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