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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
veterinarian board; complaints; records; specialists
Purpose
Establishes a veterinarian investigative committee (Committee) to advise the Arizona State Veterinary Medical Examining Board (Board) for veterinary malpractice complaints in which the discipline is not already represented on the Board. Allows the Committee to investigate any alleged violation of veterinary misconduct.
Background
The primary duty of the Board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of veterinary medicine through licensure and regulation of the profession in Arizona. The Board consists of nine members who are appointed by the Governor. Five members must be licensed veterinarians and must have resided and practiced in Arizona for at least five years, three members may not be veterinarians, two members must represent the general public, one member must represent the livestock industry and one member must be a certified veterinary technician who has held the designation for at least five years (A.R.S. §§ 32-2202 and 32-2207).
The Board must appoint one or more Committees to interview witnesses, gather evidence and otherwise investigate any allegations accusing any person of veterinary misconduct. The Committee must prepare a written report relating to any allegations it investigates and present its report to the Board in an open meeting (A.R.S. § 32-2237).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Committee, in addition to the Board, to investigate any alleged violation of veterinary misconduct on their own initiative and based on information from any source.
2. Requires the Board to compile a list of specialists and a list of certified veterinary technicians who must serve as the Committee to voluntarily advise the Board for a complaint in which the discipline is not represented on the Board.
3. Requires a specialist or certified veterinary technician who advises the Board for a complaint in which the discipline is not already represented to:
a) appeal either in person or electronically at an investigative hearing or a meeting before the board on the matter of the complaint; and
b) submit a formal recommendation on the matter of the complaint to the Board.
4. Requires the Board, for a complaint against a specialist for the treatment of an animal, to request consultation from a specialist on the Committee with the same discipline as the specialist that is the subject of the complaint for the consideration of the matter of the complaint, if available.
5. Requires the Board, for a complaint against a certified veterinary technician, to request consultation from a certified veterinary technician on the Committee for the consideration of the matter of the complaint, if available.
6. Requires the Board to 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.
7. Exempts the Board from compiling a list of specialists and a list of certified veterinary technicians for a complaint in which the discipline is not already represented on the Board if it would unreasonably delay a board of investigative committee action.
8. Requires the Board to release to the owner of an animal all of the animal's medical records that the Board receives from the person who is the subject of the complaint.
9. Retains all persons serving as members of the Board on the effective date of this act until the expiration of their normal terms, at which point the governor must make all subsequent appointments as prescribed.
10. Makes technical changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Reinstates the original membership requirements for the Board.
Senate Action
NREW 2/15/24 DPA 4-2-1
Prepared by Senate Research
February 19, 2024
RA/KP/slp