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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Dyer moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 15, lines 16 and 17,

15

16  insert:

17         Section 11.  Section 474.203, Florida Statutes, is

18  amended to read:

19         474.203  Exemptions.--This chapter does shall not apply

20  to:

21         (1)  Any faculty member practicing only in conjunction

22  with teaching duties at a school or college of veterinary

23  medicine which is. Such school or college shall be located in

24  this state and be accredited by the American Veterinary

25  Medical Association Council on Education. However, this

26  exemption applies only to such a faculty member who does not

27  hold a valid license issued under this chapter but who is a

28  graduate of a school or college of veterinary medicine

29  accredited by the American Veterinary Medical Association

30  Council on Education or a school or college recognized by the

31  American Veterinary Medical Association Commission for Foreign

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  Veterinary Graduates. The faculty member exemption shall

 2  automatically expire when such school or college terminates

 3  the faculty member from such teaching duties.  On July 1

 4  December 31 of each year, such school or college shall provide

 5  the board with a written list of all faculty who are exempt

 6  from this chapter. Such school or college shall also notify

 7  the board in writing of any additions or deletions to such

 8  list.

 9         (2)  A person who is practicing as an intern or

10  resident veterinarian and who does not hold a valid license

11  issued under this chapter but who is a graduate in training at

12  a school or college of veterinary medicine located in this

13  state and accredited by the American Veterinary Medical

14  Association Council on Education. Such an intern or resident

15  must be a graduate of a school or college of veterinary

16  medicine accredited by the American Veterinary Medical

17  Association Council on Education or a school or college

18  recognized by the American Veterinary Medical Association

19  Commission for Foreign Veterinary Graduates. This exemption is

20  no longer applicable to an individual after he or she

21  completes or is terminated from such training. Each school or

22  college at which such an intern or resident is in training

23  shall, on July 1 of each year, provide the board with a

24  written list of all such interns or residents designated for

25  this exemption, and the school or college shall also notify

26  the board of any additions to or deletions from the list.

27         (3)(2)  A student in a school or college of veterinary

28  medicine while in the performance of duties assigned by her or

29  his instructor or when working as a preceptor under the

30  immediate supervision of a licensee, provided that such

31  preceptorship is required for graduation from an accredited

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  school or college of veterinary medicine.  The licensed

 2  veterinarian shall be responsible for all acts performed by a

 3  preceptor under her or his supervision.

 4         (4)(3)  Any doctor of veterinary medicine in the employ

 5  of a state agency or the United States Government while

 6  actually engaged in the performance of her or his official

 7  duties; however, this exemption shall not apply to such person

 8  when the person is not engaged in carrying out her or his

 9  official duties or is not working at the installations for

10  which her or his services were engaged.

11         (5)(4)  Any person, or the person's regular employee,

12  administering to the ills or injuries of her or his own

13  animals, including, but not limited to, castration, spaying,

14  and dehorning of herd animals, unless title has been

15  transferred or employment provided for the purpose of

16  circumventing this law. This exemption shall not apply to

17  out-of-state veterinarians practicing temporarily in the

18  state. However, only a veterinarian may immunize or treat an

19  animal for diseases which are communicable to humans and which

20  are of public health significance.

21         (6)(5)  State agencies, accredited schools,

22  institutions, foundations, business corporations or

23  associations, physicians licensed to practice medicine and

24  surgery in all its branches, graduate doctors of veterinary

25  medicine, or persons under the direct supervision thereof,

26  which or who conduct experiments and scientific research on

27  animals in the development of pharmaceuticals, biologicals,

28  serums, or methods of treatment, or techniques for the

29  diagnosis or treatment of human ailments, or when engaged in

30  the study and development of methods and techniques directly

31  or indirectly applicable to the problems of the practice of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  veterinary medicine.

 2         (7)(6)  Any veterinary aide, nurse, laboratory

 3  technician, preceptor, or other employee of a licensed

 4  veterinarian who administers medication or who renders

 5  auxiliary or supporting assistance under the responsible

 6  supervision of a such licensed veterinarian practitioner,

 7  including those tasks identified by rule of the board

 8  requiring immediate supervision. However, the licensed

 9  veterinarian is shall be responsible for all such acts

10  performed under this subsection by persons under her or his

11  supervision.

12         (8)  A veterinarian, licensed by and actively

13  practicing veterinary medicine in another state, who is board

14  certified in a specialty recognized by the board and who

15  responds to a request of a veterinarian licensed in this state

16  to assist with the treatment on a specific case of a specific

17  animal or with the treatment on a specific case of the animals

18  of a single owner, as long as the veterinarian licensed in

19  this state requests the other veterinarian's presence. A

20  veterinarian who practices under this subsection is not

21  eligible to apply for a premises permit under s. 474.215.

22         (9)  For the purposes of chapters 465 and 893, persons

23  exempt under subsection (1), subsection (2), or subsection (4)

24  are considered to be duly licensed practitioners authorized by

25  the laws of this state to prescribe drugs or medicinal

26  supplies.

