Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1100
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00677-24                                           20241100__
                      A bill to be entitled                      
       An act relating to the practice of veterinary
       medicine; amending s. 474.201, F.S.; revising
       legislative findings regarding the practice of
       veterinary medicine; amending s. 474.202, F.S.;
       defining terms; amending s. 474.203, F.S.; providing
       that specified exemptions apply to licensed and
       unlicensed veterinary technicians; amending s.
       474.204, F.S.; revising the membership of the Board of
       Veterinary Medicine; creating s. 474.2071, F.S.;
       providing requirements for the licensure of veterinary
       technicians; providing an exception; amending s.
       474.211, F.S.; providing continuing education
       requirements for the renewal of licensed veterinary
       technicians’ licenses; amending s. 474.213, F.S.;
       prohibiting certain persons from taking specified
       actions relating to the licensure of and the use of
       the titles of licensed veterinary technicians;
       providing criminal penalties; amending s. 474.214,
       F.S.; providing grounds for disciplinary actions
       against applicants for licensure and licensed
       veterinary technicians; authorizing the board to take
       specified actions against certain persons; providing
       for the reissuance of a license to a veterinary
       technician under certain circumstances; creating s.
       474.223, F.S.; providing scope of practice relating to
       licensed veterinary technicians; authorizing
       veterinary technicians to provide specified services;
       authorizing supervising veterinarians to delegate
       specified responsibilities to licensed veterinary
       technicians; prohibiting veterinary assistants from
       taking specified actions or identifying themselves as
       specified persons; amending s. 828.30, F.S.;
       conforming provisions to changes made by the act;
       providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Section 474.201, Florida Statutes, is amended to
read:
       474.201 Purpose.—The Legislature finds that the practice of
veterinary medicine is potentially dangerous to the public
health and safety if conducted by incompetent and unlicensed
veterinarians and veterinary technicians practitioners. The
legislative purpose in enacting this chapter is to ensure that
every veterinarian and licensed veterinary technician practicing
in this state meet minimum requirements for safe practice. It is
the legislative intent that veterinarians and licensed
veterinary technicians who are not normally competent or who
otherwise present a danger to the public shall be disciplined or
prohibited from practicing in this state.
       Section 2. Present subsections (6) through (12) and (13) of
section 474.202, Florida Statutes, are redesignated as
subsections (7) through (13) and (15), respectively, and a new
subsection (6) and subsections (14), (16), (17), and (18) are
added to that section, to read:
       474.202 Definitions.—As used in this chapter:
       (6) “Licensed veterinary technician” means a veterinary
technician or veterinary technologist who practices veterinary
technology in the state and is licensed under the authority of
this chapter.
       (14) “Veterinary assistant” means a person who practices on
a veterinary team providing medical care for animals. The term
does not include a licensed veterinary technician.
       (16) “Veterinary technician” means a person who has
graduated with an associate degree from a veterinary technology
training program accredited by the American Veterinary Medical
Association Committee on Veterinary Technician Education and
Activities (CVTEA).
       (17) “Veterinary technologist” means a person who has
graduated with a bachelor’s degree from a veterinary technology
training program accredited by the CVTEA.
       (18) “Veterinary technology” means the science and art of
providing certain aspects of the medical care and treatment of a
veterinary patient by a person who is a veterinary technician or
veterinary technologist, as delegated and supervised by a
licensed veterinarian with an established
veterinarian/client/patient relationship. The term does not
include the diagnosis, prognosis, prescription of medications,
surgery, or the development of treatment plans, which are within
the purview of the veterinarian.
       Section 3. Subsection (3), paragraph (a) of subsection (5),
and subsection (7) of section 474.203, Florida Statutes, are
amended to read:
       474.203 Exemptions.—This chapter does not apply to:
       (3) A student in a school or college of veterinary medicine
or a program for veterinary technology while in the performance
of duties assigned by her or his instructor or when working as a
preceptor under the immediate supervision of a licensee, if such
preceptorship is required for graduation from an accredited
school or college of veterinary medicine or a program for
veterinary technology. The licensed veterinarian is responsible
for all acts performed by a preceptor under her or his
supervision.
