Bill Amendment: FL S1040 | 2024 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Veterinary Practices

Status: 2024-03-04 - Laid on Table, refer to HB 849 [S1040 Detail]

Download: Florida-2024-S1040-Senate_Committee_Amendment_141662.html

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       Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1040
       
       
       
       
       
       
                                Ì141662#Î141662                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Regulated Industries (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 27 - 62
    4  and insert:
    5         Section 1. Subsection (14) is added to section 474.202,
    6  Florida Statutes, to read:
    7         474.202 Definitions.—As used in this chapter:
    8         (14) “Veterinary telehealth” means the use of synchronous
    9  or asynchronous telecommunications technology by a telehealth
   10  provider to provide health care services, including, but not
   11  limited to, assessment, diagnosis, consultation, treatment, and
   12  monitoring of a patient; transfer of medical data; patient and
   13  professional health-related education; public health services;
   14  and health administration. The term does not include e-mail
   15  messages or facsimile transmissions.
   16         Section 2. Section 474.2021, Florida Statutes, is created
   17  to read:
   18         474.2021 Veterinary telehealth.—
   19         (1) This section may be cited as the “Providing Equity in
   20  Telehealth Services Act.”
   21         (2) A veterinarian who holds a current license to practice
   22  veterinary medicine in this state may practice veterinary
   23  telehealth.
   24         (3) The board has jurisdiction over a veterinarian
   25  practicing veterinary telehealth, regardless of where the
   26  veterinarian’s physical office is located. The practice of
   27  veterinary medicine is deemed to occur at the premises where the
   28  patient is located at the time the veterinarian practices
   29  veterinary telehealth.
   30         (4) A veterinarian practicing veterinary telehealth:
   31         (a) May not engage in the practice of veterinary telehealth
   32  unless it is within the context of a veterinarian/client/patient
   33  relationship;
   34         (b) Must practice in a manner consistent with his or her
   35  scope of practice and the prevailing professional standard of
   36  practice for a veterinarian who provides in-person veterinary
   37  services to patients in this state;
   38         (c) May use veterinary telehealth to perform a patient
   39  evaluation if the evaluation is conducted using synchronous,
   40  audiovisual communication. If a veterinarian practicing
   41  telehealth conducts a patient evaluation sufficient to diagnose
   42  and treat the patient, the veterinarian is not required to
   43  research a patient’s medical history or conduct a physical
   44  examination of the patient before using veterinary telehealth to
   45  provide a veterinary health care service to the patient;
   46         (d) Shall provide the client with a statement containing
   47  the veterinarian’s name, license number, and contact information
   48  and the contact information for at least one physical veterinary
   49  clinic in the vicinity of the pet’s location and instructions
   50  for how to receive patient follow-up care or assistance if the
   51  veterinarian and client are unable to communicate because of a
   52  technological or equipment failure or if there is an adverse
   53  reaction to treatment. The veterinarian shall obtain from the
   54  client a signed and dated statement indicating the client has
   55  received the required information;
   56         (e) Shall prescribe all drugs and medications in accordance
   57  with all federal and state laws and the following requirements:
   58         1. A veterinarian practicing veterinary telehealth may
   59  order, prescribe, or make available medicinal drugs or drugs
   60  specifically approved for use in animals by the United States
   61  Food and Drug Administration, the use of which conforms to the
   62  approved labeling. Prescriptions based solely on a telehealth
   63  evaluation may be issued for up to 1 month for parasite
   64  treatment and prevention medications and up to 14 days for other
   65  animal drugs.
   66         2. A veterinarian practicing veterinary telehealth may not
   67  order, prescribe, or make available medicinal drugs or drugs as
   68  defined in s. 465.003 approved by the United States Food and
   69  Drug Administration for human use, including compounded
   70  antibacterial, antifungal, antiviral, or antiparasitic
   71  medications, unless the veterinarian has conducted an in-person
   72  physical examination of the animal or made medically appropriate
   73  and timely visits to the premises where the animal is kept.
   74         3. A veterinarian may not use veterinary telehealth to
   75  prescribe a controlled substance as defined in chapter 893
   76  unless the veterinarian has conducted an in-person physical
   77  examination of the animal or made medically appropriate and
   78  timely visits to the premises where the animal is kept.
   79         4. A veterinarian practicing veterinary telehealth may not
   80  prescribe a drug or other medication for use on a horse engaged
   81  in racing or training at a facility under the jurisdiction of
   82  the Florida Gaming Control Commission or on a horse that is a
   83  covered horse as defined in the federal Horseracing Integrity
   84  and Safety Act, 15 U.S.C. ss. 3051 et seq.;
   85         (f) Shall be familiar with available veterinary resources,
   86  including emergency resources, near the patient’s location and
   87  be able to provide the client with a list of nearby
   88  veterinarians who may be able to see the patient in person upon
   89  the request of the client;
   90         (g) Shall keep, maintain, and make available a summary of
   91  the patient record as provided in s. 474.2165; and
   92         (h) May not use veterinary telehealth to issue an
   93  international or interstate travel certificate or a certificate
   94  of veterinary inspection.
   95  
   96  ================= T I T L E  A M E N D M E N T ================
   97  And the title is amended as follows:
   98         Delete lines 2 - 6
   99  and insert:
  100         An act relating to veterinary practices; amending s.
  101         474.202, F.S.; defining the term “veterinary
  102         telehealth”; creating s. 474.2021, F.S.; providing a
  103         short title; authorizing licensed veterinarians to
  104         practice veterinary telehealth in accordance with
  105         specified criteria; specifying the powers