Senate Bill sb0898c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 898
By the Committee on Health Care; and Senator Rich
587-1879A-05
1 A bill to be entitled
2 An act relating to rabies prevention and
3 control; amending s. 828.30, F.S.; requiring a
4 veterinarian to vaccinate certain animals with
5 a vaccine that is licensed by the United States
6 Department of Agriculture; establishing
7 revaccination requirements; prohibiting using
8 evidence of rabies antibodies in lieu of
9 revaccination; revising the requirements for
10 certificates of rabies vaccinations; requiring
11 the use of a certain form for certifying a
12 vaccination; authorizing the administering
13 veterinarian to use a signature stamp on the
14 vaccination certificate; prohibiting a local
15 government from requiring revaccination of
16 currently vaccinated animals, except for
17 postexposure treatment; providing legislative
18 findings; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 828.30, Florida Statutes, is
23 amended to read:
24 828.30 Rabies vaccination of dogs, cats, and
25 ferrets.--
26 (1) All dogs, cats, and ferrets 4 months of age or
27 older must be vaccinated by a licensed veterinarian against
28 rabies with a vaccine that is licensed by the United States
29 Department of Agriculture for use in those species
30 Government-approved vaccine. The owner of each dog, cat, and
31 ferret shall have the animal vaccinated 12 months after the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 898
587-1879A-05
1 initial vaccination. Thereafter, the interval between
2 vaccinations must conform to the vaccine manufacturer's
3 directions. The cost of vaccination must be borne by the
4 animal's owner. Evidence of circulating
5 rabies-virus-neutralizing antibodies may not be used as a
6 substitute for current vaccination in managing rabies exposure
7 or determining the need for booster vaccinations.
8 (2) A dog, cat, or ferret is exempt from vaccination
9 against rabies if a licensed veterinarian has examined the
10 animal and has certified in writing that at the time
11 vaccination would endanger the animal's health because of its
12 age, infirmity, disability, illness, or other medical
13 considerations. An exempt animal must be vaccinated against
14 rabies as soon as its health permits.
15 (3) Upon vaccination against rabies, the licensed
16 veterinarian shall provide the animal's owner and the animal
17 control authority with a rabies vaccination certificate. Each
18 animal control authority and veterinarian shall use Form 51,
19 "Rabies Vaccination Certificate," of the National Association
20 of State Public Health Veterinarians (NASPHV) or an equivalent
21 form approved by the local government which contains all the
22 information required by NASPHV Form 51. The veterinarian who
23 administers the rabies vaccine to an animal as required under
24 this section may affix his or her signature stamp in lieu of
25 an actual signature. which must contain at least the following
26 information:
27 (a) the license number of the administering
28 veterinarian.
29 (b) The name, address, and phone number of the
30 veterinarian and owner
31 (c) The date of vaccination
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 898
587-1879A-05
1 (d) The expiration date of the vaccination.
2 (e) The species, age, sex, color, breed, weight, and
3 name of the animal vaccinated.
4 (f) The rabies vaccine manufacturer.
5 (g) The vaccine lot number and expiration date.
6 (h) The type and brand of vaccine used.
7 (i) The route of administration of the vaccine.
8 (j) The signature or signature stamp of the licensed
9 veterinarian.
10 (4) Beginning March 1, 1999, each ferret vaccinated
11 according to this section must be quarantined, when necessary,
12 according to rules of the Department of Health.
13 (5) An animal owner's name, street address, phone
14 number, and animal tag number contained in a rabies
15 vaccination certificate provided to the animal control
16 authority is exempt from s. 119.07(1) and s. 24(a), Art. I of
17 the State Constitution. However, any person who has been
18 bitten, scratched, or otherwise exposed to a zoonotic disease
19 or the physician of such person; a veterinarian who is
20 treating an animal that has been bitten, scratched, or
21 otherwise exposed to a zoonotic disease; or the owner of an
22 animal that has been bitten, scratched, or otherwise exposed
23 to a zoonotic disease shall be provided with any information
24 contained in a rabies vaccination certificate but only with
25 respect to the particular animal biting, scratching, or
26 otherwise causing exposure. Any person with an animal tag
27 number may receive vaccination certificate information with
28 regard to that animal. Law enforcement and prosecutorial
29 agencies; other animal control authorities; emergency and
30 medical response and disease control agencies; or other
31 governmental health agencies shall be provided information
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 898
587-1879A-05
1 contained in the rabies vaccination certificate for the
2 purpose of controlling the transmission of rabies; however,
3 the receiving agencies and authorities must not release the
4 exempt information.
5 (6) Violation of this section is a civil infraction,
6 punishable as provided in s. 828.27(2).
7 (7) This section does not prohibit or limit
8 municipalities or counties from enacting requirements similar
9 to or more stringent than the provisions of this section for
10 the implementation and enforcement of rabies-control
11 ordinances. However, a local government may not establish
12 requirements that would mandate revaccination of currently
13 vaccinated animals, except for instances involving the
14 postexposure treatment of rabies.
15 Section 2. The Legislature finds that it is necessary
16 to require that dogs, cats, and ferrets be vaccinated against
17 rabies in order to protect the public from this deadly
18 disease. The Legislature also finds that the present law does
19 not clearly specify requirements to revaccinate these animals,
20 which has led to unnecessary revaccination of currently
21 vaccinated animals in local jurisdictions that enact
22 requirements that are more stringent. The Legislature finds
23 that in order to maximize protections and minimize risks to
24 the animals, revaccination guidelines outlined in the
25 Department of Health's Florida Rabies Prevention and Control
26 guidebook must be incorporated in the law. This approach does
27 not interfere with the veterinarian's discretion to use a
28 rabies vaccine of 1 year or 3 years' duration of immunity. The
29 Legislature also determines a need to standardize the rabies
30 certificate form in order to permit easier use by
31 veterinarians and public health officials by using Form 51 of
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 898
587-1879A-05
1 the National Association of State Public Health Veterinarians
2 or an equivalent form approved by the local government. The
3 Legislature finds that since rabies-vaccination programs are
4 administered on a calendar-year basis, an implementation date
5 of January 1, 2006, will provide for an orderly transition.
6 Section 3. This act shall take effect January 1, 2006.
7
8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 898
10
11 The veterinarian who administers a vaccination as required
under s. 828.30, F.S., may affix his or her signature stamp in
12 lieu of an actual signature on the rabies vaccination
certificate.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.