Arizona 2023 Regular Session

Arizona Senate Bill SB1383 Compare Versions

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

Old	New	Differences
1	1	REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1383 Introduced by Senator Kavanagh An Act amending sections 32-2232 and 32-2233, 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)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action
10	10	State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11	11	SB 1383
12	12	Introduced by Senator Kavanagh
13	13
14	14	REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1383
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senator Kavanagh
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending sections 32-2232 and 32-2233, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2240.02; relating to veterinarians.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	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 of veterinary medicine. 7. Chronic inebriety or the 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: (a) The failure of a licensed veterinarian who examines an animal to provide the animal's owner or caretaker with all the known medical information about the animal that is relevant to the animal's health, including disclosing all of the animal's known 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 licensed veterinarian or with another veterinarian. (b) The failure of a licensed veterinarian to supervise unlicensed persons whom the licensed veterinarian authorizes to perform an invasive procedure, including inserting endotracheal tubing, administering medication intravenously or performing any other invasive procedure, on an animal if the procedure results in serious injury or death to the animal. 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 licensed veterinarian is a specialist if the licensed 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. Making a false statement on or altering any document, record or report concerning the medical treatment of an animal. END_STATUTE Sec. 2. Section 32-2233, Arizona Revised Statutes, is amended to read: START_STATUTE32-2233. Revocation or suspension of license or permit; civil penalties; report of perjury A. The board, by majority consent, may revoke or suspend a permit or license granted to any person under this chapter or may impose a civil penalty of not to exceed one thousand dollars more than $1,000 against any veterinarian or the responsible veterinarian, or both, 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. 4. Testing any animal for any communicable disease and knowingly stating verbally or in writing that the animals are animal is diseased or in a disease-free condition if the statement is contrary to the indication of the test made. B. The board may sanction any of the following conduct as an administrative violation, rather than unprofessional conduct, and may impose a civil penalty of not more than one thousand dollars $1,000 for any of the following: 1. Failure to timely renew the veterinary license or the premises license while continuing to practice veterinary medicine or conducting business from that those premises. 2. Failure to notify the board in writing within twenty days of after any change in residence, practice, ownership, management or responsible veterinarian. 3. Minor records violations that are routine entries into a medical record and that do not affect the diagnosis or care of the animal. 4. Failure to provide records or copies of records of veterinary medical services, including copies of radiographs, to the owner of or another licensed veterinarian currently providing veterinary medical services to an animal within ten days after the date of the owner's or licensed veterinarian's request or in less than ten days if the animal's medical condition requires. C. The civil penalties collected pursuant to this chapter shall be deposited in the state general fund. D. The board may report to the proper legal authorities for perjury anyone it suspects of giving deliberate, fraudulent testimony whether the testimony is given personally, telephonically or in writing. END_STATUTE Sec. 3. 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; damages A. 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 licensed veterinarian and the licensed veterinarian either: 1. 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. 2. 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. b. a PERSON WHO PREVAILS IN A PRIVATE RIGHT OF ACTION UNDER THIS CHAPTER IS ENTITLED TO THE FOLLOWING: 1. 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 described in subsection A, paragraph 1 or 2 of this section. 2. fOR SERIOUS INJURY TO AN ANIMAL, THE COST OF ALL MEDICAL EXPENSES FOR THE ANIMAL relating to the action described in subsection A, paragraph 1 or 2 of this section, INCLUDING ONGOING CARE. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 32-2232, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE32-2232. Unprofessional or dishonorable conduct
85	85
86	86	As used in this chapter, unprofessional or dishonorable conduct includes:
87	87
88	88	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.
89	89
90	90	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.
91	91
92	92	3. Misrepresentation of services rendered.
93	93
94	94	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.
95	95
96	96	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.
97	97
98	98	6. Having professional connection with, or lending one's name to, any illegal practitioner of veterinary medicine and the various branches thereof of veterinary medicine.
99	99
100	100	7. Chronic inebriety or the unlawful use of narcotics, dangerous drugs or controlled substances.
101	101
102	102	8. Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals.
103	103
