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REFERENCE TITLE: veterinarians; malpractice; unprofessional conduct; action |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1383 |
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Introduced by Senator Kavanagh
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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)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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 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.
Sec. 2. Section 32-2233, Arizona Revised Statutes, is amended to read:
32-2233. 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.
Sec. 3. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2240.02, to read:
32-2240.02. 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.