HB 0791

1
A bill to be entitled
2An act relating to animal health care services; defining
3the term "animal" for purposes of the act; authorizing the
4provision of certain animal health care services by a
5person who is not a licensed veterinarian; providing that
6the provision of such services is not the practice of
7veterinary medicine; prohibiting certain acts by a person
8who provides animal health care services; clarifying the
9authority of the owner of an animal to provide specified
10care for that animal; authorizing provision of animal
11nutrition or communication advice or hoof care services;
12providing for civil penalties; authorizing the Department
13of Agriculture and Consumer Services to seek judicial
14imposition of penalties; providing that an action in
15compliance with the act also complies with ch. 474, F.S.,
16relating to the practice of veterinary medicine; providing
17an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Animal health care services.--
22     (1)  As used in this section, the term "animal" means any
23live mammal other than a human being or any live bird,
24amphibian, fish, or reptile.
25     (2)  A person who, through training or experience, has
26knowledge of animal health care services offered to the public,
27and who is not a veterinarian licensed under chapter 474,
28Florida Statutes, may, at the request of the owner or caretaker
29of an animal, provide animal health care services that include,
30but are not limited to:
31     (a)  Providing an opinion about the condition of the animal
32to its owner or an authorized agent of the animal's owner,
33provided that such an opinion does not constitute a diagnosis.
34     (b)  Making suggestions to the owner of the animal or an
35authorized agent of the animal's owner regarding
36nonpharmaceutical, nonprescription, or nonsurgical substances,
37services, or devices to address the animal's condition and
38providing the substance, service, or use of a device that was
39suggested.
40     (c)  Providing traditional large animal health care
41services that include, but are not limited to, dehorning,
42castration, dentistry, or inoculation for noncommunicable
43diseases.
44     (d)  Providing services and solutions that promote
45wellness, enhance healing, or address emotional or mental states
46of the animal.
47
48A person who provides animal health care services as permitted
49by this subsection is not engaged in the practice of veterinary
50medicine, as defined in s. 474.202, Florida Statutes, and shall,
51if not acting as an employee of the animal's owner, be
52considered an independent contractor.
53     (3)  A person who provides the animal health care services
54permitted under subsection (2) may not:
55     (a)  Claim to be a veterinarian or offer a diagnosis.
56     (b)  Warrant or represent that the animal health care
57services provided will cure any condition.
58     (c)  Violate animal cruelty laws, including, but not
59limited to, s. 828.12 or s. 828.24, Florida Statutes.
60     (d)  Provide an animal health care service without first:
61     1.  Discussing his or her suggestions for such service with
62the animal's owner or with an authorized agent of the animal's
63owner.
64     2.  Offering the animal's owner or the authorized agent of
65the animal's owner the option to seek the opinion or advice of a
66licensed veterinarian.
67     (4)  A person who owns an animal may:
68     (a)  Attend to, or authorize an employee to attend to, the
69ills or injuries of that animal.
70     (b)  Act to, or authorize an employee to act to, promote
71the wellness of, or prevent the illness of, that animal,
72including, but not limited to, the castration or dehorning of a
73herd animal.
74     (5)  Notwithstanding any provision of this section or of
75chapter 474, Florida Statutes, a person may:
76     (a)  At the request of the owner or caretaker of an animal,
77provide advice as to that animal's nutritional requirements or
78as to communication with that animal, or provide hoof care
79services to that animal; or
80     (b)  Offer unsolicited advice as to nutrition for an
81animal.
82
83A person who provides such advice and who is not a veterinarian
84licensed under chapter 474, Florida Statutes, may not claim to
85be a veterinarian.
86     (6)  A person who knowingly violates subsection (3) is
87subject to a civil penalty of $250 for the first violation and
88$500 for each subsequent violation, not to exceed $5,000 per
89person. The Department of Agriculture and Consumer Services may
90institute a civil action in the courts of this state against
91such a violator to impose and collect such penalties. Penalties
92shall be deposited into the department's General Inspection
93Trust Fund.
94     (7)  An action that is in compliance with this section is
95also in compliance with chapter 474, Florida Statutes.
96     Section 2.  This act shall take effect July 1, 2005.


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