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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
veterinarians; malpractice; unprofessional conduct
Purpose
Expands the conditions of unprofessional or dishonorable conduct and administrative violations for veterinarians. Increases the civil penalty maximum for veterinary malpractice and requires the Arizona State Veterinary Medical Examining Board (Board) to increase the charge of the maximum civil penalty for veterinarian malpractice based on inflation.
Background
The Board may revoke or suspend a veterinary license or impose a civil penalty against any veterinarian for: 1) unprofessional or dishonorable conduct; 2) publicly professing to cure or treat diseases of a highly contagious, infections and incurable nature; 3) curing or treating an injury or deformity in such a way as to deceive the public; and 4) testing any animal for any communicable disease and knowingly stating verbally or in writing that the animal is diseased or in a disease-free condition if the statement is contrary to the indication of the test made (A.R.S. § 32-2232).
The GDP price deflator measures changes in the prices of goods and services produced in the United States, including those exported to other countries. The GDP price deflator is a measure of inflation and is used by some firms to adjust payments in contracts. The GDP price deflator is calculated by dividing the nominal GDP by the real GDP and multiplying the results by 100 (U.S. Department of Commerce, Bureau of Economic Analysis).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds to the condition of unprofessional or dishonorable conduct for veterinarians to include:
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; 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.
2. Adds to the condition of administrative violation for veterinarians to include failure to provide records or copies of records of veterinary medical services, including copies of radiographs, to the owner of 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.
3. Increases the civil penalty maximum, from $1,000 to $1,900, for any veterinarian responsible for statutorily outlined misconduct.
4. Requires the Board to increase the dollar amounts of the maximum civil penalties imposed for veterinarian malpractice and administrative violation offenses for inflation, based on the GDP price deflator, for each year beginning January 1, 2025.
5. 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.
6. Makes technical changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the requirement for a veterinarian to disclose all known medical information relevant to the animal's health, including all of the animal's known medical issues, in order for that veterinarian to avoid committing unprofessional or dishonorable conduct.
2. Modifies the condition of unprofessional or dishonorable conduct relating to a veterinarian who authorizes an unqualified person to perform veterinary responsibilities.
3. Substitutes domestic dog or cat for domestic animal.
4. Defines domestic animal.
NREW 2/15/24 DPA 5-1-1
Prepared by Senate Research
March 7, 2024
RA/KP/slp