Arizona 2022 Regular Session

Arizona House Bill HB2692 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2692 Introduced by Representative Payne AN ACT amending section 32-2232, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2240.02; relating to veterinarians. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action
10	10	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
11	11	HB 2692
12	12	Introduced by Representative Payne
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14	14	REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action
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24	24	State of Arizona
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26	26	House of Representatives
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28	28	Fifty-fifth Legislature
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38	38	HB 2692
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42	42	Introduced by
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44	44	Representative Payne
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50	50	AN ACT
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54	54	amending section 32-2232, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2240.02; relating to veterinarians.
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60	60	(TEXT OF BILL BEGINS ON NEXT PAGE)
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64	64	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-2232, Arizona Revised Statutes, is amended to read: START_STATUTE32-2232. Unprofessional or dishonorable conduct As used in this chapter, unprofessional or dishonorable conduct includes: 1. The fraudulent use of any certificate or other official form used in practice that would increase the hazard of dissemination of disease, the transportation of diseased animals or the sale of inedible food products of animal origin for human consumption. 2. Inadequate methods in violation of meat inspection procedures prescribed by the federal government and Arizona meat inspection laws or wilful neglect or misrepresentation in the inspection of meat. 3. Misrepresentation of services rendered. 4. Failure to report, or the negligent handling of, the serious epidemic diseases of animals, such as anthrax, rabies, glanders, brucellosis, tuberculosis, foot and mouth disease, hog cholera, and other communicable diseases known to medical science as being a menace to human or animal health. 5. The dispensing or giving to anyone of live culture or attenuated live virus vaccines to be administered by a layman without providing instruction as to their administration and use. 6. Having professional connection with, or lending one's name to, any illegal practitioner of veterinary medicine and the various branches thereof. 7. Chronic inebriety or unlawful use of narcotics, dangerous drugs or controlled substances. 8. Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals. 9. False, deceptive or misleading advertising, having for its purpose or intent deception or fraud. 10. Conviction of a crime involving moral turpitude, or conviction of a felony. 11. Malpractice, gross incompetence or gross negligence in the practice of veterinary medicine. For the purposes of this paragraph, "malpractice", "gross incompetence" and "gross negligence" include the failure of a veterinarian who examines an animal to provide the animal's owner or caretaker with all the medical information about the animal that is relevant to the animal's health, including disclosing all of the animal's medical issues that are necessary for the OWNER or caretaker to make a fully informed decision whether to pursue further treatment of the animal with that veterinarian or with another veterinarian. 12. Violation of the ethics of the profession as defined by rules adopted by the board. 13. Fraud or misrepresentation in procuring a license. 14. Knowingly signing a false affidavit. 15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes. 16. Violation of or failure to comply with any state or federal laws or regulations relating to the storing, labeling, prescribing or dispensing of controlled substances or prescription-only drugs as defined in section 32-1901. 17. Offering, delivering, receiving or accepting any rebate, refund, commission, preference, patronage, dividend, discount or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring animals or services to any person. 18. Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions of this chapter, a rule adopted by the board or a written order of the board. 19. Failing to dispense drugs and devices in compliance with article 7 of this chapter. 20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided. 21. Failure to maintain adequate records of veterinary services provided. 22. Medical incompetence in the practice of veterinary medicine. 23. Cruelty to or neglect of animals. For the purposes of this paragraph, "cruelty to or neglect of animals" means knowingly or negligently torturing, beating or mutilating an animal, killing an animal in an inhumane manner or depriving an animal of necessary food, water or shelter. 24. Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist. 25. Performing veterinary services without having a valid veterinarian client patient relationship. 26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship. 27. Failing to provide records or copies of records of veterinary medical services, including copies of radiographs, to an animal owner or another licensed veterinarian currently providing veterinary medical services within ten days after the date of the animal owner's or licensed veterinarian's request, or in fewer than ten days if the animal's medical condition requires. 28. Making a false statement on or altering any document, record or report concerning the medical treatment of an animal. END_STATUTE Sec. 2. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2240.02, to read: START_STATUTE32-2240.02. Private right of action A person has a private right of action in superior court against a veterinarian if the person is in a veterinarian-client patient relationship with the veterinarian and the veterinarian does not fully disclose all of the information about the animal's medical condition to the person, resulting in the person delaying pursuit of additional veterinary care for the animal to save the animal's life or diminish the animal's suffering. END_STATUTE
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66	66	Be it enacted by the Legislature of the State of Arizona:
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68	68	Section 1. Section 32-2232, Arizona Revised Statutes, is amended to read:
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70	70	START_STATUTE32-2232. Unprofessional or dishonorable conduct
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72	72	As used in this chapter, unprofessional or dishonorable conduct includes:
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74	74	1. The fraudulent use of any certificate or other official form used in practice that would increase the hazard of dissemination of disease, the transportation of diseased animals or the sale of inedible food products of animal origin for human consumption.
