LEGAL CONSULTATION SERVICES

The FVMA is here for you – and your questions. We know the legal framework you encounter post-graduation can be confusing. That’s why we offer legal consultation services.

Are you a member of the FVMA/FAEP with questions about practicing veterinary medicine, pharmacy law, or veterinary board relations? You can get FREE legal consultation from attorney Edwin Bayo. Because of our members’ needs, we’ve expanded our legal benefits to include free consultations on labor and employment law and civil litigation. In order to take advantage of this benefit, please fill out the form below with your inquiry and contact information.

WHAT IS EMPLOYMENT LAW?

Employment law not only regulates the relationship between employers and employees but also offers protection to both parties. Further, it governs what employers can expect from employees and what employers can ask of employees – from payment to discrimination to working conditions and more.

WHAT IS REGULATORY (AKA ADMINISTRATIVE) LAW?

Regulatory law deals with procedures established by federal, state, and local administrative agencies as opposed to laws created by the legislature (statutory laws) or by court decisions (case law). Regulations can relate to a large array of executive branch activities, such as applications for licenses and oversight of environmental laws This type of law is applicable in the regulation and licensing of veterinarians as well as the use and disposal of drugs.

Sniffen & Spellman, P.A. is a full-service law firm representing clients statewide in civil litigation and corporate law. The attorneys at Sniffen & Spellman, P.A. have defended labor and employment law claims all over Florida for all types of public and private employers.

A headshot of attorney and legal consultant Ed Bayo.

Edwin Bayó, JDBoard Certified in State & Federal Government and Administrative Practice | Grossman, Furlow & Bayó, LLC

In 1978, Ed Bayó earned a BA in Economics from the University of Puerto Rico. He then went on to earn a law degree (JD) from Stetson University in 1981. After two years in private practice, he then joined the tax section of the Attorney General’s Office. He eventually transferred to the administrative law section, where he served as counsel to various professional regulatory boards, including the Boards of Professional Engineers, Dentistry, and Pharmacy. 

He left state government in 2002 and is also a founding partner in Grossman, Furlow & Bayó, a boutique law firm specializing in regulatory and administrative practice. A frequent speaker before local, state, and national professional organizations on licensure and regulatory issues, Ed has presented over 240 seminars on laws and rules, ethics and boundaries, and risk management.

Legal advice is available to members. Please submit your question using the form below.

Q&A EXAMPLES

QUESTION: I have been helping one or two mornings a week at a clinic because the owner was too sick to practice. They have since passed away. I don’t know what to do about the controlled drugs that are in her name. The drugs are secure, and I have a DEA license, but the practice is being sold. I anticipate I will only be here a few more mornings until the sale goes through. Any advice?

A: The drugs are now part of the assets of the practice and can be sold with the practice. First, a detailed inventory must be created with names, quantities, lot numbers, and expiration dates. Then, the selling veterinarian and the purchasing veterinarian must sign the inventory. Because the selling veterinarian is deceased, you can sign in her stead. If there are any Schedule II substances, a DEA for 222 must be created to document the transfer.

QUESTION: How long should I maintain my liability insurance after retiring if I don’t plan to practice any longer?

A: You should contact your insurance company to discuss this.

Insurance companies usually offer “tail coverage” that runs for two (2) years, which is the statute of limitations for negligence, after the doctor retires/stops practicing. Because this coverage runs after active practicing, the premium is much less as there are no new possibilities for claims.

QUESTION: Does a mobile, mixed-practice veterinarian need to have an HCCE permit? To clarify, I only take my vehicle out into the field for large animal patients.

A: If you are a solo practitioner, you do not need an HCCE permit.

However, you may have problems buying drugs from some wholesalers that require the HCCE as part of the transaction.

QUESTION: We had a client take a written Rx filled out on a security Rx and a DEA number to a pharmacy, but they were told that it is now required to send by e-script only. Is this exclusive to certain pharmacies, or does it apply state- or county-wide?

A: The pharmacist is wrong. The e-prescribing law is in Chapter 456 of the Florida Statues, which applies to “health care practitioners” as defined in Chapter 456:

(4) “Health care practitioner” means any person licensed under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part II or part III of chapter 483; chapter 484; chapter 486; chapter 490; chapter 491.

Licensed under Chapter 474 of the Florida Statutes, veterinarians are not on that list.