       (5)(a) Any person, or the person’s regular employee,
administering to the ills or injuries of her or his own animals,
including, but not limited to, castration, spaying, and
dehorning of herd animals, unless title is transferred or
employment provided for the purpose of circumventing this law.
This exemption does not apply to any person licensed as a
veterinarian or veterinary technician in another state or
foreign jurisdiction and practicing temporarily in this state.
However, only a veterinarian or a licensed veterinary
technician, as authorized in s. 474.223(1)(m), may immunize or
treat an animal for diseases that are communicable to humans and
that are of public health significance.
       (7) Any veterinary aide, nurse, unlicensed veterinary
technician, laboratory technician, preceptor, or other employee
of a licensed veterinarian who administers medication or who
renders auxiliary or supporting assistance under the responsible
supervision of a licensed veterinarian, including those tasks
identified by rule of the board requiring immediate supervision.
However, the licensed veterinarian is responsible for all such
acts performed under this subsection by persons under her or his
supervision.

For the purposes of chapters 465 and 893, persons exempt
pursuant to subsection (1), subsection (2), or subsection (4)
are deemed to be duly licensed practitioners authorized by the
laws of this state to prescribe drugs or medicinal supplies.
       Section 4. Section 474.204, Florida Statutes, is amended to
read:
       474.204 Board of Veterinary Medicine.—
       (1) To carry out the provisions of this chapter, there is
created within the department the Board of Veterinary Medicine
consisting of the following seven members, who shall be
appointed by the Governor, subject to confirmation by the
Senate:.
       (a)(2) Five members who are of the board shall be licensed
veterinarians.
       (b) Two members who are licensed veterinary technicians who
have been actively engaged in the practice of veterinary
technology for at least 5 years immediately preceding the date
of their appointment to the board.
       (c) Two members who are of the board shall be laypersons
who are not and have never been veterinarians or members of any
closely related profession or occupation.
       (2)(3) All provisions of chapter 455 relating to activities
of regulatory boards shall apply.
       Section 5. Section 474.2071, Florida Statutes, is created
to read:
       474.2071 Veterinary technician licensure by examination.—
       (1) A person desiring to become licensed as a veterinary
technician shall apply to the board and must have met all of the
following criteria:
       (a) Completed the application form.
       (b) Graduated from a college program of veterinary
technology accredited by the American Veterinary Medical
Association Committee on Veterinary Technician Education and
Activities.
       (c) Earned a passing score on the Veterinary Technician
National Exam as determined by the American Association of
Veterinary State Boards.
       (d) Demonstrated knowledge of the laws and rules governing
the practice of veterinary medicine in the state in a manner
consistent with rules of the board.
       (2) A credentialed veterinary technician who is in good
standing with the Florida Veterinary Technician Association or
the Florida Veterinary Medical Association on July 1, 2024, is
eligible to apply for licensure upon meeting all of the
following criteria:
       (a) Completed the application form.
       (b) Demonstrated knowledge of the laws and rules governing
the practice of veterinary medicine in the state in a manner
consistent with rules of the board.
       Section 6. Subsection (3) of section 474.211, Florida
Statutes, is amended to read:
       474.211 Renewal of license.—
       (3) The board may by rule prescribe continuing education,
not to exceed 30 hours biennially for veterinarians and 15 hours
biennially for licensed veterinary technicians, as a condition
for renewal of a license or certificate. The criteria for such
programs, providers, and courses shall be approved by the board.
       Section 7. Section 474.213, Florida Statutes, is amended to
read:
       474.213 Prohibitions; penalties.—
       (1) A No person may not shall:
       (a) Lead the public to believe that such person is licensed
as a veterinarian, or is engaged in the licensed practice of
veterinary medicine, without such person holding a valid, active
license pursuant to this chapter;
       (b) Use the name or title “veterinarian” when the person
has not been licensed under pursuant to this chapter;
       (c) Present as her or his own the license of another;
       (d) Give false or forged evidence to the board or a member
thereof for the purpose of obtaining a license;
       (e) Use or attempt to use a veterinarian’s license which
has been suspended or revoked;
       (f) Knowingly employ unlicensed persons in the practice of
veterinary medicine;
       (g) Knowingly conceal information relative to violations of
this chapter;
       (h) Obtain or attempt to obtain a license to practice
veterinary medicine by fraudulent representation;
       (i) Practice veterinary medicine in this state, unless the
person holds a valid, active license to practice veterinary
medicine pursuant to this chapter;
       (j) Sell or offer to sell a diploma conferring a degree
from a veterinary school or college, or a license issued
pursuant to this chapter, or procure such diploma or license
with the intent that it shall be used as evidence of that which
the document stands for by a person other than the one upon whom
it was conferred or to whom it was granted; or
       (k) Knowingly operate a veterinary establishment or
premises without having a premise permit issued under s.
