● Patient : Any animal for which the veterinarian practices veterinary medicine. ● Practice of veterinary medicine : Diagnosing the medical condition of animals and prescribing, dispensing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease thereof; performing any manual procedure for the diagnosis of or treatment for pregnancy or fertility or infertility of animals; or representing oneself by the use of titles or words, or undertaking, offering, or holding oneself out, as performing any of these functions. The term includes the determination of the health, fitness, or soundness of an animal. ● Responsible supervision or words of similar purport : The control, direction, and regulation by a licensed doctor of veterinary medicine of the duties involving veterinary services which she or he delegates to unlicensed personnel. ● Veterinarian : A health care practitioner who is licensed to engage in the practice of veterinary medicine in Florida. ● Veterinarian/client/patient relationship : A relationship where the veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and its need for medical treatment. ● Veterinary medicine : Includes, with respect to animals, surgery, acupuncture, obstetrics, dentistry, physical therapy, radiology, theriogenology, and other branches or specialties of veterinary medicine. Some licensees may be exempt from applying this chapter to their profession. Chapter 474.203 lists 10 categories of licensees who are exempt from Chapter 474. They are primarily faculty, students, and interns practicing or studying in schools. An individual employed by the state or federal government, or hired on a part-time basis, or as a veterinary aide, may be exempt, also. A paramedic or emergency medical technician may provide medical care on an emergency basis to a police canine injured in the line of duty. People and their employees may perform functions such as castrating and dehorning their own herd animals, although they may not immunize or treat their animals for diseases that are communicable to humans or that could be a public health threat. For details on exemptions, please consult the statute. Prohibitions; Penalties. (s. 474.213) To protect Floridians from fraudulent and deceptive practices, this chapter lists violations and penalties for prohibited acts which are of vital concern to the board. No person shall: (a) Lead the public to believe that such person is licensed as a veterinarian, or is engaged in the licensed practice of veterinary medicine, without such person holding a valid, active license. (b) Use the name or title “veterinarian” when the person has not been licensed. (c) Present as her or his own the license of another. (d) Give false or forged evidence to the board or a member thereof for the purpose of obtaining a license. (e) Use or attempt to use a veterinarian’s license which has been suspended or revoked. (f) Knowingly employ unlicensed persons in the practice of veterinary medicine. (g) Knowingly conceal information relative to violations. (h) Obtain or attempt to obtain a license to practice veterinary medicine by fraudulent representation. (i) Practice veterinary medicine in this state, unless the person holds a valid, active license to practice veterinary medicine. (j) Sell or offer to sell a diploma conferring a degree from a veterinary school or college, or a license issued pursuant to this chapter, or procure such diploma or license with the intent that it shall be used as evidence of that which the document stands for by a person other than the one upon whom it was conferred or to whom it was granted.
(k) Knowingly operate a veterinary establishment or premises without having a premises permit. A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Disciplinary Proceedings (s. 474.214) The disciplinary statutes have not changed since 2000. In addition to the previous prohibited acts mentioned, there are a number of prohibited dealings that impose some type of disciplinary action. For the complete list of disciplinary proceedings, please consult the statute. Several activities warranting disciplinary measures are as follows: ● Attempting to procure a license to practice veterinary medicine by bribery, by fraudulent representations, or through an error of the department or the board. ● Having a license or the authority to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure. ● Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of veterinary medicine or the ability to practice veterinary medicine. Any crime which demonstrates a lack of regard for animal life relates to the ability to practice veterinary medicine. In addition, crimes relating to the ability to practice veterinary medicine shall include, but not be limited to, crimes involving any violation of state or federal drug laws. ● Failing to maintain accurate records or reports as required. ● Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. ● Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content. ● Paying or receiving kickbacks, rebates, bonuses, or other remuneration for receiving a patient or client or for referring a patient or client to another provider of veterinary services or goods. ● Performing or prescribing unnecessary or unauthorized treatment. ● Attempting to restrict competition in the field of veterinary medicine other than for the protection of the public. ● Conviction on a charge of cruelty to animals. ● Failing to provide adequate radiation safeguards. ● Refusing to permit the department to inspect the business premises of the licensee during regular business hours. When the board finds any applicant or veterinarian guilty of any of the grounds mentioned, regardless of whether the violation occurred prior to licensure, it may enter an order imposing one or more of the following penalties: (a) Denial of certification for examination or licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to exceed $5,000 for each count or separate offense. (d) Issuance of a reprimand. (e) Placement of the veterinarian on probation for a period of time and subject to such conditions as the board may specify, including requiring the veterinarian to attend continuing education courses or to work under the supervision of another veterinarian. (f) Restricting the authorized scope of practice. (g) Imposition of costs of the investigation and prosecution. (h) Requiring the veterinarian to undergo remedial education. In determining appropriate action, the board must first consider those sanctions necessary to protect the public. Only after those sanctions have been imposed may the disciplining authority consider and include in its order requirements designed to rehabilitate the veterinarian. All costs associated with compliance with any order issued are the obligation of the veterinarian.
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Book Code: VFL1524
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