ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: NREW DPA 6-0-1-0 | 3rd Read 22-6-2-0


SB 1199: veterinarian malpractice actions; damages

Sponsor: Senator Kavanagh, LD 3

Committee on Land, Agriculture & Rural Affairs

Overview

Outlines specified damages a person may receive in a successful malpractice action against a veterinarian for the death of the person's domestic animal.

History

The Arizona State Veterinary Medical Examining Board (Board) is responsible for protecting the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of veterinary medicine through licensure and regulation. The Board, composed of nine members appointed by the Governor, is required to: 1) regulate disciplinary actions; 2) grant, deny, revoke, renew and suspend licenses and certificates; and 3) rehabilitate licensees and certificate holders (A.R.S. §§ 32-2202, 32-2207).

If the Board receives information indicating that a veterinarian may have engaged in unprofessional or dishonorable conduct, the Board may appoint one or more investigative committees to interview witnesses, gather evidence and otherwise investigate any allegations. If it appears after investigation that the information may be true, the Board may issue a notice of formal hearing or the Board may request an informal interview with the veterinarian. The Board may revoke or suspend a permit or license or impose a civil penalty, not more than $1,000, against any veterinarian or the responsible veterinarian, or both, for unprofessional or dishonorable conduct (A.R.S. §§ 32-2233, 32-2234, 32-2237).

Unprofessional or dishonorable conduct includes malpractice, gross incompetence or gross negligence in the practice of veterinary medicine (A.R.S. § 32-2232).

Malpractice means treatment in a manner contrary to accepted practices and with injurious results (A.R.S. § 32-2201).

Provisions

1.   Allows a person, if the person prevails in a malpractice action against a veterinarian, to receive the following reasonable damages for the death of the person's domestic animal:

a)   the fair market value of the domestic animal; or

b)   the cost of all reasonable and necessary veterinary medical expenses for the domestic animal resulting from the malpractice activity. (Sec. 1)

2.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteDefines domestic animal. (Sec. 1)

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6.                     SB 1199

7.   Initials EB/BSR  Page 0 Land, Agriculture & Rural Affairs

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