Enhance the requirement for provision of services and service hours

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Veterinary Medicine

RULE NO.:RULE TITLE:
61G18-15.007Minimum Standards for Limited-Service Veterinary Medical Practices
PURPOSE AND EFFECT: Enhance the requirement for provision of services and service hours
SUMMARY: The intent of proposed Rule 61G18-15.007, F.A.C., is to enhance the requirements related to the provision of services at limited service veterinary clinics as well as the hours of operation.
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 been prepared by the agency.
The following is a summary of the SERC:
• The rule is not likely to raise the price of goods and services.
• The rule is not likely to add regulation that is not present in other states or markets.
• The rule is not likely to reduce the quality of goods and services
• The rule is not likely to cause Florida businesses to reduce workforce.
• The rule is not likely to increase regulatory costs.
• The rule is not likely to make illegal any product or service that is currently legal.
• There are approximately 80 limited service medical practice permit holders.
• No good faith written proposals for a lower cost regulatory alternative to the proposed rule were received.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.
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: 474.206, 474.215 FS.
LAW IMPLEMENTED: 474.215 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: March 5, 2013, 1:00 p.m.
PLACE: Embassy Suites Hotel, 1100 SE 17th Street, Ft. Lauderdale, FL 33316
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Division of Professions, Board of Veterinary Medicine, 1940 N. Monroe Street, Tallahassee, FL 32399-0783

THE FULL TEXT OF THE PROPOSED RULE IS:

61G18-15.007 Minimum Standards for Limited-Service Veterinary Medical Practices.

(1) The term “limited-service veterinary medical practice” shall mean a privately or publicly supported vaccination clinic where a veterinarian performs for a limited time vaccinations and/or immunizations against disease on multiple animals, and where the veterinarian may also perform preventative procedures for parasitic control, and shall not mean a premise otherwise permitted by the Board. With regard to operation of limited-service veterinary medical practice, the term “limited time,” shall mean no more often than once every two (2) weeks and no more than four (4) hours in any one day for any single location where a vaccination clinic is held.

(2) through (3) No change.

(4)  All locations where limited-service veterinary medicine is practiced must have or comply with the following:

(a)  Legible sign to identify permit holder and a legible sign to identify the veterinarian(s) on site by name and license number.

(b) through (f) No change.

(g) A sink with fFresh, clean running water, disposable towels, and soap for cleaning and first aid; disposable towels and soap must be provided within ten (10)  feet of the examination area.  Sinks located in restrooms may not be used to satisfy this requirement.

(h) through (j) No change.

(k) Proper handling of vaccinations, biologics, pharmaceuticals and supplies: Facilities must be provided for proper storage, safekeeping and preparation of pharmaceuticals in accordance with federal, state, and local laws. If controlled substances are on the premises, they must be kept in a locking, secure cabinet for storage and an accurate controlled substance log must be maintained. All pharmaceuticals and biologics shall be maintained at the temperature recommended by the manufacturer in a refrigeration device that is powered by a stable energy source and is capable of maintaining a constant temperature. A thermometer shall be included where the pharmaceuticals are being stored.

(l) through (o) No change.

(5) With regard to operation of limited-service veterinary medical practice, the term “limited time,” shall mean no more often than once every two (2) weeks and no more than four (4) hours in any one day for any single location where a vaccination clinic is held unless the following additional conditions are met in which case the available hours shall be expanded from four (4) to eight (8) in any one day within the two (2) week period:

(a) The limited service clinic is held inside a climate controlled building which meet all local building and life safety ordinances;

(b) The limited service clinic provider has been operating in such capacity in this State for no less than five (5) years;

(c) The limited service clinic provider has not had their license either suspended or revoked in this or any other state;

(d) The limited service clinic provider possesses professional liability coverage in the amount of  $1,000,000 for each occurrence and  $2,000,000 in the aggregate as well as an umbrella policy of $3,000,000 for each occurrence and $3,000,000 in the aggregate.

Rulemaking Specific Authority 474.206, 474.215 FS. Law Implemented 474.215 FS. History–New 3-16-95, Amended 7-7-96, __________.

 
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: February 1, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 26, 2012