Florida Senate - 2024 CS for SB 1040
By the Committee on Regulated Industries; and Senator Bradley
580-02913-24 20241040c1
1 A bill to be entitled
2 An act relating to veterinary practices; amending s.
3 474.202, F.S.; defining the term “veterinary
4 telehealth”; creating s. 474.2021, F.S.; providing a
5 short title; authorizing licensed veterinarians to
6 practice veterinary telehealth in accordance with
7 specified criteria; specifying the powers of the Board
8 of Veterinary Medicine related to the practice of
9 telehealth; specifying the conditions under which a
10 veterinarian may practice veterinary telehealth;
11 specifying the drugs a veterinarian practicing
12 telehealth may not provide under specified
13 circumstances; providing specific authorizations for
14 cases where a patient is a food-producing species;
15 amending s. 474.2165, F.S.; conforming a provision to
16 changes made by the act; amending s. 828.30, F.S.;
17 authorizing certain persons to administer rabies
18 vaccinations to certain animals under indirect
19 supervision of a veterinarian; providing that a
20 supervising veterinarian assumes responsibility for
21 specified people who provide vaccinations; defining
22 the term “indirect supervision”; amending ss. 474.203,
23 767.16, and 828.29, F.S.; conforming provisions to
24 changes made by the act; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (14) is added to section 474.202,
29 Florida Statutes, to read:
30 474.202 Definitions.—As used in this chapter:
31 (14) “Veterinary telehealth” means the use of synchronous
32 or asynchronous telecommunications technology by a telehealth
33 provider to provide health care services, including, but not
34 limited to, assessment, diagnosis, consultation, treatment, and
35 monitoring of a patient; transfer of medical data; patient and
36 professional health-related education; public health services;
37 and health administration. The term does not include e-mail
38 messages or facsimile transmissions.
39 Section 2. Section 474.2021, Florida Statutes, is created
40 to read:
41 474.2021 Veterinary telehealth.—
42 (1) This section may be cited as the “Providing Equity in
43 Telehealth Services Act.”
44 (2) A veterinarian who holds a current license to practice
45 veterinary medicine in this state may practice veterinary
46 telehealth.
47 (3) The board has jurisdiction over a veterinarian
48 practicing veterinary telehealth, regardless of where the
49 veterinarian’s physical office is located. The practice of
50 veterinary medicine is deemed to occur at the premises where the
51 patient is located at the time the veterinarian practices
52 veterinary telehealth.
53 (4) A veterinarian practicing veterinary telehealth:
54 (a) May not engage in the practice of veterinary telehealth
55 unless it is within the context of a veterinarian/client/patient
56 relationship;
57 (b) Must practice in a manner consistent with his or her
58 scope of practice and the prevailing professional standard of
59 practice for a veterinarian who provides in-person veterinary
60 services to patients in this state;
61 (c) May use veterinary telehealth to perform a patient
62 evaluation if the evaluation is conducted using synchronous,
63 audiovisual communication. If a veterinarian practicing
64 telehealth conducts a patient evaluation sufficient to diagnose
65 and treat the patient, the veterinarian is not required to
66 research a patient’s medical history or conduct a physical
67 examination of the patient before using veterinary telehealth to
68 provide a veterinary health care service to the patient;
69 (d) Shall provide the client with a statement containing
70 the veterinarian’s name, license number, and contact information
71 and the contact information for at least one physical veterinary
72 clinic in the vicinity of the pet’s location and instructions
73 for how to receive patient follow-up care or assistance if the
74 veterinarian and client are unable to communicate because of a
75 technological or equipment failure or if there is an adverse
76 reaction to treatment. The veterinarian shall obtain from the
77 client a signed and dated statement indicating the client has
78 received the required information;
79 (e) Shall prescribe all drugs and medications in accordance
80 with all federal and state laws and the following requirements:
81 1. A veterinarian practicing veterinary telehealth may
82 order, prescribe, or make available medicinal drugs or drugs
83 specifically approved for use in animals by the United States
84 Food and Drug Administration, the use of which conforms to the
85 approved labeling. Prescriptions based solely on a telehealth
86 evaluation may be issued for up to 1 month for parasite
87 treatment and prevention medications and up to 14 days for other
88 animal drugs.
89 2. A veterinarian practicing veterinary telehealth may not
90 order, prescribe, or make available medicinal drugs or drugs as
91 defined in s. 465.003 approved by the United States Food and
92 Drug Administration for human use, including compounded
93 antibacterial, antifungal, antiviral, or antiparasitic
94 medications, unless the veterinarian has conducted an in-person
95 physical examination of the animal or made medically appropriate
96 and timely visits to the premises where the animal is kept.
