HB2553 - 482R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 3, Arizona Revised Statutes, is amended by adding chapter 19, to read:

CHAPTER 19

VETERINARIANS

ARTICLE 1. ADMINISTRATION

ARTICLE 2. LICENSING

ARTICLE 3. REGULATION

ARTICLE 4. DISPENSING DRUGS AND DEVICES

ARTICLE 5. VETERINARY TECHNICIANS

ARTICLE 6. VETERINARY MEDICAL PREMISES

ARTICLE 7. ANIMAL CREMATORIES

ARTICLE 8. EMERGENCY AID

Sec. 2. Transfer and renumber

A. Sections 32-2201, 32-2203, 32-2205, 32-2206, 32-2207 and 32-2208, Arizona Revised Statutes, are transferred and renumbered for placement in title 3, chapter 19, article 1, Arizona Revised Statutes, as added by this act, as sections 3-3501, 3-3502, 3-3503, 3-3504, 3-3505 and 3-3506, respectively.

B. Sections 32-2211, 32-2212, 32-2213, 32-2214, 32-2215, 32-2216, 32‑2217, 32-2217.01, 32-2218 and 32-2219, Arizona Revised Statutes, are transferred and renumbered for placement in title 3, chapter 19, article 2, Arizona Revised Statutes, as added by this act, as sections 3-3521, 3-3522, 3-3523, 3-3524, 3-3525, 3-3526, 3-3527, 3-3528, 3-3529 and 3-3530, respectively.

C. Sections 32-2231, 32-2232, 32-2233, 32-2234, 32-2236, 32-2237, 32‑2238, 32-2239, 32-2240 and 32-2240.01, Arizona Revised Statutes, are transferred and renumbered for placement in title 3, chapter 19, article 3, Arizona Revised Statutes, as added by this act, as sections 3-3551, 3-3552, 3-3553, 3-3554, 3-3555, 3-3556, 3-3557, 3-3558, 3-3559 and 3-3560, respectively.

D. Section 32-2281, Arizona Revised Statutes, is transferred and renumbered for placement in title 3, chapter 19, article 4, Arizona Revised Statutes, as added by this act, as section 3-3581.

E. Sections 32-2241, 32-2242, 32-2243, 32-2244, 32-2245, 32-2246, 32‑2247, 32-2248, 32-2249 and 32-2250, Arizona Revised Statutes, are transferred and renumbered for placement in title 3, chapter 19, article 5, Arizona Revised Statutes, as added by this act, as sections 3-3601, 3-3602, 3-3603, 3-3604, 3-3605, 3-3606, 3-3607, 3-3608, 3-3609 and 3-3610, respectively.

F. Sections 32-2271, 32-2272, 32-2273, 32-2274, 32-2275 and 32-2276, Arizona Revised Statutes, are transferred and renumbered for placement in title 3, chapter 19, article 6, Arizona Revised Statutes, as added by this act, as sections 3-3631, 3-3632, 3-3633, 3-3634, 3-3635 and 3-3636, respectively.

G. Sections 32-2291, 32-2292, 32-2293, 32-2294, 32-2295 and 32-2296, Arizona Revised Statutes, are transferred and renumbered for placement in title 3, chapter 19, article 7, Arizona Revised Statutes, as added by this act, as sections 3-3651, 3-3652, 3-3653, 3-3654, 3-3655 and 3-3656, respectively.

H. Section 32-2261, Arizona Revised Statutes, is transferred and renumbered for placement in title 3, chapter 19, article 8, Arizona Revised Statutes, as added by this act, as section 3-3671.

Sec. 3. Repeal

A. Sections 32-2202, 32-2204 and 41-3008.02, Arizona Revised Statutes, are repealed.

B. The chapter heading of title 32, chapter 21, Arizona Revised Statutes, is repealed.

C. The article headings of title 32, chapter 21, articles 1, 2, 3, 4, 5, 6, 7 and 8, Arizona Revised Statutes, are repealed.

Sec. 4. Section 3-102, Arizona Revised Statutes, is amended to read:

START_STATUTE3-102. Department organization

A. The Arizona department of agriculture is established consisting of the following divisions:

1. The animal services division, which is responsible for milk, dairy, livestock, and aquaculture and veterinary regulation, the state veterinarian, meat, poultry and egg inspection and performing the administrative functions authorized or contracted pursuant to law for the Arizona beef council.

2. The plant services division, which is responsible for the fruit and vegetable standardization program and entomological services.

3. The environmental services division, which is responsible for regulating seed, feed and agricultural chemicals, including pesticides and fertilizers, and for native plant protection.

B. The following are established in addition to and separate from the divisions of the department:

1. A state agricultural laboratory.

2. An office of agriculture safety.

3. An office of inspections.

4. An office of commodity development and promotion.

C. The department shall have a central administrative service office providing:

1. Data processing, accounting and budgeting, records management, publications, property control and personnel services and training.

2. A program to cross‑train appropriate personnel to enable them to perform similar functions or comparable work for different administrative units in the department. END_STATUTE

Sec. 5. Section 3-3501, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3501. Definitions

In this chapter, unless the context otherwise requires:

1. "Animal" means any animal other than human.

2. "Board" means the Arizona state veterinary medical examining board.

2. "Associate director" means the associate director of the animal services division of the Arizona department of agriculture.

3. "Consulting" means providing professional or expert advice which that is requested by a veterinarian licensed in this state and that is rendered only on a specific case basis.

4. "Controlled substance" means any substance which that is registered and controlled under the federal controlled substances act (P.L. 91‑513).

5. "Cremation" means the heating process that reduces animal remains to bone fragments by combustion and evaporation.

6. "Crematory" means a building or portion of a building that is licensed pursuant to article 8 7 of this chapter and that houses a retort in which only animal remains are cremated.

7. "Diplomate" means a veterinarian certified as a specialist in a particular discipline by a national specialty board or college recognized by the American veterinary medical association after the completion of additional education and training, an internship or residency, passing required examinations and meeting any other criteria required by the various individual national specialty boards or colleges.

8. "Division" means the animal services division of the Arizona department of agriculture.

8. 9. "Gross incompetence" means any professional misconduct or unreasonable lack of professional skill in the performance of professional practice.

9. 10. "Gross negligence" means treatment of a patient or practice of veterinary medicine resulting in injury, unnecessary suffering or death that was caused by carelessness, negligence or the disregard of established principles or practices.

10. 11. "Letter of concern" means an advisory letter to notify a veterinarian that, while there is insufficient evidence to support disciplinary action, the board believes the veterinarian should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board DEPARTMENT may result in action against the veterinarian's license.

11. 12. "Licensed veterinarian" means a person who is currently licensed to practice veterinary medicine in this state.

12. 13. "Malpractice" means treatment in a manner contrary to accepted practices and with injurious results.

13. 14. "Medical incompetence" means lacking sufficient medical knowledge or skills, or both, to a degree likely to endanger the health of patients or lacking equipment, supplies or medication to properly perform a procedure.

14. 15. "Negligence" means the failure of a licensed veterinarian to exercise reasonable care in the practice of veterinary medicine.

15. 16. "Regularly" means that veterinary services are offered to the public once a month or more frequently.

16. 17. "Responsible veterinarian" means the veterinarian who is responsible to the board department for compliance by licensed veterinary premises with the laws and rules of this state and of the federal government pertaining to the practice of veterinary medicine and responsible for the establishment of policy at such premises.

17. 18. "Temporary sites" means sites where outpatient veterinary services are performed.

18. 19. "Twenty‑four hour services" means veterinary services when a veterinarian is on the premises twenty‑four hours a day.

19. 20. "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a college of veterinary medicine.

20. 21. "Veterinary college" means any veterinary college or division of a university or college that offers the degree of doctor of veterinary medicine or its equivalent and that conforms to the standards required for accreditation by the American veterinary medical association.

21. 22. "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, acupuncture, manipulation and all other branches or specialties of veterinary medicine and the prescribing, administering or dispensing of drugs and medications for veterinary purposes. END_STATUTE

Sec. 6. Section 3-3502, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3502. Annual report

The chairman of the board associate director shall make an annual a report to the director and the governor on or before October 1 of each year. The report shall include a summary of licenses or certificates denied, suspended or revoked and licensees censured and placed on probation and a financial statement for the preceding fiscal year. Any member of the board may submit a separate report to the governor on or before October 1 of each year that includes the member's comments on the board's licensing and disciplinary activities for the preceding fiscal year. END_STATUTE

Sec. 7. Section 3-3503, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3503. Veterinary medical fund

A. The veterinary medical examining board fund is established. Pursuant to sections 35‑146 and 35‑147, the board associate director shall deposit ten per cent of all fees and other revenue accruing to the board DEPARTMENT in the state general fund and deposit the remaining ninety per cent in the veterinary medical examining board fund.

B. All monies deposited in the veterinary medical examining board fund are subject to section 35‑143.01. END_STATUTE

Sec. 8. Section 3-3504, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3504. Personnel

The board department may employ personnel as it deems necessary to provide investigative, professional and clerical assistance as required to perform its duties under this article. Personnel are eligible to receive compensation in an amount as determined pursuant to section 38‑611. The board department may contract with other state or federal agencies as required to carry out this article. END_STATUTE

Sec. 9. Section 3-3505, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3‑3505. Powers and duties

A. The primary duty of the board department under this chapter is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of veterinary medicine through licensure and regulation of the profession in this state. The department's powers and duties of the board include:

1. Administering and enforcing this chapter and board rules of the department adopted for the purposes of this chapter.

2. Regulating disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and certificates and the rehabilitation of licensees and certificate holders pursuant to this chapter and board rules adopted for the purposes of this chapter.

3. Prescribing the forms, content and manner of application for licensure and certification and renewal of licensure and certification and setting deadlines for the receipt of materials required by the board associate director.

4. Keeping a record of all licensees and certificate holders, board actions taken by the associate director concerning all applicants, licensees and certificate holders and the receipt and disbursal of monies.

5. Adopting an official seal for attestation of licenses, certificates and other official papers and documents.

6. Investigating charges of violations of this chapter and board rules and orders adopted or issued pursuant to this chapter.

7. Employing an executive director who serves at the pleasure of the board.

B. The director shall:

8. 1. Adopting Adopt rules pursuant to title 41, chapter 6 that relate to the qualifications and regulation of doctors of veterinary medicine, veterinary technicians, veterinary premises, mobile veterinary clinics and crematories and other rules that the board deems are necessary for the administration of this chapter. The rules may include continuing education requirements for licensees and certificate holders and shall include:

(a) Minimum standards of veterinary practice.

(b) Provisions to ensure that the public has reasonable access to nonconfidential information about the licensing or certification status of persons regulated under this chapter and about resolved complaints against licensees and certificate holders.

(c) Provisions to ensure that members of the public have an opportunity to evaluate the services that the board division provides to the public under this chapter.

9. 2. Establishing Adopt by rule fees and penalties as provided in this chapter, including fees for the following:

(a) Reproduction of documents.

(b) Verification of information about a licensed veterinarian at the request of a veterinary licensing board authority in another jurisdiction.

(d) Provision of a list of the names of licensed or certified veterinarians, veterinary technicians or veterinary premises licensed or certified by the board.

10. 3. Adopting Adopt rules that require the board associate director to inform members of the public about the existence of the office of the ombudsdman‑citizens aide established by section 41‑1375. END_STATUTE

Sec. 10. Section 3-3506, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3506. Immunity from personal liability

Members, The officers, agents and employees of the board department and members of board committees are immune from personal liability with respect to acts done and actions taken in good faith within the scope of their authority under this chapter. END_STATUTE

Sec. 11. Section 3-3522, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3522. Issuance of license; previous licenses qualified; use of designations

A. If the an applicant satisfactorily passes the examination given by the board associate director, demonstrates a scientific and practical knowledge of the art and science of veterinary medicine and, in addition, complies with the provisions of this chapter, the board associate director shall issue a license to the applicant to practice veterinary medicine in this state.

