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Senate Engrossed
state veterinarian; certified rabies vaccinator |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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CHAPTER 132
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SENATE BILL 1194 |
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An Act
amending sections 11-1001, 11-1002, 11-1010, 32-2211 and 32-2231, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2240.02; amending section 32-2271, Arizona Revised Statutes; relating to animal control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-1001, Arizona Revised Statutes, is amended to read:
11-1001. Definitions
In section 13-1208 and in this article, unless the context otherwise requires:
1. "Animal" means any animal of a species that is susceptible to rabies, except man.
2. "At large" means being neither confined by an enclosure nor physically restrained by a leash.
3. "County board of health" means the duly constituted board of health of each county.
4. "County enforcement agent" means that person in each county who is responsible for the enforcement of enforcing this article and the rules adopted under this article.
5. "County pound" means any establishment that is authorized by the county board of supervisors for the confinement, maintenance, safekeeping to confine, maintain, safekeep and control of dogs and other animals that come into the custody of the county enforcement agent in the performance of his the county enforcement agent's official duties.
6. "Department" means the department of health services.
7. "Impound" means the act of taking or receiving into custody by the county enforcement agent any dog or other animal for the purpose of confinement in a county pound in accordance with the provisions of this article.
8. "Kennel" means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.
9. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses.
10. "Owner" means any person keeping who keeps an animal other than livestock for more than six consecutive days.
11. "Rabies quarantine area" means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.
12. "Stray dog" means any dog three months of age or older running at large that is not wearing a valid license tag.
13. "Vaccination" means the administration of an anti-rabies antirabies vaccine to animals by a veterinarian or by a rabies vaccinator who is certified pursuant to section 32-2240.02.
14. "Veterinarian", unless otherwise indicated, means any veterinarian who is licensed to practice in this state or any veterinarian who is employed in this state by a governmental agency.
15. "Veterinary hospital" means any establishment that is operated by a veterinarian licensed to practice in this state and that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it pens, stalls, cages or kennels for quarantine, observation or boarding.
16. "Vicious animal" means any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation, or that has been so declared after a hearing before a justice of the peace or a city magistrate.
Sec. 2. Section 11-1002, Arizona Revised Statutes, is amended to read:
11-1002. Powers and duties; state veterinarian; Arizona department of agriculture
A. The state veterinarian, employed pursuant to section 3-1211, shall designate the type or types of anti-rabies antirabies vaccines that may be used for vaccination of animals, the period of time between vaccination and revaccination and the dosage and method of administration of the vaccine.
b. The state veterinarian shall adopt rules to implement section 32-2240.02.
B. c. The Arizona department of agriculture shall regulate the handling and disposition of animals classed as livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.
Sec. 3. Section 11-1010, Arizona Revised Statutes, is amended to read:
11-1010. Antirabies vaccination; vaccination and license stations
A. Before a license is issued for any dog, the owner or a veterinarian must present a paper or electronic copy or telefacsimile of the vaccination certificate signed by a veterinarian stating the owner's name and address, and giving the dog's description, date of vaccination, manufacturer and serial number of the vaccine used and date revaccination is due. A duplicate of each rabies vaccination certificate issued shall be transmitted to the county enforcement agent within two weeks of after the date the dog was vaccinated. No A dog shall not be licensed unless it is vaccinated in accordance with the provisions of this article and the regulations promulgated rules adopted pursuant to this article.
B. A dog vaccinated in any other state prior to entry into Arizona may be licensed in Arizona provided that, at the time of licensing, the owner of the dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that state or a veterinarian employed by a governmental agency in that state, stating the owner's name and address, and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine used. The vaccination must be in conformity conform with the provisions of this article and the regulations promulgated rules adopted pursuant to this article.
C. The county enforcement agent shall make provisions provide for vaccination clinics as deemed necessary. The vaccination shall be performed by a veterinarian or by a rabies vaccinator who is certified in the administration of rabies vaccines pursuant to section 32-2240.02.
Sec. 4. Section 32-2211, Arizona Revised Statutes, is amended to read:
32-2211. Exceptions from application of chapter
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. A person treating who treats an animal belonging to himself the person or his the person's employer while in the regular service of such that employer, or 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 who consults 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 who is employed by a licensed veterinarian performing and who performs 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.
6. A rabies vaccinator who is certified in the administration of rabies vaccines pursuant to section 32-2240.02.
Sec. 5. Section 32-2231, Arizona Revised Statutes, is amended to read:
32-2231. Acts constituting the practice of veterinary medicine; exceptions; definitions
A. A person shall be regarded as practicing veterinary medicine, surgery and dentistry within the meaning of this chapter who, within this state:
1. By advertisement, or by any notice, sign or other indication, or by a statement written, printed or oral, in public or in private, made, done or procured by himself the person or any other at his the person's request claims, announces, makes known or pretends ability or willingness to diagnose any animal condition, disease, deformity, defect, wound or injury or to perform any type of surgical procedure on animals.
2. Advertises or makes known or claims ability and willingness to perform the following for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted:
(a) Prescribe or administer any drug, medicine, treatment, method or practice for any animal.
