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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1269 |
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AN ACT
amending sections 32‑2201, 32‑2202, 32‑2232, 32‑2237, 32‑2249, 32‑2276 and 32‑2296, Arizona Revised Statutes; relating to veterinarians.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2201, Arizona Revised Statutes, is amended to read:
32-2201. Definitions
In this chapter, unless the context otherwise requires:
1. "Animal" means any animal other than human.
2. "Board" means the Arizona state veterinary medical examining board.
3. "Certified veterinary technician" means either:
(a) A graduate of a minimum two year American veterinary medical association accredited program in veterinary technology who has passed a national and a state veterinary technician examination.
(b) A person who is certified on or before December 31, 2010 pursuant to the rules adopted by the board.
4. "Consulting" means providing professional or expert advice which that is requested by a veterinarian licensed in this state and that is rendered only on a specific case basis.
5. "Controlled substance" means any substance which that is registered and controlled under the federal controlled substances act (P.L. 91‑513).
6. "Cremation" means the heating process that reduces animal remains to bone fragments by combustion and evaporation.
7. "Crematory" means a building or portion of a building that is licensed pursuant to article 8 of this chapter and that houses a retort in which only animal remains are cremated.
8. "Direct supervision" means that a licensed veterinarian is physically present at the location where animal health care is being performed.
9. "Gross incompetence" means any professional misconduct or unreasonable lack of professional skill in the performance of professional practice.
10. "Gross negligence" means treatment of a patient or practice of veterinary medicine resulting in injury, unnecessary suffering or death that was caused by carelessness, negligence or the disregard of established principles or practices.
11. "Indirect supervision" means that a licensed veterinarian is not physically present at the location where animal health care is being performed but has given either written or oral instructions for treatment of the animal patient.
12. "Letter of concern" means an advisory letter to notify a veterinarian that, while there is insufficient evidence to support disciplinary action, the board believes the veterinarian should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the veterinarian's license.
13. "Licensed veterinarian" means a person who is currently licensed to practice veterinary medicine in this state.
14. "Malpractice" means treatment in a manner contrary to accepted practices and with injurious results.
15. "Medical incompetence" means lacking sufficient medical knowledge or skills, or both, to a degree likely to endanger the health of patients or lacking equipment, supplies or medication to properly perform a procedure.
16. "Negligence" means the failure of a licensed veterinarian to exercise reasonable care in the practice of veterinary medicine.
17. "Regularly" means that veterinary services are offered to the public once a month or more frequently.
18. "Responsible veterinarian" means the veterinarian who is responsible to the board for compliance by licensed veterinary premises with the laws and rules of this state and of the federal government pertaining to the practice of veterinary medicine and responsible for the establishment of policy at such premises.
19. "Specialist" means a veterinarian who is certified as a diplomate in a particular discipline by a national specialty board or college recognized by the American veterinary medical association after the completion of additional education and training, an internship or residency, passing required examinations and meeting any other criteria required by the various individual national specialty boards or colleges.
20. "Supervising veterinarian" means a licensed veterinarian who is responsible for the care rendered to an animal by a certified veterinary technician or a veterinary assistant.
21. "Temporary sites" means sites where outpatient veterinary services are performed.
22. "Twenty‑four hour services" means veterinary services when a veterinarian is on the premises twenty‑four hours a day.
23. "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a college of veterinary medicine.
24. "Veterinarian client patient relationship" means all of the following:
(a) The veterinarian has assumed the responsibility for making medical judgments regarding the animal's health and need for medical treatment and the client, owner or caretaker has agreed to follow the veterinarian's instructions.
(b) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the animal's medical condition. Sufficient knowledge is obtained when the veterinarian has recently seen and is personally acquainted with the keeping and caring of the animal as a result of examining the animal, when the veterinarian makes medically appropriate and timely visits to the premises where the animal is kept or when a veterinarian affiliated with the practice has reviewed the medical record of such examinations or visits.
(c) The veterinarian is readily available for a follow‑up evaluation or the veterinarian has arranged for either of the following:
(i) Emergency coverage.
(ii) Continuing care and treatment by another veterinarian who has access to the animal's medical records.
24. 25. "Veterinary assistant" means an individual who provides care under the direct or indirect supervision of a veterinarian or certified veterinary technician.