B. The board associate director shall deny licensure to an applicant who has satisfied all licensing requirements but who has not submitted the license issuance fee within twelve months after the date of the examination. An applicant who fails to submit the fee within that time forfeits his any qualification for licensure and the applicant shall reapply for licensure pursuant to sections 32‑2213 3-3523 and 32‑2214 3-3524.

C. All persons presently licensed to practice veterinary medicine in the state of Arizona who have complied with the provisions of law existing prior to June 12, 1967 shall be considered as licensed veterinarians under this chapter and the names of such licensees shall be entered upon the official register kept by the board.

D. C. No person shall append any letters to such person's name, indicating a degree in veterinary medicine, such as D.V.M. or V.M.D., or use the word doctor, veterinary, veterinarian, professor, animal doctor, animal surgeon, or any abbreviation or combination thereof of similar import in connection with such person's name, or any trade name in the conduct of any occupation or profession pertaining to the diagnosis or treatment of animal diseases or conditions mentioned in this chapter, unless such person is licensed to practice veterinary medicine under the provisions of this chapter. END_STATUTE

Sec. 12. Section 3-3523, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3523. Application for license; retention of examination materials

A. A person desiring to practice veterinary medicine or surgery shall make a written application to the board associate director for a license to practice. The application shall be on a form provided by the board division and shall require the following information:

1. Name, age and address of the applicant.

2. Names of schools of veterinary medicine attended, dates of attendance and date of transfer.

3. Degrees held from schools of veterinary medicine.

4. Places and length of time in active practice in other states or territories of the United States, if any, and that the applicant is in good standing in such places.

5. An affidavit that the facts recited in the application are accurate, true, and complete.

6. An affidavit that no complaint has been filed and is pending, no investigation is pending and no disciplinary action has been taken or is pending on any veterinary license the applicant holds from another state.

7. Such other information as may be required by rules adopted by the board for the purposes of this chapter.

B. All examination papers, tapes, questions and answers shall be maintained in accordance with a retention schedule approved by the Arizona state library, archives and public records. END_STATUTE

Sec. 13. Section 3-3524, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3524. Examination; confidentiality

A. All applicants for a license shall be given a state examination.

B. Examinations shall be held in January and June of each year unless otherwise provided by the board director.

C. The examination shall consist of the following:

1. A state examination approved by the board director.

2. The North American veterinary licensing examination.

D. The state examination shall be so conducted that the members of the board do associate director does not know the name of the applicant until the judging or grading is officially completed.

E. A grade of at least seventy‑five per cent shall be required to successfully pass the North American veterinary licensing examination. A grade of at least seventy‑five per cent shall be required to successfully pass the state examination. The scores of the North American veterinary licensing examination and the state examination shall not be averaged. National board scores that are received from either the national examination committee or the North American veterinary licensing examination committee from another state may be accepted for part of an applicant's passing score.

F. An applicant's score that was received within the preceding five years and that is on record at the national examination service or the North American veterinary licensing examination committee shall be verified through either the national examination service or the North American veterinary licensing examination committee, unless the applicant is applying for endorsement or a specialty license under section 32‑2215 3-3525, subsection C or D in which case the applicant's score shall be transcribed and received by the board associate director.

G. All examination materials, records of examination grading and performance and transcripts of educational institutions concerning applicants or licensees are confidential and not public records. END_STATUTE

Sec. 14. Section 3-3525, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3525. Qualifications for license

A. An applicant for a license issued under this chapter shall:

1. Be of good moral character.

2. Be a graduate of a veterinary college that is accredited by the American veterinary medical association or hold a certificate issued by the educational commission for foreign veterinary graduates, the program for the assessment of veterinary education equivalence or a foreign graduate testing program approved by the board associate director.

3. Satisfactorily pass an examination given by the board associate director as provided in this chapter.

B. An applicant may be denied licensure either before or after examination if the applicant has committed any act that if committed by a licensee would be grounds for suspension or revocation of a license to practice veterinary medicine under this chapter.

C. The board associate director may waive the examination requirements pursuant to section 32‑2214 3-3524, subsection C, paragraph 2 and, except as provided in subsection E of this section, may issue a license by endorsement to an applicant to practice veterinary medicine if the applicant provides all required documentation pursuant to section 32‑2213 3-3523 and meets the following requirements:

1. The applicant holds an active license in one or more other states and submits verification that the applicant has previously taken and passed the examination required by section 32‑2214 3-3524, with a score at least equal to the score required to pass in this state. An applicant who received original licensure before the examination required by section 32‑2214 3-3524 was required in the state in which the applicant was originally licensed may be eligible for licensure without having taken that examination as required pursuant to this chapter if all other requirements are met.

2. The applicant has been lawfully and actively engaged in the practice of veterinary medicine for at least three of the preceding five years or six of the preceding ten years in one or more states before filing an application for licensure in this state.

3. The applicant has graduated from a veterinary college recognized by the board associate director.

4. The applicant passes a state examination approved by the board associate director. A grade of at least seventy‑five per cent is required to successfully pass the examination.

5. The applicant pays a fee for the license of seven hundred fifty dollars.

D. The board associate director may waive the examination requirements pursuant to section 32‑2214 3-3524, subsection C, paragraph 2 and, except as provided in subsection E of this section, may issue a specialty license to an applicant to practice veterinary medicine if the applicant provides all required documentation pursuant to section 32‑2213 3-3523 and meets the following requirements:

1. The applicant holds a current certification as a diplomate of a national specialty board or college recognized by the American veterinary medical association.

2. The applicant's practice is limited to the scope of the applicant's board certification under this chapter.

3. The applicant successfully passes a state examination approved by the board associate director with a score of at least seventy‑five per cent.

4. The applicant pays a fee for the specialty license of seven hundred fifty dollars.

E. The board associate director shall determine if previous disciplinary action prevents licensure by endorsement or specialty licensure of an applicant to practice veterinary medicine and the board associate director may discipline the licensee at the time of licensure as a result of the previous disciplinary action. END_STATUTE

Sec. 15. Section 3-3526, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3526. Issuance of temporary permits

A. Applicants The associate director may issue a temporary permit to an applicant for a license may be issued temporary permits by the board who at the time of application are graduates is a graduate of a veterinary college.

B. The A temporary permit issued under the provisions of this section entitles the applicant to engage in the active practice of veterinary medicine in this state as an employee of a licensed veterinarian, the state or any county or municipality in this state. Such applicant shall be eligible for the next examination, if he or she has not violated any provision of this chapter. Such applicant working under the direct and personal instruction, control or supervision of a licensed veterinarian and whose compensation is paid by such veterinarian may perform those acts of animal health care assigned by the veterinarian having responsibility for the care of the animal. No temporary permit shall be valid beyond the time for the next license examination for which the applicant is qualified. In the event any such applicant fails for good and sufficient reason to take the examination, the board, by majority consent, associate director may extend the permit until the next succeeding examination. Except as otherwise provided in this section, the holder of a temporary permit must be examined and satisfactorily pass the license examination next following the issuance of the permit and duly receive a license in order to continue active professional practice. No more than two temporary permits shall be issued to one individual. For the purposes of this subsection, "direct and personal instruction, control or supervision" means that a licensed veterinarian licensed by the board is physically present and personally supervising a temporary permittee when a permittee is practicing acts of veterinary medicine except if a permittee is at a temporary site for the purpose of delivering services to large animals or if a permittee is administering emergency services not during regular office hours. In these cases, phone telephone contact constitutes direct and personal instruction, control or supervision.

C. If an employer, for any reason, terminates the employment of the applicant, the employing veterinarian shall notify the board associate director and the temporary permit is immediately void. END_STATUTE

Sec. 16. Section 3-3527, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3527. Employees of the state or political subdivisions; license

A. The board associate director shall issue a license to any person who is not licensed by examination to practice veterinary medicine in the state and who is employed as a veterinarian by the this state or any political subdivision thereof of this state.

B. An applicant for a license under the terms of this section shall make written application therefor to the board apply in writing to the associate director as required by section 32‑2213 3‑3523 and shall meet the qualifications prescribed by section 32‑2215 3-3525 with the exception of subsection A, paragraph 3.

C. The holder of a license issued under the terms of this section shall engage only in such actions of the practice of veterinary medicine as shall be authorized by the board associate director, and in no event shall acts of practice be performed for any person or firm other than the state or the political subdivision employing the licensee. The licensee shall be subject to the rules of the board adopted under this chapter and the provisions of this chapter relating to unprofessional or dishonorable conduct.

D. A license issued under this section expires on December 31 of every even numbered year unless suspended or revoked. A license is renewable for two years on payment of the renewal fee.

E. The fee for issuance of the license shall be under this section is five dollars in even numbered years and ten dollars in odd numbered years, and the biennial renewal fee shall be is ten dollars.

F. The license shall be revoked upon termination of employment of the licensee. END_STATUTE

Sec. 17. Section 3-3528, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3528. Issuance of permit to nonresident

A. The board associate director may issue to a person residing within twenty‑five miles of Arizona in the state of California, Colorado, Nevada, New Mexico or Utah, who is licensed to practice veterinary medicine in the state of residence and whose practice extends into this state, a permit in the form prescribed by the board director authorizing such extended practice in this state.

B. Application for a permit shall be made upon on a form provided by the board associate director. The application shall contain an irrevocable consent that actions arising out of or involving the permittee's practice of veterinary medicine in this state may be commenced within this state by service of pleadings or process upon the board, which associate director who shall forward to the permittee by certified mail a duplicate copy of the pleading or process.

C. The permittee shall be subject to the rules of the board adopted under this chapter and the provisions of this chapter relating to the practice of veterinary medicine and relating to unprofessional or dishonorable conduct.

D. A permit issued under the provisions of this section expires on December 31 of every even numbered year unless suspended or revoked.

E. The fee for issuance of the permit is fifty dollars in even numbered years and one hundred dollars in odd numbered years. The biennial renewal fee is one hundred dollars. END_STATUTE

Sec. 18. Section 3-3529, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3529. License renewal and reinstatement

A. A license issued under the provisions of this chapter remains in effect until December 31 of every even‑numbered year unless suspended or revoked. On submittal of an application for renewal and payment of a renewal fee, a license is renewed for two years.

B. Failure to pay the license fee before February 1 following expiration of the license shall be a forfeiture of the license, and the license shall not be restored except upon written application to the board associate director and payment of a penalty fee of fifty dollars in addition to all regular license fees and past due fees owed to the board. A person applying for reinstatement of a license within thirty‑six months of after expiration shall not be required to submit to an examination because of failure to pay the license fee, but it is unlawful for a person to practice veterinary medicine or any branch of veterinary medicine during the period in which the person's license has been forfeited by reason of nonpayment of the license fee. If an applicant for reinstatement of a license has not completed the continuing education requirements, a license may be reinstated if the continuing education requirements are completed within six months of after reinstatement. A person who does not apply for reinstatement within thirty‑six months after expiration of the license must meet the requirements set forth in sections 32‑2213, 32‑2214 and 32‑2215 3-3523, 3-3524 and 3-3525.

C. An application for renewal shall include a signed statement that no complaint has been filed and is pending, no investigation is pending and no disciplinary action has been taken or is pending on any veterinary license the veterinarian holds from another state. END_STATUTE

Sec. 19. Section 3-3551, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3551. Acts constituting the practice of veterinary medicine; exceptions; definitions

A. A person shall be regarded as practicing veterinary medicine, surgery and dentistry within the meaning of this chapter who, within this state:

1. By advertisement, or by any notice, sign or other indication, or by a statement written, printed or oral, in public or in private, made, done or procured by himself or any other at his request claims, announces, makes known or pretends his ability or willingness to diagnose any animal condition, disease, deformity, defect, wound or injury or to perform any type of surgical procedure on animals.

