The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 722
INTRODUCER: Senator Burton
SUBJECT: Practice of Veterinary Medicine
DATE: April 10, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Favorable
2. Becker Becker AG Favorable
3. Kraemer Twogood RC Favorable
I. Summary:
SB 722 exempts a veterinarian who has an active license in good standing in another United States
jurisdiction to perform, as an unpaid volunteer (exempted unpaid volunteer), dog and cat
sterilization services, and routine preventative health services at the time of such sterilization
services.
The exempted unpaid volunteer must be under the responsible supervision of a Florida-licensed
veterinarian, which requires control, direction, and regulation by a licensed veterinarian of the
veterinary services delegated to unlicensed personnel. The supervising licensed veterinarian is
responsible for all acts performed by an exempted unpaid volunteer acting under such supervision.
An exempted unpaid volunteer, if not otherwise licensed as a veterinarian in Florida, is not eligible
to apply for a premises permit for a permanent or mobile establishment in which veterinary
services may be provided.
The bill has no fiscal impact on state government. See Section V, Fiscal Impact Statement.
The bill is effective July 1, 2023.
II. Present Situation:
Veterinary Medicine, the Practice of Veterinary Medicine, and Exempted Persons
In 1979, the Legislature determined the practice of veterinary medicine to be potentially dangerous
to public health and safety if conducted by incompetent and unlicensed practitioners and that
minimum requirements for the safe practice of veterinary medicine are necessary. 1 The Board of
1
See s. 474.201, F.S.
BILL: SB 722 Page 2
Veterinary Medicine (board) in the Department of Business and Professional Regulation (DBPR)
implements the provisions of ch. 474, F.S., on Veterinary Medical Practice.2 A veterinarian is a
health care practitioner licensed to engage in the practice of veterinary medicine in Florida under
ch. 474, F.S.3
Veterinary medicine includes, with respect to animals:4
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine);5 and
Other branches or specialties of veterinary medicine.
The practice of veterinary medicine 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.6 Veterinarians who are incompetent or present a danger to the public are subject to
discipline and may be prohibited from practicing in the state.7
Ten categories of persons are exempt from complying with ch. 474, F.S.:8
Faculty veterinarians with assigned teaching duties at accredited9 institutions;
Intern/resident veterinarians at accredited institutions who are graduates of an accredited
institution, but only until they complete or terminate their training;
2
See ss. 474.204 through 474.2125, and s. 474.217, F.S., concerning the powers and duties of the board.
3
See s. 474.202(11), F.S.
4
See s. 474.202(13), F.S. Section 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird,
amphibian, fish, or reptile, wild or domestic, living or dead.”
5
The Society for Theriogenology, established in 1954, is composed of veterinarians dedicated to standards of excellence in
animal reproduction. See https://www.therio.org/(last visited Mar. 24, 2023).
6
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, fertility, or infertility of animals.
7
See s. 474.213, F.S., on prohibited acts, and s. 474.214, F.S., on disciplinary proceedings. See also s. 474.201, F.S.
8
See s. 474.203, F.S.
9
Sections 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. The AVMA Council on Education is recognized by the Council for Higher Education Accreditation (CHEA) as
the accrediting body for schools and programs that offer the professional Doctor of Veterinary Medicine degree (or its
equivalent) in the United States and Canada, and may also approve foreign veterinary colleges. See
https://www.avma.org/professionaldevelopment/education/accreditation/colleges/pages/coe-pp-overview-of-the-coe.aspx
(last visited Mar. 24, 2023). The AVMA Commission for Foreign Veterinary Graduates assists graduates of foreign, non-
accredited schools to meet the requirement of most states that such foreign graduates successfully complete an educational
equivalency assessment certification program. See
https://www.avma.org/professionaldevelopment/education/foreign/pages/ecfvg-about-us.aspx (last visited Mar. 24, 2023). In
turn, the Council for Higher Education Accreditation, a national advocate for regulation of academic quality through
accreditation, is an association of degree-granting colleges and universities. See http://chea.org/about (last visited
Mar. 24, 2023).