25. 26. "Veterinary college" means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and that conforms to the standards required for accreditation by the American veterinary medical association.
26. 27. "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, acupuncture, manipulation and all other branches or specialties of veterinary medicine and the prescribing, administering or dispensing of drugs and medications for veterinary purposes.
Sec. 2. Section 32-2202, Arizona Revised Statutes, is amended to read:
32-2202. Board; appointment; term; qualifications; officers; compensation
A. There shall be an Arizona state veterinary medical examining board consisting of nine members appointed by the governor pursuant to section 38‑211.
B. Each member shall serve for a term of five four years. No A member shall not serve more than two full terms. After notice and a hearing before the governor, a member of the board may be removed on a finding by the governor of continued neglect of duty, incompetence or unprofessional or dishonorable conduct. The term of any member automatically ends on written resignation submitted to the board or to the governor.
C. Five members shall be licensed veterinarians who have an established practice location in this state or are employed by a university or a political subdivision of the state and who have resided and practiced in the state for at least five years immediately preceding appointment, no more than three of whom shall be from the same veterinary college. Four Three members shall not be lay persons veterinarians, three two representing the general public and one representing the livestock industry. One member shall be a certified veterinary technician who has held the designation for at least five years, is currently employed in the veterinary field in this state and has practiced and resided in this state for at least five years immediately preceding appointment. Except as provided in subsection F of this section, a person who has been convicted of a violation of any provision of this chapter is ineligible for appointment.
D. The board shall elect a chairman and such other officers as it deems necessary. The term of each officer shall be one year ending June 30, or until the officer's successor is elected and qualifies.
E. Each member of the board shall receive compensation at a rate not exceeding one hundred dollars for each day engaged in the service of the board.
F. The governor may appoint a person to the board who has previously been sanctioned pursuant to section 32‑2233, subsection B.
Sec. 3. Section 32-2232, Arizona Revised Statutes, is amended to read:
32-2232. 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.
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.
Sec. 4. Section 32-2237, Arizona Revised Statutes, is amended to read:
32-2237. Committee to investigate violations; referral to county attorney or attorney general; inspection of records; subpoenas; civil penalty; injunctions; cease and desist orders; confidentiality
A. The board shall appoint one or more investigative committees, each consisting of three members of the general public licensed veterinarians who are not board members and two licensed veterinarians members of the general public who are not board members. The board shall appoint and dismiss members of investigative committees. Each member shall serve for a term of two years. A committee member may not serve more than four consecutive terms. A member of the investigative committee must resign when the member files an application to serve on the board. A quorum for an investigative committee shall include at least three members, at least two of whom must be veterinarians.
B. The investigative committee may interview witnesses, gather evidence and otherwise investigate any allegations accusing any person of violating any of the provisions of this chapter. An assistant attorney general shall advise the investigative committee on all questions of law arising out of its investigations. The expenses of the committee shall be paid out of the veterinary medical examining board fund.
B. C. The investigative committee shall prepare a written report relating to any allegations it investigates. The committee shall present its report to the board in an open meeting. The report shall include:
1. A summary of the investigation.
2. Findings of fact.
3. Either a recommendation to dismiss the allegation made in the complaint or a finding that a violation of this chapter or a rule adopted pursuant to this chapter occurred.
C. D. If the board rejects any recommendation contained in a report of the investigative committee, it shall document the reasons for its decision in writing.
D. E. Upon the complaint of any citizen of this state, or upon its own initiative, the board may investigate any alleged violation of this chapter. If after investigation the board has probable cause to believe that an unlicensed person is performing acts that are required to be performed by a person licensed pursuant to this chapter, the board may take one or more of the following enforcement actions:
1. Issue a cease and desist order.
2. Request the county attorney or attorney general to file criminal charges against the person.
3. File an action in the superior court to enjoin the person from engaging in the unlicensed practice of veterinary medicine.
4. After notice and an opportunity for a hearing, impose a civil penalty of not more than one thousand dollars for each violation.
E. F. The board or its agents or employees may at all reasonable times have access to and the right to copy any documents, reports, records or other physical evidence of any veterinarian, including documents, reports, records or physical evidence maintained by and in the possession of any veterinary medical hospital, clinic, office or other veterinary medical premises being investigated, if such documents, records, reports or other physical evidence relates to a specific investigation or proceeding conducted by the board.
