A.R.S. tit. 32 ch. 21 — Arizona Revised Statutes Title 32 Chapter 21 — Veterinarians

32-2201. 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. 3. "Certified veterinary technician" means either: (a) A graduate of a minimum two-year American veterinary medical association accredited program in veterinary technology who has passed a national and a state veterinary technician examination. (b) A person who is certified on or before December 31, 2010 pursuant to the rules adopted by the board. 4. "Consulting" means providing professional or expert advice that is requested by a veterinarian licensed in this state and that is rendered only on a specific case basis. 5. "Controlled substance" means any substance that is registered and controlled under the controlled substances act (P.L. 91-513). 6. "Cremation" means the heating process that reduces animal remains to bone fragments by combustion and evaporation. 7. "Crematory" means a building or portion of a building that is licensed pursuant to article 8 of this chapter and that houses a retort in which only animal remains are cremated. 8. "Direct supervision" means that a licensed veterinarian is physically present at the location where animal health care is being performed. 9. "Gross incompetence" means any professional misconduct or unreasonable lack of professional skill in the performance of professional practice. 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. 11. "Indirect supervision" means that a licensed veterinarian is not physically present at the location where animal health care is being performed but has given either written or oral instructions for treatment of the animal patient. 12. "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 may result in action against the veterinarian's license. 13. "Licensed veterinarian" means a person who is currently licensed to practice veterinary medicine in this state. 14. "Licensed veterinary faculty member" means a person who is currently licensed to practice veterinary medicine as an employee of a veterinary college in this state. 15. "Malpractice" means treatment in a manner contrary to accepted practices and with injurious results. 16. "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. 17. "Negligence" means the failure of a licensed veterinarian to exercise reasonable care in the practice of veterinary medicine. 18. "Regularly" means that veterinary services are offered to the public once a month or more frequently. 19. "Responsible veterinarian" means the veterinarian who is responsible to the board 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 establishing the policy at such premises. 20. "Specialist" means a veterinarian who is certified as a diplomate in a particular discipline by a national specialty board or college recognized by the American veterinary medical association after completing 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. 21. "Supervising veterinarian" means a licensed veterinarian who is responsible for the care rendered to an animal by a certified veterinary technician or a veterinary assistant. 22. "Temporary sites" means sites where outpatient veterinary services are performed. 23. "Twenty-four hour services" means veterinary services when a veterinarian is on the premises twenty-four hours a day. 24. "Veterinarian" means a person who has received a doctor's degree in veterinary medicine from a veterinary college. 25. "Veterinarian client patient relationship" means a relationship between a veterinarian and a client or the owner or caretaker of an animal in which the veterinarian meets all of the following: (a) Assumes the responsibility for making medical judgments regarding the animal's health and need for medical treatment and the client, owner or caretaker has agreed to follow the veterinarian's instructions. (b) Has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the animal's medical condition. For the purposes of this subdivision, sufficient knowledge is obtained when any of the following occurs: (i) The veterinarian has recently seen and is personally acquainted with the keeping and caring of the animal as a result of examining the animal. (ii) The veterinarian makes medically appropriate and timely visits to the premises where the animal is kept. (iii) A veterinarian affiliated with the practice has reviewed the medical record of such examinations or visits. (iv) The veterinarian obtains current knowledge of the animal by conducting a real-time electronic examination using an audio-video based communication medium. (c) Is readily available for a follow-up evaluation or has arranged for either of the following: (i) Emergency coverage. (ii) Continuing care and treatment by another veterinarian who has access to the animal's medical records. 26. "Veterinary assistant" means an individual who provides care under the direct supervision or indirect supervision of a veterinarian or certified veterinary technician. 27. "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. 28. "Veterinary faculty member" means a person who has received a doctor's degree in veterinary medicine from a veterinary college and who is an employee of a veterinary college in this state. 29. "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, acupuncture, manipulation and all other branches or specialties of veterinary medicine and prescribing, administering or dispensing drugs and medications for veterinary purposes. 30. "Veterinary student" means a student who is regularly enrolled in a veterinary college. 