104	104	9. False, deceptive or misleading advertising, having for its purpose or intent deception or fraud.
105	105
106	106	10. Conviction of a crime involving moral turpitude, or conviction of a felony.
107	107
108	108	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:
109	109
110	110	(a) The failure of a licensed veterinarian who examines an animal to provide the animal's owner or caretaker with all the known medical information about the animal that is relevant to the animal's health, including disclosing all of the animal's known 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 licensed veterinarian or with another veterinarian.
111	111
112	112	(b) The failure of a licensed veterinarian to supervise unlicensed persons whom the licensed veterinarian authorizes to perform an invasive procedure, including inserting endotracheal tubing, administering medication intravenously or performing any other invasive procedure, on an animal if the procedure results in serious injury or death to the animal.
113	113
114	114	12. Violation of the ethics of the profession as defined by rules adopted by the board.
115	115
116	116	13. Fraud or misrepresentation in procuring a license.
117	117
118	118	14. Knowingly signing a false affidavit.
119	119
120	120	15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes.
121	121
122	122	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.
123	123
124	124	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.
125	125
126	126	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.
127	127
128	128	19. Failing to dispense drugs and devices in compliance with article 7 of this chapter.
129	129
130	130	20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided.
131	131
132	132	21. Failure to maintain adequate records of veterinary services provided.
133	133
134	134	22. Medical incompetence in the practice of veterinary medicine.
135	135
136	136	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.
137	137
138	138	24. Representing that the licensed veterinarian is a specialist if the licensed veterinarian lacks the credentials to be a specialist.
139	139
140	140	25. Performing veterinary services without having a valid veterinarian client patient relationship.
141	141
142	142	26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship.
143	143
144	144	27. Making a false statement on or altering any document, record or report concerning the medical treatment of an animal. END_STATUTE
145	145
146	146	Sec. 2. Section 32-2233, Arizona Revised Statutes, is amended to read:
147	147
148	148	START_STATUTE32-2233. Revocation or suspension of license or permit; civil penalties; report of perjury
149	149
150	150	A. The board, by majority consent, may revoke or suspend a permit or license granted to any person under this chapter or may impose a civil penalty of not to exceed one thousand dollars more than $1,000 against any veterinarian or the responsible veterinarian, or both, for:
151	151
152	152	1. Unprofessional or dishonorable conduct.
153	153
154	154	2. Publicly professing to cure or treat diseases of a highly contagious, infectious and incurable nature.
155	155
156	156	3. Curing or treating an injury or deformity in such a way as to deceive the public.
157	157
158	158	4. Testing any animal for any communicable disease and knowingly stating verbally or in writing that the animals are animal is diseased or in a disease-free condition if the statement is contrary to the indication of the test made.
159	159
160	160	B. The board may sanction any of the following conduct as an administrative violation, rather than unprofessional conduct, and may impose a civil penalty of not more than one thousand dollars $1,000 for any of the following:
161	161
162	162	1. Failure to timely renew the veterinary license or the premises license while continuing to practice veterinary medicine or conducting business from that those premises.
163	163
164	164	2. Failure to notify the board in writing within twenty days of after any change in residence, practice, ownership, management or responsible veterinarian.
165	165
166	166	3. Minor records violations that are routine entries into a medical record and that do not affect the diagnosis or care of the animal.
167	167
168	168	4. Failure to provide records or copies of records of veterinary medical services, including copies of radiographs, to the owner of or another licensed veterinarian currently providing veterinary medical services to an animal within ten days after the date of the owner's or licensed veterinarian's request or in less than ten days if the animal's medical condition requires.
169	169
170	170	C. The civil penalties collected pursuant to this chapter shall be deposited in the state general fund.
171	171
172	172	D. The board may report to the proper legal authorities for perjury anyone it suspects of giving deliberate, fraudulent testimony whether the testimony is given personally, telephonically or in writing. END_STATUTE
173	173
174	174	Sec. 3. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2240.02, to read:
175	175
176	176	START_STATUTE32-2240.02. Private right of action; damages
177	177
178	178	A. 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 licensed veterinarian and the licensed veterinarian either:
179	179
180	180	1. 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.
181	181
182	182	2. 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.
183	183
184	184	b. a PERSON WHO PREVAILS IN A PRIVATE RIGHT OF ACTION UNDER THIS CHAPTER IS ENTITLED TO THE FOLLOWING:
185	185
186	186	1. 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 described in subsection A, paragraph 1 or 2 of this section.
187	187
188	188	2. fOR SERIOUS INJURY TO AN ANIMAL, THE COST OF ALL MEDICAL EXPENSES FOR THE ANIMAL relating to the action described in subsection A, paragraph 1 or 2 of this section, INCLUDING ONGOING CARE. END_STATUTE