Arizona 2024 Regular Session

Arizona Senate Bill SB1202 Compare Versions

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

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1	1	REFERENCE TITLE: veterinarians; unprofessional conduct; private action State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1202 Introduced by Senators Kavanagh: Shope; Representative Shah An Act amending section 32-2232, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2232.01; relating to veterinarians. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: veterinarians; unprofessional conduct; private action
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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12	12	Introduced by Senators Kavanagh: Shope; Representative Shah
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14	14	REFERENCE TITLE: veterinarians; unprofessional conduct; private action
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40	40	SB 1202
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44	44	Introduced by
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46	46	Senators Kavanagh: Shope; Representative Shah
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64	64	An Act
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68	68	amending section 32-2232, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2232.01; relating to veterinarians.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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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. 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. delegating professional responsibilities to a person when knowing or having reason to know that the person is not qualified, by training, experience or certification, to perform those responsibilities. END_STATUTE Sec. 2. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2232.01, to read: START_STATUTE32-2232.01. 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 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 PERform any 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
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 32-2232, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE32-2232. Unprofessional or dishonorable conduct
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86	86	As used in this chapter, unprofessional or dishonorable conduct includes:
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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.
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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.
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92	92	3. Misrepresentation of services rendered.
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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.
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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.
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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.
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100	100	7. Chronic inebriety or the unlawful use of narcotics, dangerous drugs or controlled substances.
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102	102	8. Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals.
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104	104	9. False, deceptive or misleading advertising, having for its purpose or intent deception or fraud.
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106	106	10. Conviction of a crime involving moral turpitude, or conviction of a felony.
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108	108	11. Malpractice, gross incompetence or gross negligence in the practice of veterinary medicine.
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110	110	12. Violation of the ethics of the profession as defined by rules adopted by the board.
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112	112	13. Fraud or misrepresentation in procuring a license.
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114	114	14. Knowingly signing a false affidavit.
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116	116	15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes.
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118	118	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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120	120	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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122	122	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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124	124	19. Failing to dispense drugs and devices in compliance with article 7 of this chapter.
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126	126	20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided.
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128	128	21. Failure to maintain adequate records of veterinary services provided.
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130	130	22. Medical incompetence in the practice of veterinary medicine.
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132	132	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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134	134	24. Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist.
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136	136	25. Performing veterinary services without having a valid veterinarian client patient relationship.
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138	138	26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship.
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140	140	27. delegating professional responsibilities to a person when knowing or having reason to know that the person is not qualified, by training, experience or certification, to perform those responsibilities. END_STATUTE
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142	142	Sec. 2. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2232.01, to read:
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144	144	START_STATUTE32-2232.01. Private right of action; damages
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146	146	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:
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148	148	1. Does not fully disclose 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.
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150	150	2. Allows an unlicensed person to PERform any 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.
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152	152	b. a PERSON WHO PREVAILS IN A PRIVATE RIGHT OF ACTION UNDER THIS CHAPTER IS ENTITLED TO THE FOLLOWING:
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154	154	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.
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156	156	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