32-2202. Board; appointment; term; qualifications; officers; compensation A. There shall be an Arizona state veterinary medical examining board consisting of nine members appointed by the governor pursuant to section 38-211. B. Each member shall serve for a term of four years. A member shall not serve more than two full terms. After notice and a hearing before the governor, a member of the board may be removed on a finding by the governor of continued neglect of duty, incompetence or unprofessional or dishonorable conduct. The term of any member automatically ends on written resignation submitted to the board or to the governor. C. Five members shall be licensed veterinarians who have an established practice location in this state or are employed by a university or a political subdivision of the state and who have resided and practiced in the state for at least five years immediately preceding appointment, no more than three of whom shall be from the same veterinary college. Three members shall not be veterinarians, two representing the general public and one representing the livestock industry. One member shall be a certified veterinary technician who has held the designation for at least five years, is currently employed in the veterinary field in this state and has practiced and resided in this state for at least five years immediately preceding appointment. Except as provided in subsection F of this section, a person who has been convicted of a violation of any provision of this chapter is ineligible for appointment. D. The board shall elect a chairman and such other officers as it deems necessary. The term of each officer shall be one year ending June 30, or until the officer's successor is elected and qualifies. E. Each member of the board shall receive compensation at a rate not exceeding one hundred dollars for each day engaged in the service of the board. F. The governor may appoint a person to the board who has previously been sanctioned pursuant to section 32-2233, subsection B. 32-2203. Reports The chairman of the board shall make an annual report to 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. 32-2204. Meetings; quorum A. The board shall hold one annual meeting and other meetings as necessary. Special meetings may be called by the chairman of the board. The time and place of the annual meeting and the method of giving notice of special meetings shall be fixed by the rules adopted by the board. B. At each board meeting the board shall make a call to the public informing attendees that any member of the public may address the board regarding any matter that appears on the board's agenda. C. The board shall tape record all discussions of complaints that are not conducted in executive session. The board shall retain the tapes for at least two years. D. A majority of the board members shall constitute a quorum. 32-2205. Veterinary medical examining board fund (L24, Ch. 222, sec. 33. Eff. until 7/1/28) A. The veterinary medical examining board fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all fees and other revenue accruing to the board in the state general fund and deposit the remaining eighty-five percent 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. 32-2205. Veterinary medical examining board fund (L24, Ch. 222, sec. 34. Eff. 7/1/28) A. The veterinary medical examining board fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all fees and other revenue accruing to the board in the state general fund and deposit the remaining ninety percent 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. 32-2206. Board personnel Subject to title 41, chapter 4, article 4, the board 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 may contract with other state or federal agencies as required to carry out this article. 32-2207. Veterinary board; powers and duties The primary duty of the board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of veterinary medicine through licensure and regulation of the profession in this state. The powers and duties of the board include: 1. Administering and enforcing this chapter and board rules. 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. 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. 4. Keeping a record of all licensees and certificate holders, board actions taken 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. 7. Subject to title 41, chapter 4, article 4, employing an executive director who serves at the pleasure of the board. 8. Adopting rules pursuant to title 41, chapter 6 that relate to the qualifications and regulation of doctors of veterinary medicine, certified veterinary technicians, veterinary premises, mobile veterinary clinics and crematories and other rules that the board deems 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 provides to the public. (d) A provision that licensed veterinary faculty members are not subject to continuing education requirements. 9. Establishing 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 in another jurisdiction. (c) Return of checks due to insufficient funds, an order to stop payment or a closed account. (d) Provision of a list of the names of veterinarians, certified veterinary technicians or veterinary premises licensed or certified by the board. 10. Adopting rules that require the board to inform members of the public about the existence of the office of the ombudsdman-citizens aide established by section 41-1375. 32-2208. Immunity from personal liability Members, agents and employees of the board 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. 32-2209. Substance abuse treatment and rehabilitation plan; private contract; funding A. The board may establish a plan for the treatment and rehabilitation of licensees or certificate holders who are impaired by alcohol or drug abuse. The plan shall include education, intervention, therapeutic treatment and posttreatment monitoring and support. B. The board may contract with other organizations to implement the plan established pursuant to subsection A of this section. A contract with a private organization shall require that the private organization do all of the following: 1. Make periodic reports to the board regarding treatment program activity. 