Senate Bill 1370 (2021) — Medical treatment of animals
SB 1370
Florida Bills
Florida Senate - 2021 SB 1370 By Senator Rodriguez 39-00805A-21 20211370__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the medical treatment of animals; 2 amending s. 474.202, F.S.; revising the definition of 3 the term “veterinarian/client/patient relationship”; 4 amending s. 474.203, F.S.; revising exceptions to who 5 may immunize or treat an animal for certain diseases; 6 amending s. 474.214, F.S.; revising grounds for 7 disciplinary action against a veterinarian; amending 8 s. 828.30, F.S.; authorizing employees, agents, or 9 contractors of animal control authorities to 10 administer rabies vaccinations under certain 11 circumstances; providing that a supervising 12 veterinarian assumes responsibility for any person 13 working at his or her discretion or under his or her 14 supervision; defining the term “indirect supervision”; 15 providing requirements; authorizing a veterinarian who 16 indirectly supervises the administration of the rabies 17 vaccination to affix his or her signature stamp on a 18 rabies vaccination certificate; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23
Section 1. Subsection (12) of
section 474.202, Florida 24 Statutes, is amended to read: 25 474.202
Definitions.—As used in this chapter: 26 (12) “Veterinarian/client/patient relationship” means a 27 relationship where the veterinarian has assumed the 28 responsibility for making medical judgments regarding the health 29
Florida Senate - 2021 SB 1370 39-00805A-21 20211370__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. of the animal and its need for medical treatment. Such 30 relationship may be established in person, by telephone, or by 31 other means consistent with the individual veterinarian’s 32 professional judgment. A physical examination is not required 33 for the veterinarian to assume responsibility for making medical 34 judgments or providing treatment. 35
Section 2. Paragraph (
a) of subsection (5) of
section 36 474.203, Florida Statutes, is amended to read: 37 474.203 Exemptions.—This
chapter does not apply to: 38 (5)(
a) Any person, or the person’s regular employee, 39 administering to the ills or injuries of her or his own animals, 40 including, but not limited to, castration, spaying, and 41 dehorning of herd animals, unless title is transferred or 42 employment provided for the purpose of circumventing this law. 43 This exemption does not apply to any person licensed as a 44 veterinarian in another state or foreign jurisdiction and 45 practicing temporarily in this state.
However, except as 46 provided in s. 828.30, only a veterinarian may immunize or treat 47 an animal for diseases that are communicable to humans and that 48 are of public health significance. 49 50 For the purposes of chapters 465 and 893, persons exempt 51 pursuant to subsection (1), subsection (2), or subsection (4) 52 are deemed to be duly licensed practitioners authorized by the 53 laws of this state to prescribe drugs or medicinal supplies. 54
Section 3. Paragraph (
y) of subsection (1) of
section 55 474.214, Florida Statutes, is amended to read: 56 474.214 Disciplinary proceedings.— 57
(1) The following acts shall constitute grounds for which 58
Florida Senate - 2021 SB 1370 39-00805A-21 20211370__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. the disciplinary actions in subsection (2) may be taken: 59 (
y) Using the privilege of ordering, prescribing, or making 60 available medicinal drugs or drugs as defined in
chapter 465, or 61 controlled substances as defined in
chapter 893, for use other 62 than for the specific treatment of animal patients for which 63 there is a documented veterinarian/client/patient relationship. 64 Pursuant thereto, The veterinarian shall: 65 1. Have sufficient knowledge of the animal to initiate at 66 least a general or preliminary diagnosis of the medical 67 condition of the animal, which means that the veterinarian is 68 personally acquainted with the keeping and caring of the animal 69 and has recently seen the animal or has made medically 70 appropriate and timely visits to the premises where the animal 71 is kept. 72 2.
Be available or provide for followup care and treatment 73 in case of adverse reactions or failure of the regimen of 74 therapy. 75 3. Maintain records which document patient visits, 76 diagnosis, treatment, and other relevant information required 77 under this chapter. 78
Section 4. Subsections (1) and (3) of
section 828.30, 79 Florida Statutes, are amended to read: 80 828.30 Rabies vaccination of dogs, cats, and ferrets.— 81 (1)(
a) Except as provided in paragraph (b), all dogs, cats, 82 and ferrets 4 months of age or older must be vaccinated by a 83 licensed veterinarian against rabies with a vaccine that is 84 licensed by the United States Department of Agriculture for use 85 in those species. 86 (
b) An employee, agent, or contractor of an animal control 87
Florida Senate - 2021 SB 1370 39-00805A-21 20211370__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. authority acting under the indirect supervision of a 88 veterinarian may vaccinate impounded animals that will be 89 transferred, rescued, fostered, adopted, or reclaimed by the 90 owner. As used in this subsection, the term “indirect 91 supervision,” means that the supervising veterinarian is 92 available for consultation by telecommunications but is not 93 required to be on the premises during such consultation.
The 94 supervising veterinarian assumes responsibility for the 95 veterinary care given to the animal by any person working under 96 or at his or her direction and supervision. 97 (
c) The owner of every dog, cat, and ferret shall have the 98 animal revaccinated 12 months after the initial vaccination. 99 Thereafter, the interval between vaccinations shall conform to 100 the vaccine manufacturer’s directions. The cost of vaccination 101 must be borne by the animal’s owner. Evidence of circulating 102 rabies virus neutralizing antibodies may shall not be used as a 103 substitute for current vaccination in managing rabies exposure 104 or determining the need for booster vaccinations. 105
(3) Upon vaccination against rabies, the licensed 106 veterinarian shall provide the animal’s owner and the animal 107 control authority with a rabies vaccination certificate. Each 108 animal control authority and veterinarian shall use the “Rabies 109 Vaccination Certificate” of the National Association of State 110 Public Health Veterinarians (NASPHV) or an equivalent form 111 approved by the local government that contains all the 112 information required by the NASPHV Rabies Vaccination 113 Certificate. The veterinarian who administers the rabies 114 vaccination, or who supervises an employee, agent, or contractor 115 of an animal control authority administering the rabies 116
Florida Senate - 2021 SB 1370 39-00805A-21 20211370__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. vaccination, vaccine to an animal as required under this