F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 261 2024
1 A bill to be entitled
2 An act relating to the practice of veterinary
3 medicine; amending s. 474.201, F.S.; conforming
4 provisions to changes made by the act; amending s.
5 474.202, F.S.; providing definitions; amending s.
6 474.203, F.S.; providing that specified exemptions
7 apply to licensed and unlicensed veterinary
8 technicians; amending s. 474.204, F.S.; revising the
9 membership of the Board of Veterinary Medicine;
10 creating s. 474.2071, F.S.; providing requirements for
11 the licensure of veterinary technicians; amending s.
12 474.211, F.S.; providing requirements for the renewal
13 of a licensed veterinary technician's license;
14 amending s. 474.213, F.S.; prohibiting certain persons
15 from taking specified actions relating to licensed
16 veterinary technicians; providing criminal penalties;
17 amending s. 474.214, F.S.; providing grounds for
18 disciplinary actions against applicants for licensure
19 and licensed veterinary technicians; authorizing the
20 board to take specified actions against certain
21 persons; providing for the reissuance of a license to
22 a veterinary technician under certain circumstances;
23 creating s. 474.223, F.S.; providing scope of practice
24 relating to licensed veterinary technicians;
25 authorizing veterinary technicians to provide
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26 specified services; authorizing supervising
27 veterinarians to delegate specified responsibilities
28 to licensed veterinary technicians; prohibiting
29 veterinary assistants from identifying themselves as
30 specified persons; amending s. 828.30, F.S.;
31 conforming provisions to changes made by the act;
32 providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Section 474.201, Florida Statutes, is amended
37 to read:
38 474.201 Purpose.—The Legislature finds that the practice
39 of veterinary medicine is potentially dangerous to the publi c
40 health and safety if conducted by incompetent and unlicensed
41 veterinarians and veterinary technicians practitioners. The
42 legislative purpose in enacting this chapter is to ensure that
43 every veterinarian and licensed veterinary technician practicing
44 in this state meet minimum requirements for safe practice. It is
45 the legislative intent that veterinarians and licensed
46 veterinary technicians who are not normally competent or who
47 otherwise present a danger to the public shall be disciplined or
48 prohibited from practicing in this state.
49 Section 2. Subsections (6) through (12) and (13) of
50 section 474.202, Florida Statutes, are renumbered as subsections
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51 (7) through (13) and (15), respectively, and a new subsection
52 (6) and subsections (14), (16), (17), and (18) are added to that
53 section, to read:
54 474.202 Definitions.—As used in this chapter:
55 (6) "Licensed veterinary technician" means a veterinary
56 technician or veterinary technologist who practices veterinary
57 technology in the state and is licensed under the authority of
58 this chapter.
59 (14) "Veterinary assistant" means a person who practices
60 on a veterinary team providing medical care for animals. The
61 term does not include a licensed veterinary technician.
62 (16) "Veterinary technician" means a person who has
63 graduated with an associate degree from a veterinary technology
64 training program accredited by the American Veterinary Medical
65 Association Committee on Veterinary Technician Education and
66 Activities (CVTEA).
67 (17) "Veterinary technologist" means a person who has
68 graduated with a bachelor's degree from a veterinary technology
69 training program accredited by the CVTEA.
70 (18) "Veterinary technology" means the science and art of
71 providing certain aspects of the medical care and treatment of a
72 veterinary patient by a person who is a veterinary technician or
73 veterinary technologist, as delegated and supervised by a
74 licensed veterinarian with an established
75 veterinarian/client/patient relationship. The term does not
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76 include the diagnosis, prognosis, prescription of medications,
77 surgery, or the development of treatment plans, which are within
78 the purview of the veterinarian.
79 Section 3. Subsections (3), (5), and (7) of section
80 474.203, Florida Statutes, are amended to read:
81 474.203 Exemptions.—This chapter does not apply to:
82 (3) A student in a school or college of veterinary
83 medicine or a program for veterinary technology while in the
84 performance of duties assigned by her or his instructor or when
85 working as a preceptor under the immediate supervision of a
86 licensee, if such preceptorship is required for graduation from
87 an accredited school or college of veterinary medicine or a
88 program for veterinary technology. The licensed veterinarian is
89 responsible for all acts performed by a preceptor under her or
90 his supervision.
91 (5)(a) Any person, or the person's regular employee,
92 administering to the ills or injuries of her or his own animals,
93 including, but not limited to, castration, spaying, and
94 dehorning of herd animals, unless title is transferred or
95 employment provided for the purpose of circumventing this law.
96 This exemption does not apply to any person licensed as a
97 veterinarian or veterinary technician in another state or
98 foreign jurisdiction and practicing temporarily in this state.
99 However, only a veterinarian or a licensed veterinary
100 technician, as authorized in s. 474.223(1)(m), may immunize or
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101 treat an animal for diseases that are communicable to humans and
102 that are of public health significance.
103 (7) Any veterinary aide, nurse, unlicensed veterinary
104 technician, laboratory technician, preceptor, or other employee
105 of a licensed veterinarian who administers medication or who
106 renders auxiliary or supporting assistance under the responsible
107 supervision of a licensed veterinarian, including those tasks
108 identified by rule of the board requiring immediate supervision.