F. G. The board on its own initiative or upon application of any person involved in an investigation or proceeding conducted by the board may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents, reports, records or any other physical evidence if such evidence relates to the specific investigation or proceeding conducted by the board.
G. H. Except as provided in this subsection, all materials, documents and evidence associated with a pending or resolved complaint or investigation are confidential and are not public records. The following materials, documents and evidence are not confidential and are public records if they relate to resolved complaints:
1. The complaint.
2. The response and any rebuttal statements submitted by the licensee or certificate holder.
3. Board discussions of complaints that are recorded pursuant to section 32‑2204, subsection C.
4. Written reports of an investigative committee that are prepared pursuant to subsection B C of this section.
5. Written statements of the board that are prepared pursuant to subsection C D of this section.
Sec. 5. Section 32-2249, Arizona Revised Statutes, is amended to read:
32-2249. Revocation or suspension of certificate; grounds; emergency care by technician; letter of concern
A. Except as provided in subsection B of this section, the board may:
1. Take one or more of the following actions:
(a) Revoke or suspend a certificate.
(b) Issue a decree of censure. or
(c) Place a certified veterinary technician on probation.
(d) Impose a civil penalty not to exceed one thousand dollars per violation.
2. Take one or more of the actions described in paragraph 1 for any of the following reasons:
1. (a) The employment of fraud, misrepresentation or deception in obtaining certification.
2. (b) Conviction on a charge of cruelty to animals or conviction of a felony, in which case the record of such conviction will be conclusive evidence.
3. (c) Chronic inebriety or habitual use of narcotics, dangerous drugs or controlled substances.
4. (d) Gross ignorance or inefficiency in connection with the performance of technical procedures in veterinary medicine.
5. (e) Representing himself as a doctor of veterinary medicine.
6. (f) 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 under this chapter or a written order of the board issued pursuant to this chapter.
7. (g) Practicing veterinary medicine.
8. (h) Gross incompetence or gross negligence.
9. (i) Following orders that are in violation of this chapter or rules adopted pursuant to this chapter.
B. In an emergency, a certified veterinary technician may render emergency care or first aid if the technician is supervised telephonically by a licensed veterinarian or until a licensed veterinarian arrives. This does not preclude emergency care as outlined in section 32‑2261.
C. If the board receives information indicating that a certified veterinary technician may have engaged in unprofessional or dishonorable conduct and it appears after investigation that the information may be true, the board may request an informal interview. If the certified veterinary technician refuses the interview or if other evidence relating to the technician's professional competence indicates that disciplinary action should be taken, the board may take the action as prescribed by subsection A of this section.
D. If, as a result of information ascertained during an investigation, informal interview or formal hearing of a certified veterinary technician, the board has concern for the certified veterinary technician's conduct but has not found the conduct to be a reason listed in subsection A of this section, the board may issue a letter of concern to the technician regarding the technician's conduct.
Sec. 6. Section 32-2276, Arizona Revised Statutes, is amended to read:
32-2276. Retention of jurisdiction
The lapsing or suspension of a license by operation of law or by order of the board or a court of law or the voluntary surrender of a license does not deprive the board of jurisdiction to do any of the following:
1. Proceed with any investigation of or action or disciplinary proceeding against the licensee.
2. Render a decision suspending or revoking the license or denying the renewal or right of renewal of the license.
3. Assess a civil penalty pursuant to section 32‑2233 or section 32‑2237, subsection D E.
Sec. 7. Section 32-2296, Arizona Revised Statutes, is amended to read:
32-2296. Retention of jurisdiction
The lapsing or suspension of a license by operation of law or by order of the board or a court of law or the voluntary surrender of a license does not deprive the board of jurisdiction to do any of the following:
1. Proceed with any investigation of or action or disciplinary proceeding against the licensee.
2. Render a decision suspending or revoking the license or denying the renewal or right of renewal of the license.
3. Assess a civil penalty pursuant to section 32‑2233 or section 32‑2237, subsection D E.
Sec. 8. Retention of members
Notwithstanding section 32-2202, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona state veterinary medical examining board on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.