Florida Senate - 2024                                    SB 1040
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01681A-24                                           20241040__
    1                        A bill to be entitled                      
    2         An act relating to veterinary practices; creating s.
    3         474.2021, F.S.; providing a short title; authorizing
    4         licensed veterinarians to practice veterinary
    5         telehealth in accordance with specified criteria;
    6         defining the term “telehealth”; specifying the powers
    7         of the Board of Veterinary Medicine related to the
    8         practice of telehealth; specifying the conditions
    9         under which a veterinarian may practice veterinary
   10         telehealth; specifying the drugs a veterinarian
   11         practicing telehealth may not provide under specified
   12         circumstances; providing specific authorizations for
   13         cases where a patient is a food-producing species;
   14         amending s. 474.2165, F.S.; conforming a provision to
   15         changes made by the act; amending s. 828.30, F.S.;
   16         authorizing certain persons to administer rabies
   17         vaccinations to certain animals under indirect
   18         supervision of a veterinarian; providing that a
   19         supervising veterinarian assumes responsibility for
   20         specified people who provide vaccinations; defining
   21         the term “indirect supervision”; amending ss. 474.203,
   22         767.16, and 828.29, F.S.; conforming provisions to
   23         changes made by the act; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 474.2021, Florida Statutes, is created
   28  to read:
   29         474.2021Veterinary telehealth.—
   30         (1)This section may be cited as the “Providing Equity in
   31  Telehealth Services Act.”
   32         (2)A veterinarian who holds a current license to practice
   33  veterinary medicine in this state may practice veterinary
   34  telehealth. For purposes of this section, the term “telehealth”
   35  has the same meaning as in s. 456.47(1).
   36         (3)The board has jurisdiction over a veterinarian
   37  practicing veterinary telehealth, regardless of where the
   38  veterinarian’s physical office is located. The practice of
   39  veterinary medicine is deemed to occur at the premises where the
   40  patient is located at the time the veterinarian practices
   41  veterinary telehealth.
   42         (4)A veterinarian practicing veterinary telehealth:
   43         (a)May not engage in the practice of veterinary telehealth
   44  unless it is within the context of a veterinarian/client/patient
   45  relationship;
   46         (b)Must practice in a manner consistent with his or her
   47  scope of practice and the prevailing professional standard of
   48  practice for a veterinarian who provides in-person veterinary
   49  services to patients in this state;
   50         (c)May use telehealth to perform a patient evaluation. If
   51  a veterinarian practicing telehealth conducts a patient
   52  evaluation sufficient to diagnose and treat the patient, the
   53  veterinarian is not required to research a patient’s medical
   54  history or conduct a physical examination of the patient before
   55  using veterinary telehealth to provide a veterinary health care
   56  service to the patient; and
   57         (d)Must prescribe all drugs and medications in accordance
   58  with all federal and state laws. A veterinarian practicing
   59  veterinary telehealth may order, prescribe, or make available
   60  medicinal drugs or drugs as defined in s. 465.003. A
   61  veterinarian may not use telehealth to prescribe a controlled
   62  substance listed in Schedule II of s. 893.03.
   63         (5)A veterinarian personally acquainted with the caring
   64  and keeping of an animal or group of animals on food-producing
   65  animal operations on land classified as agricultural pursuant to
   66  s. 193.461 who has recently seen the animal or group of animals
   67  or has made medically appropriate and timely visits to the
   68  premises where the animal or group of animals is kept may
   69  practice veterinary telehealth for animals on such operations.
   70         Section 2. Subsection (1) of section 474.2165, Florida
   71  Statutes, is amended to read:
   72         474.2165 Ownership and control of veterinary medical
   73  patient records; report or copies of records to be furnished.—
   74         (1) As used in this section, the term “records owner” means
   75  any veterinarian who generates a medical record after making an
   76  a physical examination of, or administering treatment or
   77  dispensing legend drugs to, any patient; any veterinarian to
   78  whom records are transferred by a previous records owner; or any
   79  veterinarian’s employer, provided the employment contract or
   80  agreement between the employer and the veterinarian designates
   81  the employer as the records owner.
   82         Section 3. Subsections (1) and (3) of section 828.30,
   83  Florida Statutes, are amended to read:
   84         828.30 Rabies vaccination of dogs, cats, and ferrets.—
   85         (1)(a) All dogs, cats, and ferrets 4 months of age or older
   86  must be vaccinated by a licensed veterinarian or a person
   87  authorized under paragraph (b) against rabies with a vaccine
   88  that is licensed by the United States Department of Agriculture
   89  for use in those species.
   90         (b)Acting under the indirect supervision of a
   91  veterinarian, an employee, an agent, or a contractor of a county
   92  or municipal animal control authority or sheriff may vaccinate
   93  against rabies dogs, cats, and ferrets in the custody of an
   94  animal control authority or a sheriff that will be transferred,
   95  rescued, fostered, adopted, or reclaimed by the owner. The
   96  supervising veterinarian assumes responsibility for any person
   97  vaccinating animals at his or her direction or under his or her
   98  direct or indirect supervision. As used in this paragraph, the
   99  term “indirect supervision” means that the supervising
  100  veterinarian is required to be available for consultation
  101  through telecommunications but is not required to be physically
  102  present during such consultation.
  103         (c) The owner of every dog, cat, and ferret shall have the
  104  animal revaccinated 12 months after the initial vaccination.
  105  Thereafter, the interval between vaccinations shall conform to
  106  the vaccine manufacturer’s directions. The cost of vaccination
  107  must be borne by the animal’s owner. Evidence of circulating
  108  rabies virus neutralizing antibodies may shall not be used as a
  109  substitute for current vaccination in managing rabies exposure
  110  or determining the need for booster vaccinations.
