HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 719 Practice of Veterinary Medicine
SPONSOR(S): Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 722
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 13 Y, 0 N Thompson Anstead
Subcommittee
2) Commerce Committee 15 Y, 0 N Thompson Hamon
SUMMARY ANALYSIS
In Florida, the practice of “veterinary medicine” means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (Board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act).
The purpose of the practice act is to ensure that every veterinarian practicing in this state meets minimum
requirements for safe practice to protect public health and safety. The practice act provides requirements for
licensure by examination, licensure of qualified out-of-state veterinarians by endorsement, premises permitting,
prohibitions and penalties, and grounds for disciplinary action by the Board.
According to reports, a recent increase in household pet ownership has contributed to a shortage of
veterinarians in the U.S.
The bill allows out-of-state veterinarians to perform dog or cat sterilization services, and routine preventative
health services at the time of sterilization, under certain circumstances. Specifically, the bill exempts from the
practice act veterinarians who:
Hold an active license to practice veterinary medicine in another jurisdiction in the U.S.;
Are in good standing in such jurisdiction; and
Perform dog or cat sterilization services or routine preventative health services at the time of
sterilization as an unpaid volunteer under responsible supervision of a veterinarian licensed in this
state.
The bill specifies that the supervising licensed veterinarian is responsible for all acts performed under this
provision by an out-of-state veterinarian acting under her or his responsible supervision.
The bill provides that an out-of-state veterinarian practicing pursuant to this provision is not eligible to apply for
a premises permit.
The bill does not appear to have a fiscal impact on state or local government.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 3/17/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Practice of Veterinary Medicine
The practice of veterinary medicine is regulated by the Department of Business and Professional
Regulation (DBPR) Board of Veterinary Medicine (Board).1 The Board administers and enforces the
provisions of ch. 474, F.S., relating to veterinary medical practice (practice act). The purpose of the
practice act is to ensure that every veterinarian practicing in this state meets minimum requirements for
safe practice to protect public health and safety.2
A veterinarian is a health practitioner licensed by the Board to engage in the practice of veterinary
medicine in Florida,3 which is the diagnosis of medical conditions of animals, and the prescribing or
administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease, or holding oneself out as performing any of these functions.4
Veterinary medicine includes, with respect to animals: 5
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine);6 and
Other branches or specialties of veterinary medicine.
Licensure by Examination
To become a licensed veterinarian, an applicant must:
Graduate from a college of veterinary medicine accredited by the American Veterinary Medical
Association Council on Education (AVMAE); or from a college of veterinary medicine listed in
the American Veterinary Medical Association Roster of Veterinary Colleges of the World
(AVMARVC) and obtain a certificate from the Education Commission for Foreign Veterinary
Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence
(PAVE);
Successfully complete the North American Veterinary Licensing Examination (NAVLE), or an
examination determined by the board to be equivalent; and
Successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida.7
Licensure by Endorsement
1 See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the Board.
2 S. 474.201, F.S.
3 See s. 474.202(11), F.S.
4 See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 See s. 474.202(13), F.S. Section 474.202(1), F.S., which defines “animal” as “any mammal other than a human being or any bird,
amphibian, fish, or reptile, wild or domestic, living or dead.”
6 The Society for Theriogenology, established in 1954, is composed of veterinarians dedicated to standards of excellence in animal
reproduction. See https://www.therio.org/page/HistoryTheriogenolog (last visited Feb. 25, 2023).
7 R. 61G18-11.002, F.A.C.
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A person who is licensed in another state or country is eligible for a license by endorsement in Florida if
they:8
Successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida; and
Either:
o Hold a valid license to practice veterinary medicine in another jurisdiction of the United
States for the three years immediately preceding the application for licensure, provided
that the requirements for licensure are equivalent to or more stringent than a Florida
license; or
o Have graduated from an AVMAE, or AVMARVC program with the required certificate,
and have successfully completed an examination which is equivalent to or more
stringent than the NAVLE.
DBPR may not issue a license by endorsement to any applicant who is under investigation in any state,
territory, or the District of Columbia for an act which would constitute a violation of the practice act until
the investigation is complete and disciplinary proceedings have been terminated. 9
Exemptions
The following entities are exempt from the practice act:10
Veterinary aides, nurses, laboratory technicians, preceptors, 11 or other employees of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision12 of a licensed veterinarian;
Certain non-Florida licensed veterinarians who are consulting upon the request of a Florida-
licensed veterinarian;
Faculty veterinarians when they have assigned teaching duties at accredited13 institutions;
Certain graduate intern/resident veterinarians of accredited institutions;
Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
Certain doctors of veterinary medicine employed by a state agency or the U.S. Government;
Persons or their employees caring for the persons’ own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks; and
Certain entities or persons 14 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods or
techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.
Premises Permit
Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR.15 Each person to whom a veterinary license or premises permit is issued must
8 S. 474.217(1), F.S.
9 S. 474.217(2), F.S.
10 See s. 474.203, F.S.
11 A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinica l setting to
allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Feb. 25, 2023).
