THE BILL ITSELF
CS/HB 805
Veterinary Medicine
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A bill to be entitled
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An act relating to veterinary medicine; providing a
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short title; amending s. 474.201, F.S.; revising
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legislative findings, intent, and purpose; amending s.
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474.202, F.S.; defining the term "veterinary
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professional associate"; amending s. 474.2021, F.S.;
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increasing the amount of time for which prescriptions
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based solely on a veterinary telehealth evaluation may
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be issued for certain drugs; amending s. 474.203,
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F.S.; revising the applicability of certain
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exemptions; creating s. 474.2126, F.S.; providing
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requirements for veterinary professional associates to
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receive certificates of registration from the
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Department of Business and Professional Regulation;
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requiring the department to make a list of veterinary
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professional associate registrants publicly available
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on its website; authorizing the department to suspend
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the registration of a veterinary professional
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associate upon a certain determination by the Board of
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Veterinary Medicine; authorizing the department to
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rescind the registration of a veterinary professional
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associate under certain circumstances; prohibiting a
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person from holding himself or herself out as a
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veterinary professional associate under certain
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circumstances; authorizing a registered veterinary
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professional associate to engage in the practice of
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veterinary medicine under certain circumstances;
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prohibiting a registered veterinary professional
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associate from taking certain actions; providing
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exceptions; amending s. 828.30, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Veterinary
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Workforce Innovation Act."
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Section 2. Section 474.201, Florida Statutes, is amended
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to read:
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474.201 Legislative findings, intent, and purpose.—
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(1) The Legislature finds that the practice of veterinary
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medicine is potentially dangerous to the public health and
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safety if conducted by incompetent and unlicensed practitioners.
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The legislative purpose in enacting this chapter is to ensure
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that every veterinarian practicing in this state meet minimum
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requirements for safe practice. It is the legislative intent
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that veterinarians who are not normally competent or who
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otherwise present a danger to the public shall be disciplined or
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prohibited from practicing in this state.
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(2) The Legislature finds that the practice of educated,
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trained, and experienced veterinary professional associates will
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increase consumer access to high-quality veterinary medical
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services at a reasonable cost to consumers, while also
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increasing the efficiency of the practice of veterinary medicine
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in this state.
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Section 3. Present subsection (14) of section 474.202,
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Florida Statutes, is redesignated as subsection (15), and a new
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subsection (14) is added to that section, to read:
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474.202 Definitions.—As used in this chapter:
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(14) "Veterinary professional associate" means an
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individual who has graduated with a master's degree or the
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equivalent in veterinary clinical care from an accredited
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institution and who meets the requirements to be registered by
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the department. Section 4. Subsection (4) of section 474.2021, Florida
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Statutes, is amended to read:
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474.2021 Veterinary telehealth.—
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(4) A veterinarian practicing veterinary telehealth:
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(a) May not engage in the practice of veterinary
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telehealth unless it is within the context of a
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veterinarian/client/patient relationship;
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(b) Shall practice in a manner consistent with his or her
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scope of practice and the prevailing professional standard of
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practice for a veterinarian who provides in-person veterinary
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services to patients in this state and shall employ sound,
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professional judgment to determine whether using veterinary
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telehealth is an appropriate method for delivering medical
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advice or treatment to the patient;
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(c) May use veterinary telehealth to perform an initial
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patient evaluation to establish the veterinarian/client/patient
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relationship if the evaluation is conducted using synchronous,
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audiovisual communication. The evaluation may not be performed
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using audio-only communications, text messaging, questionnaires,
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chatbots, or other similar means. If a veterinarian practicing
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telehealth conducts a patient evaluation sufficient to diagnose
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and treat the patient, the veterinarian is not required to
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research a patient's medical history or conduct a physical
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examination of the patient before using veterinary telehealth to
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provide a veterinary health care service to the patient;
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(d) If the initial patient evaluation is performed using
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veterinary telehealth, must provide the client with a statement
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containing the veterinarian's name, license number, and contact
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information and the contact information for at least one
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physical veterinary clinic in the vicinity of the patient's
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location and instructions for how to receive patient follow-up
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care or assistance if the veterinarian and client are unable to
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communicate because of a technological or equipment failure or
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if there is an adverse reaction to treatment, and inform the
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client that, if medication is prescribed, the client may obtain
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a prescription that may be filled at the pharmacy of his or her
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choice. The veterinarian shall obtain from the client a signed
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and dated statement indicating the client has received the
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required information before practicing veterinary telehealth;
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(e) Shall prescribe all drugs and medications in
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accordance with all federal and state laws and the following
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requirements:
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1. A veterinarian practicing veterinary telehealth may
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order, prescribe, or make available medicinal drugs or drugs
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specifically approved for use in animals by the United States
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Food and Drug Administration, the use of which conforms to the
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approved labeling. Prescriptions based solely on a telehealth
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evaluation may be issued for up to 6 months 1 month for products
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labeled solely for flea and tick control and up to 30 14 days of
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treatment for other animal drugs. Prescriptions based solely on
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a telehealth evaluation may not be renewed without an in-person
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examination.
