Bill Text: FL H0479 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Animal Control

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-03-07 - Ordered enrolled -HJ 1178 [H0479 Detail]

Download: Florida-2012-H0479-Introduced.html
HB 479

1
A bill to be entitled
2An act relating to animal control; amending s.
3828.055, F.S.; requiring that the Board of Pharmacy
4adopt rules relating to the issuance of permits
5authorizing the purchase, possession, and use of
6certain controlled substances and legend drugs
7necessary for the euthanasia and chemical
8immobilization of animals; authorizing the Board of
9Pharmacy, at the request of the Board of Veterinary
10Medicine, to adopt a rule to increase the number of
11controlled substances and legend drugs available to
12euthanize injured, sick, or abandoned domestic animals
13or to chemically immobilize such animals; providing
14that only certain persons are authorized to possess
15and use such drugs while operating in the scope of
16their employment or official duties; amending s.
17828.058, F.S.; restricting the use of intracardial
18injection to an unconscious animal; prohibiting the
19delivery of a lethal solution or powder by adding it
20to food; amending s. 381.0031, F.S.; requiring that an
21animal control officer, a wildlife officer, and an
22animal disease diagnostic laboratory report knowledge
23of any animal bite, any diagnosis or suspicion of a
24grouping or clustering of animals having similar
25disease, or any symptom or syndrome that may indicate
26the presence of a threat to humans; providing an
27effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 828.055, Florida Statutes, is amended
32to read:
33     828.055  Controlled substances and legend drugs Sodium
34pentobarbital; permits for use in euthanasia of domestic
35animals.-
36     (1)  The Board of Pharmacy shall adopt rules providing for
37the issuance of permits authorizing the purchase, possession,
38and use of controlled substances and legend drugs, including of
39sodium pentobarbital and sodium pentobarbital with lidocaine
40tiletamine hydrochloride, alone or combined with zolazepam
41(including Telazol), xylazine (including Rompun), ketamine,
42acepromazine maleate (also acetylpromazine, and including
43Atravet or Acezine 2), alone or combined with etorphine
44(including Imobilon), yohimbine hydrochloride, alone or combined
45with atipamezole (including Antisedan), by county or municipal
46animal control agencies or humane societies registered with the
47Secretary of State for the purpose of euthanizing injured, sick,
48or abandoned domestic animals that which are in their lawful
49possession or for the purpose of chemically immobilizing the
50animals. The rules shall set forth guidelines for the proper
51storage and handling of these drugs sodium pentobarbital and
52sodium pentobarbital with lidocaine and such other provisions as
53may be necessary to ensure that the drugs are used solely for
54the purpose set forth in this section. The rules shall also
55provide for an application fee not to exceed $50 and a biennial
56renewal fee not to exceed $50. At the request and recommendation
57of the Board of Veterinary Medicine, the Board of Pharmacy may
58adopt a rule to increase the number of controlled substances and
59legend drugs available to euthanize injured, sick, or abandoned
60domestic animals or to chemically immobilize such animals upon a
61finding that such additions are necessary for the humane and
62lawful treatment of those animals.
63     (2)  Any county or municipal animal control agency or any
64humane society registered with the Secretary of State may apply
65to the Department of Business and Professional Regulation for a
66permit to purchase, possess, and use these drugs sodium
67pentobarbital or sodium pentobarbital with lidocaine pursuant to
68subsection (1). Upon certification by the board that the
69applicant meets the qualifications set forth in the rules, the
70department shall issue the permit. The possession and use of
71these drugs is limited to those employees or agents of the
72permittee certified in accordance with s. 828.058 or s. 828.27
73while operating in the scope of their employment or official
74duties with the permittee.
75     (3)  The board may revoke or suspend the permit upon a
76determination that the permittee is using any of these drugs
77sodium pentobarbital or sodium pentobarbital with lidocaine for
78any purpose other than that set forth in this section or if the
79permittee fails to follow the rules of the board regarding
80proper storage and handling.
81     Section 2.  Subsection (1) of section 828.058, Florida
82Statutes, is amended to read:
83     828.058  Euthanasia of dogs and cats.-
84     (1)  Sodium pentobarbital, a sodium pentobarbital
85derivative, or other agent that the Board of Veterinary Medicine
86may approve by rule shall be the only methods used for
87euthanasia of dogs and cats by public or private agencies,
88animal shelters, or other facilities that operate which are
89operated for the collection and care of stray, neglected,
90abandoned, or unwanted animals. A lethal solution shall be used
91in the following order of preference:
92     (a)  Intravenous injection by hypodermic needle;
93     (b)  Intraperitoneal injection by hypodermic needle; or
94     (c)  If the dog or cat is unconscious with no corneal
95reflex, intracardial injection by hypodermic needle.; or
96     (d)  Solution or powder added to food.
97     Section 3.  Section 381.0031, Florida Statutes, is amended
98to read:
99     381.0031  Public health surveillance and investigation
100Report of diseases of public health significance to department.-
101     (1)  Any practitioner licensed in this state to practice
102medicine, osteopathic medicine, chiropractic medicine,
103naturopathy, or veterinary medicine; any hospital licensed under
104part I of chapter 395; or any laboratory licensed under chapter
105483 which that diagnoses or suspects the existence of a disease
106of public health significance shall immediately report the fact
107to the Department of Health.
108     (2)  Periodically the department shall issue a list of
109infectious or noninfectious diseases that the department
110determines determined by it to be a threat to public health and
111therefore of significance to public health and shall furnish a
112copy of the list to the practitioners listed in subsection (1).
113     (3)  Reports required by this section must be in accordance
114with methods specified by rule of the department.
115     (4)  Information submitted in reports required by this
116section is confidential, exempt from the provisions of s.
117119.07(1), and is to be made public only when necessary to
118public health. A report so submitted is not a violation of the
119confidential relationship between practitioner and patient.
120     (5)  The department may obtain and inspect copies of
121medical records, records of laboratory tests, and other medical-
122related information for reported cases of diseases of public
123health significance described in subsection (2). The department
124shall examine the records of a person who has a disease of
125public health significance only for purposes of preventing and
126eliminating outbreaks of disease and making epidemiological
127investigations of reported cases of diseases of public health
128significance, notwithstanding any other law to the contrary.
129Health care practitioners, licensed health care facilities, and
130laboratories shall allow the department to inspect and obtain
131copies of such medical records and medical-related information,
132notwithstanding any other law to the contrary. Release of
133medical records and medical-related information to the
134department by a health care practitioner, licensed health care
135facility, or laboratory, or by an authorized employee or agent
136thereof, does not constitute a violation of the confidentiality
137of patient records. A health care practitioner, health care
138facility, or laboratory, or any employee or agent thereof, may
139not be held liable in any manner for damages and is not subject
140to criminal penalties for providing patient records to the
141department as authorized by this section.
142     (6)  An animal control officer operating under s. 828.27, a
143wildlife officer operating under s. 379.3311, and an animal
144disease diagnostic laboratory operating under s. 585.61 shall
145report knowledge of any animal bite, any diagnosis or suspicion
146of a grouping or clustering of animals having similar disease,
147or any symptom or syndrome that may indicate the presence of a
148threat to humans.
149     (7)(6)  The department may adopt rules related to reporting
150diseases of significance to public health, which must specify
151the information to be included in the report, who is required to
152report, the method and time period for reporting, requirements
153for enforcement, and required followup activities by the
154department which are necessary to protect public health.
155
156This section does not affect s. 384.25.
157     Section 4.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.
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