FVMA Legislative Update:
What We’ve Done, What’s Happening Now, and What We’re Going to Do

At the Florida Veterinary Medical Association (FVMA), we take pride in our role as the foremost advocate for animal welfare in the state. In this capacity, we strive to protect and support animals with the same dedication and commitment as our individual veterinary professionals, including bolstering crucial lobbying initiatives that impact our members, their patients, and the veterinary profession as a whole.

Through our Political Action Committee (PAC), we rally support from our valued members and keep you informed on the latest veterinary legislation. Here is a snapshot of what we’ve been working on and what you need to know.

VETERINARY TELEHEALTH IN FLORIDA
The FVMA was instrumental in shaping the language of House Bill 849, recently signed into law by Governor DeSantis on June 21, 2024. Recognizing, that even with our best efforts to completely block the legislation, that it was inevitable this bill would pass through the Florida Legislature, the FVMA strategically intervened to ensure the new regulations on veterinary telehealth would not hinder the current practices and standards of veterinary care in the state. This proactive engagement allowed the incorporation of specific amendments that helped align the bill with the best interests of veterinarians
and their patients.

Key provisions in the amended bill reflect the FVMA’s efforts to balance the advancement of telehealth with necessary safeguards. Notably, the legislation permits the establishment of a virtual Veterinarian/Client/Patient Relationship (VCPR), a significant departure from the previously required in person examinations. However, stringent restrictions accompany this provision to maintain the integrity and safety of veterinary care. Most notably, a virtual VCPR cannot be established through audio-only calls, text messages, questionnaires, chatbots, or similar methods. Instead, the virtual VCPR must be established through a synchronous audiovisual communication channel, such as live video. Additionally, veterinarians are prohibited from prescribing off-label, human or animal controlled substances substances through telehealth when the VCPR is established virtually.

The FVMA also secured several other wins in this telehealth bill. These include allowing only a one-time 14-day prescription of routine animal medications and only up to one month of solely flea and tick medication without requiring an in-person visit while prohibiting the prescription of heartworm medication without the proper testing and in-person physical examination. These measures ensure that while telehealth is accessible, it does not compromise the quality of care and the safety of our patients.

The FVMA understands there are persisting concerns over certain aspects of the virtual VCPR, particularly when it comes to prescribing antibiotics, and the accountability associated with that power. That is why the FVMA continues to collaborate with Sen. Bradley and the American Veterinary Medical Association (AVMA) to introduce further amendments aimed at preventing entities from exploiting the law. This ongoing effort underscores the FVMA’s commitment to safeguarding veterinary standards and the welfare of animals across Florida.

The FVMA’s strategic involvement and advocacy have been instrumental in shaping a balanced telehealth framework that respects both innovation and caution. By ensuring that telehealth practices are regulated with careful consideration, the FVMA has set a precedent for how professional associations can influence legislative processes to benefit their field and community.

Here is a list of additional requirements and restrictions so you can stay current on the state’s regulatory mandates regarding veterinary telehealth:

• The veterinarian must hold a current Florida license.
• The activity must be within the context of a VCPR.
• The veterinarian shall practice in a manner consistent with his or her scope of practice and prevailing standard of care.
• The veterinarian shall employ sound professional judgment to determine if telehealth is appropriate for the patient at that time.
• The Florida Board of Veterinary Medicine has jurisdiction over a veterinarian regardless of their physical office location.
• The practice of veterinary medicine is deemed to occur when the veterinarian, the patient, or both are located in the state when practicing telehealth.
• The veterinarian may not prescribe medication for use in horses engaged in racing or training at a facility under the jurisdiction of the Florida Gaming Control Commission or a covered horse as defined in the federal Horseracing Integrity Act.
• The veterinarian shall be familiar with available veterinary resources, including emergency resources near the patient’s location, and provide a list to the client if requested.
• The veterinarian shall keep, maintain, and make available a summary of the patient’s record as provided in s. 474.2165.
• The veterinarian may not use telehealth to issue international or interstate travel certificates or certificates of veterinary inspection.
• The veterinarian shall prescribe all drugs and medications in accordance with all state and federal laws.

XYLAZINE
Xylazine is currently classified as a Class I drug in Florida but is not controlled at the national level. New federal legislation aims to reclassify it as a Class III controlled substance, a move supported by both the House and Senate. In response, the Florida Veterinary Medical Association (FVMA) introduced a bill in both state chambers to maintain the drug’s current status but exempt it from restrictions for veterinary use, mirroring an original House bill in Congress. However, progress was halted after the bill was heard in one Senate committee due to concerns from the Attorney General’s office, effectively stopping the bill’s advancement. Currently, the FVMA urges all veterinarians to store and document their current supply of this medication, as well as keep a detailed log of prescriptions as they would with any other controlled substance. The FVMA is continuing communication with the Attorney General’s office as well as monitoring the Federal Legislation efforts by the AVMA to provide veterinarians a reasonable and agreed upon resolution to the Xylazine issue.

VETERINARY PROFESSIONAL ASSOCIATES
Last year’s bills HB 1245 and SB 1038 attempted to create a Veterinary Professional Associates (VPAs) designation based on completion of a master’s degree program which would empower these individuals to perform all veterinary duties, except prescribing medication and conducting major surgeries; however, it would include sterilization and dental surgeries without a veterinarian being present. Currently, no such programs exist in the US and no standards of accreditation, testing and licensing exist. The VPA bill passed all House committees but was blocked in the Senate in 2024 due to the efforts of the FVMA. The return of this legislation remains a primary concern for the upcoming year as it impacts veterinary practice scope and oversight necessary for animal safety and care.

The FVMA supports elevating credentialed veterinary technicians to fill the increased needs within a veterinary practice as opposed to the misguided VPA proposal. We are currently working with the Florida Veterinary Technician Association (FVTA) on licensure language and have scheduled meetings with state representatives to address objections and potential practice act changes regarding licensed veterinary technicians in the state of Florida. This step recognizes the trust we have in our current CVTs’ skills and talents and proposes allowing special advanced tasks for licensed veterinary technicians while not negatively affecting current practices.

RABIES VACCINATIONS IN SHELTERS
A significant legislative change now permits municipal shelter or sheriff’s employees to administer rabies vaccinations to shelter-possessed animals under indirect veterinary supervision, with the veterinarian available by phone. This bill passed all committees in both the House and Senate and was signed into law by the governor. Effective July 1, 2024, this law streamlines shelter vaccination processes and enhances animal care efficiency while ensuring veterinary oversight. The overseeing veterinarian is still responsible for signing the rabies certificate and assumes all responsibility.

CONTINUING EDUCATION REQUIREMENTS
Senate Bill 382 changed continuing education (CE) requirements for those professions regulated by the DBPR. It went completely unnoticed by the legislature that veterinarians were included in these professions, as we are the only medical profession licensed under the DBPR instead of the Department of Health. The DBPR regulates many professions, most of which do not have rapidly changing information to be absorbed into their daily businesses, so the CE change made logical sense for most. However, veterinarians do not logically fall into this group and were mistakenly not excluded. This bill allows all CE to be completed virtually and eliminates CE requirements for veterinarians licensed for over ten years without disciplinary actions. These changes significantly impact our profession. We are currently in discussions with the bill’s sponsor, Senator Ed Hooper, to amend these provisions in the next legislative session from March 4, 2025, to May 2, 2025. We encourage all veterinarians to continue seeking their CE hours as usual.

Your commitment to FVMA’s legislative efforts makes all the difference. Thank you for your dedication and support.