2. Pursuant to a written request by the board or its executive director with direction from the chairman, release all treatment records. 3. Make quarterly reports to the board by case number regarding each participant's diagnosis and prognosis and recommendations for each participant's continuing care, treatment and supervision. 4. Immediately report to the board the name of an impaired licensee or certificate holder whom the organization believes to be a danger to the licensee or certificate holder or to others. 5. Immediately report to the board the name of a participant who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment. C. The board may allocate up to five per cent from each fee collected from renewal of licenses pursuant to section 32-2219 for implementation of the plan established by this section. D. A licensee or certificate holder who is impaired by alcohol or drug abuse may enter into a stipulation order with the board, or the licensee or certificate holder may be placed on probation or be subject to other action as provided by law. A licensee or certificate holder who is impaired by alcohol or drug abuse and who self-refers before any board investigation or disciplinary action may enter into a nondisciplinary and confidential contract with the plan administrator for participation in the plan. E. Participants in the plan are either confidential or known. Confidential participants are self-referred and may remain unidentified to the board, subject to maintaining compliance with their nondisciplinary and confidential contract with the plan administrator. Known participants are under a board order of discipline to complete a minimum tenure in the plan. After a known participant completes the minimum tenure, the board may terminate the board order and reinstate the participant's license to practice veterinary medicine or certification as a veterinary technician. 32-2211. Exceptions from application of chapter This chapter does not apply to: 1. A commissioned veterinary medical officer of the United States armed services or employees of the animal disease eradication division of the United States department of agriculture. 2. A person who treats an animal belonging to the person or the person's employer while in the regular service of that employer or the animal of another without compensation. Animals consigned by their legal owner for feeding or care to consignment livestock operations shall be considered to be the property of the consignee. 3. A licensed veterinarian of another state or foreign country who consults with a licensed veterinarian in this state. 4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the veterinary student's educational experience if both of the following apply: (a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care. (b) The veterinary student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member. 5. A veterinary assistant who is employed by a licensed veterinarian and who performs duties other than diagnosis, prognosis, prescription or surgery under the direct supervision or indirect supervision of the licensed veterinarian who is responsible for the veterinary assistant's performance. 6. An emergency medical care technician who provides emergency treatment pursuant to section 36-2230. 7. A physician who is licensed pursuant to chapter 13 or 17 of this title and who provides administrative medical direction as defined in section 36-2201 or online medical direction within the emergency medical services and trauma system to an emergency medical care technician who is providing emergency treatment pursuant to section 36-2230. 8. A rabies vaccinator who is certified in the administration of rabies vaccines pursuant to section 32-2240.02. 32-2212. Issuance of license; previous licenses qualified; use of designations A. If an applicant for a veterinary license satisfactorily passes the examination given by the board, demonstrates a scientific and practical knowledge of the art and science of veterinary medicine and complies with this chapter, the board shall issue a license to the applicant to practice veterinary medicine in this state. B. If an applicant for a veterinary faculty member license complies with this chapter and is approved by the board, the board shall issue a veterinary faculty member license to the applicant to practice veterinary medicine as a faculty member of the veterinary college where the applicant is employed. A licensed veterinary faculty member may practice veterinary medicine only under the licensee's official academic responsibilities. C. The board 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 or, for a veterinary faculty member license applicant, within twelve months after the date of application. An applicant who fails to submit the fee within that time forfeits qualification for licensure, and the applicant shall reapply for licensure pursuant to sections 32-2213 and 32-2214. D. 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 on the official register kept by the board. E. 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 or 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 this chapter. 32-2213. Application for license; retention of examination materials A. A person desiring to practice veterinary medicine or surgery, including as a faculty member at a veterinary college, shall apply in writing to the board for a license to practice. The application shall be on a form provided by the board and shall require the following information: 1. The name, age and address of the applicant. 