474.202 Definitions.—As used in this chapter:
(1) “Animal” means any mammal other than a human being or any bird, amphibian, fish, or reptile, wild or domestic, living or dead.
(2)(1) “Board” means the Board of Veterinary Medicine.
(3) “Client” means the owner or caretaker of an animal who arranges for its veterinary care.
(4)(2) “Department” means the Department of Professional Regulation.
(5)(6) “Immediate supervision” or words of similar purport mean a licensed doctor of veterinary medicine is on the premises whenever veterinary services are being provided.
(6)(7) “Mobile veterinary establishment” and “mobile clinic” mean a mobile unit which contains the same treatment facilities as are required of a permanent veterinary establishment or which has entered into a written agreement with another veterinary establishment to provide any required facilities not available in the mobile unit. The terms do not refer to the use of a car, truck, or other motor vehicle by a veterinarian making a house call.
(7) “Patient” means any animal for which the veterinarian practices veterinary medicine.
(8)(4) “Practice of veterinary medicine” means diagnosing the medical condition of animals and, prescribing, dispensing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature, including surgery or acupuncture, for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease thereof of animals; 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.
(9)(5) “Responsible supervision” or words of similar purport mean the control, direction, and regulation by a licensed doctor of veterinary medicine of the duties involving veterinary services which he delegates to unlicensed personnel.
(10)(3) “Veterinarian” means a person who is licensed to engage in the practice of veterinary medicine in Florida under the authority of this chapter.
(11) “Veterinarian/client/patient relationship” means 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.
(12) “Veterinary medicine” includes, with respect to animals, surgery, acupuncture, obstetrics, dentistry, physical therapy, radiology, theriogenology, and other branches or specialties of veterinary medicine.
474.203 Exemptions.—This chapter shall not apply to:
(1) The holder of a veterinary faculty certificate. The board may issue without examination a veterinary faculty certificate to an individual who demonstrates that he is a graduate of an established and reputable school or college of veterinary medicine approved by the board. The certificate shall authorize the holder to practice only in conjunction with teaching duties at a school or college of veterinary medicine which meets the requirements of approved by the board pursuant to s. 474.207(2)(b) or in its main teaching hospital. Such certificate shall automatically expire when the holder's relationship with the college of veterinary medicine is terminated.
(2) A student in a school or college of veterinary medicine while in the performance of duties assigned by his instructor or when working as a preceptor an intern under the immediate supervision of a licensee, provided that such preceptorship is required for graduation from an accredited school or college of veterinary medicine. The licensed veterinarian shall be responsible for all acts performed by a preceptor under his supervision.
(6) Any veterinary aide, nurse, laboratory technician, preceptor intern, or other employee of a licensed veterinarian who administers medication or who renders auxiliary or supporting assistance under the responsible supervision of such licensed practitioner, including those tasks identified by rule of the board requiring immediate supervision. However, the licensed veterinarian shall be responsible for all such acts performed by persons under his supervision.
474.2065 Fees.—The board, by rule, shall establish fees for application and examination, reexamination, license renewal, inactive status, renewal of inactive status, license reactivation, late application for permits, periodic inspection of veterinary establishments, and duplicate copies of licenses, certificates, and permits recordmaking and recordkeeping. The fee for the initial application and examination shall not exceed $325 plus the actual per applicant cost to the department for purchase of portions of the examination from the Professional Examination Service for the American Veterinary Medical Association or a similar national organization. The fee for reactivation of an inactive license and the fee for renewal of an inactive license shall not exceed $50. The fee for licensure by endorsement shall not exceed $500. The fee for temporary licensure shall not exceed $200. The board shall establish fees which are adequate to ensure its continued operation and to fund the proportionate expenses incurred by the department which are allocated to the regulation of veterinarians. Fees shall be based on departmental estimates of the revenue required to administer this chapter and the provisions relating to the regulation of veterinarians.
474.207 Licensure by examination.—
(2) The department shall license each applicant who the board certifies has:
(a) Completed the application form and remitted an examination fee set by the board.
