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 techniciansâ 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.âSection 474.201, Florida Statutes, is amended to 40 read: 41 474.201âPurpose.âThe 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.âPresent 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: 57 474.202âDefinitions.âAs used in this chapter: 58 (6)ââLicensed veterinary technicianâ 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)ââVeterinary assistantâ 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)ââVeterinary technicianâ 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)ââVeterinary technologistâ means a person who has 71 graduated with a bachelorâs degree from a veterinary technology 72 training program accredited by the CVTEA. 73 (18)ââVeterinary technologyâ 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.âSubsection (3), paragraph (a) of subsection (5), 83 and subsection (7) of section 474.203, Florida Statutes, are 84 amended to read: 85 474.203âExemptions.âThis chapter does not apply to: 86 (3)âA 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)âAny person, or the personâs 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)âAny 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.âSection 474.204, Florida Statutes, is amended to 122 read: 123 474.204âBoard of Veterinary Medicine.â 124 (1)âTo 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)âFive members who are of the board shall be licensed 130 veterinarians. 131 (b)âTwo 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)âTwo 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)âAll provisions of chapter 455 relating to activities 139 of regulatory boards shall apply. 140 Section 5.âSection 474.2071, Florida Statutes, is created 141 to read: 142 474.2071âVeterinary technician licensure by examination.â 143 (1)âA 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)âCompleted the application form. 147 (b)âGraduated 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)âEarned a passing score on the Veterinary Technician 152 National Exam as determined by the American Association of 153 Veterinary State Boards. 154 (d)âDemonstrated 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)âA 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)âCompleted the application form. 163 (b)âDemonstrated 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.âSubsection (3) of section 474.211, Florida 167 Statutes, is amended to read: 168 474.211âRenewal of license.â 169 (3)âThe 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.âSection 474.213, Florida Statutes, is amended to 175 read: 176 474.213âProhibitions; penalties.â 177 (1)âA No person may not shall: 178 (a)âLead 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)âUse the name or title âveterinarianâ when the person 183 has not been licensed under pursuant to this chapter; 184 (c)âPresent as her or his own the license of another; 185 (d)âGive false or forged evidence to the board or a member 186 thereof for the purpose of obtaining a license; 187 (e)âUse or attempt to use a veterinarianâs license which 188 has been suspended or revoked; 189 (f)âKnowingly employ unlicensed persons in the practice of 190 veterinary medicine; 191 (g)âKnowingly conceal information relative to violations of 192 this chapter; 193 (h)âObtain or attempt to obtain a license to practice 194 veterinary medicine by fraudulent representation; 195 (i)âPractice 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)âSell 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)âKnowingly operate a veterinary establishment or 205 premises without having a premise permit issued under s. 206 474.215. 207 (2)âA person may not: 208 (a)âLead 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)âUse the name or title âlicensed veterinary technicianâ 213 when the person has not been licensed under this chapter. 214 (3)(a)(2)âA 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)âA 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.âSection 474.214, Florida Statutes, is amended to 221 read: 222 474.214âDisciplinary proceedings.â 223 (1)âThe following acts shall constitute grounds for which 224 the disciplinary actions in subsection (3) (2) may be taken: 225 (a)âAttempting 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)âHaving 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 authorityâs acceptance of a 233 veterinarianâs 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 veterinarianâs license or authority to practice, shall be 237 construed as action against the veterinarianâs license or 238 authority to practice. 239 (c)âBeing 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)âMaking 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)âAdvertising goods or services in a manner which is 256 fraudulent, false, deceptive, or misleading in form or content. 257 (f)âViolating 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)âPracticing with a revoked, suspended, inactive, or 263 delinquent license. 264 (h)âBeing 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 secretaryâs 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 departmentâs 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)âJudicially determined mental incompetency. However, a