Florida Senate - 2023                                     SB 554
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-01167-23                                            2023554__
    1                        A bill to be entitled                      
    2         An act relating to the medical treatment of animals;
    3         providing a short title; amending s. 474.202, F.S.;
    4         redefining the term “patient”; defining the term
    5         “veterinary telemedicine”; creating s. 474.2021, F.S.;
    6         authorizing licensed veterinarians to practice
    7         veterinary telemedicine; authorizing a veterinarian
    8         practicing telemedicine to order, prescribe, or make
    9         available specified medicinal drugs and controlled
   10         substances; providing requirements for use of
   11         veterinary telemedicine in veterinarian referrals;
   12         providing jurisdiction of the Board of Veterinary
   13         Medicine with regard to practicing veterinary
   14         telemedicine; amending s. 474.203, F.S.; conforming
   15         provisions to changes made by the act; amending s.
   16         474.214, F.S.; revising grounds for disciplinary
   17         action against a veterinarian; amending s. 828.30,
   18         F.S.; authorizing certain employees, agents, or
   19         contractors to administer rabies vaccinations under
   20         certain circumstances; providing that a supervising
   21         veterinarian assumes responsibility for any person
   22         working under the veterinarian’s supervision or at his
   23         or her direction; defining the term “indirect
   24         supervision”; authorizing a veterinarian who
   25         indirectly supervises the administration of the rabies
   26         vaccination to affix his or her signature stamp in
   27         lieu of an actual signature on the rabies vaccination
   28         certificate; reenacting s. 465.0276(5), F.S., relating
   29         to a veterinarian’s ability to administer drugs to a
   30         patient, to incorporate the amendment made to s.
   31         474.202, F.S., in a reference thereto; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. This act may be cited as the “Veterinary
   37  Telemedicine Act.”
   38         Section 2. Subsection (8) of section 474.202, Florida
   39  Statutes, is amended, and subsection (14) is added to that
   40  section, to read:
   41         474.202 Definitions.—As used in this chapter:
   42         (8) “Patient” means any animal or herd, collection, or
   43  group of animals for which the veterinarian practices veterinary
   44  medicine.
   45         (14)“Veterinary telemedicine” means the practice of
   46  veterinary medicine with an established
   47  veterinarian/client/patient relationship in a remote setting in
   48  which patient care, treatment, and services are provided through
   49  the use of telecommunications, including telephone and audio
   50  visual technology.
   51         Section 3. Section 474.2021, Florida Statutes, is created
   52  to read:
   53         474.2021 Veterinary telemedicine.—
   54         (1)A veterinarian who holds a current license to practice
   55  veterinary medicine in this state may practice veterinary
   56  telemedicine.
   57         (2)A veterinarian practicing veterinary telemedicine may
   58  order, prescribe, or make available all of the following:
   59         (a)Medicinal drugs or drugs as defined in chapter 465.
   60         (b)Controlled substances in compliance with chapter 893
   61  and the federal Controlled Substance Act.
   62         (3)A veterinarian who practices veterinary telemedicine
   63  may maintain the veterinarian/client/patient relationship
   64  between medically necessary examinations of the patient or
   65  timely medical visits to the premises where the patient is kept
   66  for a time period determined by the Board of Veterinary
   67  Medicine.
   68         (4)A veterinarian with a veterinarian/client/patient
   69  relationship may refer a specific patient to a veterinarian who
   70  is a board-certified specialist, certified in an area of
   71  practice recognized by the board, or recognized by the referring
   72  veterinarian to have specific expertise in a particular area of
   73  veterinary medicine. The veterinarian to whom the patient is
   74  referred may practice veterinary telemedicine and consult
   75  directly with the client under the referring veterinarian’s
   76  veterinarian/client/patient relationship, provided he or she
   77  keeps the referring veterinarian informed of any diagnosis,
   78  treatment, or patient progress. Additionally, only the referring
   79  veterinarian may prescribe medicinal drugs as defined in chapter
   80  465 or controlled substances as defined in chapter 893.
   81         (5)The practice of veterinary medicine is deemed to occur
   82  when the veterinarian or the patient are located within this
   83  state at the time the veterinarian practices veterinary
   84  telemedicine. The board has jurisdiction over a veterinarian
   85  practicing veterinary telemedicine in this state, regardless of
   86  where the veterinarian’s physical office is located.
   87         Section 4. Paragraph (a) of subsection (5) of section
   88  474.203, Florida Statutes, is amended to read:
   89         474.203 Exemptions.—This chapter does not apply to:
   90         (5)(a) Any person, or the person’s regular employee,
   91  administering to the ills or injuries of her or his own animals,
   92  including, but not limited to, castration, spaying, and
   93  dehorning of herd animals, unless title is transferred or
   94  employment provided for the purpose of circumventing this law.