(b)1. Graduated from a college of veterinary medicine accredited by the American Veterinary Medical Association Council on Education; or
2. Graduated from a college of veterinary medicine listed in the American Veterinary Medical Association Roster of Veterinary Colleges of the World and obtained a certificate from the Education Commission for Foreign Veterinary Graduates, which certificate is based on having successfully completed a clinical proficiency examination.
(c) Successfully completed the examination provided by the department for this purpose, or an examination determined by the board to be equivalent.
(d) Demonstrated knowledge of the laws and rules governing the practice of veterinary medicine in Florida in a manner designated by rules of the board.
The department shall not issue a license to any applicant who is under investigation in any state or territory of the United States or in the District of Columbia for an act which would constitute a violation of this chapter until the investigation is complete and disciplinary proceedings have been terminated, at which time the provisions of s. 474.214 shall apply.
474.211 Renewal of license.—
(1) The department shall renew a license upon receipt of the renewal application and fee and an affidavit of compliance with continuing education requirements set by rule of the board.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3) Any license which is not renewed at the end of the biennium prescribed by the department shall automatically revert to an involuntary inactive status. Such license may be reactivated only if the licensee meets the other qualifications for reactivation in s. 474.212.
(4) No later than 60 sixty days prior to the end of the biennium and automatic reversion of a license to involuntary inactive status, the department shall mail, by regular United States mail, a notice of renewal and possible reversion to the last known address of the licensee.
(5) The board may by rule prescribe continuing education, not to exceed 30 hours biennially, as a condition for renewal of a license or certificate. The criteria for such programs or courses shall be approved by the board.
(Substantial rewording of section. See
s. 474.212, F.S., for present text.)
474.212 Inactive status; renewal and reactivation; fees; relicensure; notice.—
(1) A license shall be placed on voluntary inactive status when the licensee has applied to the department to be placed on inactive status and has paid a fee of $50.
(a) A license on voluntary inactive status may be renewed biennially for a fee of $50 per biennium.
(b) A license on voluntary inactive status may be reactivated by submitting an application to the department, completing the continuing education requirements, complying with any background investigation required, complying with other requirements prescribed by the board, and paying a reactivation fee of $50, plus the current biennial renewal fee at the time of reactivation.
(c) Failure to renew a license on voluntary inactive status by the end of the biennial renewal period shall result in the license reverting to involuntary inactive status.
(2) A license shall be placed on involuntary inactive status when it is not renewed by the end of the biennial renewal period.
(a) A license may be on involuntary inactive status for no more than two consecutive biennial periods. Failure to reactivate a license on involuntary inactive status for two consecutive biennial periods shall result in the license becoming void without further action of the department or board. The department shall give the licensee 2 years' prior written notice of the date on which his license will, without reactivation, become void.
(b) A license on involuntary inactive status may be reactivated by submitting an application to the department, completing the continuing education requirements, complying with any background investigation required, complying with other requirements prescribed by the board, and paying a reactivation fee of $50, plus the current biennial renewal fee at the time of reactivation for each biennium in which the license was inactive.
(3) The board may adopt rules relating to inactive licenses and the reactivation thereof.
(4) A licensee whose license has become void may apply to the board for relicensure. The board may by rule waive educational and examination requirements or may require any additional current requirements for licensure, including reexamination.
(5) Each licensee on inactive status on October 1, 1991, shall receive one notice, prior to commencement of his next biennial period, before his license becomes void.
474.213 Prohibitions; penalties.—
(1) 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 pursuant to this chapter; Practice veterinary medicine in this state unless the person holds an active license to practice veterinary medicine pursuant to this chapter;
(b) Use the name or title “veterinarian” when the person has not been licensed pursuant to this chapter;
(c) Present as 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; or
(g) Knowingly conceal information relative to violations of this chapter;.
(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 pursuant to this chapter; or
(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.
(2) A Any person who violates any provision the provisions of this section commits subsection (1) is guilty of a felony misdemeanor of the third first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Attempting to obtain or obtaining a license to practice veterinary medicine by fraudulent misrepresentation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
474.214 Disciplinary proceedings.—
(1) The following acts shall constitute grounds for which the disciplinary actions in subsection (2) may be taken:
(a) Attempting to procure a license to practice veterinary medicine by bribery, by fraudulent representations misrepresentations, or through an error of the department or the board.
