Keeping you updated on regulatory and legislative changes affecting veterinary medicine.
QUESTION: We are getting many clients that do not want to give their animals rabies vaccines. How do you recommend dealing with it? We have explained the legality part, health risks, and advised their animal would have to be muzzled for all procedures and quarantined if he/ she bit someone. Owners get mad and frustrated with us. Are we supposed to be enforcing rabies vaccination laws? Should we tell them to go elsewhere?
A: Rabies vaccinations are not optional. They are required by law. The best way for veterinarians to handle clients that fight them over administering a rabies vaccine is to tell them that you (the veterinarian) can be disciplined by the Board of Veterinary Medicine for “failing to perform any statutory or legal obligation placed upon a licensee” and that you are not willing to jeopardize your license, and that they need to seek treatment elsewhere if they are unwilling to comply.
QUESTION: Our hospital frequently receives phone calls from local brand-name pharmacies (Walgreens/CVS) that claim it is a legal requirement to have the DEA number written on the prescription for non-controlled substances provided to the client, which is then dropped off at the pharmacy. Our hospital currently uses a “call if needed” stamp in lieu of writing the DEA number on the script handed to the client. Is it a legal requirement to have the DEA number written on a prescription for a noncontrolled substance?
A: There is no legal requirement to show a DEA registration number on a prescription for a non-controlled substance. Unfortunately, many pharmacies use DEA numbers because their computer software has an entry for them, and they use them as identifying information for the prescriber. This is something that the pharmacies are insisting on, but there is little a veterinarian can do other than suggest to their clients that they use another pharmacy.
QUESTION: I wanted clarification on control drugs
c3 and c4. Can we write a prescription, and can it have
refills? One of my staff members says that you cannot write refills, but I found this in the 2023 Florida Statutes: “A prescription for a controlled substance listed in Schedule III, Schedule IV, or Schedule V may not be filled or refilled more than five times within a period of 6 months after the date on which the prescription was written unless the prescription is renewed by a practitioner.” Please let me know your thoughts.
A: The quoted language from the Florida Statutes is correct. A prescription for a Schedule III, IV, or V can show five refills (not to exceed six months after the original prescription was written). A Schedule II cannot have authorized refills.
QUESTION: Does a mobile, mixed-practice veterinarian need to have an HCCE permit? I only take my vehicle out into the field for large animal patients.
A: If you are a solo practitioner, you do not need an HCCE permit. However, you may have issues buying drugs from some wholesalers that require the HCCE as part of the transaction.
QUESTION: We have a new DVM starting at our clinic.
She will be working under our current doctor’s license
while she is awaiting her state test results. Are there any
limitations to what she is legally able to do?
A: The new DVM can practice veterinary medicine
under the immediate (on-premises, not over the shoulder)
supervision of a licensed veterinarian.
(5) An unlicensed Doctor of Veterinary Medicine who has graduated from an approved college or school of veterinary medicine and has completed all parts of the examination for licensure is permitted, while awaiting the results of such examination for licensure or while awaiting issuance of the license, to practice under the immediate supervision of a licensed veterinarian. A person who fails any part of the examination may not continue to practice, except in the same capacity as other non-licensed veterinary employees, until she or he passes the examination and is eligible for licensure.
However, the statute indicates that only a veterinarian (which is defined elsewhere as a licensed veterinarian) can administer immunizations that are communicable to humans.
5)(a) Any person, or the person’s regular employee, administering to the ills or injuries of her or his own animals, including, but not limited to, castration, spaying, and dehorning of herd animals, unless title is transferred, or employment provided for the purpose of circumventing this law. This exemption does not apply to any person licensed as a veterinarian in another state or foreign jurisdiction and practicing temporarily in this state. However, only a veterinarian may immunize or treat an animal for diseases communicable to humans and of public health significance.
QUESTION: I am setting up new veterinary software, and my implementor asked me what needs to be on the prescription labels for medication dispensing for Florida. Could you assist in this matter please?
A: All containers must be labeled with: The name of the drug – Strength and quantity of the drug – Expiration date – Instructions as to the use of the drug – The name and species of animal for which the drug is intended to be administered – The last name of the animal’s owner – The name, address, and telephone number of the veterinarian prescribing the drug. If is a controlled substance, the following needs to be included: – Practice name and address – Serial (prescription) number – The name of the patient – The name of the prescribing practitioner – Directions for use – Cautionary statements such as: “CAUTION: Federal Law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed.”
One of the benefits of an FVMA membership is our helpline (800-992-3862), which is available to members Monday through Friday from 8 a.m.-5 p.m. Our helpline also provides insight to the FVMA staff of the challenges and concerns of our members. In this feature, we will highlight topics from the questions we received in preceding weeks as a part of an effort to keep our members up to date on current concerns, as well as regulatory and legislative changes.