BILL: SB 722 Page 3
Students in a school or college of veterinary medicine who perform assigned duties by an
instructor (no accreditation of the institution is required), or work as preceptors10 (if the
preceptorship is required for graduation from an accredited institution);
Doctors of veterinary medicine employed by a state agency or the United States Government
while actually engaged in the performance of official duties at the installations for which the
services were engaged;
Persons or their employees caring for the persons’ own animals, as well as part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks (excluding immunization or treatment of diseases
that are communicable to humans and significant to public health) for herd/flock animals, with
certain limitations; however, the exemption is not available to a person licensed as a
veterinarian in another state and temporarily practicing in Florida, or convicted of violating
ch. 828, F.S., on animal cruelty, or of any similar offense in another jurisdiction, and
employment may not be provided for the purpose of circumventing ch. 474, F.S.;
Certain entities or persons11 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 treat of human ailments, or in the study and development of methods
and techniques applicable to the practice of veterinary medicine;
Veterinary aides, nurses, laboratory technicians, preceptors, 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 veterinarians who are licensed and actively practicing veterinary medicine
in another state, are board certified in a specialty recognized by the Florida Board of Veterinary
Medicine, and are assisting upon request of a Florida-licensed veterinarian to consult on the
treatment of a specific animal or on the treatment on a specific case of the animals of a single
owner;
Employees, agents, or contractors of public or private animal shelters, humane organizations,
or animal control agencies operated by a humane organization, county, municipality, or
incorporated political subdivision, whose work is confined solely to implanting radio
frequency identification device microchips in dogs and cats in accordance with s. 823.15, F.S.;
13
and
Paramedics or emergency medical technicians providing emergency medical care to a police
canine14 injured in the line of duty while at the scene of the emergency or while the police
canine is being transported to a veterinary clinic or similar facility.
10
A preceptor is a skilled practitioner or faculty member, who directs, teaches, supervises, and evaluates students in a clinical
setting to allow practical experience with patients. See
https://www.merriam-Webster.com/dictionary/preceptor#medicalDictionary (last visited Mar. 24, 2023).
11
See s. 474.203(6), F.S., which states that the exemption applies to “[s]tate agencies, accredited schools, institutions,
foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches,
graduate doctors of veterinary medicine, or persons under the direct supervision thereof . . . .”
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
See s. 823.15(5), F.S., which authorizes such persons to perform microchipping of dogs and cats.
14
Section 401.254, F.S., defines the term “police canine” as “any canine that is owned, or the service of which is employed,
by a state or local law enforcement agency, a correctional agency, a fire department, a special fire district, or the State Fire
Marshal for the principal purpose of aiding in the detection of criminal activity, flammable materials, or missing persons; the
enforcement of laws; the investigation of fires; or the apprehension of offenders.” A paramedic or an emergency medical
BILL: SB 722 Page 4
Persons who are eligible faculty veterinarians, intern veterinarians, resident veterinarians, or state
or federal veterinarians exempt from complying with ch. 474, F.S., are deemed to be duly licensed
practitioners authorized to prescribe drugs or medicinal supplies.15
Veterinarian/Client/Patient Relationship
Section 474.202(12), F.S., defines a “veterinarian/client/patient relationship” as one in which a
veterinarian has assumed responsibility for making medical judgments about the health of an
animal and its need for medical treatment. The term “patient” means any animal “for which a
veterinarian practices veterinary medicine.”16
The term “valid veterinarian-client-patient relationship” (VCPR) used in federal regulations issued
by the federal Food and Drug Administration (FDA), an agency within the United States
Department of Health and Human Services, is similar to the definition in s. 474.202(12), F.S.17
The federal VCPR definition requires that veterinarians physically examine animal patients and
make medically appropriate and timely visits to the location where the animals are kept.18 The
FDA has amended its animal drug regulations to implement veterinary feed directive drugs.19
(VFD).20 The FDA requires veterinarians to consider state VCPR requirements.21
Veterinarian Licensing
Chapter 474, F.S., relating to Veterinary Medical Practice (act) provides several pathways to
licensure as a veterinarian in Florida. Licensure may be by examination or endorsement, and
issuance of a temporary license is available in certain circumstances.
