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Senate Engrossed
veterinarian board; complaints; records; specialists |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1201 |
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An Act
amending sections 32-2202 and 32-2235, 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 32-2202, Arizona Revised Statutes, is amended to read:
32-2202. Board; members; appointment; terms; qualifications; officers; compensation
A. There shall be an The Arizona state veterinary medical examining board is established consisting of nine members who are appointed by the governor pursuant to section 38-211.
B. Each member shall serve for a term of four years. 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 the member's 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 this state and who have resided and practiced in the this state for at least five years immediately preceding appointment, no not more than three of whom shall be from the same veterinary college. Three members shall not be veterinarians, 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 chairperson 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 of not exceeding one hundred dollars more than $100 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. 2. Section 32-2235, Arizona Revised Statutes, is amended to read:
32-2235. Complaints; consultant lists; definition
A. Any person may file a complaint against a licensee for a violation of this chapter. Except as provided in subsection C of this section, complaints shall be submitted in proper form and signed by the complainant. Each complaint shall be turned over to an appointed staff investigator who shall compile the written complaint and the written response and may verify statements and any evidence submitted by the complainant and the respondent.
B. If after completion of this preliminary investigation the staff investigator believes that there would not be a violation of this chapter if the allegations were proven to be true or if the complaint does not fall under the jurisdiction of the board, the board shall review the written information and investigative report at a scheduled board meeting, at which time the board may dismiss the complaint or proceed as otherwise authorized.
C. A complaint may be anonymous if it is regarding either of the following:
1. Substance abuse by a veterinarian or certified veterinary technician.
2. A person committing the unlicensed practice of veterinary medicine.
D. The board, on its own initiative and based on information from any source, may investigate any alleged violation of this chapter.
E. Except as provided in subsection F of this section, for a complaint in which the discipline is not represented on the board, the board shall compile a list of specialists and a list of certified veterinary technicians to voluntarily advise the board and investigative committee pursuant to this section. If a complaint is against:
1. A specialist for the treatment of a domestic animal, the board shall request consultation from a specialist on the list for the consideration of the matter of the complaint. The consulting specialist shall have the same discipline as the specialist that is the subject of the complaint, if available.
2. A certified veterinary technician, the board shall request consultation from a certified veterinary technician on the list for the consideration of the matter of the complaint, if available.
F. Subsection E of this section does not apply if it would unreasonably delay a board or investigative committee action.
G. The specialist or certified veterinary technician, as applicable, who advises the board pursuant to subsection e of this section shall:
1. Appear either in person or electronically at an investigative hearing or a meeting before the board on the matter of the complaint.
2. Submit a formal recommendation on the matter of the complaint to the board.
H. The board shall notify a complainant in its initial contact with the complainant that during an investigative hearing or meeting before the board the veterinarian may be represented by an attorney and the complainant may bring an attorney to the hearing or meeting.
I. The board shall release to the owner of a domestic animal all of the animal's medical records that the board receives from the person who is the subject of the complaint.
J. For the purposes of this section, "domestic animal" means a mammal, bird, reptile or amphibian that is not regulated by title 3 and that is kept primarily as a pet or companion or that is bred to be a pet or companion.
Sec. 3. 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.