Bill Text: FL S1100 | 2024 | Regular Session | Introduced
Bill Title: Practice of Veterinary Medicine
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Regulated Industries [S1100 Detail]
Download: Florida-2024-S1100-Introduced.html
Florida Senate - 2024 SB 1100
By Senator DiCeglie
18-00677-24 20241100__
1 A bill to be entitled
2 An act relating to the practice of veterinary
3 medicine; amending s. 474.201, F.S.; revising
4 legislative findings regarding the practice of
5 veterinary medicine; amending s. 474.202, F.S.;
6 defining terms; amending s. 474.203, F.S.; providing
7 that specified exemptions apply to licensed and
8 unlicensed veterinary technicians; amending s.
9 474.204, F.S.; revising the membership of the Board of
10 Veterinary Medicine; creating s. 474.2071, F.S.;
11 providing requirements for the licensure of veterinary
12 technicians; providing an exception; amending s.
13 474.211, F.S.; providing continuing education
14 requirements for the renewal of licensed veterinary
15 technicians’ licenses; amending s. 474.213, F.S.;
16 prohibiting certain persons from taking specified
17 actions relating to the licensure of and the use of
18 the titles of licensed veterinary technicians;
19 providing criminal penalties; amending s. 474.214,
20 F.S.; providing grounds for disciplinary actions
21 against applicants for licensure and licensed
22 veterinary technicians; authorizing the board to take
23 specified actions against certain persons; providing
24 for the reissuance of a license to a veterinary
25 technician under certain circumstances; creating s.
26 474.223, F.S.; providing scope of practice relating to
27 licensed veterinary technicians; authorizing
28 veterinary technicians to provide specified services;
29 authorizing supervising veterinarians to delegate
30 specified responsibilities to licensed veterinary
31 technicians; prohibiting veterinary assistants from
32 taking specified actions or identifying themselves as
33 specified persons; amending s. 828.30, F.S.;
34 conforming provisions to changes made by the act;
35 providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 474.201, Florida Statutes, is amended to
40 read:
41 474.201 Purpose.—The Legislature finds that the practice of
42 veterinary medicine is potentially dangerous to the public
43 health and safety if conducted by incompetent and unlicensed
44 veterinarians and veterinary technicians practitioners. The
45 legislative purpose in enacting this chapter is to ensure that
46 every veterinarian and licensed veterinary technician practicing
47 in this state meet minimum requirements for safe practice. It is
48 the legislative intent that veterinarians and licensed
49 veterinary technicians who are not normally competent or who
50 otherwise present a danger to the public shall be disciplined or
51 prohibited from practicing in this state.
52 Section 2. Present subsections (6) through (12) and (13) of
53 section 474.202, Florida Statutes, are redesignated as
54 subsections (7) through (13) and (15), respectively, and a new
55 subsection (6) and subsections (14), (16), (17), and (18) are
56 added to that section, to read:
57 474.202 Definitions.—As used in this chapter:
58 (6) “Licensed veterinary technician” means a veterinary
59 technician or veterinary technologist who practices veterinary
60 technology in the state and is licensed under the authority of
61 this chapter.
62 (14) “Veterinary assistant” means a person who practices on
63 a veterinary team providing medical care for animals. The term
64 does not include a licensed veterinary technician.
65 (16) “Veterinary technician” means a person who has
66 graduated with an associate degree from a veterinary technology
67 training program accredited by the American Veterinary Medical
68 Association Committee on Veterinary Technician Education and
69 Activities (CVTEA).
70 (17) “Veterinary technologist” means a person who has
71 graduated with a bachelor’s degree from a veterinary technology
72 training program accredited by the CVTEA.
73 (18) “Veterinary technology” means the science and art of
74 providing certain aspects of the medical care and treatment of a
75 veterinary patient by a person who is a veterinary technician or
76 veterinary technologist, as delegated and supervised by a
77 licensed veterinarian with an established
78 veterinarian/client/patient relationship. The term does not
79 include the diagnosis, prognosis, prescription of medications,
80 surgery, or the development of treatment plans, which are within
81 the purview of the veterinarian.