2. Advertises or makes known or claims his ability and willingness to perform the following for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted:

(a) Prescribe or administer any drug, medicine, treatment, method or practice for any animal.

(b) Perform any operation or manipulation on or apply any apparatus or appliance to any animal.

(c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal condition, disease, deformity, defect, wound or injury.

3. Diagnoses or prognosticates any animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.

4. Prescribes or administers any drug, medicine, treatment, method or practice, performs any operation or manipulation, or applies any apparatus or appliance for the cure, amelioration, correction or modification of any animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.

B. This section does not apply to:

1. Duly authorized representatives of the United States department of agriculture in the discharge of any duty authorized by the director in charge of the animal disease eradication division.

2. A certified veterinary technician performing a task or function authorized by the rules of the board Arizona department of agriculture in the employ of and under the direction, supervision and control of a licensed veterinarian.

3. An equine dental practitioner if all of the following apply:

(a) The equine dental practitioner is certified by the international association of equine dentistry or the academy of equine dentistry.

(b) The equine dental practitioner performs any of the following procedures under the general supervision of a licensed veterinarian:

(i) The application of any apparatus used to work on the oral cavity.

(ii) The examination of dental conditions.

(iii) The removal of overgrowth from the teeth of horses and the removal of sharp enamel points from the teeth of horses, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.

(iv) Any treatment of the oral cavity as authorized by the animal's owner, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.

(i) Proof of current certification from the international association of equine dentistry or the academy of equine dentistry.

(ii) A written statement signed by the supervising licensed veterinarian that the certified equine dental practitioner will be under the general or direct supervision of the licensed veterinarian when performing the procedures prescribed by this paragraph.

(d) Both the supervising licensed veterinarian and the certified equine dental practitioner maintain dental charts for procedures done pursuant to this paragraph.

C. Notwithstanding subsection B, paragraph 3, only a licensed veterinarian and not an equine dental practitioner may prescribe or administer, or both prescribe and administer, any drug or medicine.

D. For the purposes of this section:

1. "Direct supervision" means a licensed veterinarian must authorize and be physically present for the procedure.

2. "General supervision" means a licensed veterinarian must be available for consultation by telephone or other form of immediate communication. END_STATUTE

Sec. 20. Section 3-3552, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3552. Definition of unprofessional or dishonorable conduct

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 its various branches thereof.

7. Chronic inebriety or 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 of the department.

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, rules 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 of the department or a written order of the board associate director.

19. Failing to dispense drugs and devices in compliance with article 7 4 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. END_STATUTE

Sec. 21. Section 3-3553, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3553. Revocation or suspension of license or permit; civil penalty

A. The board, by majority consent, associate director may revoke or suspend a permit or license granted to any person under the provisions of this chapter or may impose a civil penalty of not to exceed one thousand dollars 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 diseased or in a disease‑free condition if the statement is contrary to the indication of the test made.

B. The board, associate director 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 for either 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 premises.

2. Failure to notify the board associate director in writing within twenty days of any change in residence, practice, ownership, management or responsible veterinarian.

C. The civil penalties collected pursuant to this chapter shall be deposited in the state general fund. END_STATUTE

Sec. 22. Section 3-3554, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3554. Informal and formal hearings; censure or probation; notice; consent agreements; rehearing; judicial review

A. If the board associate director receives information indicating that a veterinarian may have engaged in unprofessional or dishonorable conduct, and if it appears after investigation that the information may be true, the board associate director may issue a notice of formal hearing or the board may request an informal interview with the veterinarian. If the veterinarian refuses the interview, and other evidence indicates suspension or revocation of the veterinarian's license may be in order, or if the veterinarian accepts and the results of the interview indicate suspension or revocation of the veterinarian's license may be in order, the board associate director shall issue a notice of formal hearing and proceed pursuant to title 41, chapter 6, article 10. If the veterinarian refuses the interview, and other evidence relating to the veterinarian's professional competence indicates that disciplinary action should be taken other than suspension or revocation of the veterinarian's license, or if the veterinarian accepts the informal interview and the informal interview and other evidence relating to the veterinarian's professional competence indicate that disciplinary action should be taken other than suspension or revocation of the veterinarian's license, the board associate director may take any or all of the following actions:

1. Issue a decree of censure.

2. Fix a period and terms of probation as are best adapted to protect the public and rehabilitate or educate the veterinarian. The terms of probation may include temporary suspension, for not to exceed thirty days, or restriction of the veterinarian's license to practice. The failure to comply with any term of the probation is cause to consider the entire case plus any other alleged violations of this chapter at a formal hearing pursuant to title 41, chapter 6, article 10.

3. Impose a civil penalty of not to exceed one thousand dollars per violation.

B. If, as a result of information ascertained during an investigation, informal interview or formal hearing of a veterinarian, the board associate director has concern for the veterinarian's conduct but has not found the veterinarian's conduct in violation of section 32‑2232 3-3552, the board in its discretion associate director may issue a letter of concern to the veterinarian regarding the veterinarian's conduct or issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board associate director to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.

C. Notwithstanding subsection A of this section, the board associate director may enter into a consent agreement with a veterinarian either before or after conducting an informal interview. Pursuant to a consent agreement, the board associate director may take any of the disciplinary actions listed in subsection A, paragraphs 1, 2 and 3 of this section or may act to otherwise limit or restrict the veterinarian's practice or to rehabilitate the veterinarian.

D. If the board finds, based on information it receives received pursuant to this section, the associate director finds that public or animal health, safety or welfare requires emergency action, and incorporates a finding that emergency action is necessary in its order, the board may order summary suspension of the associate director may issue an order incorporating a finding the emergency action is necessary and summarily suspending a license pending proceedings for revocation or other action. If the board associate director orders a summary suspension, the board associate director shall serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board associate director or an administrative law judge within sixty days pursuant to title 41, chapter 6, article 10.

E. Before a permit or license may be revoked or suspended for any cause provided by section 32‑2233 3-3553, other than by terms of probation, the board associate director must serve notice and conduct a hearing in the manner prescribed by title 41, chapter 6, article 10.

F. After service of notice of the decision of the board suspending or revoking a license, censuring a licensee, placing a licensee on probation or dismissing the complaint, the licensee may apply for a rehearing or review by filing a motion pursuant to title 41, chapter 6, article 10. The filing of a motion for rehearing shall be a condition precedent to the right of appeal provided by this section. The filing of a motion for rehearing shall suspend the operation of the board's action in suspending or revoking a license or censuring or placing a licensee on probation and shall allow the licensee to continue to practice as a veterinarian pending denial or granting of the motion and pending the decision of the board on rehearing if the motion is granted. The board associate director may also grant a rehearing on it's the associate director's own motion, if it finds on a finding of newly discovered evidence or for any other reason justifying a reconsideration of the matter.

G. Except as provided in section 41‑1092.08, subsection H, any party aggrieved by a final order or decision of the board associate director under this section may appeal to the superior court pursuant to title 12, chapter 7, article 6.

H. If the state veterinary medical examining board associate director acts to modify any veterinarian's prescription writing privileges, it the associate director shall immediately notify the Arizona state board of pharmacy of the modification.

I. All notices that the board is are required to provide to any person under this chapter are fully effective by personal service or by mailing a true copy of the notice by certified, return receipt mail addressed to the person's last known address of record in the board's department's files. Notice by mail is complete at the time of its deposit in the mail. Service on any person represented in a matter by an attorney is complete when the notice is sent to the attorney at the last known address of record in the board's department's files.

J. The board associate director shall retain all complaint files for at least ten years and shall retain all complaint files in which disciplinary action was taken for at least twenty‑five years. END_STATUTE

Sec. 23. Section 3-3555, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3555. Refusal to issue or renew license; reapplication

A. The board, by majority consent, associate director may refuse to issue or renew a permit or license for any of the causes prescribed in section 32‑2233 3-3553. The procedure for refusal to issue or renew a license or permit, or both, shall be as provided in section 32‑2234 3-3554.

B. If a permit or license is not issued or renewed, such person may not apply for a permit or license until six months have elapsed from the date of refusal, and the new application shall be accompanied with the regular examination fee and the license fee. END_STATUTE

Sec. 24. Section 3-3556, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3556. 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 associate director shall appoint one or more investigative committees, each consisting of three members of the general public who are not board members and two licensed veterinarians who are not board members. The investigative committee may interview witnesses, gather evidence and otherwise investigate any charges 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.

B. The investigative committee shall prepare a written report relating to any charge it investigates. The committee shall present its report to the board in an open meeting associate director. The report shall include:

1. A summary of the investigation.

2. Findings of fact.

3. Either a recommendation to dismiss the charge or a finding that a violation of this chapter or a rule adopted pursuant to this chapter occurred.

C. If the board associate director rejects any recommendation contained in a report of the investigative committee, it the associate director shall document the reasons for its the decision in writing.

D. Upon On the complaint of any citizen of this state, or upon it's on the associate director's own initiative, the board associate director may investigate any alleged violation of this chapter. If after investigation the board associate director 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 associate director 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 for each violation.

E. The board or its associate director or authorized agents or employees of the department 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 associate director.

F. The board on its own On the associate director's initiative or upon on application of any person involved in an investigation or proceeding conducted by the board under this chapter, the associate director 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 associate director.

G. 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. 3. Written reports of an investigative committee that are prepared pursuant to subsection B of this section.

5. 4. Written statements of the board that are prepared pursuant to subsection C of this section. END_STATUTE

Sec. 25. Section 3-3557, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3557. Violations; classification

A. A person is guilty of a class 1 misdemeanor who:

1. Practices veterinary medicine or surgery under an assumed name.

2. Falsely impersonates another practitioner.

3. Fraudulently obtains a veterinary medical diploma, license or record of registration.

4. Practices veterinary medicine or surgery without a license and registration.

5. Unlawfully assumes or advertises a veterinary title conveying the impression that the person is a lawful practitioner.

6. Knowingly violates any other provision of this chapter.

B. This chapter shall not be construed to prohibit a person from practicing veterinary medicine or any of its branches in partnership with another practitioner, or under a partnership or firm name, if the partnership or firm is clearly identified as that of a practicing veterinarian, and if all members of the partnership or firm are licensed to practice veterinary medicine by the board under this chapter. END_STATUTE

Sec. 26. Section 3-3558, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3558. Duty of veterinarian to report suspected dog participant of dog fight or animal abuse; immunity

A. A veterinarian shall report in writing concerning any dog fighting or animal abuse to a local law enforcement agency in the county where the veterinarian is practicing within thirty days of any examination or treatment administered to either of the following:

1. Any dog or any other animal which that the veterinarian reasonably suspects and believes has participated in an organized dog fight. or

2. Any other animal which that the veterinarian reasonably suspects and believes has been abused.

B. The report shall contain the breed and description of the dog or any other animal together with the name and address of the owner.

B. C. A veterinarian shall report, in writing, suspected cases of abuse of livestock to the associate director of the division of animal services in the Arizona department of agriculture pursuant to title 3, chapter 11, article 1. The report shall be made within thirty days of treatment or examination and shall include the breed and description of the animal together with the name and address of the owner.

C. D. A veterinarian who files a report as provided in this section shall be immune from civil liability with respect to any report made in good faith. END_STATUTE

Sec. 27. Section 3-3559, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3559. Reporting of unprofessional conduct; immunity

A. Any person may report to the board associate director any information the person has that appears to show that a veterinarian is or may be medically incompetent or is or may be guilty of:

1. Unprofessional conduct.

2. Animal abuse.

B. A person who reports information to the board in good faith pursuant to this section is immune from civil liability. END_STATUTE

Sec. 28. Section 3-3560, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3560. Burial in landfill; notification requirement; licensed crematory

A. If an animal dies in the care of a veterinarian or an animal's owner brings a dead animal to a veterinarian and the animal's owner requests that the animal be buried, the veterinarian shall notify the owner if the burial is to be done in a landfill.