97 3. A veterinarian may not use veterinary telehealth to
98 prescribe a controlled substance as defined in chapter 893
99 unless the veterinarian has conducted an in-person physical
100 examination of the animal or made medically appropriate and
101 timely visits to the premises where the animal is kept.
102 4. A veterinarian practicing veterinary telehealth may not
103 prescribe a drug or other medication for use on a horse engaged
104 in racing or training at a facility under the jurisdiction of
105 the Florida Gaming Control Commission or on a horse that is a
106 covered horse as defined in the federal Horseracing Integrity
107 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
108 (f) Shall be familiar with available veterinary resources,
109 including emergency resources, near the patient’s location and
110 be able to provide the client with a list of nearby
111 veterinarians who may be able to see the patient in person upon
112 the request of the client;
113 (g) Shall keep, maintain, and make available a summary of
114 the patient record as provided in s. 474.2165; and
115 (h) May not use veterinary telehealth to issue an
116 international or interstate travel certificate or a certificate
117 of veterinary inspection.
118 (5) A veterinarian personally acquainted with the caring
119 and keeping of an animal or group of animals on food-producing
120 animal operations on land classified as agricultural pursuant to
121 s. 193.461 who has recently seen the animal or group of animals
122 or has made medically appropriate and timely visits to the
123 premises where the animal or group of animals is kept may
124 practice veterinary telehealth for animals on such operations.
125 Section 3. Subsection (1) of section 474.2165, Florida
126 Statutes, is amended to read:
127 474.2165 Ownership and control of veterinary medical
128 patient records; report or copies of records to be furnished.—
129 (1) As used in this section, the term “records owner” means
130 any veterinarian who generates a medical record after making an
131 a physical examination of, or administering treatment or
132 dispensing legend drugs to, any patient; any veterinarian to
133 whom records are transferred by a previous records owner; or any
134 veterinarian’s employer, provided the employment contract or
135 agreement between the employer and the veterinarian designates
136 the employer as the records owner.
137 Section 4. Subsections (1) and (3) of section 828.30,
138 Florida Statutes, are amended to read:
139 828.30 Rabies vaccination of dogs, cats, and ferrets.—
140 (1)(a) All dogs, cats, and ferrets 4 months of age or older
141 must be vaccinated by a licensed veterinarian or a person
142 authorized under paragraph (b) against rabies with a vaccine
143 that is licensed by the United States Department of Agriculture
144 for use in those species.
145 (b) Acting under the indirect supervision of a
146 veterinarian, an employee, an agent, or a contractor of a county
147 or municipal animal control authority or sheriff may vaccinate
148 against rabies dogs, cats, and ferrets in the custody of an
149 animal control authority or a sheriff that will be transferred,
150 rescued, fostered, adopted, or reclaimed by the owner. The
151 supervising veterinarian assumes responsibility for any person
152 vaccinating animals at his or her direction or under his or her
153 direct or indirect supervision. As used in this paragraph, the
154 term “indirect supervision” means that the supervising
155 veterinarian is required to be available for consultation
156 through telecommunications but is not required to be physically
157 present during such consultation.
158 (c) The owner of every dog, cat, and ferret shall have the
159 animal revaccinated 12 months after the initial vaccination.
160 Thereafter, the interval between vaccinations shall conform to
161 the vaccine manufacturer’s directions. The cost of vaccination
162 must be borne by the animal’s owner. Evidence of circulating
163 rabies virus neutralizing antibodies may shall not be used as a
164 substitute for current vaccination in managing rabies exposure
165 or determining the need for booster vaccinations.
166 (3) Upon vaccination against rabies, the licensed
167 veterinarian shall provide the animal’s owner and the animal
168 control authority with a rabies vaccination certificate. Each
169 animal control authority and veterinarian shall use the “Rabies
170 Vaccination Certificate” of the National Association of State
171 Public Health Veterinarians (NASPHV) or an equivalent form
172 approved by the local government that contains all the
173 information required by the NASPHV Rabies Vaccination
174 Certificate. The veterinarian who administers the rabies
175 vaccination or who supervises the administration of the rabies
176 vaccination as provided in paragraph (1)(b) vaccine to an animal
177 as authorized required under this section may affix his or her
178 signature stamp in lieu of an actual signature.
