Have a legal or regulatory question? The FVMA can help.
QUESTION: When can a signature stamp be used on written scripts?
A: A signature stamp is OK for anything except a Schedule II prescription. Having said that, the DEA’s position is that any prescription for a controlled substance must be manually signed. Also, using a stamp on a Schedule III, IV, or V prescription will most probably result in the pharmacist refusing to fill it. A signature stamp on any other non-controlled medication is acceptable.
QUESTION: Is there any legal requirement for a small animal practice to provide public restrooms to their clients? Over the last couple of months, we have had to call the plumber out three to four times, and we are wondering if we can deny access.
A: Having a restroom is required according to 61G18-15.002(2)(a), which details the minimum standards for premises where veterinary medicine is practiced.
QUESTION: I was recently asked about sink requirements for a new clinic, I was under the belief that each exam room needed a sink but the DBPR states otherwise. Would you be able to explain this interpretation? I know there is an examination/treatment area in the back and then there are the individual exam rooms.
Florida statute describing the minimal practice standards for veterinary clinics:
Examination areas.
a. Clean and orderly.
b. Lined waste receptacle.
c. Sink and disposable towels. Sinks located in restrooms may not be used to satisfy this standard.
A: The minimum standard is to have a sink (one) that is in the examination area. I take this to mean that there must be a working sink in the area where clinical activities take place that requires a sink. Individual exam rooms where clients/patients are initially examined do not require individual sinks, but that is not a bad idea.
QUESTION: We are in the process of streamlining our pharmacy protocols. We wanted to know if we are allowed to email our clients written prescriptions for non-controlled drugs or if we must hand them a physical prescription that they can then take elsewhere, including online pharmacies.
A: I see no reason why you cannot email a signed copy of a prescription for a non-controlled drug that the client can then print out and take to a pharmacy. This is assuming, of course, the prescription meets all the other requirements to be considered a valid prescription.
QUESTION: I bought a clinic in partnership with someone who is not a veterinarian. My partner, with one of the clinic’s certified technicians, is making medical decisions without my approval. Many of these decisions are medically debatable and some of them are totally wrong, such as a veterinary technician consulting and recommending medical treatments without the intervention of a licensed veterinarian. What can I do?
A: You need to consult with an attorney and may end up having to dissolve the partnership. Because you are the “responsible veterinarian” for the clinic, any problems that occur because of poor medical decisions may become your responsibility.
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/FAEP 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.