B. If the owner chooses cremation and a veterinarian offers cremation services, the veterinarian shall use a crematory licensed pursuant to article 8 7 of this chapter. END_STATUTE

Sec. 29. Section 3-3581, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3581. Dispensing of drugs and devices; conditions; definition

A. A veterinarian may dispense drugs and devices kept by the veterinarian if:

1. All prescription‑only drugs are dispensed in packages labeled with the following information:

(a) The dispensing veterinarian's name, address and telephone number.

(b) The date the drug is dispensed.

(d) The name, strength and quantity of the drug, directions for its use and any cautionary statements.

2. The dispensing veterinarian enters into the medical record the name, strength and quantity of the drug dispensed, the date the drug is dispensed and the therapeutic reason.

B. The board director shall adopt rules providing that the animal's owner or the person responsible for the animal shall be notified that some prescription‑only drugs may be available at a pharmacy and a written prescription may be provided to the animal's owner or the person responsible for the animal if requested.

C. A veterinarian shall dispense only to the animal's owner or person responsible for the animal he is treating being treated and only for conditions being treated by that veterinarian. The veterinarian shall supervise the dispensing process. In For the purposes of this subsection, "supervision" means that a veterinarian makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed.

D. This section shall be enforced by the board which shall establish The director shall adopt rules regarding access to, labeling, record keeping, storage and packaging of drugs that are consistent with the requirements of title 32, chapter 18 of this title.

E. The associate director shall enforce this section. The board associate director may conduct periodic inspections of dispensing practices to assure ensure compliance with this section and applicable rules.

E. F. For the purposes of this section, "dispense" means the delivery by a veterinarian of a prescription‑only drug or device to an animal, an animal's owner or the person responsible for an animal and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery. END_STATUTE

Sec. 30. Section 3-3601, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3601. Veterinary technician; services performed

A veterinary technician may perform those services authorized by the board pursuant to section 32‑2245 3-3605 in the employ of and under the direction, supervision and control of a licensed veterinarian who shall be responsible for the performance of the veterinary technician. Any compensation for such authorized services shall be derived solely from the employing veterinarian. END_STATUTE

Sec. 31. Section 3-3602, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3602. Application for certification as veterinary technician; qualifications

A. A person desiring to be certified as a veterinary technician shall make written application to the board upon associate director on a form furnished by the board associate director.

B. The applicant shall be of good moral character and at least eighteen years of age and shall furnish one of the following:

1. Satisfactory evidence of graduation from a two‑year curriculum in veterinary technology, or the equivalent of such graduation as determined by the board, in associate director, from a college or other institution approved by the board associate director.

2. Satisfactory evidence that the applicant has been employed for at least two years as a veterinary assistant under the supervision of a veterinarian regularly licensed in this state and is recommended to the board associate director by the employing veterinarian or veterinarians.

C. The application shall be accompanied by the application and examination fee established by the board associate director. END_STATUTE

Sec. 32. Section 3-3603, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3603. Examination

The board director shall adopt rules and regulations governing the written examinations and practical demonstrations by which all applicants shall be tested and shall provide for giving reasonable notice of the time and place for examinations. END_STATUTE

Sec. 33. Section 3-3604, Arizona Revised Statutes, is amended to read:

START_STATUTE3-3604. Certificate

An applicant who passes the prescribed examination prescribed by the board shall, upon and on payment of the prescribed fee established by the board, shall receive a certificate in a form prescribed by the board associate director. END_STATUTE

Sec. 34. Section 3-3605, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3605. Authorized services by veterinary technicians

A. The board director shall adopt rules and regulations pertaining to and limiting the services performed by a veterinary technician.

B. Services performed by a veterinary technician shall not include surgery, diagnosis or prognosis of animal diseases or prescribing of drugs and medicine. END_STATUTE

Sec. 35. Section 3-3607, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3607. Renewal of expired certificates

A. Except as otherwise provided in this article, an expired certificate may be renewed at any time within five years after its expiration on filing of application for renewal on a form prescribed by the board associate director and payment of the renewal fee in effect on the last preceding regular renewal date. If the certificate is renewed more than thirty days after its expiration, the applicant as a condition precedent to renewal shall also pay the delinquency fee established by the board associate director.

B. Renewal A certificate that is renewed under this section shall be effective on the date on which the application is filed, on the date the renewal fee is paid or on the date on which the delinquency fee, if any, is paid, whichever occurs last. END_STATUTE

Sec. 36. Section 3-3609, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3609. Grounds for revocation or suspension of certificate; emergency care

A. Except as provided in subsection B of this section, the board associate director may revoke or suspend a certificate or place a technician on probation for any of the following reasons:

1. The employment of fraud, misrepresentation or deception in obtaining certification.

2. Conviction on a charge of cruelty to animals or conviction of a felony, in which case the record of such conviction will be is conclusive evidence.

3. Chronic inebriety or habitual use of narcotics, dangerous drugs or controlled substances.

4. Gross ignorance or inefficiency in connection with the performance of technical procedures in veterinary medicine.

5. Representing himself as a doctor of veterinary medicine.

6. Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions provision of this chapter, a rule adopted under this chapter or a written order of the board issued pursuant to this chapter.

7. Practicing veterinary medicine.

8. Gross incompetence or gross negligence.

9. Following orders that are in violation of this chapter or rules adopted pursuant to this chapter.

B. In an emergency, a technician may render emergency care or first aid if the technician is supervised telephonically by a licensed veterinarian or until a licensed veterinarian arrives. This does not preclude emergency care as outlined in section 32‑2261 3-3671. END_STATUTE

Sec. 37. Section 3-3610, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3610. Veterinary technician certificate fees

The board director shall establish the fees provided for in this article in amounts not to exceed the following:

1. Application and examination fee, one hundred fifty dollars.

2. Issuance of a certificate fee, twenty‑five dollars in even‑numbered years and fifty dollars in odd‑numbered years.

3. Renewal fee, one hundred dollars.

4. Delinquency fee, twenty‑five dollars.

5. Duplicate certificate fee, twenty dollars. END_STATUTE

Sec. 38. Section 3-3631, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3631. Premises license; inspections

A. A person shall not provide veterinary services, including diagnosis, treatment, dentistry, surgery or dispensing prescription‑only veterinary drugs, to the public without a license issued by the board associate director.

B. A premises license shall be for a fixed location where a veterinarian retains the records of a veterinary practice, stores veterinary equipment or offers veterinary services to the public. A responsible veterinarian who holds a premises license may provide veterinary services to the public at the licensed fixed location and any temporary site in this state at which adequate equipment and sanitation are available considering the type of veterinary medical services provided. A veterinarian shall obtain a separate premises license for each fixed location at which veterinary services are regularly offered to the public. The responsible veterinarian may authorize other licensed veterinarians to provide services to the public pursuant to the responsible veterinarian's veterinary premises license. Both the responsible veterinarian and the veterinarian who provides the veterinary services shall maintain records of the veterinary services provided and ensure that adequate equipment and sanitation are available.

C. The board associate director shall inspect all each fixed locations location before issuing a premises license for the location. Adequate equipment and sanitation shall be available for use at any location which that is necessary to provide the range of veterinary services which that the veterinarian proposes to offer.

D. The board associate director may inspect any site at which a veterinarian offers veterinary services to the public.

E. This section does not apply to county sponsored rabies vaccination clinics, veterinarians exempt under section 32‑2211 3-3521 and veterinarians licensed under section 32‑2217 3-3527. END_STATUTE

Sec. 39. Section 3-3632, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3632. Premises license; application; expiration; renewal; civil penalty

A. Any person who desires to establish premises at or from which veterinary services are offered to the public shall file with the board an application apply to the associate director for a veterinary premises license accompanied by the license fee.

B. The application shall be on a form prescribed and furnished by the board associate director and shall contain:

1. The name and location of the premises.

2. The name of the person owning the premises and the name and signature of the veterinarian responsible to the board for the operation of the premises. The responsible veterinarian shall be a veterinarian who is licensed in this state and who resides in this state or who holds a special permit under section 32‑2217.01 3-3528.

3. A description of the services provided at or from the premises.

C. A license is valid only for the responsible veterinarian to whom it is issued. A license is not subject to sale, assignment or transfer, voluntary or involuntary. A license is not valid for any premises other than those for which issued. If there have been major changes in the scope of veterinary services offered, the premises are subject to reinspection.

D. A change of responsible veterinarian or owner shall cancel a premises license. The responsible veterinarian or owner shall surrender the premises license to the board associate director within twenty days of after the change in responsible veterinarian or owner. The failure of the responsible veterinarian or owner to notify the board associate director in writing within twenty days of a change in responsible veterinarian or owner is grounds for disciplinary action.

E. A premises license expires on December 31 of every even‑numbered year unless suspended or revoked. A license is renewable for two years upon on payment of the renewal fee. If the renewal fee is not paid before February 1 following the expiration of the license, a penalty fee of one hundred dollars shall be paid in addition to the renewal fee before the premises may be relicensed.

F. Within ninety days of receipt of after receiving an initial application and fee, the board associate director shall issue a premises license if the application demonstrates compliance with this article or shall notify the applicant at his the last address of record if the application is not in conformance with this article. Veterinary medical services may be performed at any premises for which an application fee is submitted pending issuance of the license or notification of a deficiency in the application.

G. If a veterinary premises ceases to operate and the premises owner is subject to this chapter, the premises owner must continue to comply with the requirements of this chapter and rules adopted by the board pursuant to this chapter. The premises owner is subject to a civil penalty of not more than one thousand dollars for each violation of the requirements of this chapter or rules adopted by the board pursuant to this chapter. The total penalty shall not exceed five thousand dollars.

H. If the responsible veterinarian is only an employee, the premises owner is subject to a civil penalty of not more than one thousand dollars for each violation of this article. The total penalty shall not exceed five thousand dollars. END_STATUTE

Sec. 40. Section 3-3633, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3633. Premises license fees

The board director may establish and the associate director shall collect in advance fees, not to exceed the following:

1. For issuance of a premises license:

(a) In an odd‑numbered year, one hundred dollars.

(b) In an even‑numbered year, fifty dollars.

2. For renewal of a premises license, two hundred dollars.

3. For a duplicate premises license, twenty dollars. END_STATUTE

Sec. 41. Section 3-3634, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3634. Grounds for refusal to issue or renew license or for disciplinary action; procedure

A. The board associate director may take disciplinary action against the responsible veterinarian, may place the responsible veterinarian on probation or may revoke, suspend, refuse to issue or refuse to renew a premises license for any of the following grounds:

1. Failure to notify the board associate director in writing within twenty days of a change of ownership, management or responsible veterinarian.

2. Failure to maintain clean and sanitary facilities for the performance of services in accordance with the rules adopted by the board pursuant to this chapter.

3. A violation of section 32‑2233 3-3553 or any rule adopted pursuant to that section.

4. Failure to maintain accurate records or reports as required by this chapter or by federal or state laws and rules pertaining to the storing, labeling, selling, dispensing, prescribing and administering of controlled substances.

5. Failure to maintain veterinary medical supplies, controlled substances and surgical and other equipment in a safe, efficient and sanitary manner.

6. Failure to keep written records of all animals receiving veterinary services, failure to provide a summary of such records upon on request to the client or failure to produce such records at the request of the board associate director.

7. Revocation or suspension of the license to practice veterinary medicine of the responsible veterinarian holding the veterinary medical premises license.

