Florida Senate - 2024                      CS for CS for SB 1040
       
       
        
       By the Committees on Fiscal Policy; and Regulated Industries;
       and Senator Bradley
       
       
       
       
       594-03639-24                                          20241040c2
    1                        A bill to be entitled                      
    2         An act relating to veterinary practices; amending s.
    3         474.202, F.S.; defining the term “veterinary
    4         telehealth”; creating s. 474.2021, F.S.; providing a
    5         short title; authorizing licensed veterinarians to
    6         practice veterinary telehealth in accordance with
    7         specified criteria; specifying the powers of the Board
    8         of Veterinary Medicine related to the practice of
    9         telehealth; providing that the practice of veterinary
   10         medicine is deemed to occur under specified
   11         circumstances; specifying the conditions under which a
   12         veterinarian may practice veterinary telehealth;
   13         specifying the drugs that a veterinarian practicing
   14         telehealth may not provide unless specified conditions
   15         are met; providing specific authorizations for cases
   16         in which the patient is a food-producing species;
   17         amending s. 474.2165, F.S.; conforming a provision to
   18         changes made by the act; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (14) is added to section 474.202,
   23  Florida Statutes, to read:
   24         474.202 Definitions.—As used in this chapter:
   25         (14) “Veterinary telehealth” means the use of synchronous
   26  or asynchronous telecommunications technology by a telehealth
   27  provider to provide health care services, including, but not
   28  limited to, assessment, diagnosis, consultation, treatment, and
   29  monitoring of a patient; transfer of medical data; patient and
   30  professional health-related education; public health services;
   31  and health administration.
   32         Section 2. Section 474.2021, Florida Statutes, is created
   33  to read:
   34         474.2021 Veterinary telehealth.—
   35         (1) This section may be cited as the “Providing Equity in
   36  Telehealth Services Act.”
   37         (2) A veterinarian who holds a current license to practice
   38  veterinary medicine in this state may practice veterinary
   39  telehealth.
   40         (3) The board has jurisdiction over a veterinarian
   41  practicing veterinary telehealth, regardless of where the
   42  veterinarian’s physical office is located. The practice of
   43  veterinary medicine is deemed to occur when the veterinarian,
   44  the patient, or both are located within this state at the time
   45  the veterinarian practices veterinary telehealth.
   46         (4) A veterinarian practicing veterinary telehealth:
   47         (a) May not engage in the practice of veterinary telehealth
   48  unless it is within the context of a veterinarian/client/patient
   49  relationship;
   50         (b) Shall practice in a manner consistent with his or her
   51  scope of practice and the prevailing professional standard of
   52  practice for a veterinarian who provides in-person veterinary
   53  services to patients in this state and shall employ sound,
   54  professional judgment to determine whether using veterinary
   55  telehealth is an appropriate method for delivering medical
   56  advice or treatment to the patient;
   57         (c) May use veterinary telehealth to perform an initial
   58  patient evaluation to establish the veterinarian/client/patient
   59  relationship if the evaluation is conducted using synchronous,
   60  audiovisual communication. The evaluation may not be performed
   61  using audio only communications, text messaging, questionnaires,
   62  chatbots, or other similar means. If a veterinarian practicing
   63  telehealth conducts a patient evaluation sufficient to diagnose
   64  and treat the patient, the veterinarian is not required to
   65  research a patient’s medical history or conduct a physical
   66  examination of the patient before using veterinary telehealth to
   67  provide a veterinary health care service to the patient;
   68         (d) If the initial patient evaluation is performed using
   69  veterinary telehealth, must provide the client with a statement
   70  containing the veterinarian’s name, license number, and contact
   71  information and the contact information for at least one
   72  physical veterinary clinic in the vicinity of the patient’s
   73  location and instructions for how to receive patient follow-up
   74  care or assistance if the veterinarian and client are unable to
   75  communicate because of a technological or equipment failure or
   76  if there is an adverse reaction to treatment. The veterinarian
   77  shall obtain from the client a signed and dated statement
   78  indicating the client has received the required information
   79  before practicing veterinary telehealth;
   80         (e) Shall prescribe all drugs and medications in accordance
   81  with all federal and state laws and the following requirements:
   82         1. A veterinarian practicing veterinary telehealth may
   83  order, prescribe, or make available medicinal drugs or drugs
   84  specifically approved for use in animals by the United States
   85  Food and Drug Administration, the use of which conforms to the
   86  approved labeling. Prescriptions based solely on a telehealth
   87  evaluation may be issued for up to 1 month for products labeled
   88  solely for flea and tick control and up to 14 days of treatment
   89  for other animal drugs. Prescriptions based solely on a
   90  telehealth evaluation may not be renewed without an in-person
   91  examination.
   92         2. A veterinarian practicing veterinary telehealth may not
   93  order, prescribe, or make available medicinal drugs or drugs as
   94  defined in s. 465.003 approved by the United States Food and
   95  Drug Administration for human use or compounded antibacterial,
   96  antifungal, antiviral, or antiparasitic medications, unless the
   97  veterinarian has conducted an in-person physical examination of
   98  the animal or made medically appropriate and timely visits to
   99  the premises where the animal is kept.
  100         3. A veterinarian may not use veterinary telehealth to
  101  prescribe a controlled substance as defined in chapter 893
  102  unless the veterinarian has conducted an in-person physical
  103  examination of the animal or made medically appropriate and
  104  timely visits within the past year to the premises where the
  105  animal is kept.
  106         4. A veterinarian practicing veterinary telehealth may not
  107  prescribe a drug or other medication for use on a horse engaged
  108  in racing or training at a facility under the jurisdiction of
  109  the Florida Gaming Control Commission or on a horse that is a
  110  covered horse as defined in the federal Horseracing Integrity
  111  and Safety Act, 15 U.S.C. ss. 3051 et seq.;
  112         (f) Shall be familiar with available veterinary resources,
  113  including emergency resources, near the patient’s location and
  114  be able to provide the client with a list of nearby
  115  veterinarians who may be able to see the patient in person upon
  116  the request of the client;
  117         (g) Shall keep, maintain, and make available a summary of
  118  the patient record as provided in s. 474.2165; and
  119         (h) May not use veterinary telehealth to issue an
  120  international or interstate travel certificate or a certificate
  121  of veterinary inspection.
  122         (5) A veterinarian personally acquainted with the caring
  123  and keeping of an animal or group of animals on food-producing
  124  animal operations on land classified as agricultural pursuant to
  125  s. 193.461 who has recently seen the animal or group of animals
  126  or has made medically appropriate and timely visits to the
  127  premises where the animal or group of animals is kept may
  128  practice veterinary telehealth for animals on such operations.
  129         Section 3. Subsection (1) of section 474.2165, Florida
  130  Statutes, is amended to read:
  131         474.2165 Ownership and control of veterinary medical
  132  patient records; report or copies of records to be furnished.—
  133         (1) As used in this section, the term “records owner” means
  134  any veterinarian who generates a medical record after making an
  135  a physical examination of, or administering treatment or
  136  dispensing legend drugs to, any patient; any veterinarian to
  137  whom records are transferred by a previous records owner; or any
  138  veterinarian’s employer, provided the employment contract or
  139  agreement between the employer and the veterinarian designates
  140  the employer as the records owner.
  141         Section 4. This act shall take effect July 1, 2024.