Senate Bill sb0958
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Florida Senate - 2005 SB 958
By Senator Baker
20-522B-05
1 A bill to be entitled
2 An act relating to animal health care services;
3 defining the term "animal" for purposes of the
4 act; authorizing the provision of certain
5 animal health care services by a person who is
6 not a licensed veterinarian; providing that the
7 provision of such services is not the practice
8 of veterinary medicine; prohibiting certain
9 acts by a person who provides animal health
10 care services; clarifying the authority of the
11 owner of an animal to provide specified care
12 for that animal; authorizing provision of
13 animal nutrition or communication advice or
14 hoof care services; providing for civil
15 penalties; authorizing the Department of
16 Agriculture and Consumer Services to seek
17 judicial imposition of penalties; providing
18 that an action in compliance with the act also
19 complies with ch. 474, F.S., relating to the
20 practice of veterinary medicine; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Animal health care services.--
26 (1) As used in this section, the term "animal" means
27 any live mammal other than a human being or any live bird,
28 amphibian, fish, or reptile.
29 (2) A person who, through training or experience, has
30 knowledge of animal health care services offered to the
31 public, and who is not a veterinarian licensed under chapter
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Florida Senate - 2005 SB 958
20-522B-05
1 474, Florida Statutes, may, at the request of the owner or
2 caretaker of an animal, provide animal health care services
3 that include, but are not limited to:
4 (a) Providing an opinion about the condition of the
5 animal to its owner or an authorized agent of the animal's
6 owner. Providing such an opinion does not constitute a
7 diagnosis.
8 (b) Making suggestions to the owner of the animal or
9 an authorized agent of the animal's owner regarding
10 nonpharmaceutical, nonprescription, or nonsurgical substances,
11 services, or devices to address the animal's condition and
12 providing the substance, service, or use of a device that was
13 suggested.
14 (c) Providing traditional large-animal health care
15 services that include, but are not limited to, dehorning,
16 castration, dentistry, or inoculation for noncommunicable
17 diseases.
18 (d) Providing services and solutions that promote
19 wellness, enhance healing, or address emotional or mental
20 states of the animal.
21
22 A person who provides animal health care services as permitted
23 by this subsection is not engaged in the practice of
24 veterinary medicine, as defined in section 474.202, Florida
25 Statutes, and shall, if not acting as an employee of the
26 animal's owner, be considered an independent contractor.
27 (3) A person who provides the animal health care
28 services permitted under subsection (2) may not:
29 (a) Claim to be a veterinarian or offer a diagnosis.
30 (b) Warrant or represent that the animal health care
31 services provided will cure any condition.
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Florida Senate - 2005 SB 958
20-522B-05
1 (c) Violate animal cruelty laws, including, but not
2 limited to, section 828.12 or section 828.24, Florida
3 Statutes.
4 (d) Provide an animal health care service without
5 first:
6 1. Discussing his or her suggestions for such service
7 with the animal's owner or with an authorized agent of the
8 animal's owner; and
9 2. Offering the animal's owner or the authorized agent
10 of the animal's owner the option to seek the opinion or advice
11 of a licensed veterinarian.
12 (4) A person who owns an animal may:
13 (a) Attend to, or authorize an employee to attend to,
14 the ills or injuries of that animal.
15 (b) Act to, or authorize an employee to act to,
16 promote the wellness of, or to prevent illness of, that
17 animal, including, but not limited to, the castration or
18 dehorning of a herd animal.
19 (5) Notwithstanding any provision of this section or
20 of chapter 474, Florida Statutes, a person may:
21 (a) At the request of the owner or caretaker of an
22 animal, provide advice as to that animal's nutritional
23 requirements or as to communication with that animal, or
24 provide hoof care services to that animal; or
25 (b) Offer unsolicited advice as to nutrition for an
26 animal.
27
28 A person who provides such advice and who is not a
29 veterinarian licensed under chapter 474, Florida Statutes, may
30 not claim to be a veterinarian.
31
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Florida Senate - 2005 SB 958
20-522B-05
1 (6) A person who knowingly violates subsection (3) is
2 subject to a civil penalty of $250 for the first violation and
3 $500 for each subsequent violation, not to exceed $5,000 per
4 person. The Department of Agriculture and Consumer Services
5 may institute a civil action in the courts of this state
6 against such a violator to impose and collect such penalties.
7 Penalties shall be deposited into the department's General
8 Inspection Trust Fund.
9 (7) An action that is in compliance with this section
10 is also in compliance with chapter 474, Florida Statutes.
11 Section 2. This act shall take effect July 1, 2005.
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14 SENATE SUMMARY
15 Authorizes the provision of certain animal health care
services and provides that such services are not the
16 practice of veterinary medicine. Prohibits certain acts
by an animal health care service provider. Clarifies an
17 animal owner's authority to provide specified care for
that animal. Authorizes animal nutrition or communication
18 advice or hoof care services. Authorizes the Department
of Agriculture and Consumer Services to seek judicial
19 imposition of civil penalties. Provides that an action in
compliance with the act also complies with ch. 474, F.S.
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CODING: Words stricken are deletions; words underlined are additions.