2. The names of schools of veterinary medicine that the applicant attended, the dates of attendance and the date of transfer. 3. The degrees held from schools of veterinary medicine. 4. The location and length of time in active practice in other states or territories of the United States, if any, and whether or not the applicant is in good standing in each location of practice. 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. For a veterinary faculty member license application, documentation from an authorized official of a veterinary college in this state that shows that the applicant has been appointed to the faculty of that veterinary college. 8. Any other information that is required by rules adopted by the board. 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. 32-2214. Examination of applicants; confidentiality A. All applicants for a veterinary license, not including a veterinary faculty member license, shall take an examination that consists of the following: 1. A state examination approved by the board. 2. The North American veterinary licensing examination. B. The state examination shall be both: 1. Held in January and June of each year unless otherwise provided by the board. 2. Conducted so that the members of the board do not know the name of the applicant until the judging or grading is officially completed. C. A grade of at least seventy-five percent is required to successfully pass the North American veterinary licensing examination. A grade of at least seventy-five percent is 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. D. 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 a license by endorsement or a specialty license under section 32-2215, subsection C or D, in which case the applicant's score shall be transcribed and received by the board. E. All examination materials, records of examination grading and performance and transcripts of educational institutions concerning applicants or licensees are confidential and not public records. 32-2215. Qualifications for license to practice veterinary medicine A. An applicant for a license issued under this chapter shall: 1. 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. This paragraph does not apply to an applicant for a veterinary faculty member license who has graduated from a veterinary college. 2. Satisfactorily pass both a state examination approved by the board as provided in this chapter and the North American veterinary licensing examination. This paragraph does not apply to an applicant for a veterinary faculty member license. B. An applicant may be denied licensure either before or after an 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 may waive the examination requirement pursuant to section 32-2214, subsection A, 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 and meets the following requirements: 1. Holds an active license in one or more other states or in Canada and submits verification that the applicant has previously taken and passed the examination required by section 32-2214, 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 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. Lawfully and actively engages 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 in this country or in Canada before filing an application for licensure in this state. 3. Has graduated from a veterinary college recognized by the board. 4. Successfully passes a state examination approved by the board with a grade of at least seventy-five percent. 5. Pays a fee for the license of $750. D. The board may waive the examination requirement pursuant to section 32-2214, subsection A, 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 and meets the following requirements: 1. Holds a current certification as a specialist of a national specialty board or college recognized by the American veterinary medical association. 2. Limits the applicant's practice to the scope of the applicant's board certification. 3. Successfully passes a state examination approved by the board with a score of at least seventy-five percent. 4. Pays a fee for the specialty license of $750. E. The board shall determine whether previous disciplinary action prevents licensure by endorsement or specialty licensure of an applicant to practice veterinary medicine, and the board may discipline the licensee at the time of licensure as a result of the previous disciplinary action. F. Any veterinary faculty member who is employed by a veterinary college that is accredited by the American veterinary medical association, if applicable, is subject to the requirements under the veterinary faculty member license. 32-2216. Issuance of temporary permits; emergency temporary permits; definition A. The board may issue temporary permits to veterinary license applicants and to veterinarians who are licensed in other states and who enter this state to provide voluntary services during a state of emergency as declared by the governor or the board of supervisors of the county in which the board of supervisors has declared a local emergency pursuant to section 26-311. Except for applicants who are veterinary faculty members who have graduated from a veterinary college, applicants for all temporary permits must be graduates of an American veterinary medical association accredited veterinary college or holders of a certificate from the educational commission for foreign veterinary graduates or from a program for the assessment of veterinary education at the time of application. B. The temporary permit issued under this section entitles a veterinary license applicant to engage in the active practice of veterinary medicine in this