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 Agriculture
BILL: CS/CS/SB 1370
INTRODUCER: Agriculture Committee; Regulated Industries Committee; and Senator Rodriguez
SUBJECT: Medical Treatment of Animals
DATE: March 17, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. Becker Becker AG Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1370 revises the veterinarian practice act to authorize a veterinarian, consistent with
the veterinarian’s professional judgment, to establish a patient/client relationship with an animal
and its owner remotely by telephone, audio-visual technology, or other means, and to treat and
prescribe prescription drugs in limited circumstances to the animal remotely without the
requirement of a physical examination of the animal. The bill prohibits a veterinarian from
prescribing controlled substances if the patient/client relationship is established remotely,
without a previous physical examination by the veterinarian.
The bill allows employees, agents, or contractors of an animal control authority to administer
rabies vaccinations to impounded animals that will be transferred, rescued, fostered, adopted, or
reclaimed by the owner. Such persons may administer rabies vaccinations under the indirect
supervision of a veterinarian, who must be available for consultation, but need not be at the
premises where the vaccinations are administered. Under the bill, the supervising veterinarian
assumes responsibility for the veterinary care given to the animal by any person working under
the veterinarian’s direction and supervision.
According to the Department of Business and Professional Regulation, the bill has no fiscal
impact on local or state government.1
1
See Department of Business and Professional Regulation, 2021 Agency Legislative Bill Analysis for HB 911 (identical to
SB 1370, pp. 3-4 (Mar. 1, 2021) (on file with Senate Committee on Agriculture).
BILL: CS/CS/SB 1370 Page 2
II. Present Situation:
Veterinary Medicine, the Practice of Veterinary Medicine, and Exempted Persons
In 1979, the Legislature determined the practice of veterinary medicine is 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.2 The Board of
Veterinary Medicine (board) in the Department of Business and Professional Regulation (DBPR)
implements the provisions of ch. 474, F.S., on Veterinary Medical Practice.3 A veterinarian is a
health care practitioner licensed to engage in the practice of veterinary medicine in Florida under
ch. 474, F.S.4
Veterinary medicine includes, with respect to animals:5
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine);6 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.7 Veterinarians who are incompetent or present a danger to the public are subject
to discipline and may be prohibited from practicing in the state.8
Nine categories of persons are exempt from complying with ch. 474, F.S.:9
Faculty veterinarians with assigned teaching duties at accredited10 institutions;
2
See s. 474.201, F.S.
3
See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the board.
4
See s. 474.202(11), F.S.
5
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.”
6
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. 16, 2021).
7
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.
8
See s. 474.213, F.S., on prohibited acts, and s. 474.214, F.S., on disciplinary proceedings.
9
See s. 474.203, F.S.
10
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. 17, 2021). 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
BILL: CS/CS/SB 1370 Page 3
Intern/resident veterinarians at accredited institutions who are graduates of an accredited
institution, but only until they complete or terminate their training;
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 preceptors11 (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 persons12 that conduct experiments and scientific research on animals as
part of the development of pharmaceuticals, biologicals, serums, or treatment methods of
treatment or techniques to diagnose or treatment 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
supervision13 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; and
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.14
equivalency assessment certification program. See
https://www.avma.org/professionaldevelopment/education/foreign/pages/ecfvg-about-us.aspx (last visited Mar. 16, 2021). 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. 16, 2021).
11
A preceptor is a skilled practitioner or faculty member, who directs, teaches, supervises, and evaluates student in a clinical
setting to allow practical experience with patients. See
https://www.merriam-Webster.com/dictionary/preceptor#medicalDictionary (last visited Mar. 16 2021).
12
See s. 474.203(6), F.S., which states that the exemption applies to “[state 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 . . . .”
13
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.
14
See s. 823.15(5), F.S., which authorizes such persons to perform microchipping of dogs and cats.