(b) Having a license or the authority to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including any agency or subdivision thereof another state, territory, or country. The licensing authority's acceptance of a veterinarian's relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the veterinarian's license or authority to practice, shall be construed as action against the veterinarian's license or authority to practice.
(c) 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.
(d) 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. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian.
(e) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.
(f) Violating any provision of this chapter or chapter 455, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing, or failing to comply with a lawfully issued subpoena of the department. Violating a statute or administrative rule regulating practice under this chapter or a lawful disciplinary order of the board or the department.
(g) Practicing with a revoked, suspended, or inactive license.
(h) Being unable to practice veterinary medicine with reasonable skill or safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. In enforcing this paragraph, upon a finding by the secretary, his designee, or the probable cause panel of the board that probable cause exists to believe that the licensee is unable to practice the profession because of the reasons stated in this paragraph, the department shall have the authority to compel a licensee to submit to a mental or physical examination by a physician designated by the department. If the licensee refuses to comply with the department's order, the department may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business. The licensee shall not be named or identified by initials in any other public court records or documents and the enforcement proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee affected under this paragraph shall be afforded an opportunity at reasonable intervals to demonstrate that he can resume the competent practice for which he is licensed with reasonable skill and safety to patients. Neither the record of proceedings nor the orders entered by the board in any proceedings under this paragraph shall be used against a licensee in any other proceedings.
(i) Judicially determined mental incompetency. However, a license suspended for this cause may be reinstated upon legal restoration of the competency of the individual whose license was so suspended.
(j) Knowingly maintaining a professional connection or association with any person who is in violation of the provisions of this chapter or the rules of the board or department. However, if the licensee verifies that the person is actively participating in a board-approved program for the treatment of a physical or mental condition, the licensee is required only to report such person to the consultant.
(k) 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.
(l) Performing or prescribing unnecessary or unauthorized treatment.
(m) Fraud in the collection of fees from consumers or any person, agency, or organization paying fees to practitioners.
(n) Attempting to restrict competition in the field of veterinary medicine other than for the protection of the public. However, this provision shall not apply to testimony made in good faith at a hearing or other proceeding in which the subject is the revocation of a license or a lesser penalty.
(o) Fraud, deceit, negligence, incompetency, or misconduct, in or related to the practice of veterinary medicine.
(p) Conviction on a charge of cruelty to animals.
(q) Permitting or allowing another to use a veterinarian's license for the purpose of treating or offering to treat sick, injured, or afflicted animals.
(r) Being guilty of incompetence or negligence by failing to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. Maintaining a professional or business connection with any other person who continues to violate any of the provisions of this chapter or rules of the board after 10 days' notice in writing by the board.
(s) Willfully making any misrepresentations in connection with the inspection of food for human consumption.
(t) Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine relating to the presence or absence of animal disease or transporting animals or issuing any false certificate relating to the sale of inedible products of animal origin for human consumption.
(u) Fraud or dishonesty in applying, treating, or reporting on tuberculin, diagnostic, or other biological tests.
(v) Failing to keep the equipment and premises of the business establishment in a clean and sanitary condition, or having a premises permit suspended or revoked pursuant to s. 474.215, or operating or managing premises that do not comply with requirements established by rule of the board.
(w) Practicing veterinary medicine at a location for which a valid premises permit has not been issued when required under s. 474.215.
(x)(w) Refusing to permit the department to inspect the business premises of the licensee during regular business hours.
(y)(x) Using the privilege of ordering, prescribing, or making available medicinal drugs or drugs as defined in chapter 465, or controlled substances as defined in chapter 893, for use other than for the specific treatment of animal patients for which there is a documented veterinarian/client/patient relationship. Pursuant thereto, the veterinarian shall:
1. Have sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian is personally acquainted with the keeping and caring of the animal and has recently seen the animal or has made medically appropriate and timely visits to the premises where the animal is kept.
2. Be available or provide for follow-up care and treatment in case of adverse reactions or failure of the regimen of therapy.
3. Maintain records which document patient visits, diagnosis, treatment, and other relevant information required under this chapter.
(z)(y) Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as defined in chapter 465, controlled substances as defined in chapter 893, or any material, chemical, or substance used exclusively for animal treatment.