8. Failure of the responsible veterinarian to maintain a current license to practice veterinary medicine.

9. Failure of the responsible veterinarian to maintain a current premises license to provide veterinary services to the public at a fixed location.

10. Failure of emergency or twenty‑four hour facilities to give copies of medical records to the owner or the owner's agent on release of an animal.

B. If the board associate director receives information indicating that disciplinary action should be taken against the responsible veterinarian or a veterinary premises license, and if it appears after investigation that the information may be true, the board associate director may issue a notice of formal hearing or the board may hold an informal interview. If the results of the an informal interview indicate suspension or revocation of the responsible veterinarian's license or the premises license or other action may be in order, the board associate director shall issue a notice of formal hearing and proceed pursuant to title 41, chapter 6, article 10. If the informal interview and other evidence indicate that disciplinary action should be taken other than suspension or revocation, the board associate director may take any one or a combination of the following actions:

1. Issue a decree of censure.

2. Fix such period and terms of probation as are best adapted to protect the public and rehabilitate or educate the responsible veterinarian or veterinary premises license holder. The terms of probation may include temporary suspension for not to exceed thirty days. The failure to comply with any term of the probation is cause to consider the entire case plus any other alleged violations of this chapter at a formal hearing pursuant to title 41, chapter 6, article 10.

3. Impose a civil penalty of not more than one thousand dollars for each violation.

C. Before a license may be revoked or suspended for any cause provided by subsection A of this section, the board associate director shall serve notice and conduct a hearing in the manner prescribed by title 41, chapter 6, article 10. END_STATUTE

Sec. 42. Section 3-3635, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3635. Rules; adoption; considerations

The board director may adopt rules setting forth minimum standards for veterinary medical premises and for the practice of veterinary medicine. The board shall, In the development of these rules, the associate director shall take into consideration the needs, problems and practices relating to the differences encountered by large animal veterinarians and other veterinarians and shall also consider the different needs, problems and practices encountered in the provision of veterinary services in rural or remote locations in comparison with the provision of veterinary services at the veterinarian's principal place of business. END_STATUTE

Sec. 43. Section 3-3636, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3636. Retention of jurisdiction

The lapsing or suspension of a license by operation of law or by order of the board associate director or a court of law or the voluntary surrender of a license does not deprive the board associate director of jurisdiction to do any of the following:

1. Proceed with any investigation of or action or disciplinary proceeding against the licensee.

2. Render a decision suspending or revoking the license or denying the renewal or right of renewal of the license.

3. Assess a civil penalty pursuant to section 32‑2233 3-3553 or section 32‑2237 3-3556, subsection D. END_STATUTE

Sec. 44. Section 3-3651, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3651. Animal crematory license requirements; inspections

A. An animal crematory license shall be for a fixed location where animal cremation occurs. A person who holds an animal crematory license may provide animal cremation services to the public at the licensed fixed location. There shall be a separate animal crematory license for each fixed location at which animal cremation services are regularly offered to the public.

B. The board associate director shall inspect all fixed locations before issuing an animal crematory license. Adequate equipment and sanitation shall be available for use at any location that is necessary to provide the animal cremation services offered.

C. The board associate director may inspect any animal crematory licensed pursuant to this article. END_STATUTE

Sec. 45. Section 3-3652, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3652. Animal crematory license; application; nontransferability; expiration; renewal

A. Any person who desires to establish premises at or from which animal cremation services are offered to the public shall file with the board an application apply to the associate director for an animal crematory license accompanied by the license fee.

B. The application shall be on a form prescribed and furnished by the board associate director and shall contain:

1. The name and location of the animal crematory.

2. The name of the person owning the animal crematory and the name and signature of the person responsible to the board for the operation of the animal crematory.

3. A description of the services provided at or from the animal crematory.

C. A license is not subject to sale, assignment or transfer, voluntary or involuntary. A license is not valid for any animal crematory other than that for which it is issued. If there are major changes in the scope of animal crematory services offered, the animal crematory is subject to reinspection.

D. A change of responsible owner cancels an animal crematory license. The responsible owner shall surrender the animal crematory license to the board associate director within twenty days after the change in responsible owner. The failure of the responsible owner to notify the board associate director in writing within twenty days after a change in responsible owner is grounds for disciplinary action.

E. A license expires on December 31 of every even numbered year unless suspended or revoked. A license is renewable for two years on payment of the renewal fee. If the renewal fee is not paid before February 1 following the expiration of the license, a penalty fee of one hundred dollars shall be paid in addition to the renewal fee before the animal crematory may be relicensed.

F. Within ninety days after receipt of an initial application and fee, the board associate director shall issue a license if the application demonstrates compliance with this article or shall notify the applicant at the last address of record if the application is not in conformance with this article.

G. Animal cremation services may be performed at any animal crematory for which an application fee is submitted pending issuance of the license or notification of a deficiency in the application. END_STATUTE

Sec. 46. Section 3-3653, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3653. Animal crematory license fees

The board director may establish and the associate director may collect in advance fees for issuance of a an animal crematory license, renewal of a license and a duplicate license. The fees shall be determined by the board director, and accounted for in accordance with the provisions of pursuant to section 32‑2205 3-3503. END_STATUTE

Sec. 47. Section 3-3654, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3654. Grounds for refusal to issue or renew license or for disciplinary action; procedure; civil penalty

A. The board associate director may take disciplinary action against the animal crematory, including revoking, suspending, refusing to issue or refusing to renew an animal crematory license for any of the following grounds:

1. Failure to notify the board associate director in writing within twenty days after a change of the person who owns the animal crematory or the person responsible for the operation of the animal crematory.

2. Failure to maintain clean and sanitary facilities for the performance of services in accordance with the rules adopted by the board for the purposes of this article.

3. Failure to keep written records of all animals receiving crematory services, failure to provide a summary of the records on request to the client or failure to produce the records at the request of the board associate director.

4. Failure to maintain a current animal crematory license to provide crematory services to the public at a fixed location.

B. If the board associate director receives information indicating that disciplinary action should be taken against an animal crematory license and if it appears after investigation that the information may be true, the board associate director may issue a notice of formal hearing or the board may hold an informal interview. If the results of the informal interview indicate suspension or revocation of the animal crematory license or other action may be in order, the board associate director shall issue a notice of formal hearing and proceed pursuant to title 41, chapter 6, article 10. If the informal interview and other evidence indicate that disciplinary action should be taken other than suspension or revocation, the board associate director may take any one or a combination of the following actions:

1. Issue a decree of censure.

2. Fix such period and terms of probation as are best adapted to protect the public and rehabilitate or educate the animal crematory licensee. The terms of probation may include temporary suspension not to exceed thirty days. The failure to comply with any term of the probation is cause to consider the entire case and any other alleged violations of this chapter at a formal hearing pursuant to title 41, chapter 6, article 10.

3. Impose a civil penalty of not more than one thousand dollars for each violation. The total penalty shall not exceed five thousand dollars.

C. Before a license may be revoked or suspended for any cause provided by subsection A, the board associate director shall serve notice and conduct a hearing in the manner prescribed by title 41, chapter 6, article 10. END_STATUTE

Sec. 48. Section 3-3655, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3655. Rules

The board director may adopt rules setting forth minimum standards for animal crematories. END_STATUTE

Sec. 49. Section 3-3656, Arizona Revised Statutes, as transferred and renumbered by this act, is amended to read:

START_STATUTE3-3656. Retention of jurisdiction

1. Proceed with any investigation of or action or disciplinary proceeding against the licensee.

2. Render a decision suspending or revoking the license or denying the renewal or right of renewal of the license.

3. Assess a civil penalty pursuant to section 32‑2233 3-3553 or section 32‑2237 3-3556, subsection D. END_STATUTE

Sec. 50. Section 13-3406, Arizona Revised Statutes, is amended to read:

START_STATUTE13-3406. Possession, use, administration, acquisition, sale, manufacture or transportation of prescription-only drugs; classification

A. A person shall not knowingly:

1. Possess or use a prescription‑only drug unless the person obtains the prescription‑only drug pursuant to a valid prescription of a prescriber who is licensed pursuant to title 3, chapter 19 or title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29 or is similarly licensed in another state.

2. Unless the person holds a license or a permit issued pursuant to title 3, chapter 19 or title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess a prescription‑only drug for sale.

3. Unless the person holds a license or a permit issued pursuant to title 3, chapter 19 or title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29, possess equipment and chemicals for the purpose of manufacturing a prescription‑only drug.

4. Unless the person holds a license or a permit issued pursuant to title 32, chapter 18, manufacture a prescription‑only drug.

5. Administer a prescription‑only drug to another person whose possession or use of the prescription‑only drug violates any provision of this section.

6. Obtain or procure the administration of a prescription‑only drug by fraud, deceit, misrepresentation or subterfuge.

7. Unless the person is authorized, transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a prescription‑only drug.

B. A person who violates:

1. Subsection A, paragraph 1, 3, 4, 5 or 6 is guilty of a class 1 misdemeanor.

2. Subsection A, paragraph 2 or 7 is guilty of a class 6 felony.

C. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of any provision of this section to pay a fine of one thousand dollars. A judge shall not suspend any part or all of the imposition of any fine required by this subsection.

D. A person who is convicted of a felony violation of a provision of this section for which probation or release before the expiration of the sentence imposed by the court is authorized is prohibited from using any marijuana, dangerous drug, narcotic drug or prescription‑only drug except as lawfully administered by a practitioner and as a condition of any probation or release shall be required to submit to drug testing administered under the supervision of the probation department of the county or the state department of corrections, as appropriate, during the duration of the term of probation or before the expiration of the sentence imposed.

E. If a person who is convicted of a violation of a provision of subsection A, paragraph 2 or 7 is granted probation, the court shall order that as a condition of probation the person perform not less than two hundred forty hours of community restitution with an agency or organization providing counseling, rehabilitation or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime or any other appropriate agency or organization. END_STATUTE

Sec. 51. Section 32-1603, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1603. Qualifications of board members

A. Each professional nurse member of the board shall:

1. Be a resident of the state.

2. Be a graduate of an approved professional nursing program.

3. Be licensed as a professional nurse in this state.

4. Have had at least five years' experience in nursing following graduation, including executive, supervisory or teaching experience in nursing education or nursing service.

5. Have been actively engaged in the practice of nursing or nursing activities for at least three years preceding the appointment.

B. Each licensed practical nurse member of the board shall:

1. Be a resident of this state.

2. Be a graduate of an approved practical nursing program.

3. Be licensed as a licensed practical nurse in this state.

4. Have had at least five years' experience in practical nursing following graduation.

5. Have been actively engaged in the practice of nursing for at least three years preceding the appointment.

C. Each public member of the board shall be a person who:

1. Is not licensed pursuant to Title 3, chapter 19, chapter 7, 8, 11, 13, 14, 15.1, 16, 17, 18, 19, 19.1, 21, 25 or 29 of this title or this chapter as an individual health care provider.

2. Is not an employee of any health care institution licensed pursuant to title 36, chapter 4 or any authorized insurer providing disability insurance coverage in this state.

3. Does not have a financial interest as a provider in the delivery of health care services.

D. Each member of the board shall take and subscribe to the oath prescribed by law for state officers, which shall be filed with the secretary of state. END_STATUTE

Sec. 52. Section 32-1904, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1904. Powers and duties of board; immunity

A. The board shall:

1. Make bylaws and adopt rules that are necessary for the protection of the public and that pertain to the practice of pharmacy, the manufacturing, wholesaling or supplying of drugs, devices, poisons or hazardous substances, the use of pharmacy technicians and support personnel and the lawful performance of its duties.

2. Fix standards and requirements for the registration and reregistration of pharmacies, except as otherwise specified.

3. Investigate compliance as to the quality, label and labeling of all drugs, devices, poisons or hazardous substances and take action necessary to prevent the sale of these if they do not conform to the standards prescribed in this chapter, the official compendium or the federal act.