  111         (3) Upon vaccination against rabies, the licensed
  112  veterinarian shall provide the animal’s owner and the animal
  113  control authority with a rabies vaccination certificate. Each
  114  animal control authority and veterinarian shall use the “Rabies
  115  Vaccination Certificate” of the National Association of State
  116  Public Health Veterinarians (NASPHV) or an equivalent form
  117  approved by the local government that contains all the
  118  information required by the NASPHV Rabies Vaccination
  119  Certificate. The veterinarian who administers the rabies
  120  vaccination or who supervises the administration of the rabies
  121  vaccination as provided in paragraph (1)(b) vaccine to an animal
  122  as authorized required under this section may affix his or her
  123  signature stamp in lieu of an actual signature.
  124         Section 4. Paragraph (a) of subsection (5) of section
  125  474.203, Florida Statutes, is amended to read:
  126         474.203 Exemptions.—This chapter does not apply to:
  127         (5)(a) Any person, or the person’s regular employee,
  128  administering to the ills or injuries of her or his own animals,
  129  including, but not limited to, castration, spaying, and
  130  dehorning of herd animals, unless title is transferred or
  131  employment provided for the purpose of circumventing this law.
  132  This exemption does not apply to any person licensed as a
  133  veterinarian in another state or foreign jurisdiction and
  134  practicing temporarily in this state. However, except as
  135  provided in s. 828.30, only a veterinarian may immunize or treat
  136  an animal for diseases that are communicable to humans and that
  137  are of public health significance.
  138  
  139  For the purposes of chapters 465 and 893, persons exempt
  140  pursuant to subsection (1), subsection (2), or subsection (4)
  141  are deemed to be duly licensed practitioners authorized by the
  142  laws of this state to prescribe drugs or medicinal supplies.
  143         Section 5. Subsection (2) of section 767.16, Florida
  144  Statutes, is amended to read:
  145         767.16 Police canine or service dog; exemption.—
  146         (2) Any dog used as a service dog for blind, hearing
  147  impaired, or disabled persons that bites another animal or a
  148  human is exempt from any quarantine requirement following such
  149  bite if the dog has a current rabies vaccination that was
  150  administered as provided in s. 828.30 by a licensed
  151  veterinarian.
  152         Section 6. Paragraph (b) of subsection (1) and paragraph
  153  (b) of subsection (2) of section 828.29, Florida Statutes, are
  154  amended to read:
  155         828.29 Dogs and cats transported or offered for sale;
  156  health requirements; consumer guarantee.—
  157         (1)
  158         (b) For each dog offered for sale within the state, the
  159  tests, vaccines, and anthelmintics required by this section must
  160  be administered by or under the direction of a veterinarian,
  161  licensed by the state and accredited by the United States
  162  Department of Agriculture, who issues the official certificate
  163  of veterinary inspection. The tests, vaccines, and anthelmintics
  164  must be administered before the dog is offered for sale in the
  165  state, unless the licensed, accredited veterinarian certifies on
  166  the official certificate of veterinary inspection that to
  167  inoculate or deworm the dog is not in the best medical interest
  168  of the dog, in which case the vaccine or anthelmintic may not be
  169  administered to that particular dog. Each dog must receive
  170  vaccines and anthelmintics against the following diseases and
  171  internal parasites:
  172         1. Canine distemper.
  173         2. Leptospirosis.
  174         3. Bordetella (by intranasal inoculation or by an
  175  alternative method of administration if deemed necessary by the
  176  attending veterinarian and noted on the health certificate,
  177  which must be administered in this state once before sale).
  178         4. Parainfluenza.
  179         5. Hepatitis.
  180         6. Canine parvo.
  181         7. Rabies, provided the dog is over 3 months of age and the
  182  inoculation is administered as provided in s. 828.30 by a
  183  licensed veterinarian.
  184         8. Roundworms.
  185         9. Hookworms.
  186  
  187  If the dog is under 4 months of age, the tests, vaccines, and
  188  anthelmintics required by this section must be administered no
  189  more than 21 days before sale within the state. If the dog is 4
  190  months of age or older, the tests, vaccines, and anthelmintics
  191  required by this section must be administered at or after 3
  192  months of age, but no more than 1 year before sale within the
  193  state.
  194         (2)
  195         (b) For each cat offered for sale within the state, the
  196  tests, vaccines, and anthelmintics required by this section must
  197  be administered by or under the direction of a veterinarian,
  198  licensed by the state and accredited by the United States
  199  Department of Agriculture, who issues the official certificate
  200  of veterinary inspection. The tests, vaccines, and anthelmintics
  201  must be administered before the cat is offered for sale in the
  202  state, unless the licensed, accredited veterinarian certifies on
  203  the official certificate of veterinary inspection that to
  204  inoculate or deworm the cat is not in the best medical interest
  205  of the cat, in which case the vaccine or anthelmintic may not be
  206  administered to that particular cat. Each cat must receive
  207  vaccines and anthelmintics against the following diseases and
  208  internal parasites:
  209         1. Panleukopenia.
  210         2. Feline viral rhinotracheitis.
  211         3. Calici virus.
  212         4. Rabies, if the cat is over 3 months of age and the
  213  inoculation is administered as provided in s. 828.30 by a
  214  licensed veterinarian.
  215         5. Hookworms.
  216         6. Roundworms.
  217  
  218  If the cat is under 4 months of age, the tests, vaccines, and
  219  anthelmintics required by this section must be administered no
  220  more than 21 days before sale within the state. If the cat is 4
  221  months of age or older, the tests, vaccines, and anthelmintics
  222  required by this section must be administered at or after 3
  223  months of age, but no more than 1 year before sale within the
  224  state.
  225         Section 7. This act shall take effect July 1, 2024.