state as an employee of a licensed veterinarian, this state or any county or municipality in this state. The applicant is eligible for the next examination, if the applicant has not violated any provision of this chapter. An applicant working under the direct and personal instruction, control or supervision of a licensed veterinarian and whose compensation is paid by the veterinarian may perform those acts of animal health care assigned by the veterinarian having responsibility for the care of the animal. The temporary permit described in this subsection expires twenty days after the examination. If the applicant fails for good and sufficient reason to take the examination, the board, by majority consent, 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. The temporary permit may be extended only one time. For the purposes of this subsection, "direct and personal instruction, control or supervision" means that a veterinarian who is licensed by the board is physically present and personally supervising a temporary permittee when the permittee is practicing acts of veterinary medicine except if the permittee is at a temporary site for the purpose of delivering services to large animals or if the permittee is administering emergency services not during regular office hours. In these cases, phone 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 and the temporary permit described in subsection B of this section is immediately void. D. An emergency temporary permit that is issued to an individual who is a veterinarian licensed in good standing in another state entitles the individual to provide voluntary veterinary care during a state of emergency or local emergency for the sole purpose of assisting in care related to that emergency. The emergency temporary permit expires ninety days after the date of issuance or at the end of the state of emergency or local emergency, whichever occurs first. An applicant for an emergency temporary permit shall submit a complete application, including information regarding veterinary licensure in any other state and verification that the statutes and rules pertaining to the board have been reviewed. The board shall verify whether the veterinarian is licensed in the state or states indicated and confirm the applicant's good standing. The applicant is not required to pass the state veterinary examination. A veterinarian who is issued an emergency temporary permit under this section shall practice in accordance with all laws and rules related to the practice of veterinary medicine in this state. The board may investigate any alleged violation by a holder of an emergency temporary permit and take disciplinary action as prescribed in this chapter. A veterinarian granted an emergency temporary permit under this section is a licensed, certified or authorized emergency responder pursuant to section 49-133 and an emergency worker as defined in section 26-301. E. For the purposes of this section, "emergency temporary permit" means a temporary permit that is issued to a veterinarian who is licensed in another state and who enters this state to provide voluntary services during a state of emergency as declared by the governor or a local emergency declared by a county board of supervisors pursuant to section 26-311. 32-2217. Employees of the state or political subdivisions; licensure The board shall issue a license to any person who is not licensed by examination to practice veterinary medicine in this state and who is employed as a veterinarian by this state or any political subdivision. An applicant for a license under the terms of this section shall apply in writing to the board as required by section 32-2213 and shall meet the qualifications prescribed by section 32-2215 with the exception of section 32-2215, subsection A, paragraph 2. 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 authorized by the board, and acts of practice may not be performed for any person or firm other than this state or the political subdivision employing the licensee. The licensee is subject to the rules of the board and this chapter relating to unprofessional or dishonorable conduct. 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. The fee for issuance of the license shall be $5 in even-numbered years and $10 in odd-numbered years, and the biennial renewal fee shall be $10. The license shall be revoked on termination of employment of the licensee. 32-2217.01. Issuance of permit to nonresident A. The board 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 authorizing such extended practice in this state. B. Application for a permit shall be made upon a form provided by the board. 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 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 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. 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. 32-2218. License renewal and reinstatement A. Except as provided in subsection D of this section or section 32-4301, a license issued under this chapter remains in effect until December 31 of every even-numbered year unless it is suspended or revoked. Except as provided in section 32-4301, 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 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 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 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. 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. D. A veterinary faculty member license issued under this chapter remains in effect until December 31 of every even-numbered year unless it is suspended or revoked or unless the licensee is no longer employed by the veterinary college. If the licensee is no longer employed by the veterinary college, the license expires on the date of the separation of employment. 