|
REFERENCE TITLE: veterinarians; unprofessional conduct; private action |
|
State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
|
|
SB 1202 |
|
|
|
Introduced by Senators Kavanagh: Shope; Representative Shah
|
An Act
amending section 32-2232, Arizona Revised Statutes; amending title 32, chapter 21, article 3, Arizona Revised Statutes, by adding section 32-2232.01; 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.
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.
27. delegating professional responsibilities to a person when knowing or having reason to know that the person is not qualified, by training, experience or certification, to perform those responsibilities.
Sec. 2. Title 32, chapter 21, article 3, Arizona Revised Statutes, is amended by adding section 32-2232.01, to read:
32-2232.01. 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 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 PERform any 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.