82 Section 3. Subsection (3), paragraph (a) of subsection (5),
83 and subsection (7) of section 474.203, Florida Statutes, are
84 amended to read:
85 474.203 Exemptions.—This chapter does not apply to:
86 (3) A student in a school or college of veterinary medicine
87 or a program for veterinary technology while in the performance
88 of duties assigned by her or his instructor or when working as a
89 preceptor under the immediate supervision of a licensee, if such
90 preceptorship is required for graduation from an accredited
91 school or college of veterinary medicine or a program for
92 veterinary technology. The licensed veterinarian is responsible
93 for all acts performed by a preceptor under her or his
94 supervision.
95 (5)(a) Any person, or the person’s regular employee,
96 administering to the ills or injuries of her or his own animals,
97 including, but not limited to, castration, spaying, and
98 dehorning of herd animals, unless title is transferred or
99 employment provided for the purpose of circumventing this law.
100 This exemption does not apply to any person licensed as a
101 veterinarian or veterinary technician in another state or
102 foreign jurisdiction and practicing temporarily in this state.
103 However, only a veterinarian or a licensed veterinary
104 technician, as authorized in s. 474.223(1)(m), may immunize or
105 treat an animal for diseases that are communicable to humans and
106 that are of public health significance.
107 (7) Any veterinary aide, nurse, unlicensed veterinary
108 technician, laboratory technician, preceptor, or other employee
109 of a licensed veterinarian who administers medication or who
110 renders auxiliary or supporting assistance under the responsible
111 supervision of a licensed veterinarian, including those tasks
112 identified by rule of the board requiring immediate supervision.
113 However, the licensed veterinarian is responsible for all such
114 acts performed under this subsection by persons under her or his
115 supervision.
116
117 For the purposes of chapters 465 and 893, persons exempt
118 pursuant to subsection (1), subsection (2), or subsection (4)
119 are deemed to be duly licensed practitioners authorized by the
120 laws of this state to prescribe drugs or medicinal supplies.
121 Section 4. Section 474.204, Florida Statutes, is amended to
122 read:
123 474.204 Board of Veterinary Medicine.—
124 (1) To carry out the provisions of this chapter, there is
125 created within the department the Board of Veterinary Medicine
126 consisting of the following seven members, who shall be
127 appointed by the Governor, subject to confirmation by the
128 Senate:.
129 (a)(2) Five members who are of the board shall be licensed
130 veterinarians.
131 (b) Two members who are licensed veterinary technicians who
132 have been actively engaged in the practice of veterinary
133 technology for at least 5 years immediately preceding the date
134 of their appointment to the board.
135 (c) Two members who are of the board shall be laypersons
136 who are not and have never been veterinarians or members of any
137 closely related profession or occupation.
138 (2)(3) All provisions of chapter 455 relating to activities
139 of regulatory boards shall apply.
140 Section 5. Section 474.2071, Florida Statutes, is created
141 to read:
142 474.2071 Veterinary technician licensure by examination.—
143 (1) A person desiring to become licensed as a veterinary
144 technician shall apply to the board and must have met all of the
145 following criteria:
146 (a) Completed the application form.
147 (b) Graduated from a college program of veterinary
148 technology accredited by the American Veterinary Medical
149 Association Committee on Veterinary Technician Education and
150 Activities.
151 (c) Earned a passing score on the Veterinary Technician
152 National Exam as determined by the American Association of
153 Veterinary State Boards.
154 (d) Demonstrated knowledge of the laws and rules governing
155 the practice of veterinary medicine in the state in a manner
156 consistent with rules of the board.
157 (2) A credentialed veterinary technician who is in good
158 standing with the Florida Veterinary Technician Association or
159 the Florida Veterinary Medical Association on July 1, 2024, is
160 eligible to apply for licensure upon meeting all of the
161 following criteria:
162 (a) Completed the application form.