32-2219. Fees; veterinary licenses; veterinary faculty member licenses A. Every original application for a veterinary license or a veterinary faculty member license shall be accompanied by an examination fee of not more than four hundred dollars. B. For every issuance of a veterinary license or a veterinary faculty member license there shall be collected a fee of not more than one hundred dollars in even-numbered years and two hundred dollars in odd-numbered years. C. For every renewal of a veterinary license or a veterinary faculty member license there shall be collected a fee of not more than four hundred dollars. D. Every request for a temporary permit shall be accompanied by a fee of seventy-five dollars. E. For every issuance of a duplicate license, there shall be collected a fee of not more than twenty-five dollars. F. No fee shall be returned to an applicant. 32-2231. 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 the person or any other at the person's request claims, announces, makes known or pretends 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 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 in the employ of and under the direction, supervision and control of a licensed veterinarian or a licensed veterinary faculty member. 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. (c) The equine dental practitioner provides both of the following to the board: (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 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 veterinarian and the certified equine dental practitioner maintain dental charts for procedures done pursuant to this paragraph. 4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the student's educational experience if both of the following apply: (a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care. (b) The student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member. 5. An acupuncturist who is treating an animal pursuant to section 32-3928 and who is in compliance with all of the following: (a) Is nationally certified by the American board of animal acupuncture or the national certification commission for acupuncture and oriental medicine to treat animals. (b) Provides proof of current certification in animal acupuncture to the acupuncture board of examiners. (c) Has received a referral for acupuncture treatment from a licensed veterinarian who has diagnosed the animal. (d) Maintains records on every animal and provides the records to the treating veterinarian on request. (e) Maintains adequate insurance to specifically cover any injuries to the animal, the animal's owner or staff members working on the animal. (f) If the acupuncturist is not providing the treatment in a licensed veterinary premises that is operated by a licensed veterinarian, complies with all of the following: (i) The animal is not treated in the same area as human patients. (ii) The premises has secured areas to contain animals safely during any treatment. (iii) The staff is trained to properly hold any animal being treated. (iv) Protocols are in place to handle emergency situations that may arise with the animal that is being treated. (v) Sanitation protocols are in place to ensure human and animal safety. (vi) Any rules adopted by the acupuncture board of examiners. (g) Assesses and treats the animal consistent with the licensed acupuncturist's training and, on request, communicates the findings, treatment and results to the treating licensed veterinarian in a timely manner. On request, the treating licensed veterinarian shall provide the treating acupuncturist with all medical information that may assist in the treatment of the animal. (h) Is solely liable for the acupuncture treatment provided to the animal that is also under the care of a licensed veterinarian. 6. A rabies vaccinator who is certified pursuant to section 32-2240.02. C. Notwithstanding subsection B, paragraph 3 of this section, 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. 32-2232. 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 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. 13. Fraud or misrepresentation in procuring a license. 14. Knowingly signing a false affidavit. 15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes. 16. Violation of or failure to comply with any state or federal laws or regulations relating to the storing, labeling, prescribing or dispensing of controlled substances or prescription-only drugs as defined in section 32-1901. 17. Offering, delivering, receiving or accepting any rebate, refund, commission, preference, patronage, dividend, discount or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring animals or services to any person. 18. Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions of this chapter, a rule adopted by the board or a written order of the board. 19. Failing to dispense drugs and devices in compliance with article 7 of this chapter. 20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided. 21. Failure to maintain adequate records of veterinary services provided. 22. Medical incompetence in the practice of veterinary medicine. 23. Cruelty to or neglect of animals. For the purposes of this paragraph, "cruelty to or neglect of animals" means knowingly or negligently torturing, beating or mutilating an animal, killing an animal in an inhumane manner or depriving an animal of necessary food, water or shelter. 24. Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist. 25. Performing veterinary services without having a valid veterinarian client patient relationship. 