The department shall reissue the license of a disciplined veterinarian upon certification by the board that the disciplined veterinarian has complied with all of the terms and conditions set forth in the final order and is capable of competently and safely engaging in the practice of veterinary medicine. Subpoena of Certain Records (s. 474.2145) Notwithstanding any provision of law to the contrary, the department may issue subpoenas duces tecum [a type of subpoena that orders the recipient to produce certain documents] requiring the names and addresses of some or all of the clients of a licensed veterinarian against whom a complaint has been filed and when the information has been deemed necessary and relevant to the investigation as determined by the Any establishment, permanent or mobile, where a licensed veterinarian practices must have a premises permit issued by the department. Upon application and payment of a fee not to exceed $250, the department must cause such establishment to be inspected. A premises permit shall be issued if the establishment meets minimum standards as to sanitary conditions, recordkeeping, equipment, radiation monitoring, services required, and physical plant. The premises permit may be revoked, suspended, or denied when inspection reveals that the establishment does not meet the standards set by rule or when the license of the responsible veterinarian has been suspended or revoked. Any practitioner who provides veterinary service on a house-call basis and who does not maintain a veterinary establishment for receipt of patients shall not be required to obtain a premises permit, but must provide for minimum equipment and facilities as established by rule. Any practitioner who provides veterinary services solely to agricultural animals shall not be required to obtain a premises permit. secretary of the department. Premises Permits (s. 474.215) Any person who offers or provides limited-service veterinary medical practice shall obtain a biennial permit from the board the cost of which shall not exceed $250. The limited-service permittee shall register each location where a limited-service clinic is held and shall pay a fee set by rule not to exceed $25 to register each such location. Any person who is not a veterinarian licensed under this chapter but who desires to own and operate a veterinary medical establishment or limited-service clinic shall apply to the board for a premises permit. If the board certifies that the applicant complies with the applicable laws and rules of the board, the department shall issue a premises permit. No permit shall be issued unless a licensed veterinarian is designated to undertake the professional supervision of the veterinary medical practice and the minimum standards set by rule of the board for premises where veterinary medicine is practiced. If the permit is revoked or suspended, the owner, manager, or proprietor shall cease to operate the premises, as a veterinary medical practice, as of the effective date of the suspension or revocation. Each person to whom a license or premises permit is issued shall keep such document conspicuously displayed in her or his office, place of business, or place of employment, whether a permanent or mobile veterinary establishment or clinic, and shall, whenever required, exhibit said document to any member or authorized representative of the board (s. 474.216). Ownership and Control of Veterinary Medical Patient Records; Report or Copies of Records to Be Furnished (s. 474.2165) Each person who provides veterinary medical services shall maintain medical records. Any records owner who makes an examination of, or administers treatment or dispenses legend drugs to, any patient shall, upon request of the client or the client’s legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records
relating to such examination or treatment, including X-rays. The furnishing of such report or copies shall not be conditioned upon payment of a fee for services rendered. Medical records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the client or the client’s legal representative or other veterinarians involved in the care or treatment of the patient, except upon written authorization of the client. There are instances where such records may be furnished without written authorization under the following circumstances: 1. To any person, firm, or corporation that has procured or furnished such examination or treatment with the client’s consent. 2. In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the client or the client’s legal representative by the party seeking such records. 3. For statistical and scientific research, provided the information is abstracted in such a way as to protect the identity of the patient and the client, or provided written permission is received from the client or the client’s legal representative. 4. In any criminal action or situation where a veterinarian suspects a criminal violation. If a criminal violation is suspected, a veterinarian may, without notice to or authorization from the client, report the violation to a law enforcement officer, an animal control officer who is certified pursuant to s. 828.27(4)(a), or an agent appointed under s. 828.03. However, if a suspected violation occurs at a commercial food-producing animal operation on land classified as agricultural, the veterinarian must provide notice to the client or the client’s legal representative before reporting the suspected violation to an officer or agent. The report may not include written medical records except upon the issuance of an order from a court of competent jurisdiction. Except in a medical negligence action or administrative proceeding when a veterinarian is or reasonably expects to be named as a defendant, information disclosed to a veterinarian by a client in the course of the care and treatment of the patient is confidential and may be disclosed only to other veterinarians involved in the care or treatment of the patient, or if permitted by written authorization from the client or compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given. The department may obtain patient records pursuant to a subpoena without written authorization from the client if the department and the probable cause panel of the board find reasonable cause to believe that a veterinarian has excessively or inappropriately prescribed any controlled substance specified in chapter 893 in violation of this chapter or that a veterinarian has practiced his or her profession below that level of care, skill, and treatment required as defined by this chapter. Records owners shall notify the board office and place an advertisement in the local newspaper or notify clients, in writing, when they are terminating practice, retiring, or relocating and are no longer available to patients and shall offer clients the opportunity to obtain a copy of their medical records. When notifying the board office, records owners must specify who the new records owner is and where the medical records can be found. Whenever a records owner has turned records over to a new records owner, the new records owner shall be responsible for providing a copy of the complete medical record, upon written request, of the client or the client’s legal representative. A records owner furnishing copies of reports or records pursuant to this section shall charge no more than the actual cost of copying, including reasonable staff time or the amount specified in administrative rule by the board.
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Book Code: VFL1524
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