12 The term “responsible supervision” is defined in s. 474.202(10), F.S., as the “control, direction, and regulation by a licensed doctor
of veterinary medicine of the duties involving veterinary services” delegated to unlicensed personnel.
13 Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
14 See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schoo ls, institutions, foundations,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doc tors of
veterinary medicine, or persons under the direct supervision thereof . . . .”
15 S. 474.215(1), F.S.
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conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic.16
Prohibitions and Penalties
The following licensure related activities are prohibited:17
Leading the public to believe that a person is licensed to practice veterinary medicine, without
holding a valid, active license.
Using the name or title “veterinarian” when the person has not been licensed.
Using the license of another veterinarian.
Giving false or forged evidence to the Board to obtain a license.
Using or attempting to use a veterinarian’s license which has been suspended or revoked.
Knowingly employing unlicensed persons in the practice of veterinary medicine.
Knowingly concealing information relative to violations of the practice act.
Obtaining a license to practice veterinary medicine by fraudulent representation.
Practicing veterinary medicine without a license.
Selling or offering to sell fake veterinary diplomas and licenses.
Knowingly operating a veterinary establishment or premises without having a premises
permit.
Violations are a third degree felony, punishable by a maximum penalty of five years in prison,18 a
$5,000 fine19 and increased prison sentences 20 for habitual offenders.21
Grounds for Disciplinary Action by the Board
The following acts are some of the grounds for which the Board may take disciplinary action:
Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which
directly relates to the practice of veterinary medicine, including animal cruelty and state or
federal drug laws.
Violating any provision of the practice act or chapter 455, F.S., related to DBPR, a rule of the
Board or department, or a lawful order of the Board or department or subpoena of the
department.
Being unable to practice safely due to illness, drunkenness, use of drugs, narcotics, chemicals,
or any other material or substance or as a result of any mental or physical condition.
Judicially determined mental incompetency.
Knowingly maintaining a professional connection or association with persons in violation.
Performing or prescribing unnecessary or unauthorized treatment.
Attempting to restrict competition.
Fraud, deceit, negligence, incompetency, or misconduct.
Permitting or allowing another to use a veterinarian’s license to treat animals.
Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or
other blank form used in the practice of veterinary medicine relating to the presence or absence
of animal disease or transporting animals or issuing any false certificate relating to the sale of
products of animal origin for human consumption.
Practicing at a location for which a valid premises permit has not been issued.
Refusing to allow department inspections during regular business hours.
Ordering, prescribing, or making available medicinal drugs or drugs 22 or controlled substances 23
for use other than for the specific treatment of animal patients for which there is a documented
veterinary client patient relationship (VCPR) and without:
16 S. 474.216, F.S.
17 S. 474.213, F.S.
18 S. 775.082, F.S.
19 S. 775.083, F.S.
20 S. 775.084, F.S.
21 S. 474.213(2), F.S.
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o Having sufficient knowledge of the animal to initiate at least a general or preliminary
diagnosis of the medical condition of the animal, which means that the veterinarian is
personally acquainted with the keeping and caring of the animal and has recently seen
the animal or has made medically appropriate and timely visits to the premises where
the animal is kept;
o Being available to provide for follow-up care and treatment in case of adverse reactions
or failure of the regimen of therapy; and
o Maintaining records which document patient visits, diagnosis, treatment, and other
relevant information required under the practice act.24
Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as
defined in ch. 465, F.S., controlled substances as defined in ch. 893, F.S., or any material,
chemical, or substance used exclusively for animal treatment.
Failing to report to the department any person the licensee knows to be in violation of the
practice act.
Violating any of the requirements of chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C.
ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the
Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the
Comprehensive Drug Abuse Prevention and Control Act; or chapter 893, F.S.
Prescribing or dispensing a legend drug as defined in chapter 499, F.S., including any
controlled substance, inappropriately or in excessive or inappropriate quantities.
Practicing or offering to practice beyond the scope permitted by law.
Knowingly delegating professional responsibilities to a person who is not qualified by training,
experience, or licensure to perform them.
Presigning blank prescription forms.
Failing to give the owner of a patient, before dispensing any drug, a written prescription when
requested.
When the board finds any applicant or veterinarian guilty of the grounds for disciplinary action, it may
enter an order imposing one or more of the following penalties: 25
Denial of certification for examination or licensure.
Revocation or suspension of a license.
Administrative fine up to $5,000 for each offense.
Issuance of a reprimand.
Probation, including continuing education or work under the supervision of another veterinarian.
Restricting the authorized scope of practice.
Imposition of costs of the investigation and prosecution.
Remedial education.
Limited Service Practice
A “limited-service veterinary medical practice” means offering or providing limited types of veterinary
services for a limited time at any location that has a primary purpose other than providing veterinary
medical service at a permanent or mobile establishment. Such practice must provide veterinary medical
services for privately owned animals that do not reside at that location. 26