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76	76	2. Inadequate methods in violation of meat inspection procedures prescribed by the federal government and Arizona meat inspection laws or wilful neglect or misrepresentation in the inspection of meat.
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78	78	3. Misrepresentation of services rendered.
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80	80	4. Failure to report, or the negligent handling of, the serious epidemic diseases of animals, such as anthrax, rabies, glanders, brucellosis, tuberculosis, foot and mouth disease, hog cholera, and other communicable diseases known to medical science as being a menace to human or animal health.
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82	82	5. The dispensing or giving to anyone of live culture or attenuated live virus vaccines to be administered by a layman without providing instruction as to their administration and use.
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84	84	6. Having professional connection with, or lending one's name to, any illegal practitioner of veterinary medicine and the various branches thereof.
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86	86	7. Chronic inebriety or unlawful use of narcotics, dangerous drugs or controlled substances.
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88	88	8. Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals.
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90	90	9. False, deceptive or misleading advertising, having for its purpose or intent deception or fraud.
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92	92	10. Conviction of a crime involving moral turpitude, or conviction of a felony.
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94	94	11. Malpractice, gross incompetence or gross negligence in the practice of veterinary medicine. For the purposes of this paragraph, "malpractice", "gross incompetence" and "gross negligence" include the failure of a veterinarian who examines an animal to provide the animal's owner or caretaker with all the medical information about the animal that is relevant to the animal's health, including disclosing all of the animal's medical issues that are necessary for the OWNER or caretaker to make a fully informed decision whether to pursue further treatment of the animal with that veterinarian or with another veterinarian.
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96	96	12. Violation of the ethics of the profession as defined by rules adopted by the board.
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98	98	13. Fraud or misrepresentation in procuring a license.
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100	100	14. Knowingly signing a false affidavit.
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102	102	15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes.
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104	104	16. Violation of or failure to comply with any state or federal laws or regulations relating to the storing, labeling, prescribing or dispensing of controlled substances or prescription-only drugs as defined in section 32-1901.
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106	106	17. Offering, delivering, receiving or accepting any rebate, refund, commission, preference, patronage, dividend, discount or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring animals or services to any person.
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108	108	18. Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions of this chapter, a rule adopted by the board or a written order of the board.
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110	110	19. Failing to dispense drugs and devices in compliance with article 7 of this chapter.
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112	112	20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided.
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114	114	21. Failure to maintain adequate records of veterinary services provided.
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116	116	22. Medical incompetence in the practice of veterinary medicine.
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118	118	23. Cruelty to or neglect of animals. For the purposes of this paragraph, "cruelty to or neglect of animals" means knowingly or negligently torturing, beating or mutilating an animal, killing an animal in an inhumane manner or depriving an animal of necessary food, water or shelter.
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120	120	24. Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist.
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122	122	25. Performing veterinary services without having a valid veterinarian client patient relationship.
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124	124	26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship.
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126	126	27. Failing to provide records or copies of records of veterinary medical services, including copies of radiographs, to an animal owner or another licensed veterinarian currently providing veterinary medical services within ten days after the date of the animal owner's or licensed veterinarian's request, or in fewer than ten days if the animal's medical condition requires.
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128	128	28. Making a false statement on or altering any document, record or report concerning the medical treatment of an animal. END_STATUTE
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130	130	Sec. 2. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2240.02, to read:
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132	132	START_STATUTE32-2240.02. Private right of action
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134	134	A person has a private right of action in superior court against a veterinarian if the person is in a veterinarian-client patient relationship with the veterinarian and the veterinarian does not fully disclose all of the information about the animal's medical condition to the person, resulting in the person delaying pursuit of additional veterinary care for the animal to save the animal's life or diminish the animal's suffering. END_STATUTE