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.

12  

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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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