179 Section 5. Paragraph (a) of subsection (5) of section
180 474.203, Florida Statutes, is amended to read:
181 474.203 Exemptions.—This chapter does not apply to:
182 (5)(a) Any person, or the person’s regular employee,
183 administering to the ills or injuries of her or his own animals,
184 including, but not limited to, castration, spaying, and
185 dehorning of herd animals, unless title is transferred or
186 employment provided for the purpose of circumventing this law.
187 This exemption does not apply to any person licensed as a
188 veterinarian in another state or foreign jurisdiction and
189 practicing temporarily in this state. However, except as
190 provided in s. 828.30, only a veterinarian may immunize or treat
191 an animal for diseases that are communicable to humans and that
192 are of public health significance.
193
194 For the purposes of chapters 465 and 893, persons exempt
195 pursuant to subsection (1), subsection (2), or subsection (4)
196 are deemed to be duly licensed practitioners authorized by the
197 laws of this state to prescribe drugs or medicinal supplies.
198 Section 6. Subsection (2) of section 767.16, Florida
199 Statutes, is amended to read:
200 767.16 Police canine or service dog; exemption.—
201 (2) Any dog used as a service dog for blind, hearing
202 impaired, or disabled persons that bites another animal or a
203 human is exempt from any quarantine requirement following such
204 bite if the dog has a current rabies vaccination that was
205 administered as provided in s. 828.30 by a licensed
206 veterinarian.
207 Section 7. Paragraph (b) of subsection (1) and paragraph
208 (b) of subsection (2) of section 828.29, Florida Statutes, are
209 amended to read:
210 828.29 Dogs and cats transported or offered for sale;
211 health requirements; consumer guarantee.—
212 (1)
213 (b) For each dog offered for sale within the state, the
214 tests, vaccines, and anthelmintics required by this section must
215 be administered by or under the direction of a veterinarian,
216 licensed by the state and accredited by the United States
217 Department of Agriculture, who issues the official certificate
218 of veterinary inspection. The tests, vaccines, and anthelmintics
219 must be administered before the dog is offered for sale in the
220 state, unless the licensed, accredited veterinarian certifies on
221 the official certificate of veterinary inspection that to
222 inoculate or deworm the dog is not in the best medical interest
223 of the dog, in which case the vaccine or anthelmintic may not be
224 administered to that particular dog. Each dog must receive
225 vaccines and anthelmintics against the following diseases and
226 internal parasites:
227 1. Canine distemper.
228 2. Leptospirosis.
229 3. Bordetella (by intranasal inoculation or by an
230 alternative method of administration if deemed necessary by the
231 attending veterinarian and noted on the health certificate,
232 which must be administered in this state once before sale).
233 4. Parainfluenza.
234 5. Hepatitis.
235 6. Canine parvo.
236 7. Rabies, provided the dog is over 3 months of age and the
237 inoculation is administered as provided in s. 828.30 by a
238 licensed veterinarian.
239 8. Roundworms.
240 9. Hookworms.
241
242 If the dog is under 4 months of age, the tests, vaccines, and
243 anthelmintics required by this section must be administered no
244 more than 21 days before sale within the state. If the dog is 4
245 months of age or older, the tests, vaccines, and anthelmintics
246 required by this section must be administered at or after 3
247 months of age, but no more than 1 year before sale within the
248 state.
249 (2)
250 (b) For each cat offered for sale within the state, the
251 tests, vaccines, and anthelmintics required by this section must
252 be administered by or under the direction of a veterinarian,
253 licensed by the state and accredited by the United States
254 Department of Agriculture, who issues the official certificate
255 of veterinary inspection. The tests, vaccines, and anthelmintics
256 must be administered before the cat is offered for sale in the
257 state, unless the licensed, accredited veterinarian certifies on
258 the official certificate of veterinary inspection that to
259 inoculate or deworm the cat is not in the best medical interest
260 of the cat, in which case the vaccine or anthelmintic may not be
261 administered to that particular cat. Each cat must receive
262 vaccines and anthelmintics against the following diseases and
263 internal parasites:
264 1. Panleukopenia.
265 2. Feline viral rhinotracheitis.
266 3. Calici virus.
267 4. Rabies, if the cat is over 3 months of age and the
268 inoculation is administered as provided in s. 828.30 by a
269 licensed veterinarian.
270 5. Hookworms.
271 6. Roundworms.
272
273 If the cat is under 4 months of age, the tests, vaccines, and
274 anthelmintics required by this section must be administered no
275 more than 21 days before sale within the state. If the cat is 4
276 months of age or older, the tests, vaccines, and anthelmintics
277 required by this section must be administered at or after 3
278 months of age, but no more than 1 year before sale within the
279 state.
280 Section 8. This act shall take effect July 1, 2024.