(aa)(z) Failing to report to the department any person the licensee knows to be in violation of this chapter or of the rules of the department or board. However, if the licensee verifies that the person is actively participating in a board-approved program for the treatment of a physical or mental condition, the licensee is required only to report such person to the consultant.
(bb) Violating any of the requirements of chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the Federal Drug Abuse Act; or chapter 893.
(cc) Failing to provide adequate radiation safeguards.
(dd) Failing to perform any statutory or legal obligation placed upon a licensee.
(ee) Failing to keep contemporaneously written medical records as required by rule of the board.
(ff) Prescribing or dispensing a legend drug as defined in chapter 499, including any controlled substance, inappropriately or in excessive or inappropriate quantities.
(gg) Practicing or offering to practice beyond the scope permitted by law.
(hh) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.
(ii) Presigning blank prescription forms.
(jj) Failing to report to the board within 30 days, in writing, any action set forth in paragraph (b) that has been taken against the practitioner's license to practice veterinary medicine by any jurisdiction, including any agency or subdivision thereof.
(kk) Aiding or assisting another person in violating any provision of this chapter or any rule adopted pursuant thereto.
(ll) Failing to respond within 60 days after receipt of a request to provide satisfactory proof of having participated in approved continuing education programs.
(mm) Failing to maintain accurate records or reports as required by this chapter or by federal or state laws or rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled substances.
(nn) Failing to report a change of address to the board within 60 days thereof.
(oo) Failure of the responsible veterinarian to report a change of premises ownership or responsible veterinarian within 60 days thereof.
(2) When the board finds any applicant or veterinarian guilty of any of the grounds set forth in subsection (1), 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 an application for examination or licensure.
(b) Revocation or suspension of a license.
(c) Imposition of an administrative fine not to exceed $1,000 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 under this subsection are the obligation of the veterinarian.
(3) 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.
474.215 Premises permits.—
(1) Any establishment, permanent or mobile, where a licensed veterinarian practices must have a premises permit or mobile clinic permit issued by the department. Upon application and payment of a fee not to exceed $250, as set by rule of the board fee, the department shall cause such establishment to be inspected. A premises permit or mobile clinic permit shall be issued if the establishment meets minimum standards, to be adopted by rule of the board, as to sanitary conditions, recordkeeping, equipment, radiation monitoring, services required, and physical plant. The board may adopt separate sets of minimum standards for permanent and mobile establishments. In lieu of the above procedure, the department may issue a premises permit or mobile clinic permit to any establishment which is accredited by a recognized organization whose standards meet or exceed board minimum standards, as established by rule.
(2) Each application for a premises permit or mobile clinic permit shall set forth the name of the licensed veterinarian who will be responsible for the management of the establishment and the name and address of the owners of the establishment.
(3) The premises permit or mobile clinic 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.
(4) Any owner, operator, or responsible veterinarian of any establishment operating without a premises permit or mobile clinic permit in violation of this section or any rule adopted by the board shall have 30 days after notification of violation by the department within which to apply for the appropriate permit and pay a late fee established by the board. The board may, after notice and hearing, impose a penalty against any such owner, operator, or responsible veterinarian who fails to apply for the necessary permit and pay the late fee within the prescribed 30-day period. No penalty so imposed shall exceed $1,000 for each count or separate offense.
(4)(5) 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 or mobile clinic permit, but must provide for minimum equipment and facilities as established by rule.
(5) The department may issue a temporary premises permit to a responsible veterinarian who has submitted the application fee and a completed application form affirming compliance with the standards set by rule of the board. If the department inspects the establishment and discovers that it is not in compliance with the department's standards, the department shall notify the veterinarian in writing of the deficiencies and shall provide 30 days for correction of the deficiencies and reinspection. Such temporary permit shall become void upon notification by the department that the establishment has failed, after reinspection, to meet those standards. Upon receipt of such notice, the responsible veterinarian shall close the establishment until completion of a subsequent inspection affirming that the required standards have been met and until another permit has been issued by the department.
(6) Any practitioner who provides veterinary services solely to agricultural animals shall not be required to obtain a premises permit, but must provide for appropriate equipment and facilities, as established by rule.
