animal" for purposes of the act; authorizing the |
| 4 | provision of certain animal health care services by a |
| 5 | person who is not a licensed veterinarian; providing that |
| 6 | the provision of such services is not the practice of |
| 7 | veterinary medicine; prohibiting certain acts by a person |
| 8 | who provides animal health care services; clarifying the |
| 9 | authority of the owner of an animal to provide specified |
| 10 | care for that animal; authorizing provision of animal |
| 11 | nutrition or communication advice or hoof care services; |
| 12 | providing for civil penalties; authorizing the Department |
| 13 | of Agriculture and Consumer Services to seek judicial |
| 14 | imposition of penalties; providing that an action in |
| 15 | compliance with the act also complies with ch. 474, F.S., |
| 16 | relating to the practice of veterinary medicine; providing |
| 17 | an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Animal health care services.-- |
| 22 | (1) As used in this section, the term "animal" means any |
| 23 | live mammal other than a human being or any live bird, |
| 24 | amphibian, fish, or reptile. |
| 25 | (2) A person who, through training or experience, has |
| 26 | knowledge of animal health care services offered to the public, |
| 27 | and who is not a veterinarian licensed under chapter 474, |
| 28 | Florida Statutes, may, at the request of the owner or caretaker |
| 29 | of an animal, provide animal health care services that include, |
| 30 | but are not limited to: |
| 31 | (a) Providing an opinion about the condition of the animal |
| 32 | to its owner or an authorized agent of the animal's owner, |
| 33 | provided that such an opinion does not constitute a diagnosis. |
| 34 | (b) Making suggestions to the owner of the animal or an |
| 35 | authorized agent of the animal's owner regarding |
| 36 | nonpharmaceutical, nonprescription, or nonsurgical substances, |
| 37 | services, or devices to address the animal's condition and |
| 38 | providing the substance, service, or use of a device that was |
| 39 | suggested. |
| 40 | (c) Providing traditional large animal health care |
| 41 | services that include, but are not limited to, dehorning, |
| 42 | castration, dentistry, or inoculation for noncommunicable |
| 43 | diseases. |
| 44 | (d) Providing services and solutions that promote |
| 45 | wellness, enhance healing, or address emotional or mental states |
| 46 | of the animal. |
| 47 |
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| 48 | A person who provides animal health care services as permitted |
| 49 | by this subsection is not engaged in the practice of veterinary |
| 50 | medicine, as defined in s. 474.202, Florida Statutes, and shall, |
| 51 | if not acting as an employee of the animal's owner, be |
| 52 | considered an independent contractor. |
| 53 | (3) A person who provides the animal health care services |
| 54 | permitted under subsection (2) may not: |
| 55 | (a) Claim to be a veterinarian or offer a diagnosis. |
| 56 | (b) Warrant or represent that the animal health care |
| 57 | services provided will cure any condition. |
| 58 | (c) Violate animal cruelty laws, including, but not |
| 59 | limited to, s. 828.12 or s. 828.24, Florida Statutes. |
| 60 | (d) Provide an animal health care service without first: |
| 61 | 1. Discussing his or her suggestions for such service with |
| 62 | the animal's owner or with an authorized agent of the animal's |
| 63 | owner. |
| 64 | 2. Offering the animal's owner or the authorized agent of |
| 65 | the animal's owner the option to seek the opinion or advice of a |
| 66 | licensed veterinarian. |
| 67 | (4) A person who owns an animal may: |
| 68 | (a) Attend to, or authorize an employee to attend to, the |
| 69 | ills or injuries of that animal. |
| 70 | (b) Act to, or authorize an employee to act to, promote |
| 71 | the wellness of, or prevent the illness of, that animal, |
| 72 | including, but not limited to, the castration or dehorning of a |
| 73 | herd animal. |
| 74 | (5) Notwithstanding any provision of this section or of |
| 75 | chapter 474, Florida Statutes, a person may: |
| 76 | (a) At the request of the owner or caretaker of an animal, |
| 77 | provide advice as to that animal's nutritional requirements or |
| 78 | as to communication with that animal, or provide hoof care |
| 79 | services to that animal; or |
| 80 | (b) Offer unsolicited advice as to nutrition for an |
| 81 | animal. |
| 82 |
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| 83 | A person who provides such advice and who is not a veterinarian |
| 84 | licensed under chapter 474, Florida Statutes, may not claim to |
| 85 | be a veterinarian. |
| 86 | (6) A person who knowingly violates subsection (3) is |
| 87 | subject to a civil penalty of $250 for the first violation and |
| 88 | $500 for each subsequent violation, not to exceed $5,000 per |
| 89 | person. The Department of Agriculture and Consumer Services may |
| 90 | institute a civil action in the courts of this state against |
| 91 | such a violator to impose and collect such penalties. Penalties |
| 92 | shall be deposited into the department's General Inspection |
| 93 | Trust Fund. |
| 94 | (7) An action that is in compliance with this section is |
| 95 | also in compliance with chapter 474, Florida Statutes. |
| 96 | Section 2. This act shall take effect July 1, 2005. |