163 (b) Demonstrated knowledge of the laws and rules governing
164 the practice of veterinary medicine in the state in a manner
165 consistent with rules of the board.
166 Section 6. Subsection (3) of section 474.211, Florida
167 Statutes, is amended to read:
168 474.211 Renewal of license.—
169 (3) The board may by rule prescribe continuing education,
170 not to exceed 30 hours biennially for veterinarians and 15 hours
171 biennially for licensed veterinary technicians, as a condition
172 for renewal of a license or certificate. The criteria for such
173 programs, providers, and courses shall be approved by the board.
174 Section 7. Section 474.213, Florida Statutes, is amended to
175 read:
176 474.213 Prohibitions; penalties.—
177 (1) A No person may not shall:
178 (a) Lead the public to believe that such person is licensed
179 as a veterinarian, or is engaged in the licensed practice of
180 veterinary medicine, without such person holding a valid, active
181 license pursuant to this chapter;
182 (b) Use the name or title “veterinarian” when the person
183 has not been licensed under pursuant to this chapter;
184 (c) Present as her or his own the license of another;
185 (d) Give false or forged evidence to the board or a member
186 thereof for the purpose of obtaining a license;
187 (e) Use or attempt to use a veterinarian’s license which
188 has been suspended or revoked;
189 (f) Knowingly employ unlicensed persons in the practice of
190 veterinary medicine;
191 (g) Knowingly conceal information relative to violations of
192 this chapter;
193 (h) Obtain or attempt to obtain a license to practice
194 veterinary medicine by fraudulent representation;
195 (i) Practice veterinary medicine in this state, unless the
196 person holds a valid, active license to practice veterinary
197 medicine pursuant to this chapter;
198 (j) Sell or offer to sell a diploma conferring a degree
199 from a veterinary school or college, or a license issued
200 pursuant to this chapter, or procure such diploma or license
201 with the intent that it shall be used as evidence of that which
202 the document stands for by a person other than the one upon whom
203 it was conferred or to whom it was granted; or
204 (k) Knowingly operate a veterinary establishment or
205 premises without having a premise permit issued under s.
206 474.215.
207 (2) A person may not:
208 (a) Lead the public to believe that such person is licensed
209 as a veterinary technician or is engaged in the licensed
210 practice of veterinary technology without such person holding a
211 valid, active license under this chapter; or
212 (b) Use the name or title “licensed veterinary technician”
213 when the person has not been licensed under this chapter.
214 (3)(a)(2) A person who violates subsection (1) any
215 provision of this section commits a felony of the third degree,
216 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
217 (b) A person who violates subsection (2) commits a
218 misdemeanor of the first degree, punishable as provided in s.
219 775.082 or s. 775.083.
220 Section 8. Section 474.214, Florida Statutes, is amended to
221 read:
222 474.214 Disciplinary proceedings.—
223 (1) The following acts shall constitute grounds for which
224 the disciplinary actions in subsection (3) (2) may be taken:
225 (a) Attempting to procure a license to practice veterinary
226 medicine by bribery, by fraudulent representations, or through
227 an error of the department or the board.
228 (b) Having a license or the authority to practice
229 veterinary medicine revoked, suspended, or otherwise acted
230 against, including the denial of licensure, by the licensing
231 authority of any jurisdiction, including any agency or
232 subdivision thereof. The licensing authority’s acceptance of a
233 veterinarian’s relinquishment of a license, stipulation, consent
234 order, or other settlement, offered in response to or in
235 anticipation of the filing of administrative charges against the
236 veterinarian’s license or authority to practice, shall be
237 construed as action against the veterinarian’s license or
238 authority to practice.
239 (c) Being convicted or found guilty, regardless of
240 adjudication, of a crime in any jurisdiction which directly
241 relates to the practice of veterinary medicine or the ability to
242 practice veterinary medicine. Any crime which demonstrates a
243 lack of regard for animal life relates to the ability to
244 practice veterinary medicine. In addition, crimes relating to
245 the ability to practice veterinary medicine shall include, but
246 not be limited to, crimes involving any violation of state or
247 federal drug laws.
