ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: NREW DPA 5-1-1-0 | 3rd Read 20-8-2-0


SB 1200: veterinarians; malpractice; unprofessional conduct

Sponsor: Senator Kavanagh, LD 3

Committee on Land, Agriculture & Rural Affairs

Overview

Expands the definition of unprofessional conduct for veterinarians and increases the maximum civil penalty for veterinarian misconduct from $1,000 to $1,900.

History

The Arizona State Veterinary Medical Examining Board (Board) can revoke or suspend a permit or license or impose a maximum civil penalty of $1,000 against a veterinarian for: 1) unprofessional or dishonorable conduct; 2) publicly professing to treat highly contagious diseases; 3) treating an injury in such a way as to deceive the public; and 4) testing any animal for any communicable disease and knowingly stating that the animal is diseased or in a disease-free condition if the statement is contrary to the test's indication. Additionally, the Board can sanction specified acts as administrative violations, rather than unprofessional conduct, and impose a maximum civil penalty of $1,000 against a veterinarian (A.R.S § 23-2233).  

Unprofessional or dishonorable conduct includes malpractice, gross incompetence or gross negligence in the practice of veterinary medicine (A.R.S. § 32-2232).

Malpractice means treatment in a manner contrary to accepted practices and with injurious results (A.R.S. § 32-2201).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteIncludes in the definition of unprofessional conduct for veterinarians:

a)   making a false statement on or altering any document, record or report to include a false statement concerning the medical treatment of an animal;

b)   withholding known medical information about a domestic animal that is necessary for the owner or caretaker to make an informed decision whether to pursue further treatment of the domestic animal with that veterinarian or another veterinarian; and

c) delegating professional responsibilities to a person when knowing or having reason to know that the person is not qualified by training, experience, education or certification to perform those responsibilities. (Sec. 1)

2.   Increases, from $1,000 to $1,900, the maximum civil penalty for unprofessional conduct and specified administrative violations. (Sec. 2, 3)

3.   Adds to the list of administrative violations failure to provide records or copies of records of veterinary medical services, including copies of radiographs, to the owner or another veterinarian currently providing veterinary medical services to a domestic animal within 10 days after the date of the owner's or veterinarian's request or in less than 10 days if the domestic animal's medical condition requires. (Sec. 2)

4.   Requires, for each year beginning January 1, 2025, the Board to increase the dollar amounts of the maximum civil penalties for veterinarian malpractice and administrative violation offenses for inflation based on the GDP price deflator. (Sec. 2)

5.   Defines domestic animal. (Sec. 1, 2)

6.   Makes technical changes. (Sec. 1, 2, 3)

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10.                    SB 1200

11.  Initials EB           Page 0 Land, Agriculture & Rural Affairs

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