26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship. 32-2233. Revocation or suspension of license or permit; civil penalty; report of perjury A. The board, by majority consent, may revoke or suspend a permit or license granted to any person under this chapter or may impose a civil penalty of not to exceed one thousand dollars 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 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 any of the following: 1. Failure to timely renew the veterinary license or the premises license while continuing to practice veterinary medicine or conducting business from that premises. 2. Failure to notify the board in writing within twenty days of any change in residence, practice, ownership, management or responsible veterinarian. 3. Minor records violations that are routine entries into a medical record and that do not affect the diagnosis or care of the animal. C. The civil penalties collected pursuant to this chapter shall be deposited in the state general fund. D. The board may report to the proper legal authorities for perjury anyone it suspects of giving deliberate, fraudulent testimony whether the testimony is given personally, telephonically or in writing. 32-2234. Informal and formal hearings; censure or probation; notice; consent agreements; rehearing; judicial review A. If the board 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 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 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 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. Notwithstanding subsection A of this section, the board may require a veterinarian or certified veterinary technician under investigation to be interviewed by the board or its representatives. The board may require a licensee or certificate holder who is under investigation pursuant to subsection A of this section to undergo at the licensee's or certificate holder's expense any combination of medical, physical or mental examinations that the board finds necessary to determine the veterinarian's or the certified veterinary technician's condition. C. On receipt of an allegation of drug or alcohol abuse, the board or the executive director acting with the approval of both a veterinarian member and a public member of the board may require a licensee or certificate holder who is under investigation pursuant to subsection A of this section to undergo, at the licensee's or certificate holder's expense, testing or examination to detect the presence of alcohol or other drugs. D. If, as a result of information ascertained during an investigation, informal interview or formal hearing of a veterinarian, the board has concern for the veterinarian's conduct but has not found the veterinarian's conduct in violation of section 32-2232, the board in its discretion 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 to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment. E. Notwithstanding subsection A of this section, the board may enter into a consent agreement with a veterinarian either before or after conducting an informal interview. Pursuant to a consent agreement, the board 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. F. If the board finds, based on information it receives pursuant to this section, 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 a license pending proceedings for revocation or other action. If the board orders a summary suspension, the board 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 or an administrative law judge within sixty days pursuant to title 41, chapter 6, article 10. G. Before a permit or license may be revoked or suspended for any cause provided by section 32-2233, other than by terms of probation, the board must serve notice and conduct a hearing in the manner prescribed by title 41, chapter 6, article 10. H. 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 may also grant a rehearing on its own motion, if it finds newly discovered evidence or any other reason justifying a reconsideration of the matter. I. Except as provided in section 41-1092.08, subsection H, any party aggrieved by a final order or decision of the board may appeal to the superior court pursuant to title 12, chapter 7, article 6. J. If the state veterinary medical examining board acts to modify any veterinarian's prescription writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification. K. All notices that the board is 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 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 files. L. The board 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. 32-2235. Complaints A. Any person may file a complaint against a licensee for a violation of this chapter. Except as provided in subsection C, complaints shall be submitted in proper form and signed by the complainant. Each complaint shall be turned over to an appointed staff investigator who shall compile the written complaint and the written response and may verify statements and any evidence submitted by the complainant and the respondent. B. If after completion of this preliminary investigation the staff investigator believes that there would not be a violation of this chapter if the allegations were proven to be true or if the complaint does not fall under the jurisdiction of the board, the board shall review the written information and investigative report at a scheduled board meeting at which time the board may dismiss the complaint or proceed as otherwise authorized. C. A complaint may be anonymous if it is regarding either of the following: 1. Substance abuse by a veterinarian or certified veterinary technician. 2. A person committing the unlicensed practice of veterinary medicine. D. The board, on its own initiative and based on information from any source, may investigate any alleged violation of this chapter.