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REFERENCE TITLE: veterinarian licensure; shelter-owned animals |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2772 |
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Introduced by Representative Kavanagh
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AN ACT
amending sections 32‑2211 and 32-2232, 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 32-2211, Arizona Revised Statutes, is amended to read:
32-2211. Exceptions from application of chapter
A. This chapter shall does not apply to:
1. A commissioned veterinary medical officer of the United States armed services, or employees of the animal disease eradication division of the United States department of agriculture.
2. Except as provided in subsection B of this section, a person treating an animal belonging to himself the person or his the person's employer while in the regular service of such that employer or a person treating the animal of another without compensation therefor. Animals consigned by their legal owner for feeding or care to consignment livestock operations shall be considered to be the property of the consignee.
3. A licensed veterinarian of another state or foreign country consulting with a licensed veterinarian in this state.
4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the veterinary student's educational experience if both of the following apply:
(a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care.
(b) The veterinary student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member.
5. A veterinary assistant employed by a licensed veterinarian performing duties other than diagnosis, prognosis, prescription or surgery under the direct supervision or indirect supervision of such the licensed veterinarian who shall be is responsible for such the veterinary assistant's performance.
B. A person who provides veterinary services to an animal that is owned by the person's employer is subject to board regulation solely for acts constituting gross negligence.
Sec. 2. 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:
1. Includes:
1. (a) 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. (b) 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. (c) Misrepresentation of services rendered.
4. (d) 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. (e) 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. (f) Having professional connection with, or lending one's name to, any illegal practitioner of veterinary medicine and the various branches thereof.
7. (g) Chronic inebriety or unlawful use of narcotics, dangerous drugs or controlled substances.
8. (h) Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals.
9. (i) False, deceptive or misleading advertising, having for its purpose or intent deception or fraud.
10. (j) Conviction of a crime involving moral turpitude, or conviction of a felony.
11. (k) Malpractice, gross incompetence or gross negligence in the practice of veterinary medicine.
12. (l) Violation of the ethics of the profession as defined by rules adopted by the board.
13. (m) Fraud or misrepresentation in procuring a license.
14. (n) Knowingly signing a false affidavit.
15. (o) Distribution of narcotics, dangerous drugs, prescription‑only drugs or controlled substances for other than legitimate purposes.
16. (p) 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. (q) 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. (r) 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. (s) Failing to dispense drugs and devices in compliance with article 7 of this chapter.
20. (t) Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided.
21. (u) Failure to maintain adequate records of veterinary services provided.
22. (v) Medical incompetence in the practice of veterinary medicine.
23. (w) Cruelty to or neglect of animals. For the purposes of this paragraph subdivision, "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. (x) Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist.
25. (y) Performing veterinary services without having a valid veterinarian client patient relationship.
26. (z) Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship.
2. Does not include a licensed veterinarian's decision whether or not to euthanize an animal if both of the following apply:
(a) The licensed veterinarian is employed by an animal shelter as defined in section 11‑1022.
(b) The animal is owned by the animal SHELTER described in subdivision (a) of this paragraph.