Practice Pulse QUESTION: I have a situation regarding a puppy that was sold with a health certificate. Not more than a week after, the puppy was not eating well and began having seizures. What is my client’s recourse in a situation like this? Can she get a refund from the breeder? A: Florida’s Pet Lemon Law—828.29 Dogs and cats transported
or offered for sale; health requirements; consumer guarantee —offers protection for the buying client in instances where a dealer may misrepresent the breed, sex or health of any dog sold within the state. Those who purchase a pet that is later determined to be unfit by a veterinarian have three options: • Return the animal for a full refund, including any taxes and fees, and a reimbursement for the veterinary cost related to the dog. • Exchange the animal for one of equal value in lieu of a refund. If they choose an exchange the dog, they are still entitled to veterinary reimbursement. • Keep the animal. Those who wish to retain the dog may do so (unless they signed an agreement waiving this right at the time of purchase). If the consumer chooses to keep the animal, the dealer must pay for reasonable veterinary expenses to treat or cure the dog. The Pet Lemon Law allows the following: • Consumers have 14 days to document contagious or infectious disease and one year to document congenital or hereditary defects. • Consumers must notify the pet dealer within two business days of the veterinarian's determination that the animal was unfit. • Consumers have three days to provide the seller with written certification of the animal’s unfitness.
QUESTION: I am a large animal mobile practice owner. I have a client who has refused to pay an invoice. The client has now taken to emailing lies about me to colleagues and I am worried about what she will do next. I am also uncertain if I should call my insurance provider to warn them, since the client may file a complaint that is based on lies. A friend recommended I contact a lawyer about a cease and desist letter or a recommendation. What should I do? A: A cease and desist letter is an option, but that may induce the
client to file a complaint. The best strategy for situations like this is to ignore them. When you look at a restaurant review on Yelp or TripAdvisor, you may see 100 good reviews and 2 or 3 terrible reviews. You assume that the 2 or 3 are disgruntled customers with a bone to pick. The same is true here. Your good reputation is the best defense. When your colleagues receive those emails, they will assume that this person is an extreme outlier. However, if you receive a notice from the DBPR that a complaint has been filed, then contact your insurance provider.
30 | FVMA ADVOCATE
QUESTION: One of our clients requested Tramadol on 1800PetMeds. We normally have an online portal that makes it convenient to approve the prescriptions or they are emailed to us for the doctor to sign and emailed back. Per a phone call from a 1800PetMeds pharmacist, they cannot email prescription requests for controlled substances, accept a written prescription (because it would be a “copy”) or put this through on our online portal. They do however accept faxed requests, but we do not have a fax machine. They will only accept controlled substances to be called in. This seems strange to me. A: Tramadol is a Schedule IV substance. A prescription for a Schedule II must be written and manually signed. A copy (whether photocopy, fax or PDF e-mail) for a Schedule II is not acceptable. Anything else can be called in, faxed or e-mailed as a PDF.
Electronic prescriptions for controlled substances must be done through systems that meet specific requirements in the Code of Federal Regulations, but those are electronic prescriptions, not emailed or faxed. Emailing a PDF prescription form signed by the prescriber is no different than the same form being faxed. The 1800PetMeds pharmacy can accept an email prescription if it is not for a Schedule II substance. Therefore, it comes down to an issue with the preference of this particular pharmacy, but the reason given is incorrect. A fax is a much a “copy” as a PDF by email. Although a veterinarian does not have to bend over backwards to satisfy any particular pharmacy, this may be a matter of client service.
QUESTION: I am employed as the sole practitioner at a facility. However, my Florida veterinary license lists my home address as I previously worked as a contract vet prior to my permanent employment. Is there any legal reason why I would need to change the address on my vet license to reflect my current place of employment? A: The address on the license should remain the same. That is the
veterinarian’s mailing address. Under the Rule (61G18-10.0065), the veterinarian should send a Certified Mail letter to the Board regarding his current address and “place of practice.” 455.275 Address of record. (1) Each licensee of the department is solely responsible for notifying the department in writing of the licensee’s current mailing address, e-mail address, and place of practice, as defined by rule of the board or the department when there is no board. A licensee’s failure to notify the department of a change of address constitutes a violation of this section, and the licensee may be disciplined by the board or the department when there is no board. (2) Notwithstanding any other provision of law, service by regular mail or e-mail to a licensee’s last known mailing address or e-mail address of record with the department constitutes adequate and