Licensure by Examination
An applicant for licensure as a veterinarian by examination must apply to the DBPR for such
licensure. The board has established by administrative rule the required passing scores for a
national examination and an examination relating to the practice of veterinary medicine in
Florida.22
The DBPR must license an applicant if the board finds the applicant has met these requirements:
technician who acts in good faith to provide emergency medical care to an injured police canine is immune from criminal or
civil liability.
15
See s. 474.203, F.S. (flush left language).
16
See s. 474.202(8), F.S.
17
See 21 C.F.R. s. 530.3.
18
Id.
19
See https://www.fda.gov/animal-veterinary/development-approval-process/veterinary-feed-directive-vfd (last visited
Mar. 24, 2023).
20
Id. See 21 C.F.R. s. 530 and 21 C.F.R. part 558. A VFD drug is intended for use in animal feeds, and use is permitted only
under the professional supervision of a licensed veterinarian. See U.S. Food and Drug Administration, Veterinary Feed
Directive (VFD) ttps://www.fda.gov/animal-veterinary/development-approval-process/veterinary-feed-directive-vfd (last
visited Mar. 24, 2023).
21
See https://www.fda.gov/animal-veterinary/development-approval-process/fact-sheet-veterinary-feed-directive-final-rule-
and-next-steps (last visited Mar. 24, 2023).
22
See s. 474.207(1), F.S. and Fla. Admin. Code R. 61G18-11.002. The rules promulgated by the board are available at
https://www.flrules.org/gateway/Division.asp?DivID=270 (last visited Mar. 24, 2023).
BILL: SB 722 Page 5
Submission of a complete application form with the required examination fee;
With some exceptions,23 graduation from a college of veterinary medicine that is either:
o Accredited by the American Veterinary Medical Association Council on Education; or
o Listed in the American Veterinary Medical Association Roster of Veterinary Colleges of
the World and obtained a certificate from the Education Commission for Foreign
Veterinary Graduates or the Program for the Assessment of Veterinary Education
Equivalence.
The successful completion of the required licensure examinations, demonstrating the
applicant’s knowledge of the laws and rules governing the practice of veterinary medicine.24
Pursuant to s. 474.207(5), F.S., an unlicensed doctor of veterinary medicine who has graduated
from an approved college or school of veterinary medicine and completed all parts of the licensure
examination is permitted, while awaiting the results of the examination or license issuance, to
practice under the immediate supervision of a licensed veterinarian. A person who fails any part
of the examination may not continue to practice, except in the same capacity as other nonlicensed
veterinary employees, until she or he passes the examination and is eligible for licensure.
Licensure by Endorsement
Under s. 474.217, F.S., an applicant for licensure as a veterinarian by endorsement must apply to
the DBPR for such licensure, remit the required fee, and demonstrate to the board that the applicant
is knowledgeable of the laws and rules governing the practice of veterinary medicine in Florida;
and
Holds and has held for the three years immediately preceding the application, a valid, active
license to practice veterinary medicine in another state or a territory of the United States or the
District of Columbia, and has successfully completed a state, regional, national, or other
examination that is equivalent to or more stringent than the examination required by the board;
or
Meets the educational and other requirements set forth in s. 474.207(2)(b), F.S., and has
successfully completed a state, regional, national, or other examination equivalent to or more
stringent than the examination given by the DBPR and has passed the board’s clinical
competency examination or another clinical competency examination specified by the board.25
The DBPR may not issue a license to any applicant by examination or by endorsement, if the
applicant is under investigation in any state or territory in the United States or the District of
Columbia for an act which would constitute a violation of Florida’s veterinary medical practice
act, until the investigation is complete and disciplinary proceedings have been terminated.
23
Section 474.207(3), F.S., provides a pathway to licensure for applicants who were certified for examination by the board
prior to October 1, 1989, or who immigrated to the United States after leaving her or his home country in the Western
Hemisphere because of political reasons and the country lacks diplomatic relations with the United States, subject to other
requirements set forth in this section.
24
Id. Fla. Admin. Code R. 61G18-11.002 requires completion of two examinations: the North American Veter