Practice Pulse

Have a legal or regulatory question? The FVMA can help.

QUESTION: With the recent change in Florida that animal control (AC) agencies can now legally administer rabies vaccines; how should veterinarians go about issuing rabies certificates? Specifically, if they have a working relationship with the AC agency and they are notifying veterinarians when they administer a rabies vaccine, can they issue the certificate on our behalf with the veterinarians stamped signature, as done in the office? Does the clinic exclusively need to be the one issuing certificates?

ANSWER: Although paragraph (1)(b) was created to allow employees of the animal control authority to provide rabies vaccinations under the indirect supervision of the veterinarian, paragraph (3) still imposes the duty on the veterinarian to provide the certificate and states that the veterinarian who supervises the administration under paragraph (1)(b) may affix his or her signature stamp.

Interpreting both statutes together leads me to conclude that the supervising veterinarian must still issue (and stamp) the certificate. This seems to be intended to protect the public and leave the veterinarian with the responsibility to keep track of how many rabies vaccinations are being provided, the drug lot numbers, etc.

828.30 Rabies Vaccination of Dogs, Cats, and Ferrets

(1)(a) ll dogs, cats, and ferrets 4 months of age or older must be vaccinated by a licensed veterinarian or a person authorized under paragraph (b) against rabies with a vaccine that is licensed by the U.S. Department of Agriculture for use in those species.

(b) cting under the indirect supervision of a veterinarian, an employee, agent, or contractor of a county or municipal animal control authority or sheriff may vaccinate against rabies dogs, cats, and ferrets that are in the custody of an animal control authority or a sheriff and that will be transferred, rescued, fostered, adopted, or reclaimed by the owner. The supervising veterinarian assumes responsibility for any person vaccinating animals in his or her direction or under his or her direct or indirect supervision. As used in this paragraph, the term “indirect supervision” means that the supervising veterinarian is required to be available for consultation through telecommunications but is not required to be physically present during such consultation.

(c) he owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer’s directions. The cost of vaccination must be borne by the animal’s owner. Evidence of circulating rabies virus-neutralizing antibodies may not be used as a substitute for current vaccination in managing rabies exposure or determining the need for booster vaccinations.

(2)  dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined the animal and has certified in writing that, at the time, vaccination would endanger the animal’s health because of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be vaccinated against rabies as soon as its health permits.

(3) pon vaccination against rabies, the licensed veterinarian shall provide the animal’s owner and the animal control authority with a rabies vaccination certificate. Each animal control authority and veterinarian shall use the “Rabies Vaccination Certificate” of the National Association of State Public Health Veterinarians (NASPHV) or an equivalent form approved by the local government that contains all the information required by the NASPHV Rabies Vaccination Certificate. The veterinarian who administers the rabies vaccination or who supervises the administration of the rabies vaccination as provided in paragraph (1)(b) to an animal as authorized under this section may affix his or her signature stamp in lieu of an actual signature

QUESTION: On presentation for a dental, the owner declined a rabies vaccine update, as the owner did not wish to pursue any preventive care in vaccines or preventatives. The owner reports that the patient has a history of seizures; however, they have not been directly linked to the rabies vaccine. Is it legal to pursue elective procedures on patients that are not up to date on rabies vaccines?

ANSWER: To answer this question, I will assume that the animal was properly vaccinated and revaccinated initially. The schedule for any further vaccinations is determined by the vaccine manufacturer’s directions and can be up to three years.

The obligation to have the animal revaccinated is on the owner. There is no statute or rule that prevents a veterinarian from providing treatment to an animal that is not up to date on its vaccination status. Having stated the above, the client should be informed that revaccination for rabies is not optional; the law requires the owner to do it. When the animal was first vaccinated against rabies, the law required the veterinarian to submit a rabies vaccination certificate to the owner and the local animal control authority. Based on the previously submitted information, the local animal control authority may follow up with the owner.

One of the benefits of an FVMA/FAEP 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.