Bill Text: AZ SB1200 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Veterinarians; malpractice; unprofessional conduct
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2024-03-18 - House LARA Committee action: Held, voting: (0-0-0-0-0-0) [SB1200 Detail]
Download: Arizona-2024-SB1200-Engrossed.html
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Senate Engrossed
veterinarians; malpractice; unprofessional conduct |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1200 |
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An Act
amending sections 32-2232, 32-2233 and 32-2237, Arizona Revised Statutes; 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; definition
A. 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. Making a false statement on or altering any document, record or report to include a false statement concerning the medical treatment of an animal.
28. 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 with another veterinarian.
29. 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.
B. For the purposes of this section, "domestic animal" means 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.
Sec. 2. Section 32-2233, Arizona Revised Statutes, is amended to read:
32-2233. Revocation or suspension of license or permit; civil penalties; report of perjury; definition
A. The board, by majority consent, may revoke or suspend a permit or license granted to any person under this chapter or may impose a civil penalty of not to exceed one thousand dollars more than $1,900 against any veterinarian or the responsible veterinarian, or both, for:
1. Unprofessional or dishonorable conduct.
2. Publicly professing to cure or treat diseases of a highly contagious, infectious and incurable nature.
3. Curing or treating an injury or deformity in such a way as to deceive the public.
4. Testing any animal for any communicable disease and knowingly stating verbally or in writing that the animals are animal is diseased or in a disease-free condition if the statement is contrary to the indication of the test made.
B. The board may sanction any of the following conduct as an administrative violation, rather than unprofessional conduct, and may impose a civil penalty of not more than one thousand dollars $1,900 for any of the following:
1. Failure to timely renew the veterinary license or the premises license while continuing to practice veterinary medicine or conducting business from that those premises.
2. Failure to notify the board in writing within twenty days of after any change in residence, practice, ownership, management or responsible veterinarian.
3. Minor records violations that are routine entries into a medical record and that do not affect the diagnosis or care of the animal.
4. 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 ten days after the date of the owner's or veterinarian's request or in less than ten days if the domestic animal's medical condition requires.
C. For each year beginning from and after December 31, 2024, the board shall increase the dollar amounts of the maximum civil penalties imposed pursuant to subsections A and B of this section for inflation based on the GDP price deflator as defined in section 41-563. The civil penalties collected pursuant to this chapter shall be deposited in the state general fund.
D. The board may report to the proper legal authorities for perjury anyone it suspects of giving deliberate, fraudulent testimony whether the testimony is given personally, telephonically or in writing.
E. For the purposes of this section, "domestic animal" means 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.
Sec. 3. Section 32-2237, Arizona Revised Statutes, is amended to read:
32-2237. Committee to investigate violations; referral to county attorney or attorney general; inspection of records; subpoenas; civil penalty; injunctions; cease and desist orders; confidentiality
A. The board shall appoint one or more investigative committees, each consisting of three licensed veterinarians who are not board members and two members of the general public who are not board members. The board shall appoint and dismiss members of investigative committees. Each member shall serve for a term of two years. A committee member may not serve more than four consecutive terms. A member of the an investigative committee must resign when the member files an application to serve on the board. A quorum for an investigative committee shall include at least three members, at least two of whom must be veterinarians.
B. The investigative committee may interview witnesses, gather evidence and otherwise investigate any allegations accusing any person of violating any of the provisions of this chapter. An assistant attorney general shall advise the investigative committee on all questions of law arising out of its investigations. The expenses of the committee shall be paid out of the veterinary medical examining board fund.
C. The investigative committee shall prepare a written report relating to any allegations it investigates. The committee shall present its report to the board in an open meeting. The report shall include:
1. A summary of the investigation.
2. Findings of fact.
3. Either a recommendation to dismiss the allegation made in the complaint or a finding that a violation of this chapter or a rule adopted pursuant to this chapter occurred.
D. If the board rejects any recommendation contained in a report of the investigative committee, it shall document the reasons for its decision in writing.
E. Upon the On complaint of any citizen of this state, or upon on its own initiative, the board may investigate any alleged violation of this chapter. If after investigation the board has probable cause to believe that an unlicensed person is performing acts that are required to be performed by a person licensed pursuant to this chapter, the board may take one or more of the following enforcement actions:
1. Issue a cease and desist order.
2. Request the county attorney or attorney general to file criminal charges against the person.
3. File an action in the superior court to enjoin the person from engaging in the unlicensed practice of veterinary medicine.
4. After notice and an opportunity for a hearing, impose a civil penalty of not more than one thousand dollars $1,900 for each violation. For each year beginning from and after December 31, 2024, the board shall increase the dollar amount of the maximum civil penalty imposed pursuant to this paragraph for inflation BASED on the GDP price deflator as defined in SECTION 41-563.
F. The board or its agents or employees may at all reasonable times have access to and the right to copy any documents, reports, records or other physical evidence of any veterinarian, including documents, reports, records or physical evidence maintained by and in the possession of any veterinary medical hospital, clinic, office or other veterinary medical premises being investigated, if such documents, records, reports or other physical evidence relates to a specific investigation or proceeding conducted by the board.
G. The board on its own initiative or upon on application of any person involved in an investigation or proceeding conducted by the board may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents, reports, records or any other physical evidence if such evidence relates to the specific investigation or proceeding conducted by the board.
H. Except as provided in this subsection, all materials, documents and evidence associated with a pending or resolved complaint or investigation are confidential and are not public records. The following materials, documents and evidence are not confidential and are public records if they relate to resolved complaints:
1. The complaint.
2. The response and any rebuttal statements submitted by the licensee or certificate holder.
3. Board discussions of complaints that are recorded pursuant to section 32-2204, subsection C.
4. Written reports of an investigative committee that are prepared pursuant to subsection C of this section.
5. Written statements of the board that are prepared pursuant to subsection D of this section.
