Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1383
veterinarians; malpractice; unprofessional conduct; action
Purpose
Outlines applicable situations for a person to have a private right of action in court against
a licensed veterinarian.
Background
The Arizona State Veterinary Medical Examining Board (Board) may, by majority consent,
revoke or suspend a permit or license granted to any veterinarian, or impose a civil penalty of up
to $1,000 against any veterinarian for: 1) unprofessional or dishonorable conduct; 2) publicly
professing to cure or treat diseases of a highly contagious, infectious and incurable nature;
3) curing or treating an injury or deformity in such a way as to deceive the public; or 4) testing any
animal for any communicable disease and knowingly stating verbally, or in writing, that the animal
is diseased or in a disease-free condition if the statement is contrary to the indication of the test
made.
The Board may sanction conduct as an administrative violation, rather than unprofessional
conduct, for actions including: 1) failure to timely renew the veterinary license or the premises
license while continuing to practice veterinary medicine or conducting business from that
premises; 2) failure to notify the Board in writing within 20 days of any change in resident,
practice, ownership, management or responsible veterinarian; or 3) minor records violations that
are routine entries into a medical record and that do not affect the diagnosis or care of an animal
(A.R.S. ยง 32-2233).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Includes, in unprofessional or dishonorable conduct, making a false statement on or altering
any document, record or report concerning the medical treatment of an animal.
2. Allows the Board to sanction as an administrative violation, rather than unprofessional
conduct, the failure to provide records or copies of records of veterinary medical services,
including copies of radiographs, to the owner of an animal or another licensed veterinarian
currently providing veterinary medical service to an animal within 10 days after the date of the
owner's or licensed veterinarian's request or in less than 10 days if the animals' medical
condition requires. FACT SHEET
S.B. 1383
Page 2
3. States that a person has a private right of action in court against a licensed veterinarian if the
person is in a veterinarian client patient relationship with the license veterinarian and the
licensed veterinarian either:
a) does not fully disclose all of the known 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; or
b) allows an unlicensed person to insert endotracheal tubing, administer intravenous
medication or perform any other invasive procedure on an animal without the direct
supervision of the licensed veterinarian and the procedure results in serious injury to or
death of the animal.
4. Entitles a person who prevails in a private right of action to, for the death of an animal, the fair
market value of the animal or the reasonable replacement cost of the animal, whichever is
greater, and the cost of all medical expenses for the animal relating to the action.
5. Entitles a person who prevails in a private right of action to, for serious injury to an animal,
the cost of all medical expenses for the animal relating to the action, including ongoing care.
6. Defines malpractice, gross incompetence and gross negligence for the purposes of veterinary
medicine.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
RA/slp