4. Enforce its rules. In so doing, the board or its agents have free access at all reasonable hours to any pharmacy, manufacturer, wholesaler, nonprescription drug permittee or other establishment in which drugs, devices, poisons or hazardous substances are manufactured, processed, packed or held, or to enter any vehicle being used to transport or hold such drugs, devices, poisons or hazardous substances for the purpose:

(a) Of inspecting the establishment or vehicle to determine if any of the provisions of this chapter or the federal act are is being violated.

(b) Of securing samples or specimens of any drug, device, poison or hazardous substance after paying or offering to pay for such sample.

5. Examine and license as pharmacists and pharmacy interns all qualified applicants as provided by this chapter.

6. Issue duplicates of lost or destroyed permits on the payment of a fee as prescribed by the board.

7. Adopt rules for the rehabilitation of pharmacists and pharmacy interns as provided by this chapter.

8. At least once every three months notify pharmacies regulated pursuant to this chapter of any modifications on prescription writing privileges of podiatrists, dentists, doctors of medicine, registered nurse practitioners, osteopathic physicians, veterinarians, physician assistants, optometrists and homeopathic physicians of which it receives notification from the board of podiatry examiners, board of dental examiners, Arizona medical board, board of nursing, board of osteopathic examiners in medicine and surgery, veterinary medical examining board, Arizona department of agriculture, Arizona regulatory board of physician assistants, board of optometry or board of homeopathic medical examiners.

B. The board may:

1. Employ chemists, compliance officers, clerical help and other employees and provide laboratory facilities for the proper conduct of its business.

2. Provide, by education of and information to the licensees and to the public, assistance in the curtailment of abuse in the use of drugs, devices, poisons and hazardous substances.

3. Approve or reject the manner of storage and security of drugs, devices, poisons and hazardous substances.

4. Accept monies and services to assist in the enforcement of the provisions of this chapter from other than licensees:

(a) For performing inspections and other board functions.

(b) For the cost of copies of the pharmacy and controlled substances laws, the annual report of the board, and other information from the board.

5. Adopt rules for professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy.

6. Grant permission to deviate from a state requirement for experimentation and technological advances.

7. Adopt rules for the training and practice of pharmacy interns, pharmacy technicians and support personnel.

8. Investigate alleged violations of this chapter, conduct hearings in respect to violations, subpoena witnesses and take such action as it deems necessary to revoke or suspend a license or a permit, place a licensee or permittee on probation or warn a licensee or permittee under this chapter or to bring notice of violations to the county attorney of the county in which a violation took place or to the attorney general.

9. By rule approve colleges or schools of pharmacy.

10. By rule approve programs of practical experience, clinical programs, internship training programs, programs of remedial academic work and preliminary equivalency examinations as provided by this chapter.

11. Assist in the continuing education of pharmacists and pharmacy interns.

12. Issue inactive status licenses as provided by this chapter.

13. Accept monies and services from the federal government or others for educational, research or other purposes pertaining to the enforcement of this chapter.

14. By rule except from the application of all or any part of this chapter any material, compound, mixture or preparation containing any stimulant or depressant substance included in section 13‑3401, paragraph 6, subdivision (b) or (c) from the definition of dangerous drug if the material, compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, provided that such admixtures are included in such combinations, quantity, proportion or concentration as to vitiate the potential for abuse of the substances that do have a stimulant or depressant effect on the central nervous system.

15. Adopt rules for the revocation, suspension or reinstatement of licenses or permits or the probation of licensees or permittees as provided by this chapter.

C. The executive director and other permanent or temporary personnel or agents of the board are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE

Sec. 53. Section 32-1921, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1921. Exempted acts; exemption from registration fees; definition

A. This chapter does not prevent:

1. The prescription and dispensing of drugs or prescription medications by a registered nurse practitioner pursuant to rules adopted by the board of nursing in consultation with the Arizona medical board, the board of osteopathic examiners in medicine and surgery and the board of pharmacy.

2. The sale of nonprescription drugs that are sold at retail in original packages by a person holding a permit under this chapter.

3. The sale of drugs at wholesale by a wholesaler or manufacturer that holds the required permit issued by the board to a person who holds the required permit issued under this chapter.

4. The following health professionals from dispensing or personally administering drugs or devices to a patient for a condition being treated by the health professional:

(a) A doctor of medicine who is licensed pursuant to chapter 13 of this title.

(b) An osteopathic physician who is licensed pursuant to chapter 17 of this title.

(d) A podiatrist who is licensed pursuant to chapter 7 of this title.

(e) A dentist who is licensed pursuant to chapter 11 of this title.

(f) A doctor of naturopathic medicine who is authorized to prescribe natural substances, drugs or devices and who is licensed pursuant to chapter 14 of this title.

(g) An optometrist who is licensed pursuant to chapter 16 of this title and who is certified for topical or oral pharmaceutical agents.

5. A veterinarian who is licensed pursuant to chapter 21 of this title 3, chapter 19 from dispensing or administering drugs to an animal or from dispensing or administering devices to an animal being treated by the veterinarian.

6. The use of any pesticide chemical, soil or plant nutrient or other agricultural chemical that is a color additive solely because of its effect in aiding, retarding or otherwise affecting directly or indirectly the growth or other natural physiological process of produce of the soil and thereby affecting its color whether before or after harvest.

7. A licensed practical or registered nurse employed by a person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title from assisting in the delivery of drugs and devices to patients, in accordance with the provisions of pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title.

8. The use of any mechanical device or vending machine in connection with the sale of any nonprescription drug, including proprietary and patent medicine. The board may adopt rules to prescribe conditions under which nonprescription drugs may be dispensed pursuant to this paragraph.

B. A person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title and who employs a licensed practical or registered nurse who in the course of employment assists in the delivery of drugs and devices is responsible for the dispensing process.

C. Pursuant to a prescription order written by a physician for the physician's patients and dispensed by a licensed pharmacist, a physical therapist licensed pursuant to chapter 19 of this title, an occupational therapist licensed pursuant to chapter 34 of this title or an athletic trainer licensed pursuant to chapter 41 of this title may procure, store and administer nonscheduled legend and topical anti‑inflammatories and topical anesthetics for use in phonophoresis and iontophoresis procedures and within the scope of practice of physical or occupational therapy or athletic training.

D. A public health facility operated by this state or a county and a qualifying community health center may dispense medication or devices to patients at no cost without providing a written prescription if the public health facility or the qualifying community health center meets all storage, labeling, safety and record keeping rules adopted by the board of pharmacy.

E. A person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title, who is practicing at a public health facility or a qualifying community health center and who is involved in the dispensing of medication or devices only at a facility or center, whether for a charge or at no cost, shall register to dispense with the appropriate licensing board but is exempt from paying registration fees.

F. For the purposes of this section, "qualifying community health center" means a primary care clinic that is recognized as nonprofit under section 501(c)(3) of the United States internal revenue code and whose board of directors includes patients of the center and residents of the center's service area. END_STATUTE

Sec. 54. Section 32-3101, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3101. Definitions

In this chapter, unless the context otherwise requires:

1. "Applicant group" means any health professional group or organization, any individual or any other interested party that proposes that any health professional group not presently regulated be regulated or that proposes to increase the scope of practice of a health profession.

2. "Certification" means a voluntary process by which a regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use the word "certified" in a title or designation to perform prescribed health professional tasks.

3. "Grandfather clause" means a provision applicable to practitioners actively engaged in the regulated health profession before the effective date of a law that exempts the practitioners from meeting the prerequisite qualifications set forth in the law to perform prescribed occupational tasks.

4. "Health professions" means professions regulated pursuant to title 3, chapter 19, chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39 or 41 of this title, title 36, chapter 6, article 7 or title 36, chapter 17.

5. "Increase the scope of practice" means to engage in conduct beyond the authority granted to a health profession by law.

6. "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety and welfare.

7. "Legislative committees of reference" means joint subcommittees composed of the members of the appropriate standing committees of the house of representatives and senate appointed pursuant to section 41‑2954.

8. "Licensure" or "license" means an individual, nontransferable authorization to carry on a health activity that would otherwise be unlawful in this state in the absence of the permission, and that is based on qualifications that include graduation from an accredited or approved program and acceptable performance on a qualifying examination or a series of examinations.

9. "Practitioner" means an individual who has achieved knowledge and skill by practice and who is actively engaged in a specified health profession.

10. "Public member" means an individual who is not and never has been a member or spouse of a member of the health profession being regulated and who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.

11. "Registration" means the formal notification that, before rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner, the location, nature and operation of the health activity to be practiced and, if required by a regulatory entity, a description of the service to be provided.

12. "Regulatory entity" means any board, commission, agency or department of this state that regulates one or more health professions in this state.

13. "State agency" means any department, board, commission or agency of this state. END_STATUTE

Sec. 55. Section 32-3201, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3201. Definitions

In this chapter, unless the context otherwise requires:

1. "Health profession regulatory board" means any board that regulates one or more health professionals in this state.

2. "Health professional" means a person who is certified or licensed pursuant to title 3, chapter 19, chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17.

3. "Medical record records" has the same meaning prescribed in section 12‑2291 but does not include prescription orders. END_STATUTE

Sec. 56. Section 32-3521, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3521. Temporary licensure; exemptions; transactions by medical equipment dealers

A. An applicant who has filed an application for licensure may perform respiratory care services without a license if the services are performed under the direct supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title from the date that he receives notice that his application is on file to the date that he receives his license. This period shall not exceed one year. During this period the board shall grant the applicant a temporary license. After that time period, the board shall review the applicant's excepted status and may renew the temporary license for an additional one hundred twenty days.

B. This chapter does not prohibit:

1. The performance of respiratory care services which are an integral part of a program of study by students enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title.

2. Self‑care by a patient or the gratuitous care by a friend or relative who does not purport to be a licensed respiratory care practitioner.

3. The performance of respiratory care services in case of an emergency, including an epidemic or public disaster.

4. The performance of respiratory care services by registered, certified or licensed individuals as provided pursuant to title 3, chapter 19, chapters 7, 8, 11, 13, 14, 15, 17, 18, 19, 21, 25, 28 and 29 of this title and title 36, chapter 21.1.

5. The performance of specific diagnostic testing techniques relating to respiratory care by a person under medical direction in a clinical laboratory that is regulated pursuant to title 36, chapter 4.1.

6. The performance of respiratory care services by a person employed as a respiratory therapist or respiratory therapy technician by the United States government or any of its agencies if that person provides respiratory therapy only under the direction or control of the federal government or an agency of the federal government.

7. Medical equipment dealers who comply with subsection C from taking a prescription for respiratory equipment, as long as that prescription is verified by a licensed respiratory therapist or respiratory therapy technician, and delivering oxygen equipment to or demonstrating the operation, safety and maintenance of oxygen equipment at a patient's home.

C. In a sale or lease of respiratory equipment by a medical equipment dealer to a patient, the terms of the sale or lease shall be in writing and signed by the parties describing the date of the sale or lease, the equipment to be sold or leased and the cost and method of payment for the equipment and shall include verification by a licensed respiratory therapist or respiratory therapy technician attesting that purchase or lease of the equipment is consistent with the prescription and the needs of the patient. The patient shall be provided a copy of all documents pertaining to the sale or lease at the time the documents are signed by the parties. END_STATUTE

Sec. 57. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 36-601.01, Arizona Revised Statutes, is amended to read:

START_STATUTE36-601.01. Smoke-free Arizona act; definitions

A. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section For the purposes of this section:

1. "Employee" means any person who performs any service on a full‑time, part-time or contracted basis whether or not the person is denominated an employee, or independent contractor or otherwise and whether or not the person is compensated or is a volunteer.

