Bill Text: AZ SB1401 | 2023 | Fifty-sixth Legislature 1st Regular | Chaptered
Bill Title: Animal acupuncture; certification; requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-06-05 - Chapter 164 [SB1401 Detail]
Download: Arizona-2023-SB1401-Chaptered.html
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Senate Engrossed
technical correction; malpractice claim review (now: animal acupuncture; certification; requirements) |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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CHAPTER 164
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SENATE BILL 1401 |
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An Act
amending section 32-2231, Arizona Revised Statutes; amending title 32, chapter 39, article 2, Arizona Revised Statutes, by adding section 32-3928; relating to animal acupuncture.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2231, Arizona Revised Statutes, is amended to read:
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 himself the person or any other at his 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.
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.
Sec. 2. Title 32, chapter 39, article 2, Arizona Revised Statutes, is amended by adding section 32-3928, to read:
32-3928. Treating animals; certification; requirements; definition
A. An acupuncturist may apply for certification by the board to treat animals if the acupuncturist is nationally certified by the American board of animal acupuncture or the national certification commission for acupuncture and oriental medicine to treat animals. The board may prescribe the procedure for applying for certification and the certification fee. An acupuncturist who receives certification to treat animals may apply all appropriate modalities prescribed in this chapter and the rules adopted pursuant to this chapter in treating animals.
B. An acupuncturist who is certified by the board to treat animals may treat an animal pursuant to section 32-2231.
C. The board shall adjudicate complaints arising from acupuncture treatment on animals and shall consult a licensed veterinarian as a subject matter expert on animal health.
D. For the purposes of this section, "licensed veterinarian" has the same meaning prescribed in section 32-2201.
APPROVED BY THE GOVERNOR JUNE 5, 2023.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2023.