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2. A veterinarian practicing veterinary telehealth may not
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order, prescribe, or make available medicinal drugs or drugs as
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defined in s. 465.003 approved by the United States Food and
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Drug Administration for human use or compounded antibacterial,
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antifungal, antiviral, or antiparasitic medications, unless the
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veterinarian has conducted an in-person physical examination of
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the animal or made medically appropriate and timely visits to
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the premises where the animal is kept.
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3. A veterinarian may not use veterinary telehealth to
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prescribe a controlled substance as defined in chapter 893
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unless the veterinarian has conducted an in-person physical
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examination of the animal or made medically appropriate and
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timely visits within the past year to the premises where the
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animal is kept.
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4. A veterinarian practicing veterinary telehealth may not
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prescribe a drug or other medication for use on a horse engaged
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in racing or training at a facility under the jurisdiction of
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the Florida Gaming Control Commission or on a horse that is a
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covered horse as defined in the federal Horseracing Integrity
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and Safety Act, 15 U.S.C. ss. 3051 et seq.;
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(f) Shall be familiar with available veterinary resources,
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including emergency resources, near the patient's location and
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be able to provide the client with a list of nearby
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veterinarians who may be able to see the patient in person upon
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the request of the client;
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(g) Shall keep, maintain, and make available a summary of
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the patient record as provided in s. 474.2165; and
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(h) May not use veterinary telehealth to issue an
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international or interstate travel certificate or a certificate
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of veterinary inspection.
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Section 5. Paragraph (a) of subsection (5) and subsection
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(7) of section 474.203, Florida Statutes, are amended to read:
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474.203 Exemptions.—This chapter does not apply to:
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(5)(a) Any person, or the person's regular employee,
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administering to the ills or injuries of her or his own animals,
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including, but not limited to, castration, spaying, and
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dehorning of herd animals, unless title is transferred or
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employment provided for the purpose of circumventing this law.
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This exemption does not apply to any person licensed as a
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veterinarian in another state or foreign jurisdiction and
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practicing temporarily in this state. However, except as
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provided in s. 474.2126 or s. 828.30, only a veterinarian may
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immunize or treat an animal for diseases that are communicable
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to humans and that are of public health significance.
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(7) Any veterinary aide, nurse, laboratory technician,
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preceptor, person registered pursuant to s. 474.2126, or other
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employee of a licensed veterinarian who administers medication
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or who renders auxiliary or supporting assistance under the
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responsible supervision of a licensed veterinarian, including
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those tasks identified by rule of the board requiring immediate
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supervision, provided that a registered veterinary professional
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associate is subject to s. 474.2126. However, the licensed
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veterinarian is responsible for all such acts performed under
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this subsection by persons under her or his supervision.