(b) Perform any operation or manipulation on or apply any apparatus or appliance to any animal.
(c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal condition, disease, deformity, defect, wound or injury.
3. Diagnoses or prognosticates any animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.
4. Prescribes or administers any drug, medicine, treatment, method or practice, performs any operation or manipulation, or applies any apparatus or appliance for the cure, amelioration, correction or modification of any animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.
B. This section does not apply to:
1. Duly authorized representatives of the United States department of agriculture in the discharge of any duty authorized by the director in charge of the animal disease eradication division.
2. A certified veterinary technician performing a task or function authorized by the rules of the board in the employ of and under the direction, supervision and control of a licensed veterinarian or a licensed veterinary faculty member.
3. An equine dental practitioner if all of the following apply:
(a) The equine dental practitioner is certified by the international association of equine dentistry or the academy of equine dentistry.
(b) The equine dental practitioner performs any of the following procedures under the general supervision of a licensed veterinarian:
(i) The application of any apparatus used to work on the oral cavity.
(ii) The examination of dental conditions.
(iii) The removal of overgrowth from the teeth of horses and the removal of sharp enamel points from the teeth of horses, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.
(iv) Any treatment of the oral cavity as authorized by the animal's owner, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.
(c) The equine dental practitioner provides both of the following to the board:
(i) Proof of current certification from the international association of equine dentistry or the academy of equine dentistry.
(ii) A written statement signed by the supervising veterinarian that the certified equine dental practitioner will be under the general or direct supervision of the licensed veterinarian when performing the procedures prescribed by this paragraph.
(d) Both the supervising veterinarian and the certified equine dental practitioner maintain dental charts for procedures done pursuant to this paragraph.
4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the 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 student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member.
5. a rabies vaccinator who is certified pursuant to section 32-2240.02.
C. Notwithstanding subsection B, paragraph 3 of this section, only a licensed veterinarian and not an equine dental practitioner may prescribe or administer, or both prescribe and administer, any drug or medicine.
D. For the purposes of this section:
1. "Direct supervision" means a licensed veterinarian must authorize and be physically present for the procedure.
2. "General supervision" means a licensed veterinarian must be available for consultation by telephone or other form of immediate communication.
Sec. 6. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2240.02, to read:
32-2240.02. Certified rabies vaccinators; training; renewal
A. A licensed veterinarian may appoint a person who is not a veterinarian licensed pursuant to section 32-2212 as a certified rabies vaccinator to administer rabies vaccines on the premises of a shelter or animal rescue organization facility that is located in a county with a population of less than four hundred thousand persons or a census county division with less than fifty thousand persons in a county with a population of four hundred thousand persons or more if a licensed VETERINARIAN is not available.
b. The licensed veterinarian who made the appointment shall provide in-person training to each person appointed to administer rabies vaccines pursuant to subsection A of this section. On satisfactory completion of this training, the licensed veterinarian who made the appointment shall certify in writing that the person has demonstrated the knowledge and skills acceptable to administer rabies vaccines.
c. Initial certification of rabies vaccinators under this section is valid for one year. Subsequent certifications under this section are valid for two years and must be renewed as prescribed by the state veterinarian pursuant to section 11-1002.
d. The certified rabies vaccinator shall maintain records of all vaccinations administered for three years and SHALL NOTIFY the veterinarian who made the appointment of any adverse events.
e. A licensed veterinarian who appoints a certified rabies vaccinator is not liable for any action taken by a certified rabies vaccinator in the course of administering a rabies vaccine.
Sec. 7. Section 32-2271, Arizona Revised Statutes, is amended to read:
32-2271. License required; premises; inspections; exemption
A. A person shall not provide veterinary services, including diagnosis, treatment, dentistry, surgery or dispensing prescription-only veterinary drugs, to the public without a license issued by the board.
B. A premises license shall be for a fixed location where a veterinarian retains the records of a veterinary practice, stores veterinary equipment or offers veterinary services to the public. A responsible veterinarian who holds a premises license may provide veterinary services to the public at the licensed fixed location and any temporary site in this state at which adequate equipment and sanitation are available considering the type of veterinary medical services provided. A veterinarian shall obtain a separate premises license for each fixed location at which veterinary services are regularly offered to the public. The responsible veterinarian may authorize other licensed veterinarians to provide services to the public pursuant to the responsible veterinarian's veterinary premises license. Both the responsible veterinarian and the veterinarian who provides the veterinary services shall maintain records of the veterinary services provided and ensure that adequate equipment and sanitation are available.
C. The board shall inspect all fixed locations before issuing a premises license. Adequate equipment and sanitation shall be available for use at any location which is necessary to provide the range of veterinary services which the veterinarian proposes to offer.
D. The board may inspect any site at which a veterinarian offers veterinary services to the public.
E. This section does not apply to county sponsored county-sponsored rabies vaccination clinics, veterinarians persons who are exempt under section 32-2211 and veterinarians licensed under section 32-2217.
APPROVED BY THE GOVERNOR MAY 11, 2023.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 12, 2023.