Senate Bill sb0898c1

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    Florida Senate - 2005                            CS for SB 898

    By the Committee on Health Care; and Senator Rich





    587-1879A-05

  1                      A bill to be entitled

  2         An act relating to rabies prevention and

  3         control; amending s. 828.30, F.S.; requiring a

  4         veterinarian to vaccinate certain animals with

  5         a vaccine that is licensed by the United States

  6         Department of Agriculture; establishing

  7         revaccination requirements; prohibiting using

  8         evidence of rabies antibodies in lieu of

  9         revaccination; revising the requirements for

10         certificates of rabies vaccinations; requiring

11         the use of a certain form for certifying a

12         vaccination; authorizing the administering

13         veterinarian to use a signature stamp on the

14         vaccination certificate; prohibiting a local

15         government from requiring revaccination of

16         currently vaccinated animals, except for

17         postexposure treatment; providing legislative

18         findings; providing an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 828.30, Florida Statutes, is

23  amended to read:

24         828.30  Rabies vaccination of dogs, cats, and

25  ferrets.--

26         (1)  All dogs, cats, and ferrets 4 months of age or

27  older must be vaccinated by a licensed veterinarian against

28  rabies with a vaccine that is licensed by the United States

29  Department of Agriculture for use in those species

30  Government-approved vaccine. The owner of each dog, cat, and

31  ferret shall have the animal vaccinated 12 months after the

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    Florida Senate - 2005                            CS for SB 898
    587-1879A-05




 1  initial vaccination. Thereafter, the interval between

 2  vaccinations must conform to the vaccine manufacturer's

 3  directions. The cost of vaccination must be borne by the

 4  animal's owner. Evidence of circulating

 5  rabies-virus-neutralizing antibodies may not be used as a

 6  substitute for current vaccination in managing rabies exposure

 7  or determining the need for booster vaccinations.

 8         (2)  A dog, cat, or ferret is exempt from vaccination

 9  against rabies if a licensed veterinarian has examined the

10  animal and has certified in writing that at the time

11  vaccination would endanger the animal's health because of its

12  age, infirmity, disability, illness, or other medical

13  considerations. An exempt animal must be vaccinated against

14  rabies as soon as its health permits.

15         (3)  Upon vaccination against rabies, the licensed

16  veterinarian shall provide the animal's owner and the animal

17  control authority with a rabies vaccination certificate. Each

18  animal control authority and veterinarian shall use Form 51,

19  "Rabies Vaccination Certificate," of the National Association

20  of State Public Health Veterinarians (NASPHV) or an equivalent

21  form approved by the local government which contains all the

22  information required by NASPHV Form 51. The veterinarian who

23  administers the rabies vaccine to an animal as required under

24  this section may affix his or her signature stamp in lieu of

25  an actual signature. which must contain at least the following

26  information:

27         (a)  the license number of the administering

28  veterinarian.

29         (b)  The name, address, and phone number of the

30  veterinarian and owner

31         (c)  The date of vaccination

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    Florida Senate - 2005                            CS for SB 898
    587-1879A-05




 1         (d)  The expiration date of the vaccination.

 2         (e)  The species, age, sex, color, breed, weight, and

 3  name of the animal vaccinated.

 4         (f)  The rabies vaccine manufacturer.

 5         (g)  The vaccine lot number and expiration date.

 6         (h)  The type and brand of vaccine used.

 7         (i)  The route of administration of the vaccine.

 8         (j)  The signature or signature stamp of the licensed

 9  veterinarian.

10         (4)  Beginning March 1, 1999, each ferret vaccinated

11  according to this section must be quarantined, when necessary,

12  according to rules of the Department of Health.

13         (5)  An animal owner's name, street address, phone

14  number, and animal tag number contained in a rabies

15  vaccination certificate provided to the animal control

16  authority is exempt from s. 119.07(1) and s. 24(a), Art. I of

17  the State Constitution. However, any person who has been

18  bitten, scratched, or otherwise exposed to a zoonotic disease

19  or the physician of such person; a veterinarian who is

20  treating an animal that has been bitten, scratched, or

21  otherwise exposed to a zoonotic disease; or the owner of an

22  animal that has been bitten, scratched, or otherwise exposed

23  to a zoonotic disease shall be provided with any information

24  contained in a rabies vaccination certificate but only with

25  respect to the particular animal biting, scratching, or

26  otherwise causing exposure. Any person with an animal tag

27  number may receive vaccination certificate information with

28  regard to that animal. Law enforcement and prosecutorial

29  agencies; other animal control authorities; emergency and

30  medical response and disease control agencies; or other

31  governmental health agencies shall be provided information

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    Florida Senate - 2005                            CS for SB 898
    587-1879A-05




 1  contained in the rabies vaccination certificate for the

 2  purpose of controlling the transmission of rabies; however,

 3  the receiving agencies and authorities must not release the

 4  exempt information.

 5         (6)  Violation of this section is a civil infraction,

 6  punishable as provided in s. 828.27(2).

 7         (7)  This section does not prohibit or limit

 8  municipalities or counties from enacting requirements similar

 9  to or more stringent than the provisions of this section for

10  the implementation and enforcement of rabies-control

11  ordinances. However, a local government may not establish

12  requirements that would mandate revaccination of currently

13  vaccinated animals, except for instances involving the

14  postexposure treatment of rabies.

15         Section 2.  The Legislature finds that it is necessary

16  to require that dogs, cats, and ferrets be vaccinated against

17  rabies in order to protect the public from this deadly

18  disease. The Legislature also finds that the present law does

19  not clearly specify requirements to revaccinate these animals,

20  which has led to unnecessary revaccination of currently

21  vaccinated animals in local jurisdictions that enact

22  requirements that are more stringent. The Legislature finds

23  that in order to maximize protections and minimize risks to

24  the animals, revaccination guidelines outlined in the

25  Department of Health's Florida Rabies Prevention and Control

26  guidebook must be incorporated in the law. This approach does

27  not interfere with the veterinarian's discretion to use a

28  rabies vaccine of 1 year or 3 years' duration of immunity. The

29  Legislature also determines a need to standardize the rabies

30  certificate form in order to permit easier use by

31  veterinarians and public health officials by using Form 51 of

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    Florida Senate - 2005                            CS for SB 898
    587-1879A-05




 1  the National Association of State Public Health Veterinarians

 2  or an equivalent form approved by the local government. The

 3  Legislature finds that since rabies-vaccination programs are

 4  administered on a calendar-year basis, an implementation date

 5  of January 1, 2006, will provide for an orderly transition.

 6         Section 3.  This act shall take effect January 1, 2006.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 898

10                                 

11  The veterinarian who administers a vaccination as required
    under s. 828.30, F.S., may affix his or her signature stamp in
12  lieu of an actual signature on the rabies vaccination
    certificate.
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