Bill Text: FL S1040 | 2024 | Regular Session | Comm Sub

---

Bill Title: Veterinary Practices

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2024-03-04 - Laid on Table, refer to HB 849 [S1040 Detail]

Download: Florida-2024-S1040-Comm_Sub.html

---

       Florida Senate - 2024               CS for CS for CS for SB 1040
       
       
        
       By the Committees on Rules; Fiscal Policy; and Regulated
       Industries; and Senator Bradley
       
       
       
       
       595-03791-24                                          20241040c3
    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; providing that the practice of veterinary
   10         medicine is deemed to occur under specified
   11         circumstances; specifying the conditions under which a
   12         veterinarian may practice veterinary telehealth;
   13         specifying the drugs that a veterinarian practicing
   14         telehealth may not provide unless specified conditions
   15         are met; providing specific authorizations for cases
   16         in which the patient is a food-producing species;
   17         amending s. 474.2165, F.S.; conforming a provision to
   18         changes made by the act; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (14) is added to section 474.202,
   23  Florida Statutes, to read:
   24         474.202 Definitions.—As used in this chapter:
   25         (14) “Veterinary telehealth” means the use of synchronous
   26  or asynchronous telecommunications technology by a telehealth
   27  provider to provide health care services, including, but not
   28  limited to, assessment, diagnosis, consultation, treatment, and
   29  monitoring of a patient; transfer of medical data; patient and
   30  professional health-related education; public health services;
   31  and health administration.
   32         Section 2. Section 474.2021, Florida Statutes, is created
   33  to read:
   34         474.2021 Veterinary telehealth.—
   35         (1) This section may be cited as the “Providing Equity in
   36  Telehealth Services Act.”
   37         (2) A veterinarian who holds a current license to practice
   38  veterinary medicine in this state may practice veterinary
   39  telehealth.
   40         (3) The board has jurisdiction over a veterinarian
   41  practicing veterinary telehealth, regardless of where the
   42  veterinarian’s physical office is located. The practice of
   43  veterinary medicine is deemed to occur when the veterinarian,
   44  the patient, or both are located within this state at the time
   45  the veterinarian practices veterinary telehealth.
   46         (4) A veterinarian practicing veterinary telehealth:
   47         (a) May not engage in the practice of veterinary telehealth
   48  unless it is within the context of a veterinarian/client/patient
   49  relationship;
   50         (b) Shall practice in a manner consistent with his or her
   51  scope of practice and the prevailing professional standard of
   52  practice for a veterinarian who provides in-person veterinary
   53  services to patients in this state and shall employ sound,
   54  professional judgment to determine whether using veterinary
   55  telehealth is an appropriate method for delivering medical
   56  advice or treatment to the patient;
   57         (c) May use veterinary telehealth to perform an initial
   58  patient evaluation to establish the veterinarian/client/patient
   59  relationship if the evaluation is conducted using synchronous,
   60  audiovisual communication. The evaluation may not be performed
   61  using audio only communications, text messaging, questionnaires,
   62  chatbots, or other similar means. If a veterinarian practicing
   63  telehealth conducts a patient evaluation sufficient to diagnose
   64  and treat the patient, the veterinarian is not required to
   65  research a patient’s medical history or conduct a physical
   66  examination of the patient before using veterinary telehealth to
   67  provide a veterinary health care service to the patient;
   68         (d) If the initial patient evaluation is performed using
   69  veterinary telehealth, must provide the client with a statement
   70  containing the veterinarian’s name, license number, and contact
   71  information and the contact information for at least one
   72  physical veterinary clinic in the vicinity of the patient’s
   73  location and instructions for how to receive patient follow-up
   74  care or assistance if the veterinarian and client are unable to
   75  communicate because of a technological or equipment failure or
   76  if there is an adverse reaction to treatment, and inform the
   77  client that, if medication is prescribed, the client may obtain
   78  a prescription that may be filled at the pharmacy of his or her
   79  choice. The veterinarian shall obtain from the client a signed
   80  and dated statement indicating the client has received the
   81  required information before practicing veterinary telehealth;
   82         (e) Shall prescribe all drugs and medications in accordance
   83  with all federal and state laws and the following requirements:
   84         1. A veterinarian practicing veterinary telehealth may
   85  order, prescribe, or make available medicinal drugs or drugs
   86  specifically approved for use in animals by the United States
   87  Food and Drug Administration, the use of which conforms to the
   88  approved labeling. Prescriptions based solely on a telehealth
   89  evaluation may be issued for up to 1 month for products labeled
   90  solely for flea and tick control and up to 14 days of treatment
   91  for other animal drugs. Prescriptions based solely on a
   92  telehealth evaluation may not be renewed without an in-person
   93  examination.
   94         2. A veterinarian practicing veterinary telehealth may not
   95  order, prescribe, or make available medicinal drugs or drugs as
   96  defined in s. 465.003 approved by the United States Food and
   97  Drug Administration for human use or compounded antibacterial,
   98  antifungal, antiviral, or antiparasitic medications, unless the
   99  veterinarian has conducted an in-person physical examination of
  100  the animal or made medically appropriate and timely visits to
  101  the premises where the animal is kept.
  102         3. A veterinarian may not use veterinary telehealth to
  103  prescribe a controlled substance as defined in chapter 893
  104  unless the veterinarian has conducted an in-person physical
  105  examination of the animal or made medically appropriate and
  106  timely visits within the past year to the premises where the
  107  animal is kept.
  108         4. A veterinarian practicing veterinary telehealth may not
  109  prescribe a drug or other medication for use on a horse engaged
  110  in racing or training at a facility under the jurisdiction of
  111  the Florida Gaming Control Commission or on a horse that is a
  112  covered horse as defined in the federal Horseracing Integrity
  113  and Safety Act, 15 U.S.C. ss. 3051 et seq.;
  114         (f) Shall be familiar with available veterinary resources,
  115  including emergency resources, near the patient’s location and
  116  be able to provide the client with a list of nearby
  117  veterinarians who may be able to see the patient in person upon
  118  the request of the client;
  119         (g) Shall keep, maintain, and make available a summary of
  120  the patient record as provided in s. 474.2165; and
  121         (h) May not use veterinary telehealth to issue an
  122  international or interstate travel certificate or a certificate
  123  of veterinary inspection.
  124         (5) A veterinarian personally acquainted with the caring
  125  and keeping of an animal or group of animals on food-producing
  126  animal operations on land classified as agricultural pursuant to
  127  s. 193.461 who has recently seen the animal or group of animals
  128  or has made medically appropriate and timely visits to the
  129  premises where the animal or group of animals is kept may
  130  practice veterinary telehealth for animals on such operations.
  131         Section 3. Subsection (1) of section 474.2165, Florida
  132  Statutes, is amended to read:
  133         474.2165 Ownership and control of veterinary medical
  134  patient records; report or copies of records to be furnished.—
  135         (1) As used in this section, the term “records owner” means
  136  any veterinarian who generates a medical record after making an
  137  a physical examination of, or administering treatment or
  138  dispensing legend drugs to, any patient; any veterinarian to
  139  whom records are transferred by a previous records owner; or any
  140  veterinarian’s employer, provided the employment contract or
  141  agreement between the employer and the veterinarian designates
  142  the employer as the records owner.
  143         Section 4. This act shall take effect July 1, 2024.