248 (d) Making or filing a report or record which the licensee
249 knows to be false, intentionally or negligently failing to file
250 a report or record required by state or federal law, willfully
251 impeding or obstructing such filing, or inducing another person
252 to impede or obstruct such filing. Such reports or records shall
253 include only those which are signed in the capacity of a
254 licensed veterinarian.
255 (e) Advertising goods or services in a manner which is
256 fraudulent, false, deceptive, or misleading in form or content.
257 (f) Violating any provision of this chapter or chapter 455,
258 a rule of the board or department, or a lawful order of the
259 board or department previously entered in a disciplinary
260 hearing, or failing to comply with a lawfully issued subpoena of
261 the department.
262 (g) Practicing with a revoked, suspended, inactive, or
263 delinquent license.
264 (h) Being unable to practice veterinary medicine with
265 reasonable skill or safety to patients by reason of illness,
266 drunkenness, use of drugs, narcotics, chemicals, or any other
267 material or substance or as a result of any mental or physical
268 condition. In enforcing this paragraph, upon a finding by the
269 secretary, the secretary’s designee, or the probable cause panel
270 of the board that probable cause exists to believe that the
271 licensee is unable to practice the profession because of the
272 reasons stated in this paragraph, the department shall have the
273 authority to compel a licensee to submit to a mental or physical
274 examination by a physician designated by the department. If the
275 licensee refuses to comply with the department’s order, the
276 department may file a petition for enforcement in the circuit
277 court of the circuit in which the licensee resides or does
278 business. The licensee shall not be named or identified by
279 initials in any other public court records or documents and the
280 enforcement proceedings shall be closed to the public. The
281 department shall be entitled to the summary procedure provided
282 in s. 51.011. A licensee affected under this paragraph shall be
283 afforded an opportunity at reasonable intervals to demonstrate
284 that she or he can resume the competent practice for which she
285 or he is licensed with reasonable skill and safety to patients.
286 Neither the record of proceedings nor the orders entered by the
287 board in any proceedings under this paragraph shall be used
288 against a licensee in any other proceedings.
289 (i) Judicially determined mental incompetency. However, a
290 license suspended for this cause may be reinstated upon legal
291 restoration of the competency of the individual whose license
292 was so suspended.
293 (j) Knowingly maintaining a professional connection or
294 association with any person who is in violation of the
295 provisions of this chapter or the rules of the board or
296 department. However, if the licensee verifies that the person is
297 actively participating in a board-approved program for the
298 treatment of a physical or mental condition, the licensee is
299 required only to report such person to the consultant.
300 (k) Paying or receiving kickbacks, rebates, bonuses, or
301 other remuneration for receiving a patient or client or for
302 referring a patient or client to another provider of veterinary
303 services or goods.
304 (l) Performing or prescribing unnecessary or unauthorized
305 treatment.
306 (m) Fraud in the collection of fees from consumers or any
307 person, agency, or organization paying fees to practitioners.
308 (n) Attempting to restrict competition in the field of
309 veterinary medicine other than for the protection of the public.
310 However, this provision shall not apply to testimony made in
311 good faith at a hearing or other proceeding in which the subject
312 is the revocation of a license or a lesser penalty.
313 (o) Fraud, deceit, negligence, incompetency, or misconduct,
314 in or related to the practice of veterinary medicine.
315 (p) Conviction on a charge of cruelty to animals.
316 (q) Permitting or allowing another to use a veterinarian’s
317 license for the purpose of treating or offering to treat
318 animals.
319 (r) Being guilty of incompetence or negligence by failing
320 to practice medicine with that level of care, skill, and
321 treatment which is recognized by a reasonably prudent
322 veterinarian as being acceptable under similar conditions and
323 circumstances.
324 (s) Willfully making any misrepresentations in connection
325 with the inspection of food for human consumption.