BILL: CS/CS/SB 1370 Page 4
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.”15
The term “valid veterinarian-client-patient relationship” used in federal regulations issued by the
federal Food and Drug Administration (FDA), a component of the United State Department of
Health and Human Services, is similar to the term defined in s. 474.202(12), F.S.16
The FDA temporarily suspended the enforcement of portions of the federal veterinarian-client-
patient relationship (VCPR) requirements under the FDA regulations. The FDA noted that “[t]he
VCPR is the professional relationship between the veterinarian, client (e.g., animal owner or
caretaker), and the animal patient(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 indicated that it would not be enforcing the
animal examination and premises visit VCPR requirements involving the FDA regulations
governing Extralabel Drug Use in Animals and Veterinary Feed Directive drugs (VFD).19 This
change would allow veterinarians to prescribe drugs in an Extralabel manner or authorize the use
of VFD drugs without direct emanation or visiting the patients.20
The FDA warned that even though the federal requirements were suspended, veterinarians still
needed to consider state VCPR requirements.21
Requirements for Prescribing Medicinal Drugs and Controlled Substances
Section 474.214(1)(y), F.S., sets forth the acts that may subject a veterinarian to disciplinary
proceedings, related to the prescribing of drugs. A veterinarian may not order, prescribe, or make
available medicinal drugs or drugs commonly known as “prescription” or “legend” drugs which
are required by federal or state law to be dispensed only on a prescription, or controlled
substances as defined in ch. 893, F.S.,22 for use other than for the specific treatment of animal
patients for which there is a documented veterinarian/client/patient relationship. The veterinarian
must:
Have sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis
of the animal’s medical condition, meaning the veterinarian is personally acquainted with the
15
See s. 474.202(8), F.S.
16
See 21 C.F.R. s. 530.3 https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=530.3.
17
See Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine During Pandemic, FDA News
Release, March 24, 2020 available at Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine
During Pandemic | FDA (last visited Mar. 16, 2021).
18
Id.
19
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) (last visited Mar. 16, 2021).
20
Id.
21
Id.
22
See s. 893.03, F.S., for the listing of controlled substances regulated under Florida law.
BILL: CS/CS/SB 1370 Page 5
keeping and caring of the animal and has recently seen the animal or has made medically
appropriate and timely visits to the premises where the animal is kept;
Be available or provide for follow up care and treatment if there are adverse reactions or the
regimen of therapy fails; and
Maintain documentation of patient visits, diagnosis, treatment, and other relevant information
required under the veterinary practice act, ch. 474, F.S.23
Rabies Vaccinations
In Florida, all dogs, cats, and ferrets24 four months of age or older must be vaccinated against
rabies at the expense of their owners by a licensed veterinarian.25 Rabies is a fatal but
preventable viral disease that can spread to people and pets bitten or scratched by a rabid
animal.26 According to the Centers for Disease Control and Prevention (CDC), a component of
the United States Department of Health and Human Services, most rabies deaths in people
around the world are caused by dog bites.27 Because of laws in the United States requiring dogs
to be vaccinated for rabies, dogs make up only about one percent of rabid animals reported
nationally each year.28
Rabies vaccines are licensed by the United States Department of Agriculture, and revaccinations
are required 12 months after the initial vaccine.29 Thereafter, the interval between vaccinations is
set by the vaccine manufacturer.30
A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has
examined the animal and certified that vaccination at that time would endanger the animal’s
health because of its age, infirmity, disability, illness, or other medical considerations; however,
an exempt animal must be vaccinated against rabies as soon as its health permits.31
After administering a rabies vaccination, the licensed veterinarian must provide a certificate to
the animal’s owner and the animal control authority, using the “Rabies Vaccination Certificate”
of the National Association of State Public Health Veterinarians (NASPHV), or an equivalent
form approved by the local government that contains the same information as the NASPHV
certificate.32 A signature stamp may be used in lieu of the veterinarian’s actual signature.
An animal owner’s name, street address, phone number, and animal tag number in a rabies
vaccination certificate provided to an animal control authority is a public record exempt from the
23
See s. 474.214(1)(y), F.S.
24
Ferrets that are vaccinated as required must be quarantined when necessary, in accordance with administrative rules of the
Florida Department of Health. See s. 828.30(4), F.S., and Fla. Admin. Code R. 64D-3.040.
25
See s. 828.30, F.S.
26
See https://www.cdc.gov/rabies/index.html (last visited Mar. 16, 2021). In the United States, rabies is mostly found in wild
animals like bats, raccoons, skunks, and foxes. Id.
27
Id.
28
Id.
29
See s. 828.30(1), F.S.
30
Id. Evidence of rabies antibodies may not be substituted for a current vaccination in managing r