474.216 License and, premises permit, and mobile clinic permit to be displayed.—Each person to whom a license or, premises permit, or mobile clinic permit is issued shall keep such document conspicuously displayed in 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.
474.217 Licensure by endorsement.—
(1) The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting a fee set by the board, demonstrates to the board that he:
(a)1. Holds, and has held, for the at least 3 years immediately preceding the application for licensure, a valid, active license to practice veterinary medicine in another state of the United States, the District of Columbia, or a territory of the United States, provided that the requirements for licensure in the issuing state, district, or territory are substantially similar to, equivalent to, or more stringent than the requirements of this chapter.; or
(b)2. Meets the qualifications of s. 474.207(2)(b) and (d) and has successfully completed a state, regional, national, or other examination which is substantially equivalent to or more stringent than the examination given by the department.; and
(c)(b) Has passed the board's clinical competency examination or another a clinical competency examination specified by rule of the board that is substantially similar to, equivalent to, or more stringent than, the board's examination.
(d) Has demonstrated, in a manner designated by rule of the board, knowledge of the laws and rules governing the practice of veterinary medicine in this state.
(2) The department shall not issue a license by endorsement to any applicant who is under investigation in any state, territory, or the District of Columbia for an act which would constitute a violation of this chapter until the investigation is complete and disciplinary proceedings have been terminated, at which time the provisions of s. 474.214 shall apply.
455.241 Patient records; report or copies of records to be furnished.—
(2) Except as otherwise provided in s. 440.13(2)(c), such records shall not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient or his legal representative or other health care providers involved in the care or treatment of the patient, except upon written authorization of the patient. However, such records may be furnished without written authorization to any person, firm, or corporation which has procured or furnished such examination or treatment with the patient's consent or when compulsory physical examination is made pursuant to Rule 1.360, Florida Rules of Civil Procedure, in which case copies of the medical records shall be furnished to both the defendant and the plaintiff. Such records may be furnished 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 patient or his legal representative by the party seeking such records. Except in a medical negligence action when a health care provider is or reasonably expects to be named as a defendant, information disclosed to a health care practitioner by a patient in the course of the care and treatment of such patient is confidential and may be disclosed only to other health care providers involved in the care or treatment of the patient, or if permitted by written authorization from the patient or compelled by subpoena at a deposition, evidentiary hearing, or trial for which proper notice has been given. The Department of Professional Regulation may obtain patient records pursuant to a subpoena without written authorization from the patient if the department and the probable cause panel of the appropriate board, if any, find reasonable cause to believe that a practitioner has excessively or inappropriately prescribed any controlled substance specified in chapter 893 in violation of s. 458.331(1)(q), s. 459.015(1)(u), s. 461.013(1)(p), s. 462.14(1)(q), s. 466.028(1)(q), or
s. 474.214(1)(x) or (y), (z), (bb), or (ff) or that a practitioner has practiced his profession below that level of care, skill, and treatment required as defined by s. 458.331(1)(t), s. 459.015(1)(y), s. 460.413(1)(s), s. 461.013(1)(t), s. 462.14(1)(t), s. 463.016(1)(n), s. 464.018(1)(h), s. 466.028(1)(y), or s. 474.214(1)(o) or (r); provided, however, the patient record obtained by the department pursuant to this subsection shall be used solely for the purpose of the department and board in disciplinary proceedings. The record shall otherwise be sealed and shall not be available to the public pursuant to the provisions of s. 119.07 or any other statute providing access to public records. Nothing in this section shall be construed to limit the assertion of the psychotherapist-patient privilege under s. 90.503 in regard to records of treatment for mental or nervous disorders by a medical practitioner licensed pursuant to chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. However, the practitioner shall release records of treatment for medical conditions even if the practitioner has also treated the patient for mental or nervous disorders. If the department has found reasonable cause under this section and the psychotherapist-patient privilege is asserted, the department may petition the circuit court for an in camera review of the records by expert medical practitioners appointed by the court to determine if the records or any part thereof are protected under the psychotherapist-patient privilege.
Approved by the Governor May 28, 1991.
Filed in Office Secretary of State May 28, 1991.