326 (t) Fraudulently issuing or using any false health
327 certificate, vaccination certificate, test chart, or other blank
328 form used in the practice of veterinary medicine relating to the
329 presence or absence of animal disease or transporting animals or
330 issuing any false certificate relating to the sale of products
331 of animal origin for human consumption.
332 (u) Fraud or dishonesty in applying, treating, or reporting
333 on tuberculin, diagnostic, or other biological tests.
334 (v) Failing to keep the equipment and premises of the
335 business establishment in a clean and sanitary condition, having
336 a premises permit suspended or revoked pursuant to s. 474.215,
337 or operating or managing premises that do not comply with
338 requirements established by rule of the board.
339 (w) Practicing veterinary medicine at a location for which
340 a valid premises permit has not been issued when required under
341 s. 474.215.
342 (x) Refusing to permit the department to inspect the
343 business premises of the licensee during regular business hours.
344 (y) Using the privilege of ordering, prescribing, or making
345 available medicinal drugs or drugs as defined in chapter 465, or
346 controlled substances as defined in chapter 893, for use other
347 than for the specific treatment of animal patients for which
348 there is a documented veterinarian/client/patient relationship.
349 Pursuant thereto, the veterinarian shall:
350 1. Have sufficient knowledge of the animal to initiate at
351 least a general or preliminary diagnosis of the medical
352 condition of the animal, which means that the veterinarian is
353 personally acquainted with the keeping and caring of the animal
354 and has recently seen the animal or has made medically
355 appropriate and timely visits to the premises where the animal
356 is kept.
357 2. Be available or provide for followup care and treatment
358 in case of adverse reactions or failure of the regimen of
359 therapy.
360 3. Maintain records which document patient visits,
361 diagnosis, treatment, and other relevant information required
362 under this chapter.
363 (z) Providing, prescribing, ordering, or making available
364 for human use medicinal drugs or drugs as defined in chapter
365 465, controlled substances as defined in chapter 893, or any
366 material, chemical, or substance used exclusively for animal
367 treatment.
368 (aa) Failing to report to the department any person the
369 licensee knows to be in violation of this chapter or of the
370 rules of the department or board. However, if the licensee
371 verifies that the person is actively participating in a board
372 approved program for the treatment of a physical or mental
373 condition, the licensee is required only to report such person
374 to the consultant.
375 (bb) Violating any of the requirements of chapter 499, the
376 Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
377 Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
378 the Comprehensive Drug Abuse Prevention and Control Act of 1970,
379 more commonly known as the Comprehensive Drug Abuse Prevention
380 and Control Act; or chapter 893.
381 (cc) Failing to provide adequate radiation safeguards.
382 (dd) Failing to perform any statutory or legal obligation
383 placed upon a licensee.
384 (ee) Failing to keep contemporaneously written medical
385 records as required by rule of the board.
386 (ff) Prescribing or dispensing a legend drug as defined in
387 chapter 499, including any controlled substance, inappropriately
388 or in excessive or inappropriate quantities.
389 (gg) Practicing or offering to practice beyond the scope
390 permitted by law.
391 (hh) Delegating professional responsibilities to a person
392 when the licensee delegating such responsibilities knows or has
393 reason to know that such person is not qualified by training,
394 experience, or licensure to perform them.
395 (ii) Presigning blank prescription forms.
396 (jj) Failing to report to the board within 30 days, in
397 writing, any action set forth in paragraph (b) that has been
398 taken against the practitioner’s license to practice veterinary
399 medicine by any jurisdiction, including any agency or
400 subdivision thereof.
401 (kk) Aiding or assisting another person in violating any
402 provision of this chapter or any rule adopted pursuant thereto.
403 (ll) Failing to respond within 60 days after receipt of a
404 request to provide satisfactory proof of having participated in
405 approved continuing education programs.
406 (mm) Failing to maintain accurate records or reports as
407 required by this chapter or by federal or state laws or rules
408 pertaining to the storing, labeling, selling, dispensing,
409 prescribing, and administering of controlled substances.