27         Section 12.  Subsection (3) of section 474.211, Florida

28  Statutes, is amended to read:

29         474.211  Renewal of license.--

30         (3)  The board may by rule prescribe continuing

31  education, not to exceed 30 hours biennially, as a condition

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  for renewal of a license or certificate. The criteria for such

 2  programs, providers, or courses must shall be approved by the

 3  board.

 4         Section 13.  Subsection (1) of section 474.2125,

 5  Florida Statutes, is amended to read:

 6         474.2125  Temporary license.--

 7         (1)  The board shall adopt rules providing for the

 8  issuance of a temporary license to a licensed veterinarian of

 9  another state for the purpose of enabling her or him to

10  provide veterinary medical services in this state for the

11  animals of a specific owner or, as may be needed in an

12  emergency as defined in s. 252.34(3) s. 252.34(2), for the

13  animals of multiple owners, provided the applicant would

14  qualify for licensure by endorsement under s. 474.217, except

15  that the applicant need not have demonstrated compliance with

16  s. 474.217(1)(a) before the license is issued. A No temporary

17  license is not shall be valid for more than 30 days after its

18  issuance, and a no license may not shall cover more than the

19  treatment of the animals of one owner except in an emergency

20  as defined in s. 252.34(3) s. 252.34(2). When After the

21  expiration of 30 days have expired, a new temporary license is

22  required.

23         Section 14.  Paragraph (c) of subsection (2) of section

24  474.214, Florida Statutes, is amended to read:

25         474.214  Disciplinary proceedings.--

26         (2)  When the board finds any applicant or veterinarian

27  guilty of any of the grounds set forth in subsection (1),

28  regardless of whether the violation occurred prior to

29  licensure, it may enter an order imposing one or more of the

30  following penalties:

31         (c)  Imposition of an administrative fine not to exceed

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  $5,000 $1,000 for each count or separate offense.

 2

 3  In determining appropriate action, the board must first

 4  consider those sanctions necessary to protect the public.

 5  Only after those sanctions have been imposed may the

 6  disciplining authority consider and include in its order

 7  requirements designed to rehabilitate the veterinarian.  All

 8  costs associated with compliance with any order issued under

 9  this subsection are the obligation of the veterinarian.

10         Section 15.  Subsection (7) of section 474.215, Florida

11  Statutes, is amended, and subsections (8) and (9) are added to

12  that section, to read:

13         474.215  Premises permits.--

14         (7)  The board by rule shall establish minimum

15  standards for the operation of limited service veterinary

16  medical practices. The Such rules must shall not restrict

17  limited service veterinary medical practices and must shall be

18  consistent with the type of limited veterinary medical service

19  provided.

20         (a)  Any person who that offers or provides limited

21  service veterinary medical practice shall obtain from the

22  board a biennial permit from the board the cost of which must

23  shall not exceed $250. The limited service permittee shall

24  register each location where limited service clinics are held

25  and shall pay a fee set by rule not to exceed $25 to register

26  each such location.

27         (b)  All permits issued under this subsection are

28  subject to the provisions of ss. 474.213 and 474.214.

29         (c)  Notwithstanding any provision of this subsection

30  to the contrary, any temporary rabies vaccination effort

31  operated by a county health department in response to a public

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  health threat, as declared by the State Health Officer in

 2  consultation with the State Veterinarian, is not subject to

 3  any preregistration, time limitation, or fee requirements, but

 4  must adhere to all other requirements for limited service

 5  veterinary medical practice as prescribed by rule. The fee

 6  charged to the public for a rabies vaccination administered

 7  during such a temporary rabies vaccination effort must not

 8  exceed the actual cost of administering the rabies vaccine.

 9  Such rabies vaccination efforts may not be used for any

10  purpose other than to address the public health consequences

11  of the rabies outbreak. The board shall be immediately

12  notified in writing of any temporary rabies vaccination effort

13  operated under this paragraph.

14         (8)  Any person who is not a veterinarian licensed

15  under this chapter but who desires to own and operate a

16  veterinary medical establishment shall apply to the board for

17  a premises permit. If the board certifies that the applicant

18  complies with the applicable laws and rules of the board, the

19  department shall issue a premises permit. A permit must not be

20  issued unless a licensed veterinarian is designated to

21  undertake the professional supervision of the veterinary

22  medical practice and the minimum standards set by rule of the

23  board for premises where veterinary medicine is practiced.

24  Upon application, the department shall request a statewide

25  criminal records correspondence check of the applicant through

26  the Department of Law Enforcement. The permittee shall notify

27  the board within 10 days after any change of the licensed

28  veterinarian responsible for such duties. Any permittee under

29  this subsection is subject to subsection (9) and s. 474.214.

