CS/HB 479

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

CODING: Words stricken are deletions; words underlined are additions.