   95  This exemption does not apply to any person licensed as a
   96  veterinarian in another state or foreign jurisdiction and
   97  practicing temporarily in this state. However, except as
   98  provided in s. 828.30, only a veterinarian may immunize or treat
   99  an animal for diseases that are communicable to humans and that
  100  are of public health significance.
  101  
  102  For the purposes of chapters 465 and 893, persons exempt
  103  pursuant to subsection (1), subsection (2), or subsection (4)
  104  are deemed to be duly licensed practitioners authorized by the
  105  laws of this state to prescribe drugs or medicinal supplies.
  106         Section 5. Paragraph (y) of subsection (1) of section
  107  474.214, Florida Statutes, is amended to read:
  108         474.214 Disciplinary proceedings.—
  109         (1) The following acts shall constitute grounds for which
  110  the disciplinary actions in subsection (2) may be taken:
  111         (y) Using the privilege of ordering, prescribing, or making
  112  available medicinal drugs or drugs as defined in chapter 465, or
  113  controlled substances as defined in chapter 893, for use other
  114  than for the specific treatment of animal patients for which
  115  there is a documented veterinarian/client/patient relationship.
  116  Pursuant thereto, The veterinarian shall:
  117         1. Have sufficient knowledge of the patient animal to
  118  initiate at least a general or preliminary diagnosis of the
  119  medical condition of the patient animal, which means that the
  120  veterinarian is personally acquainted with the keeping and
  121  caring of the patient animal and has recently performed an in
  122  person examination of the patient seen the animal or has made
  123  medically appropriate and timely visits to the premises where
  124  the patient animal is kept.
  125         2. Be available or provide for follow-up followup care and
  126  treatment in case of adverse reactions or failure of the regimen
  127  of therapy.
  128         3. Maintain records that which document patient visits,
  129  diagnosis, treatment, and other relevant information required
  130  under this chapter.
  131         Section 6. Subsections (1) and (3) of section 828.30,
  132  Florida Statutes, are amended to read:
  133         828.30 Rabies vaccination of dogs, cats, and ferrets.—
  134         (1)(a) All dogs, cats, and ferrets 4 months of age or older
  135  must be vaccinated by a licensed veterinarian or, in the case of
  136  impounded animals, a person authorized under paragraph (b),
  137  against rabies with a vaccine that is licensed by the United
  138  States Department of Agriculture for use in those species.
  139         (b)An employee, an agent, or a contractor of a county or
  140  municipal animal control authority acting under the indirect
  141  supervision of a licensed veterinarian may vaccinate impounded
  142  dogs, cats, and ferrets that will be transferred, rescued,
  143  fostered, adopted, or reclaimed by the owner. The supervising
  144  veterinarian assumes responsibility for any person vaccinating
  145  animals at the veterinarian’s direction or under his or her
  146  supervision. As used in this paragraph, the term “indirect
  147  supervision” means that the supervising veterinarian is required
  148  to be available for consultation through telecommunications but
  149  is not required to be physically present during such
  150  consultation.
  151         (c) The owner of every dog, cat, and ferret shall have the
  152  animal revaccinated 12 months after the initial vaccination.
  153  Thereafter, the interval between vaccinations shall conform to
  154  the vaccine manufacturer’s directions. The cost of vaccination
  155  must be borne by the animal’s owner. Evidence of circulating
  156  rabies virus neutralizing antibodies may shall not be used as a
  157  substitute for current vaccination in managing rabies exposure
  158  or determining the need for booster vaccinations.
  159         (3) Upon vaccination against rabies, the licensed
  160  veterinarian shall provide the animal’s owner and the animal
  161  control authority with a rabies vaccination certificate. Each
  162  animal control authority and veterinarian shall use the “Rabies
  163  Vaccination Certificate” of the National Association of State
  164  Public Health Veterinarians (NASPHV) or an equivalent form
  165  approved by the local government which that contains all the
  166  information required by the NASPHV Rabies Vaccination
  167  Certificate. The veterinarian who administers the rabies
  168  vaccination, or who supervises the administration of the rabies
  169  vaccination as provided in paragraph (1)(b), vaccine to an
  170  animal as authorized required under this section may affix his
  171  or her signature stamp in lieu of an actual signature.
  172         Section 7. For the purpose of incorporating the amendment
  173  made by this act to section 474.202, Florida Statutes, in a
  174  reference thereto, subsection (5) of section 465.0276, Florida
  175  Statutes, is reenacted to read:
  176         465.0276 Dispensing practitioner.—
  177         (5) This chapter and the rules adopted thereunder do not
  178  prohibit a veterinarian licensed under chapter 474 from
  179  administering a compounded drug to a patient, as defined in s.
  180  474.202, or dispensing a compounded drug to the patient’s owner
  181  or caretaker. This subsection does not affect the regulation of
  182  the practice of pharmacy as set forth in this chapter.
  183         Section 8. This act shall take effect July 1, 2023.