The proposed rule amendment will implement new statutory provisions of Ch. 2024-258, Laws of Florida (HB 303), and to clarify and revise the rule as necessary.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Veterinary Medicine

RULE NO.:RULE TITLE:

61G18-30.001Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendment will implement new statutory provisions of Ch. 2024-258, Laws of Florida (HB 303), and to clarify and revise the rule as necessary.

SUMMARY: The proposed rule amendment will implement new statutory provisions, clarify and revise the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 455.2273(1), 474.206 FS.

LAW IMPLEMENTED: 455.2273, 474.213, 474.214 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ruthanne Christie, Executive Director, Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, FL 32399-0751, N13, or by electronic mail - [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G18-30.001 Disciplinary Guidelines.

(1) No change.

(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines:

(a) through (pp) No change.
(qq) Order, prescribe, or make available medicinal drugs or drugs as  defined in s. 465.003 approved by the United States Food and Drug Administration for human use or compounded antibacterial, antifungal, antiviral, antiparasitic medications without having conducted an in-person physical examination of the animal or made medically appropriate and timely visits to the premises where the animal is kept. ( s. 474.2021(4)(e) 2, F.S.)	For violations involving medicinal drugs or drugs defined in Chapter 465 F.S., the usual action of the Board shall be to impose a penalty ranging from a reprimand up to one (1) year suspension followed by one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty from one (1)  to two (2) years suspension followed by two (2) years probation and an administrative from three thousand dollars ($3,000) to five thousand dollars ($5,000.00). For violations involving controlled substances as defined in Chapter 893, F.S., the usual action of the Board shall be to impose a penalty of two (2) year suspension to revocation and an administrative fine of three thousand dollars ($3,000) to four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of four thousand dollars ($4,000) to five thousand dollars ($5,000.00) and 5 year suspension to revocation.
(rr) Using veterinary telehealth to prescribe a controlled substance as defined in chapter 893 unless the veterinarian has conducted an in-person physical  examination of the animal or made medically appropriate and timely visits within the past year to the premises where the animal is kept. (s. 474.2021(4)(e) 3, F.S.)	The usual action of the Board shall be to impose a penalty of an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) and one (1) to two (2) years probation. For a second or subsequent offense, the usual action of the Board Board shall be to impose a penalty two (2) years probation up to one (1) year suspension and an administrative fine of four thousand ($4,000) to five thousand dollars ($5,000.00).
(ss) Using veterinary telehealth to prescribe a drug or other medication for use on a horse engaged in racing or training at a facility under the jurisdiction of  the Florida Gaming Control Commission or on a horse that is a covered horse as defined in the federal Horseracing Integrity  and Safety Act, 15 U.S.C. ss. 3051 et seq.  (s. 474.2021(4)(e) 4, F.S.)	The usual action of the Board shall be to impose a penalty ranging from a reprimand and an adminstrative fine of two thousand dollars ($2,000.00) to three thousand dollars ($3,000). For a second or subsequent offense, the usual action of the Board shall be to impose two (2) years probation up to two (2) years suspension followed by two (2) years probation and an administrative fine of four thousand dollars ($4,000) to five thousand dollars ($5,000.00).
(tt) Using veterinary telehealth to issue an international or interstate travel certificate or a certificate  of veterinary inspection. (s. 474.2021(4)(h) , F.S.)	The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension followed by one (1) year probation an administrative fine of three thousand dollars ($3,000.00)  up to revocation and a fine of five thousand dollars ($5,000). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a three (3) year suspension and an administrative fine of five thousand dollars ($5,000.00) up to  revocation and a fine of five thousand dollars ($5,000).

(3) through (7) No change. 

Rulemaking Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06, 8-20-09, 2-24-14, 11-2-20, 1-3-21,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Veterinary Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Veterinary Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 19, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 7, 2024