2. "Employer" means a person, a business, a partnership, an association, the this state of Arizona and its political subdivisions, corporations a corporation, including a municipal corporations corporation, a trust, or non-profit a nonprofit entity that employs the services of one or more individual persons.

3. "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows, (exclusive of doorways) , which that extend from the floor to the ceiling. Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.

4. "Health care facility" means any enclosed area utilized used by any health care institution licensed according pursuant to title 36 chapter 4 of this title, chapter 6 article 7, of this chapter or chapter 17, of this title or by any health care professional licensed according pursuant to title 3, chapter 19 or title 32, chapters chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41, or 42.

5. "Person" means an individual, partnership, corporation, limited liability company, entity, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character.

6. "Physically separated" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows, (exclusive of door or passageway,) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke‑free areas.

7. "Places of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

9. 8. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

10. 9. "Retail tobacco store" means a retail store that derives the majority of its sales from tobacco products and accessories.

11. 10. "Smoking" means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.

12. 11. "Sports facilities" means enclosed areas of sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, billiard halls, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.

8. 12. "Veteran and fraternal clubs" means a club as defined in A.R.S. 4‑101(7)(a)(b) or (c) section 4-101, paragraph 7, subdivision (a), (b) or (c).

B. Smoking is prohibited in all public places and places of employment within the in this state of Arizona, except the following:

1. Private residences, except when used as a licensed child care, adult day care, or health care facility.

2. Hotel and motel rooms that are rented to guests and that are designated as smoking rooms; provided, however, that not more than fifty percent per cent of rooms rented to guests in a hotel or motel are so designated.

3. Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section.

4. Veterans and fraternal clubs when they are not open to the general public.

5. Smoking when associated with a religious ceremony practiced pursuant to the American Indian religious freedom act of 1978.

6. Outdoor patios so long as if tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.

7. A theatrical performance upon on a stage or in the course of a film or television production if the smoking is part of the performance or production.

C. The prohibition on smoking in places of employment shall be communicated to all existing employees by the effective date of this section May 1, 2007 and to all prospective employees upon on their application for employment.

D. Notwithstanding any other provision of this section, an owner, operator, manager, or other person or entity in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place.

E. Posting of signs and ashtray removal.

1. E. "No smoking" signs or the international "no smoking" symbol, (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it,) shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that place identifying where smoking is prohibited by this section and where complaints regarding violations may be registered.

2. F. Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

3. G. All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.

F. H. No employer may discharge or retaliate against an employee because that employee exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.

G. I. The law This section shall be implemented and enforced by the department of health services as follows:

1. The department shall design and implement a program, including the establishment of an internet website, to educate the public regarding the provisions of this law section.

2. The department shall inform persons who own, manage, operate or otherwise control a public place or place of employment of the requirements of this law section and how to comply with its provisions including making information available and providing a toll-free telephone number and e-mail address to be used exclusively for this purpose.

3. Any member of the public may report a violation of this law section to the department. The department shall accept oral and written reports of violation and establish an e-mail address(es) address or addresses and a toll‑free telephone number(s) number or numbers to be used exclusively for the purpose of reporting violations. A person shall not be is not required to disclose the person's identity when reporting a violation.

4. If the department has reason to believe a violation of this law section exists, the department may enter upon and into any public place or place of employment for purposes of determining compliance with this law section. However, the department may inspect public places where food or alcohol is served at any time to determine compliance with this law section.

5. If the department determines that a violation of this law section exists at a public place or place of employment, the department shall issue a notice of violation to the person who owns, manages, operates or otherwise controls the public place or place of employment. The notice shall include the nature of each violation, date and time each violation occurred, and department contact person.

6. The department shall impose a civil penalty on the person in an amount of not less than $100 one hundred dollars, but not more than $500 five hundred dollars for each violation. In considering whether to impose a fine civil penalty and the amount of the fine civil penalty, the department may consider whether the person has been cited previously and what efforts the person has taken to prevent or cure the violation including reporting the violation or taking action under subsection J of this section. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. A person may appeal the assessment of a civil penalty by requesting a hearing. If a person requests a hearing to appeal an assessment, the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department.

7. If a civil penalty imposed by this section is not paid, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.

8. The department may apply for injunctive relief to enforce these provisions this section in the superior court in the county in which the violation occurred. The court may impose appropriate injunctive relief and impose a penalty of not less than $100 one hundred dollars but not more than $500 five hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. If the superior court finds the violations are willful or evidence a pattern of noncompliance, the court may impose a fine civil penalty of up to $5000 five thousand dollars per violation.

9. The department may contract with a third party to determine compliance with this law section.

10. The department may delegate to a state agency or political subdivision of this state any functions, powers or duties under this law section.

11. The director of the department may promulgate adopt rules for the implementation and enforcement of this law section. The department is exempt from the rulemaking rule making procedures prescribed in A.R.S. § title 41, chapter 6, except the department shall publish draft rules and thereafter take public input including hold at least two public hearings prior to before implementing the rules. This exemption expires May 1, 2007.

H. J. Beginning on June 1, 2008 and every other June 1 thereafter, the director of the Arizona department of health services shall issue a report analyzing its activities to enforce this law section, including the activities of all of the state agencies or political subdivisions to whom the department has delegated responsibility under this law section.

I. K. An owner, manager, operator or employee of place regulated by this law section shall inform any person who is smoking in violation of this law section that smoking is illegal and request that the illegal smoking stop immediately.

J. L. This law section does not create any new private right of action nor does it extinguish any existing common law causes of action.

K. M. A person who smokes where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars.

L. Smoke‑free Arizona fund

1. N. The smoke-free Arizona fund is established consisting of all revenues deposited in the fund pursuant to § section 42-3251.02 and interest earned on those monies. The Arizona department of health services shall administer the fund. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by § section 35-313 and monies earned from investment shall be credited to the fund.

2. O. All money monies in the smoke-free Arizona fund shall be used to enforce the provisions of this section provided however that if there is money remaining after the department has met its enforcement obligations, that remaining money shall be deposited in the tobacco products tax fund and used for education programs to reduce and eliminate tobacco use and for no other purpose.

3. P. Monies in this fund are continuously appropriated, are not subject to further approval, do not revert to the state general fund and are exempt from the provisions of §36-190 section 35-190 relating to the lapsing of appropriations.

M. Q. This section does not prevent a political subdivision of the this state from adopting ordinances or regulations that are more restrictive than this section nor does this section repeal any existing ordinance or regulation that is more restrictive than this section.

N. R. Tribal sovereignty - This section has no application on Indian reservations as defined in ARS 42-3301(2) section 42-3301. END_STATUTE

Sec. 58. Section 36-2522, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2522. Registration requirements

A. Every person who manufactures, distributes, dispenses, prescribes or uses for scientific purposes any controlled substance within this state or who proposes to engage in the manufacture, distribution, prescribing or dispensing of or using for scientific purposes any controlled substance within this state must first:

1. Obtain and possess a current license or permit as a medical practitioner as defined in section 32‑1901 or as a pharmacy, pharmacist, manufacturer or wholesaler pursuant to title 32, chapter 18.

2. Be a registrant under the federal controlled substances act (P.L. 91‑513; 84 Stat. 1242; 21 United States Code section 801 et seq.).

B. A person who is registered under this chapter to manufacture, distribute, dispense, prescribe or use for scientific purposes controlled substances may possess, manufacture, distribute, dispense, prescribe or use for scientific purposes those substances to the extent authorized by that person's license or permit in conformity with this chapter and title 32, chapter 18.

C. The following persons need not register and may lawfully possess controlled substances under this chapter:

1. An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment.

2. A common or contract carrier or warehouseman or that person's employee whose possession of any controlled substance is in the usual course of business or employment.

3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a medical practitioner or in lawful possession of a schedule V substance.

4. An officer or employee of the department of public safety, the animal services division of the Arizona department of agriculture solely for the purposes of title 3, chapter 19, a professional regulatory board established by title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29 or the Arizona state board of pharmacy or a peace officer as defined in section 1‑215 in the lawful performance of that person's duties.

D. The board may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if the board finds waiver consistent with the public health and safety or the requirements of the United States drug enforcement administration.

E. The board or its designee may inspect the establishment of a registrant or applicant for registration in accordance with the board's regulation if the board or its designee has information that the board or its designee believes would require an on-site inspection. END_STATUTE

Sec. 59. Section 36-2601, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2601. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the Arizona state board of pharmacy or its designee.

2. "Dispenser" means a medical practitioner or pharmacy that is authorized to dispense controlled substances.

3. "Licensed health care provider" means a person who is licensed pursuant to title 3, chapter 19 or title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 19.1, 21, 25, 29 or 33.

4. "Medical practitioner" has the same meaning prescribed in section 32‑1901.

5. "Person" means an individual, partnership, corporation or association and the person's duly authorized agents.

6. "Program" means the controlled substances prescription monitoring program. END_STATUTE

Sec. 60. Section 36-2604, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2604. Use and release of confidential information

A. Except as otherwise provided in this section, prescription information submitted to the board pursuant to this article is confidential and is not subject to public inspection. The board shall establish procedures to ensure the privacy and confidentiality of patients and that patient information that is collected, recorded and transmitted pursuant to this article is not disclosed except as prescribed in this section.

B. The board or its designee shall review the prescription information collected pursuant to this article. If the board or its designee has reason to believe an act of unprofessional or illegal conduct has occurred, the board or its designee shall notify the appropriate professional licensing board or law enforcement or criminal justice agency and provide the prescription information required for an investigation.

C. The board may release data collected by the program to the following:

1. A person who is authorized to prescribe or dispense a controlled substance to assist that person to provide medical or pharmaceutical care to a patient or to evaluate a patient.

2. An individual who requests the individual's own prescription monitoring information pursuant to section 12‑2293.

3. The animal services division of the Arizona department of agriculture for the purposes of title 3, chapter 19 or a professional licensing board established pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29. Except as required pursuant to subsection B of this section, the board shall provide this information only if the requesting agency or board states in writing that the information is necessary for an open investigation or complaint.

4. A local, state or federal law enforcement or criminal justice agency. Except as required pursuant to subsection B of this section, the board shall provide this information only if the requesting agency states in writing that the information is necessary for an open investigation or complaint.

5. The Arizona health care cost containment system administration regarding persons who are receiving services pursuant to chapter 29 of this title. Except as required pursuant to subsection B of this section, the board shall provide this information only if the administration states in writing that the information is necessary for an open investigation or complaint.

6. A person serving a lawful order of a court of competent jurisdiction.

D. The board may provide data to public or private entities for statistical, research or educational purposes after removing information that could be used to identify individual patients or persons who received prescriptions from dispensers. END_STATUTE

Sec. 61. Section 36-2606, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2606. Registration; requirements

A. Beginning November 1, 2007 and pursuant to rules adopted by the board, each medical practitioner who is issued a license pursuant to title 3, chapter 19 or title 32 and who possesses a registration under the federal controlled substances act must have a current controlled substances prescription monitoring program registration issued by the board. The registration is:

1. Subject to biennial renewal as specified in this article.

2. Not transferable or assignable.

3. Valid only in conjunction with a valid license issued by the Arizona department of agriculture pursuant to title 3, chapter 19 or by a professional licensing board established pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 21, 25 or 29.

B. An applicant for registration pursuant to this section must submit an application as prescribed by the board.

C. The board shall assign all persons registered under this article to one of two registration renewal groups. The holder of a registration ending in an even number must renew the registration biennially on or before May 1 of the next even-numbered year. The holder of a registration ending in an odd number must renew the registration biennially on or before May 1 of the next odd-numbered year. The board shall automatically suspend the registration of any registrant who fails to renew the registration on or before May 1 of the year in which the renewal is due. The board shall vacate a suspension if the registrant submits a renewal application. A suspended registrant is prohibited from accessing information in the prescription monitoring program database tracking system.