474.215.
       (2) A person may not:
       (a) Lead the public to believe that such person is licensed
as a veterinary technician or is engaged in the licensed
practice of veterinary technology without such person holding a
valid, active license under this chapter; or
       (b) Use the name or title “licensed veterinary technician”
when the person has not been licensed under this chapter.
       (3)(a)(2) A person who violates subsection (1) any
provision of this section commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
       (b) A person who violates subsection (2) commits a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
       Section 8. Section 474.214, Florida Statutes, is amended to
read:
       474.214 Disciplinary proceedings.—
       (1) The following acts shall constitute grounds for which
the disciplinary actions in subsection (3) (2) may be taken:
       (a) Attempting to procure a license to practice veterinary
medicine by bribery, by fraudulent representations, or through
an error of the department or the board.
       (b) Having a license or the authority to practice
veterinary medicine revoked, suspended, or otherwise acted
against, including the denial of licensure, by the licensing
authority of any jurisdiction, including any agency or
subdivision thereof. The licensing authority’s acceptance of a
veterinarian’s relinquishment of a license, stipulation, consent
order, or other settlement, offered in response to or in
anticipation of the filing of administrative charges against the
veterinarian’s license or authority to practice, shall be
construed as action against the veterinarian’s license or
authority to practice.
       (c) Being convicted or found guilty, regardless of
adjudication, of a crime in any jurisdiction which directly
relates to the practice of veterinary medicine or the ability to
practice veterinary medicine. Any crime which demonstrates a
lack of regard for animal life relates to the ability to
practice veterinary medicine. In addition, crimes relating to
the ability to practice veterinary medicine shall include, but
not be limited to, crimes involving any violation of state or
federal drug laws.
       (d) Making or filing a report or record which the licensee
knows to be false, intentionally or negligently failing to file
a report or record required by state or federal law, willfully
impeding or obstructing such filing, or inducing another person
to impede or obstruct such filing. Such reports or records shall
include only those which are signed in the capacity of a
licensed veterinarian.
       (e) Advertising goods or services in a manner which is
fraudulent, false, deceptive, or misleading in form or content.
       (f) Violating any provision of this chapter or chapter 455,
a rule of the board or department, or a lawful order of the
board or department previously entered in a disciplinary
hearing, or failing to comply with a lawfully issued subpoena of
the department.
       (g) Practicing with a revoked, suspended, inactive, or
delinquent license.
       (h) Being unable to practice veterinary medicine with
reasonable skill or safety to patients by reason of illness,
drunkenness, use of drugs, narcotics, chemicals, or any other
material or substance or as a result of any mental or physical
condition. In enforcing this paragraph, upon a finding by the
secretary, the secretary’s designee, or the probable cause panel
of the board that probable cause exists to believe that the
licensee is unable to practice the profession because of the
reasons stated in this paragraph, the department shall have the
authority to compel a licensee to submit to a mental or physical
examination by a physician designated by the department. If the
licensee refuses to comply with the department’s order, the
department may file a petition for enforcement in the circuit
court of the circuit in which the licensee resides or does
business. The licensee shall not be named or identified by
initials in any other public court records or documents and the
enforcement proceedings shall be closed to the public. The
department shall be entitled to the summary procedure provided
in s. 51.011. A licensee affected under this paragraph shall be
afforded an opportunity at reasonable intervals to demonstrate
that she or he can resume the competent practice for which she
or he is licensed with reasonable skill and safety to patients.
Neither the record of proceedings nor the orders entered by the
board in any proceedings under this paragraph shall be used
against a licensee in any other proceedings.
       (i) Judicially determined mental incompetency. However, a
license suspended for this cause may be reinstated upon legal
restoration of the competency of the individual whose license
was so suspended.
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