410 (nn) Failing to report a change of address to the board
411 within 60 days thereof.
412 (oo) Failure of the responsible veterinarian to report a
413 change of premises ownership or responsible veterinarian within
414 60 days thereof.
415 (pp) Failing to give the owner of a patient, before
416 dispensing any drug, a written prescription when requested.
417 (2) The following acts shall constitute grounds for which
418 the disciplinary actions under subsection (3) may be taken
419 against an applicant or a licensed veterinary technician:
420 (a) Violating any provision of this chapter that pertains
421 to licensed veterinary technicians.
422 (b) Being convicted or found guilty of, regardless of
423 adjudication, a felony.
424 (c) Being convicted of a charge of cruelty to animals.
425 (d) Soliciting patients from any practitioner of the
426 healing arts.
427 (e) Willfully or negligently divulging a professional
428 confidence.
429 (f) Habitually or excessively using intoxicants or drugs.
430 (g) Committing fraud, deceit, negligence, incompetency, or
431 misconduct, in or related to the practice of veterinary
432 technology.
433 (h) Committing fraud or misrepresentation in applying for
434 or procuring licensure as a licensed veterinary technician or in
435 applying for or procuring the biannual renewal.
436 (i) Impersonating or attempting to impersonate another
437 person who is licensed as a veterinary technician or allowing a
438 person to use his or her license as a veterinary technician.
439 (j) Practicing with a revoked, suspended, inactive, or
440 delinquent license.
441 (k) Selling or offering to sell a diploma conferring a
442 degree from a veterinary technology school or college or a
443 license issued under this chapter.
444 (l) Abetting or aiding the practice of veterinary medicine
445 by a person who is not licensed by the board.
446 (m) Failing to report to the board within 30 days and in
447 writing any action that has been taken against the veterinary
448 technician’s license to practice veterinary technology by any
449 jurisdiction, including any agency or subdivision thereof.
450 (n) Failing to perform any statutory or legal obligation
451 placed upon a licensed veterinary technician.
452 (o) Failing to respond within 60 days after receipt of a
453 request to provide satisfactory proof of having participated in
454 approved continuing education programs.
455 (p) Failing to report a change of address to the board
456 within 60 days thereof.
457 (3)(2) When the board finds any applicant, or veterinarian,
458 or licensed veterinary technician guilty of any of the grounds
459 set forth in subsection (1) or subsection (2), as applicable,
460 regardless of whether the violation occurred prior to licensure,
461 it may enter an order imposing one or more of the following
462 penalties:
463 (a) Denial of certification for examination or licensure.
464 (b) Revocation or suspension of a license.
465 (c) Imposition of an administrative fine not to exceed
466 $5,000 for each count or separate offense.
467 (d) Issuance of a reprimand.
468 (e) Placement of the veterinarian or licensed veterinary
469 technician on probation for a period of time and subject to such
470 conditions as the board may specify, including requiring the
471 veterinarian or licensed veterinary technician to attend
472 continuing education courses or to work under the supervision of
473 another veterinarian.
474 (f) Restricting the authorized scope of practice.
475 (g) Imposition of costs of the investigation and
476 prosecution.
477 (h) Requiring the veterinarian or licensed veterinary
478 technician to undergo remedial education.
479
480 In determining appropriate action, the board must first consider
481 those sanctions necessary to protect the public. Only after
482 those sanctions have been imposed may the disciplining authority
483 consider and include in its order requirements designed to
484 rehabilitate the veterinarian or licensed veterinary technician.
485 All costs associated with compliance with any order issued under
486 this subsection are the obligation of the veterinarian or
487 licensed veterinary technician.
488 (4)(3) The department shall reissue the license of a
489 disciplined veterinarian or licensed veterinary technician upon
490 certification by the board that the disciplined veterinarian or
491 licensed veterinary technician has complied with all of the
492 terms and conditions set forth in the final order and is capable
493 of competently and safely engaging in the practice of veterinary
494 medicine or veterinary technology, as applicable.
