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.

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

GOT A QUESTION? THE FVMA CAN HELP. One of the benefits of an FVMA membership is our helpline (800.992.3862), which is available to members Monday through Friday from 8 a.m.-6 p.m. Our helpline also provides insight to the FVMA staff of the challenges and concerns of our members. In this feature, we will highlight topics from the questions we received in preceding weeks as a part of an effort to keep our members up to date on current concerns, as well as regulatory and legislative changes.

sufficient notice to the licensee for any official communication to the licensee by the board or the department except when other service is required pursuant to s. 455.225.

(3)(a) Notwithstanding any provision of law, when an administrative complaint is served on a licensee of the department, the department shall provide service by regular mail to the licensee’s last known address of record, by certified mail to the last known address of record, and, if possible, by e-mail.

(b) If service, as provided in paragraph (a), does not provide the department with proof of service, the department shall call the last known telephone number of record and cause a short, plain notice to the licensee to be posted on the front page of the department’s website and shall send notice via e-mail to all newspapers of general circulation and all news departments of broadcast network affiliates in the county of the licensee’s last known address of record.

61G18-10.0065 Notice to the Department of Mailing Address and Place of Practice of Licensee.

Each licensee and registrant shall provide by certified mail written notification to the department the licensee’s current mailing address and place of practice upon change thereof or license renewal. The term “place of practice” means the address of the physical location where the veterinarian practices veterinary medicine.

QUESTION: Would “financial records” be the same as “patient records” as referred to in 61G18-18.002? We have received a subpoena from the State Attorney to submit financial records of an active client. Should I share those records, or would I be breaking confidentiality laws?

A: “Financial Records” are not patient records. However, even if they were, a subpoena trumps any confidentiality concerns.

QUESTION: It has recently come to my attention that the Department of Agriculture and Consumer Services has revised the OCVI for the intrastate sale of a dog or cat (form FDACS-09085). The revision (below) has removed wording from the Issuing Veterinarian Certification that specifically excluded fleas and ticks as a condition prohibiting issuance of the certificate.

Florida Statute 828.29 3(b) specifically spells out the exclusion: "(b) The term “official certificate of veterinary inspection” means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and the veterinarian’s license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks. The Department of Agriculture and Consumer Services shall supply the official intrastate certificate of veterinary inspection required by this section at cost."

My question is: Is it the intent of the FDACS to prohibit the issuance of a health certificate (HC) for otherwise healthy dogs and cats, if they have any fleas? Since we do live in Florida, and even very well cared-for pets are susceptible to the occasional flea, this seems like an unnecessarily high hurdle and directly counters the specific wording of the authorizing statute. I can understand not writing a HC for a flea-anemic patient, but I would think that most licensed veterinarians would not consider that patient to be healthy and would not issue a certificate based on that assessment.

A: The doctor is reading too much into the FDACS certificate as the certification language referring to fleas and ticks, excludes fleas and ticks—which is the statute’s intent. The ultimate is the law, not the form. The statute says that fleas and ticks are excluded. The form simply abbreviates the language of the statute because it is too long.

END NOTE: The ultimate responsibility in the practice of veterinary medicine lies with the licensed veterinarian. Professional discretion must always be exercised.

Practices for Sale

FL - Central: SA Solo Dr Prx. 3 freestanding facilities and 6.32 acres. >$1M Gross & growing. Well equipped. (FL12A)

GA - AAHA Listing! Savannah-Coastal, 1 DVM SA Prx w/RE incl 2 acres, Approx 4084SF spacious facility. Significant opportunities for growth. Well Equipped. 2019 Gross $657K. (GA20S)

SC - Greenville & Spartanburg Area: 2+ Dr. SA Prx w/RE on 4+ ac. Plus extra lot on major hwy. >$2M gross & growing. (SC13W)

SC - Upstate West South Carolina: 2019 Gross of $2.5M with projected 2020 Revenues >$3M! 2 Doctor SA Prx w/RE Incl 1.6 Acres, Approx 5764SF Spacious Facility. Well Equipped. (SC30W)

NC - AAHA Listing-Piedmont Triad/Growing Area: 1.25 DVMs SA, Approx 3000SF spacious facility. Only open 4.5 days a week. Well Equipped. 2019 Gross $685K. PRX & RE $625K. (NC15B)

GA - South Central: Grossing >$1M & growing, 1.5 dr. practice. Attractive facility with 5 acres and modern equipment. (GA14F)

NC - Northeast, near VA: Calling nature lovers and adventurists! Immaculate, well-equipped facility- digital x-ray, in-house lab, companion laser. $1.1M+ gross, 2 dr., SA w/ LA capability. (NC66G)

1610 Frederica Road, Saint Simons Island, GA 31522 Toll Free: (800) 333-1984 | www.simmonsinc.com Email: southeast@simmonsinc.com Licensed in Florida, Georgia, North Carolina, and South Carolina Real Estate Broker

Florida Practice Listings!

North Central Fl.– 1+ Dr. 2019 gross $700K, free standing clinic w/ 2 exam rooms, in-house lab, digital x-ray, great staff. Primary Vet in this practice is willing to stay on. Eastern Panhandle– 1 Dr. w/ 2019 gross of $712K, 3200 sq. ft. clinic, 2 exam rooms, in-house lab, digital x-ray. Great small town atmosphere, only an hour from the Gulf Beaches. SE Coastal Fl.– Owner Financing for a qualified buyer, Solo Dr., 2019 gross $688k, 6100sqft office and boarding space. New-Equine Practice– Brevard Co.-Rare opportunity to buy a turnkey Equine practice on the central east coast. 1 to 1.5 Dr. 2019 gross $670K. Barn, stalls, treatment area, paddocks, office Sold-Central Florida– North of Tampa– Well established, Solo Dr., $888K gross in 2019. In-house lab, digital x-ray, dental x-ray, 4400 sq., 3 exam rooms, Prx and RE available Sold-East Coast– Solo Dr. Prx with RE 2019 gross $1.07mm Very high net, well equipped, tenured staff. ~$270K in ADI. Sold-East Orlando– 1+ Dr. Practice, grossed $535K in 2019 Very nice lease space, 2 exam rooms, in-house lab, digital x-ray.

Are Corporate Groups contacting you about buying your Practice? If so, let us help make sure you get your best deal!!!

Veterinary Practice Sales, Acquisitions & Valuations

LEON COUNTY: Long-established, small animal practice. $744K gross and $129K after-debt income in 2019. 1,978 SF facility with RE. Seller financing available! FL97 BROWARD COUNTY: Profitable, small animal practice. Over $1.2M gross and $206K after-debt income in 2019. 3,000 SF leased facility. Heavy traffic area! FL100 HARDEE COUNTY: Predominantly small animal practice expecting to gross over $1M this year! Gross up 27% year-to-date. $203K after-debt income in 2019. 2,400 SF facility with RE. Seller financing! FL101 BROWARD COUNTY: Start-up veterinary practice in a central, prime location! The renovated facility has brand new, top-notch equipment. Turnkey and ready for a doctor! 2,000 SF facility with RE. FL102

Contact Dr. Richard Alker for further practice information. 850.814.9962 or Richard@tpsgsales.com

Showcase Properties of Central Florida, Broker

psbroker.com | 800.636.4740 | info@psbroker.com