Florida Senate - 2012                              CS for SB 654
       
       
       
       By the Committee on Regulated Industries; and Senators Hays and
       Sobel
       
       
       
       580-02846-12                                           2012654c1
    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) A 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 issue
   42  a list of infectious or noninfectious diseases determined by it
   43  to be a threat to public health and therefore of significance to
   44  public health and shall furnish a copy of the list to the
   45  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 to
   84  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 this section, chapter 465,
  149  chapter 499, or any rule adopted under those chapters.
  150         (4) The board shall adopt rules implementing subsection
  151  (3), provided that disciplinary action may be taken only for a
  152  substantial violation of this section or the rules adopted under
  153  this section. In determining the severity of an administrative
  154  penalty to be assessed under this section, the Department or the
  155  Board of Pharmacy shall consider:
  156         (a) The severity of the violation;
  157         (b) Any actions taken by the person to correct the
  158  violation or to remedy complaints, and the timing of those
  159  actions; and
  160         (c) Any previous violations.
  161         (5) The Department of Health may issue an emergency order
  162  immediately suspending a permit issued under this section upon a
  163  determination that a permittee, as a result of a violation of
  164  this section or any rule adopted under this section, presents a
  165  danger to the public health, safety, and welfare.
  166         (6) This section does not apply to licensed pharmacies,
  167  veterinarians, or health care practitioners operating within the
  168  scope of the applicable professional act.
  169         Section 3. Subsection (1) of section 828.058, Florida
  170  Statutes, is amended to read:
  171         828.058 Euthanasia of dogs and cats.—
  172         (1) Sodium pentobarbital, a sodium pentobarbital
  173  derivative, or other agent the Board of Veterinary Medicine may
  174  approve by rule shall be the only methods used for euthanasia of
  175  dogs and cats by public or private agencies, animal shelters, or
  176  other facilities which are operated for the collection and care
  177  of stray, neglected, abandoned, or unwanted animals. A lethal
  178  solution shall be used in the following order of preference:
  179         (a) Intravenous injection by hypodermic needle;
  180         (b) Intraperitoneal injection by hypodermic needle; or
  181         (c) If the dog or cat is unconscious with no corneal
  182  reflex, intracardial injection by hypodermic needle; or
  183         (d) Solution or powder added to food.
  184         Section 4. This act shall take effect July 1, 2012.