495 Section 9. Section 474.223, Florida Statutes, is created to
496 read:
497 474.223 Licensed veterinary technicians.—
498 (1) A licensed veterinary technician may provide the
499 following services under the supervision of a licensed
500 veterinarian:
501 (a) Arterial and central venous catheterization.
502 (b) Euthanasia.
503 (c) Intraperitoneal injections.
504 (d) Placement of gastric, nasoesophageal, and nasogastric
505 tubes.
506 (e) Suturing or stapling of skin lacerations, gingival
507 incisions, or existing surgical incisions.
508 (f) Paravertebral blocks and epidurals.
509 (g) A complex single root extraction that is beyond a
510 simple digital extraction of the tooth that requires periosteal
511 elevation but does not require sectioning of the tooth or of the
512 bone.
513 (h) Blood or blood component collection, preparation, and
514 administration for transfusion or blood banking purposes.
515 (i) Ear flushing with powered mechanical devices creating
516 pressure or suction.
517 (j) A thoracocentesis, cystocentesis, or abdominocentesis.
518 (k) Application of casts, splints, and slings for the
519 immobilization of fractures.
520 (l) Placement of an epidural, intraosseous, or nasal
521 catheter.
522 (m) Administering rabies vaccinations.
523 (2) The supervising veterinarian shall determine the
524 appropriate level of supervision and protocol for any of the
525 tasks under subsection (1). All other tasks may be performed by
526 licensed or unlicensed persons at the discretion of the
527 supervising veterinarian. In determining the appropriate level
528 of supervision, the veterinarian must consider the level of
529 training and experience of the person to whom the task is
530 delegated.
531 (3) A supervising veterinarian may in his or her judgment
532 delegate to a licensed veterinary technician the responsibility
533 of supervising a task or tasks performed by an unlicensed
534 person, except for any of the tasks listed in subsection (1).
535 (4) A licensed veterinary technician may not make or
536 provide any diagnosis or prognosis, perform any surgery, or
537 prescribe any medical drugs as defined in chapter 465 or
538 controlled substances as defined in chapter 893, unless
539 otherwise authorized in this chapter.
540 (5) A veterinary assistant may not identify himself or
541 herself to the public as a veterinary technician or a licensed
542 veterinary technician unless he or she is a graduate of an
543 accredited veterinary technology program or licensed under this
544 chapter, as applicable.
545 Section 10. Subsections (1) and (3) of section 828.30,
546 Florida Statutes, are amended to read:
547 828.30 Rabies vaccination of dogs, cats, and ferrets.—
548 (1) All dogs, cats, and ferrets 4 months of age or older
549 must be vaccinated by a licensed veterinarian or licensed
550 veterinary technician under the supervision of a licensed
551 veterinarian against rabies with a vaccine that is licensed by
552 the United States Department of Agriculture for use in those
553 species. The owner of every dog, cat, and ferret shall have the
554 animal revaccinated 12 months after the initial vaccination.
555 Thereafter, the interval between vaccinations shall conform to
556 the vaccine manufacturer’s directions. The cost of vaccination
557 must be borne by the animal’s owner. Evidence of circulating
558 rabies virus neutralizing antibodies shall not be used as a
559 substitute for current vaccination in managing rabies exposure
560 or determining the need for booster vaccinations.
561 (3) Upon vaccination against rabies, the licensed
562 veterinarian or licensed veterinary technician shall provide the
563 animal’s owner and the animal control authority with a rabies
564 vaccination certificate. Each animal control authority and
565 veterinarian or licensed veterinary technician shall use the
566 “Rabies Vaccination Certificate” of the National Association of
567 State Public Health Veterinarians (NASPHV) or an equivalent form
568 approved by the local government which that contains all the
569 information required by the NASPHV Rabies Vaccination
570 Certificate. The veterinarian who administers the rabies vaccine
571 to an animal as authorized required under this section may affix
572 his or her signature stamp in lieu of an actual signature.
573 Section 11. This act shall take effect July 1, 2024.