109 However, the licensed veterinarian is responsible for all such
110 acts performed under this subsection by persons under her or his
111 supervision.
112
113 For the purposes of chapters 465 and 893, persons exempt
114 pursuant to subsection (1), subsection (2), or subsection (4)
115 are deemed to be duly licensed practitioners authorized by the
116 laws of this state to prescribe drugs or medicinal supplies.
117 Section 4. Section 474.204, Florida Statutes, are amended
118 to read:
119 474.204 Board of Veterinary Medicine.—
120 (1) To carry out the provisions of this chapter, there is
121 created within the department the Board of Veterinary Medicine
122 consisting of the following seven members, who shall be
123 appointed by the Governor, subject to confirmation by the
124 Senate:.
125 (a)(2) Five members who are of the board shall be licensed
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126 veterinarians.
127 (b) Two members who are licensed veterinary technicians
128 who have been actively engaged in the practice of veterinary
129 technology for at least 5 years immediately preceding the date
130 of their appointment to the board.
131 (c) Two members who are of the board shall be laypersons
132 who are not and have never been veterinarians or members of any
133 closely related profession or occupation.
134 (2)(3) All provisions of chapter 455 relating to
135 activities of regulatory boards shall apply.
136 Section 5. Section 474.2071, Florida Statutes, is created
137 to read:
138 474.2071 Veterinary technician licensure by examination.—
139 (1) A person desiring to become licensed as a veterinary
140 technician shall apply to the board and must have met all of the
141 following criteria:
142 (a) Completed the application form.
143 (b) Graduated from a college program of veterinary
144 technology accredited by the American Veterinary Medical
145 Association Committee on Veterinary Technicians Education and
146 Activities.
147 (c) Earned a passing score on the Veterinary Technician
148 National Exam as determined by the American Association of
149 Veterinary State Boards.
150 (d) Demonstrated knowledge of the laws and rules governing
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151 the practice of veterinary medicine in the state in a manner
152 consistent with rules of the board.
153 (2) A credentialed veterinary technician who is in good
154 standing with the Florida Veterinary Technician Association or
155 the Florida Veterinary Medical Association on July 1, 2024, is
156 eligible to apply for licensure upon meeting all of the
157 following criteria:
158 (a) Completed the application form.
159 (b) Demonstrated knowledge of the laws and rules governing
160 the practice of veterinary medicine in the state in a manner
161 consistent with rules of the board.
162 Section 6. Subsection (3) of section 474.211, Florida
163 Statutes, is amended to read:
164 474.211 Renewal of license.—
165 (3) The board may by rule prescribe continuing education,
166 not to exceed 30 hours biennially for veterinarians and 15 hours
167 biennially for licensed veterinary technicians, as a condition
168 for renewal of a license or certificate. The criteria for such
169 programs, providers, and courses shall be approved by the board.
170 Section 7. Section 474.213, Florida Statutes, is amended
171 to read:
172 474.213 Prohibitions; penalties.—
173 (1) A No person may not shall:
174 (a) Lead the public to believe that such person is
175 licensed as a veterinarian, or is engaged in the licensed
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176 practice of veterinary medicine, without such person holding a
177 valid, active license pursuant to this chapter;
178 (b) Use the name or title "veterinarian" when the person
179 has not been licensed under pursuant to this chapter;
180 (c) Present as her or his own the license of another;
181 (d) Give false or forged evidence to the board or a member
182 thereof for the purpose of obtaining a license;
183 (e) Use or attempt to use a veterinarian's license which
184 has been suspended or revoked;
185 (f) Knowingly employ unlicensed persons in the practice of
186 veterinary medicine;
187 (g) Knowingly conceal information relative to violations
188 of this chapter;
189 (h) Obtain or attempt to obtain a license to practice
190 veterinary medicine by fraudulent representation;
191 (i) Practice veterinary medicine in this state, unless the
192 person holds a valid, active license to practice veterinary
193 medicine pursuant to this chapter;
194 (j) Sell or offer to sell a diploma conferring a degree
195 from a veterinary school or college, or a license issued
196 pursuant to this chapter, or procure such diploma or license
197 with the intent that it shall be used as evidence of that which
198 the document stands for by a person other than the one upon whom
199 it was conferred or to whom it was granted; or
200 (k) Knowingly operate a veterinary establishment or
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201 premises without having a premise permit issued under s.
202 474.215.
203 (2) A person may not:
204 (a) Lead the public to believe that such person is
205 licensed as a veterinary technician or is engaged in the
206 licensed practice of veterinary technology without such person
207 holding a valid, active license under this chapter; or
208 (b) Use the name or title "licensed veterinary technician"
209 when the person has not been licensed under this chapter.
210 (3)(a)(2) A person who violates subsection (1) any
211 provision of this section commits a felony of the third degree,
212 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
213 (b) A person who violates subsection (2) commits a
214 misdemeanor of the first degree, punishable as provided in s.
215 775.082 or s. 775.083.
216 Section 8. Section 474.214, Florida Statutes, is amended
217 to read:
218 474.214 Disciplinary proceedings.