D. A registrant shall not apply for registration renewal more than sixty days before the expiration date of the registration.

E. An applicant for registration renewal pursuant to this section must submit a renewal application prescribed by the board by rule.

F. Pursuant to a fee prescribed by the board by rule, the board may issue a replacement registration to a registrant who requests a replacement because the original was damaged or destroyed, because of a change of name or for any other good cause as prescribed by the board. END_STATUTE

Sec. 62. Section 41-1092, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1092. Definitions

In this article, unless the context otherwise requires:

1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action.

2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge.

3. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party and that is not a contested case. Appealable agency actions do not include interim orders by self‑supporting regulatory boards or rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests. For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action.

4. "Director" means the director of the office of administrative hearings.

5. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6.

6. "Office" means the office of administrative hearings.

7. "Self‑supporting regulatory board" means any one of the following:

(a) The Arizona state board of accountancy.

(b) The state board of appraisal.

(d) The board of behavioral health examiners.

(e) The Arizona state boxing commission.

(f) The state board of chiropractic examiners.

(g) The board of cosmetology.

(h) The state board of dental examiners.

(i) The state board of funeral directors and embalmers.

(j) The Arizona game and fish commission.

(k) The board of homeopathic medical examiners.

(l) The Arizona medical board.

(m) The naturopathic physicians board of medical examiners.

(n) The state board of nursing.

(o) The board of examiners of nursing care institution administrators and adult care home managers.

(p) The board of occupational therapy examiners.

(q) The state board of dispensing opticians.

(r) The state board of optometry.

(s) The Arizona board of osteopathic examiners in medicine and surgery.

(t) The Arizona peace officer standards and training board.

(u) The Arizona state board of pharmacy.

(v) The board of physical therapy examiners.

(w) The state board of podiatry examiners.

(x) The state board for private postsecondary education.

(y) The state board of psychologist examiners.

(z) The board of respiratory care examiners.

(aa) The structural pest control commission.

(bb) The state board of technical registration.

(cc) The Arizona state veterinary medical examining board.

(dd) (cc) The acupuncture board of examiners.

(ee) (dd) The Arizona regulatory board of physician assistants.

(ff) (ee) The board of athletic training.

(gg) (ff) The board of massage therapy. END_STATUTE

Sec. 63. Section 44-1799.01, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.01. Initial veterinary examination

A. A veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19 shall examine all cats and dogs that are received by a pet dealer before the cat or dog is placed for sale.

B. If the veterinarian determines that a cat or dog is afflicted with a contagious disease, the cat or dog may be returned to the source or kept by the pet dealer. If the pet dealer keeps the cat or dog, the pet dealer shall cage the cat or dog separately from healthy animals and shall house and handle the cat or dog in a manner that will minimize the likelihood of contagion. END_STATUTE

Sec. 64. Section 44-1799.02, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.02. Information statement; purchaser rights; notice

A. At the time of sale, each pet dealer shall give the purchaser of a cat or dog a written statement that contains the following information:

1. The date of the animal's birth, if known, the state in which the animal was born, if known, and the date the pet dealer received the animal.

2. The immunizations and deworming treatments that have been administered to the animal as of the time of sale, if known, including the dates of administration and the type and brand of vaccine or deworming treatment.

3. The breed, sex, color and other identifying marks apparent at the time of sale. If the animal is from a source that is licensed by the United States department of agriculture, the individual identifying tag, tattoo or color number for the animal shall be included. If the breed is unknown or mixed, this fact shall be stated.

4. Any veterinary treatment or medication that the animal received while in the possession of the pet dealer and either of the following:

(a) A statement signed by the pet dealer and the purchaser at the time of sale that contains all of the following:

(i) A statement that a veterinarian examined the animal and the animal has no apparent disease or illness.

(ii) A statement that a veterinarian examined the animal and at the time of the examination the animal had no apparent congenital or hereditary condition that would adversely affect the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future.

(b) A record of any known disease or illness or any hereditary or congenital condition that adversely affects the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future. The record shall include a statement that is signed by a veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19, that recommends necessary treatment, if any, and that verifies that the disease, illness or condition does not require hospitalization or nonelective surgical procedures and is not likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian's statement is not required for intestinal or external parasites. The pet dealer and the purchaser shall sign the statement required by this subdivision.

B. The purchaser shall acknowledge in writing that the purchaser has received the information required by subsection A.

C. In addition to information required to be given to a purchaser pursuant to subsection A, at the time of sale and on request of the purchaser, a pet dealer that sells a cat or dog shall provide the prospective purchaser with written notice of the purchaser's rights. The notice shall be a legible copy of this article.

D. A pet dealer shall post the following notice within close proximity of the cages or enclosures in which cats or dogs are offered for sale:

Pursuant to title 44, chapter 11, article 17, Arizona Revised Statutes, information on the source of the cat or dog and any veterinary treatment received by the cat or dog is available for review. You are entitled to a copy of the law describing your rights as a consumer purchaser. END_STATUTE

Sec. 65. Section 44-1799.05, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.05. Purchaser remedies for sale of unfit cats or dogs; requirements; exceptions

A. A cat or dog that is purchased from a pet dealer is considered to be unfit for sale if either of the following applies:

1. Within fifteen days after the purchaser takes possession of the animal, a veterinarian who is licensed pursuant to title 32, chapter 21, 3, chapter 19 states in writing that in the veterinarian's opinion the cat or dog has become ill or otherwise symptomatic due to any illness, injury or other defect that existed in the animal before the purchaser took possession of the animal.

2. Within sixty days after the purchaser takes possession of the animal, a veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19 states in writing that the animal has a congenital or hereditary condition that adversely affects the health of the animal or that requires or is likely to require hospitalization or nonelective surgical procedures.

B. The veterinary statement that is required pursuant to subsection A shall contain the following information:

1. The purchaser's name and address.

2. The date or dates on which the cat or dog was examined.

3. The type, breed and age of the cat or dog, if known.

4. A verification that the veterinarian examined the cat or dog.

5. A statement that the cat or dog had an illness or congenital or hereditary problem that rendered the cat or dog unfit for sale or that resulted in the cat's or dog's death.

6. The findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

C. If a cat or dog is unfit for sale pursuant to subsection A, the purchaser may elect one of the following remedies:

1. Return the animal to the pet dealer for a refund of the purchase price, including transaction privilege, sales or similar excise tax.

2. If a replacement animal is available, exchange the animal for an animal of the same species and of equivalent value and receive reimbursement for reasonable veterinary fees for diagnosis and treatment in an amount of not more than the original purchase price of the animal, including transaction privilege, sales or similar excise tax.

3. Retain the animal and receive reimbursement from the pet dealer for reasonable veterinary fees for diagnosis and treatment in an amount of not more than the original purchase price of the animal, including transaction privilege, sales or similar excise tax.

D. The purchaser shall comply with all of the following requirements to obtain the remedies available under this section:

1. Notify the pet dealer in writing that the cat or dog has a medical or health problem, including a congenital or hereditary condition, within five days after a veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19 diagnoses the problem. The purchaser shall provide the pet dealer with the veterinarian's name and telephone number.

2. If the cat or dog is ill or injured or has a congenital or hereditary condition, offer to present the cat or dog to the pet dealer, together with copies of all records that are available to the purchaser regarding the cat's or dog's diagnosis and condition.

3. If the cat or dog dies within fifteen days of after the date of purchase, give the pet dealer the veterinarian's written statement that the cat or dog died from an illness that existed on or before the purchaser took possession of the cat or dog. The presentation of the written statement is sufficient proof to claim reimbursement or replacement pursuant to this section. The purchaser is not required to return the dead cat or dog to the pet dealer.

E. If a cat or dog was unfit for sale and has died or was euthanized by a veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19, the pet dealer shall refund to the purchaser the purchase price, including transaction privilege, sales or similar excise tax.

F. If the purchaser is requesting a refund for reasonable veterinary expenses, an itemized bill of fees shall accompany the veterinarian statement required pursuant to subsection A. The itemized bill shall include fees for examination, diagnosis and treatment.

G. Unless the pet dealer contests the demand for remedies, the pet dealer shall pay refunds and shall reimburse veterinary expenses within thirty days after receiving the veterinarian's statement or, if applicable, within thirty days after the date on which the cat or dog is returned to the pet dealer.

H. The purchaser shall not be reimbursed for the purchase price or veterinary fees if any of the following applies:

1. The cat's or dog's illness or death resulted from maltreatment or neglect or from an injury that the cat or dog sustained after the purchaser took possession of the cat or dog.

2. The purchaser failed to carry out the recommended treatment prescribed by the veterinarian who made the initial diagnosis. This paragraph does not apply if the cost of the treatment together with the veterinarian's fees would exceed the purchase price of the cat or dog, including transaction privilege, sales or similar excise tax.

3. At the time of sale, the purchaser received the veterinary statement pursuant to subsection A section 44-1799.02 and the statement disclosed the disease, illness or condition for which the purchaser seeks to return the cat or dog.

4. The purchaser refuses to return to the pet dealer all of the documents that were provided to the purchaser for the purpose of registering the cat or dog.

I. The value of veterinary medical services is deemed to be reasonable if the services rendered are appropriate for the diagnosis and treatment of an illness or congenital or hereditary condition and are comparable to the value of similar services rendered by other licensed veterinarians. END_STATUTE

Sec. 66. Section 44-1799.06, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.06. Contested actions; procedures

A. If a pet dealer contests a demand for remedies, the pet dealer may require the purchaser to produce the cat or dog for examination by a veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19 unless the cat or dog has died. The pet dealer shall pay the costs of examination.

B. If the purchaser and the pet dealer are unable to reach an agreement within thirty days after the pet dealer receives the veterinarian statement or the veterinarian receives the cat or dog for examination, whichever is later, the purchaser may file an action in a court of competent jurisdiction or the parties may agree in writing to submit to binding arbitration.

C. The prevailing party in the action shall be awarded reasonable attorney fees if the other party acted in bad faith in seeking or denying the requested remedy. END_STATUTE

Sec. 67. Section 44-1799.07, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1799.07. Presumption of illness

A. It is a rebuttable presumption that an illness or a congenital or hereditary defect existed at the time of sale if the cat or dog dies within fifteen days after the purchaser takes possession of the cat or dog.

B. A finding by a veterinarian who is licensed pursuant to title 32, chapter 21 3, chapter 19 that the cat or dog had intestinal or external parasites is not grounds for declaring a cat or dog unfit for sale. END_STATUTE

Sec. 68. Succession

A. As provided by this act, the Arizona department of agriculture succeeds to the authority, powers, duties and responsibilities of the Arizona state veterinary medical examining board.

B. This act does not alter the effect of any action or impair the valid obligations of the Arizona state veterinary medical examining board taken before the effective date of this act.

C. Administrative rules and orders adopted by the Arizona state veterinary medical examining board continue in effect until superseded by administrative action by the Arizona department of agriculture.

D. All administrative matters, contracts and judicial and quasi‑judicial actions, whether completed, pending or in process, of the Arizona state veterinary medical examining board on the effective date of the act are transferred to and retain the same status with the Arizona department of agriculture.

E. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the Arizona state veterinary medical examining board retain their validity for the duration of their terms of validity as provided by law.

F. All equipment, records, furnishings and other property, all data and investigative findings and all appropriated monies that remain unexpended and unencumbered on the effective date of this act of the Arizona state veterinary medical examining board are transferred to the Arizona department of agriculture.

G. All personnel who are under the state personnel system and employed by the Arizona state veterinary medical examining board are transferred to comparable positions and pay classification in the Arizona department of agriculture on the effective date of this act.

Sec. 69. Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 36-601.01, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.

Sec. 70. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.