30         (9)(a)  The department or the board may deny, revoke,

31  or suspend the permit of any permittee under this section and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  may fine, place on probation, or otherwise discipline any

 2  permittee under this section who has:

 3         1.  Obtained a permit by misrepresentation or fraud or

 4  through an error of the department or board;

 5         2.  Attempted to procure, or has procured, a permit for

 6  any other person by making, or causing to be made, any false

 7  representation;

 8         3.  Violated any of the requirements of this chapter or

 9  any rule of the board; or

10         4.  Been convicted or found guilty of, or entered a

11  plea of nolo contendere to, a felony in any court of this

12  state, of any other state, or of the United States.

13         (b)  If the permit is revoked or suspended, the owner,

14  manager, or proprietor shall cease to operate the premises as

15  a veterinary medical practice as of the effective date of the

16  suspension or revocation. In the event of such revocation or

17  suspension, the owner, manager, or proprietor shall remove

18  from the premises all signs and symbols identifying the

19  premises as a veterinary medical practice. The period of any

20  such suspension must be prescribed by rule of the board, but

21  may not exceed 1 year. If the permit is revoked, the person

22  who owns or operates the establishment may not apply for a

23  permit to operate such premises for a period of 1 year after

24  the date of the revocation. Upon the effective date of the

25  revocation, the permittee shall advise the board of the

26  disposition of any and all medicinal drugs and shall make

27  provision for ensuring the security, confidentiality, and

28  availability to clients of all patient medical records.

29         Section 16.  Section 474.217, Florida Statutes, is

30  amended to read:

31         474.217  Licensure by endorsement.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1         (1)  The department shall issue a license by

 2  endorsement to any applicant who, upon applying to the

 3  department and remitting a fee set by the board, demonstrates

 4  to the board that she or he:

 5         (a)  Has demonstrated, in a manner designated by rule

 6  of the board, knowledge of the laws and rules governing the

 7  practice of veterinary medicine in this state; and

 8         (b)1.  Either holds, and has held for the 3 years

 9  immediately preceding the application for licensure, a valid,

10  active license to practice veterinary medicine in another

11  state of the United States, the District of Columbia, or a

12  territory of the United States, provided that the requirements

13  for licensure in the issuing state, district, or territory are

14  equivalent to or more stringent than the requirements of this

15  chapter; or

16         2.  Meets the qualifications of s. 474.207(2)(b) and

17  has successfully completed a state, regional, national, or

18  other examination which is equivalent to or more stringent

19  than the examination approved by the board and certified given

20  by the department and has passed the board's clinical

21  competency examination or another clinical competency

22  examination specified by rule of the board.

23         (2)  The department may shall not issue a license by

24  endorsement to any applicant who is under investigation in any

25  state, territory, or the District of Columbia for an act that

26  which would constitute a violation of this chapter until the

27  investigation is complete and disciplinary proceedings have

28  been terminated, at which time the provisions of s. 474.214

29  applies shall apply.

30         Section 17.  Notwithstanding the transfer of the

31  Division of Medical Quality Assurance to the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1  Health or any other provision of law to the contrary,

 2  veterinarians licensed under chapter 474, Florida Statutes,

 3  shall be governed by the treatment of impaired practitioners

 4  provisions of section 455.707, Florida Statutes, as if they

 5  were under the jurisdiction of the Division of Medical Quality

 6  Assurance, except that for veterinarians the Department of

 7  Business and Professional Regulation shall, at its option,

 8  exercise any of the powers granted to the Department of Health

 9  by that provision, and "board" shall mean board as defined in

10  chapter 474, Florida Statutes.

11

12  (Redesignate subsequent sections.)

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, line 25, after the semicolon

18

19  insert:

20         amending s. 474.203, F.S.; revising and

21         providing exemptions from regulation under

22         chapter 474, F.S., relating to veterinary

23         medical practice; amending s. 474.207, F.S.;

24         revising requirements for certain persons to

25         take the examination for licensure as a

26         veterinarian; eliminating obsolete provisions;

27         amending s. 474.211, F.S.; requiring criteria

28         for providers of continuing education to be

29         approved by the board; amending s. 474.2125,

30         F.S.; exempting veterinarians licensed in

31         another state from certain requirements for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2076

    Amendment No.    





 1         temporary licensure in this state; conforming a

 2         cross-reference; amending s. 474.214, F.S.;

 3         increasing the administrative fine; amending s.

 4         474.215, F.S.; requiring limited service

 5         permittees to register each location and

 6         providing a registration fee; providing

 7         requirements for certain temporary rabies

 8         vaccination efforts; providing permit and other

 9         requirements for persons who are not licensed

10         veterinarians but who desire to own and operate

11         a veterinary medical establishment; providing

12         disciplinary actions applicable to holders of

13         premises permits; amending s. 474.217, F.S.,

14         relating to licensure by endorsement; revising

15         a reference to an examination; providing for

16         participation of veterinarians in impaired

17         practitioner treatment programs;

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