Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1040
Ì141662#Î141662
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/05/2024 .
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The Committee on Regulated Industries (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 27 - 62
4 and insert:
5 Section 1. Subsection (14) is added to section 474.202,
6 Florida Statutes, to read:
7 474.202 Definitions.—As used in this chapter:
8 (14) “Veterinary telehealth” means the use of synchronous
9 or asynchronous telecommunications technology by a telehealth
10 provider to provide health care services, including, but not
11 limited to, assessment, diagnosis, consultation, treatment, and
12 monitoring of a patient; transfer of medical data; patient and
13 professional health-related education; public health services;
14 and health administration. The term does not include e-mail
15 messages or facsimile transmissions.
16 Section 2. Section 474.2021, Florida Statutes, is created
17 to read:
18 474.2021 Veterinary telehealth.—
19 (1) This section may be cited as the “Providing Equity in
20 Telehealth Services Act.”
21 (2) A veterinarian who holds a current license to practice
22 veterinary medicine in this state may practice veterinary
23 telehealth.
24 (3) The board has jurisdiction over a veterinarian
25 practicing veterinary telehealth, regardless of where the
26 veterinarian’s physical office is located. The practice of
27 veterinary medicine is deemed to occur at the premises where the
28 patient is located at the time the veterinarian practices
29 veterinary telehealth.
30 (4) A veterinarian practicing veterinary telehealth:
31 (a) May not engage in the practice of veterinary telehealth
32 unless it is within the context of a veterinarian/client/patient
33 relationship;
34 (b) Must practice in a manner consistent with his or her
35 scope of practice and the prevailing professional standard of
36 practice for a veterinarian who provides in-person veterinary
37 services to patients in this state;
38 (c) May use veterinary telehealth to perform a patient
39 evaluation if the evaluation is conducted using synchronous,
40 audiovisual communication. If a veterinarian practicing
41 telehealth conducts a patient evaluation sufficient to diagnose
42 and treat the patient, the veterinarian is not required to
43 research a patient’s medical history or conduct a physical
44 examination of the patient before using veterinary telehealth to
45 provide a veterinary health care service to the patient;
46 (d) Shall provide the client with a statement containing
47 the veterinarian’s name, license number, and contact information
48 and the contact information for at least one physical veterinary
49 clinic in the vicinity of the pet’s location and instructions
50 for how to receive patient follow-up care or assistance if the
51 veterinarian and client are unable to communicate because of a
52 technological or equipment failure or if there is an adverse
53 reaction to treatment. The veterinarian shall obtain from the
54 client a signed and dated statement indicating the client has
55 received the required information;
56 (e) Shall prescribe all drugs and medications in accordance
57 with all federal and state laws and the following requirements:
58 1. A veterinarian practicing veterinary telehealth may
59 order, prescribe, or make available medicinal drugs or drugs
60 specifically approved for use in animals by the United States
61 Food and Drug Administration, the use of which conforms to the
62 approved labeling. Prescriptions based solely on a telehealth
63 evaluation may be issued for up to 1 month for parasite
64 treatment and prevention medications and up to 14 days for other
65 animal drugs.
66 2. A veterinarian practicing veterinary telehealth may not
67 order, prescribe, or make available medicinal drugs or drugs as
68 defined in s. 465.003 approved by the United States Food and
69 Drug Administration for human use, including compounded
70 antibacterial, antifungal, antiviral, or antiparasitic
71 medications, unless the veterinarian has conducted an in-person
72 physical examination of the animal or made medically appropriate
73 and timely visits to the premises where the animal is kept.
74 3. A veterinarian may not use veterinary telehealth to
75 prescribe a controlled substance as defined in chapter 893
76 unless the veterinarian has conducted an in-person physical
77 examination of the animal or made medically appropriate and
78 timely visits to the premises where the animal is kept.
79 4. A veterinarian practicing veterinary telehealth may not
80 prescribe a drug or other medication for use on a horse engaged
81 in racing or training at a facility under the jurisdiction of
82 the Florida Gaming Control Commission or on a horse that is a
83 covered horse as defined in the federal Horseracing Integrity
84 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
85 (f) Shall be familiar with available veterinary resources,
86 including emergency resources, near the patient’s location and
87 be able to provide the client with a list of nearby
88 veterinarians who may be able to see the patient in person upon
89 the request of the client;
90 (g) Shall keep, maintain, and make available a summary of
91 the patient record as provided in s. 474.2165; and
92 (h) May not use veterinary telehealth to issue an
93 international or interstate travel certificate or a certificate
94 of veterinary inspection.
95
96 ================= T I T L E A M E N D M E N T ================
97 And the title is amended as follows:
98 Delete lines 2 - 6
99 and insert:
100 An act relating to veterinary practices; amending s.
101 474.202, F.S.; defining the term “veterinary
102 telehealth”; creating s. 474.2021, F.S.; providing a
103 short title; authorizing licensed veterinarians to
104 practice veterinary telehealth in accordance with
105 specified criteria; specifying the powers