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For the purposes of chapters 465 and 893, persons exempt
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pursuant to subsection (1), subsection (2), or subsection (4)
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are deemed to be duly licensed practitioners authorized by the
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laws of this state to prescribe drugs or medicinal supplies.
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Section 6. Section 474.2126, Florida Statutes, is created
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to read:
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474.2126 Veterinary professional associates;
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registration.—
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(1) REGISTRATION.—
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(a) A veterinary professional associate may apply to the
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department for registration by submitting a form prescribed by
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the board. The department shall consider for registration each
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qualified veterinary professional associate who the department
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verifies has submitted a completed application and meets the
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applicable requirements of this subsection.
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(b) The department shall issue a certificate of
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registration to each veterinary professional associate applicant
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who the department verifies has graduated from the relevant
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accredited program and received a passing score on the relevant
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professional national competency examination approved by the
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board.
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(c) The department shall make a list of registrants
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available to the public on the department's website.
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(d) The department may suspend the registration of any
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veterinary professional associate who the board determines has
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caused serious harm to an animal due to negligence,
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incompetence, or misconduct related to duties performed under
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this section and in a manner inconsistent with the supervising
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veterinarian's specific direction, until such time as the
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registrant has completed remedial training or education directed
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by the board.
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(e) The department may rescind the registration of any
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veterinary professional associate who is convicted of animal
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cruelty under s. 828.12 or animal fighting under s. 828.122.
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(2) PROHIBITION.—An individual may not hold himself or
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herself out as a registered veterinary professional associate or
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in any other way represent himself or herself as a veterinary
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professional associate unless he or she has a valid certificate
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of registration from the department.
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(3) DUTIES AND ACTIONS OF A REGISTERED VETERINARY
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PROFESSIONAL ASSOCIATE.—
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(a) Unless otherwise prohibited by federal law, a
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registered veterinary professional associate may engage in the
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practice of veterinary medicine as defined in s. 474.202 or
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veterinary medicine as defined in s. 474.202, to the extent that
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he or she is competent and has the necessary training, current
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knowledge, and experience to provide such care, as delegated
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under the responsible supervision, as defined in s. 474.202, of
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a licensed veterinarian.
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(b) A registered veterinary professional associate may not
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do any of the following:
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1. Prescribe a controlled substance listed in s. 893.03,
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except that a registered veterinary professional associate may
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perform humane euthanasia and prepare, log, and administer
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controlled substances for the purpose of analgesia, anesthesia,
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or humane euthanasia, as delegated by a licensed veterinarian
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and performed under responsible supervision.
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2. Perform a surgical procedure, except that a veterinary
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professional associate may perform the following surgical
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procedures:
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a. Orchiectomy;
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b. Veterinary dental surgery; or
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c. Veterinary suturing or stapling of skin lacerations,
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gingival incisions, or existing surgical incisions.
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Section 7. Paragraph (a) of subsection (1) and subsection
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(3) of section 828.30, Florida Statutes, are amended to read:
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828.30 Rabies vaccination of dogs, cats, and ferrets.—
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(1)(a) All dogs, cats, and ferrets 4 months of age or
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older must be vaccinated by a licensed veterinarian or a person
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authorized under paragraph (b) or s. 474.2126 against rabies
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with a vaccine that is licensed by the United States Department
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of Agriculture for use in those species.
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(3) Upon vaccination against rabies, the licensed
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veterinarian shall provide the animal's owner and the animal
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control authority with a rabies vaccination certificate. Each
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animal control authority and veterinarian shall use the "Rabies
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Vaccination Certificate" of the National Association of State
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Public Health Veterinarians (NASPHV) or an equivalent form
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approved by the local government that contains all the
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information required by the NASPHV Rabies Vaccination
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Certificate. The veterinarian who administers the rabies
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vaccination or who supervises the administration of the rabies
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vaccination as provided in paragraph (1)(b) or s. 474.2126 to an
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animal as authorized under this section may affix his or her
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signature stamp in lieu of an actual signature.
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Section 8. This act shall take effect January 1, 2027.