● 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. 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 secretary of the department. Premises Permits (s. 474.215) 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. 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.
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Book Code: VFL1526
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