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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
veterinarian malpractice actions; damages
Purpose
Allows a person to receive specified damages in a successful malpractice action against a veterinarian for the death of the person's domestic animal.
Background
A veterinarian commits malpractice when they conduct treatment in a manner contrary to accepted practices and with injurious results (A.R.S. § 32-2201). If the Arizona State Veterinary Medical Examining Board (Board) receives information indicating that a veterinarian may have engaged in unprofessional or dishonorable conduct, the Board may appoint one or more investigative committees to interview witnesses, gather evidence and otherwise investigate allegations. If it appears, after investigation, that the information may be true, the Board may issue a notice of formal hearing or request an informal interview with the veterinarian. The Board may impose a temporary suspension or restriction of the veterinarian's license to practice in addition to a civil penalty no more than $1,000 (A.R.S. §§ 32-2234 and 32-2237).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person, if the person prevails in a malpractice action against a veterinarian, to receive the following reasonable damages for the death of the person's domestic animal:
a) the fair market value of the domestic animal; and
b) the cost of reasonable and necessary veterinary medical expenses for the domestic animal resulting from the malpractice activity.
2. Defines domestic animal as 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.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the ability for a person to receive $10,000 for the person's future loss of companionship if the person prevails in a malpractice action against a veterinarian.
Amendments Adopted by Committee of the Whole
1. Stipulates a person may receive reasonable damages for the death of the person's domestic animal.
2. States a person may receive the cost of all reasonable and necessary medical expenses of the domestic animal resulting from the malpractice activity.
3. Substitutes domestic dog or cat for domestic animal.
4. Defines domestic animal.
NREW 2/15/24 DPA 6-0-1
Prepared by Senate Research
March 7, 2024
RA/KP/slp