Arizona Boards - Law Flashcards
Gross negligence vs negligence
Gross negligence: resulting in injury, unnecessary suffering or death caused by carelessness, negligence, or the disregard of principles or practices
Negligence: fail to exercise reasonable care
Gross negligence vs malpractice, incompetence, and negligence (pick correct definition)
Gross negligence: resulting in injury,
unnecessary suffering or death caused by carelessness, negligence, or disregard of principles
Malpractice: contrary to accepted practices and with injurious results
Incompetence: misconduct or unreasonable lack of skill
Negligence: fail to exercise reasonable care
Responsible veterinarian
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 the establishment of policy at such premises
Total # of board members?
Vets? Laypersons?
9 board members 5 veterinarians (practiced for at least 5 years in AZ) 3 laypersons (2 general public, 1 livestock industry) 1 CVT (certified for at least 5 years in AZ)
Who appoints the board members?
governor
Mobile unit vs mobile clinic
Mobile unit: NOT designed to function as a self-contained clinic
Mobile clinic: designed to function as a self-contained clinic
Can a mobile unit perform a spay surgery?
NO
How many days do you have to provide written notice of change of address?
20 days
The fate of an applicant that has not submitted the license issuance fee within 12 months after the date of examination but has satisfied all other requirements?
the board shall DENY licensure
Primary duty of the board is to?
Protect ____ from unlawful, incompetent, unqualified, impaired or unprofessional
practitioners of veterinary medicine through licensure and regulation of the profession in the state.
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 the state.
Powers and duties of the board include:
- Administering and enforcing this chapter and board rules
- Regulating disciplinary actions, licenses and certificates and the rehabilitation of licensees and certificate holders
- forms, content, and manner of application and setting deadlines for the receipt of material required
- record keeping
- Adopting an official seal
- Investigating charges
- employing an executive director
- Adopting rules that relate to the qualifications and regulation of …
- Establishing by rule fees and penalties
- informing public about Office of the Ombudsman-Citizens Aide
Rules pursuant to title 41, chapter 6 that relate the qualifications and regulations of vet professions shall include:
- Minimum standards of veterinary practice
- public has access to licensing or certification status & resolved complaints
- public has opportunity to evaluate the services that the Board provides
Fees and penalties provided by the board include:
- Reproduction of documents
- Verification of information by another board
- Return of checks due to insufficient funds, an order to stop payment, or a closed account
- list of names of DVMs, CVTs, or premises licensed
What is the percentage needed to pass the state exam?
75%
Can the NAVLE and state scores be averaged to pass?
NOOO
Requirements for license by endorsement vs specialty license?
Endorsement:
- active license in one or more states
- practicing 3/5 previous years or 5/10
- Graduated from veterinary college
- State score of at least 75%.
- Pays $750 license fee
Specialty: - current certification (national specialty board or AVMA college) - practice is limited to certification State score of at least 75% - Pays $750 license fee
How many years of practice does one need in order to be eligible for license by endorsement?
3/5 last years or 6/10 years.
Board may issue temporary permits to applicants for a license who at the time of application
are ______ or who hold ______?
Board may issue temporary permits to applicants for a license who at the time of application
are ((graduates of an AVMA accredited university)) or who hold ((the Education Commission for
Foreign Veterinary Graduates certificate of a Program for the Assessment of Veterinary
Education equivalence certificate))
How long is a temporary permit valid?
Valid until the next exam (30 days)
How many temporary permits can be issued to one individual?
2
T/F
Temporary permit is void if employer terminates employment
true
Unprofessional or dishonorable conduct includes the following:
Fraudulent certificate or form dissemination/transportation of disease, or sale of inedible food products
violation of meat inspection procedures, willful neglect or misrepresentation
Misrepresentation of services rendered
Failure to report / negligent handling of epidemic diseases: anthrax, rabies, glanders, brucellosis, TB, FMD, hog cholera, etc.
Dispensing live virus vaccines to be administered by a layman w/o instructing
Connection any illegal practitioner
Chronic alcohol / drug use
Fraud or dishonesty in applying or reporting on any test or vaccination
False, deceptive, or misleading advertising
Conviction of a crime (moral) or felony
Malpractice, gross incompetence or negligence
Violation of ethics
Fraud or misrepresentation in procuring a license
Knowingly signing a false affidavit
Illegal distribution of drugs
Violation of or failure to comply …. to storing, labeling, prescribing, or dispensing of controlled subtances or prescription only drugs
… trying to benefit from …. referring animals or services
Violating/attempting/assisting/conspiracy to violate provisions, rules, or written order of the Board
Failing to dispense article 7 drugs and devices
Practicing w/o adequate equipment and sanitation
Failure to maintain adequate records
Medical incompetence
Cruelty or neglect of animals
Falsely calling yourself a specialist
Performing services w/o valid VCPR
Releasing, prescribing, or dispensing prescription drugs w/o valid VCPR
Can the board put you in jail?
NO
Terms of probation by the board are best adapted to ____ the ______ and ______ the _______.
Terms of probation by the board are best adapted to PROTECT the PUBLIC and REHABILITATE/EDUCATE the veterinatian
Terms of probation may include a temporary suspension of how long?
not to exceed 30 days, or restriction of license to practice
Summary suspension: Licensee is entitled to a formal hearing within ___ days?
60
Board can impose a civil penalty of how much?
not to exceed $1000 per violation
Can the board issue a decree of censure?
yes
All complaint files are kept for ______?
at least 10 years
Files for complaints with disciplinary action are kept for ________?
at least 25 years
T/F
The licensee can apply for a rehearing or review of a suspension or revocation of a license
true
T/F
A vet can continue to practice pending denial or granting of motion and pending the decision of the board.
true
When can you reapply after refusal to issue or renew a license? Which fees are included?
- Cannot reapply for 6 months
- Must pay the exam and license fee
Required info for examination qualifications?
-CV/resume
-Copy of diploma/official transcript
-Moral character references/letters
-Photo
-Proof of US citizenship or alien status
-Affidavit: application is accurate, true, and complete
-Affidavit: no complaint has been filed, or is pending, no investigation is pending, and no
disciplinary action has been taken or is pending
Sufficient reasons for failure to take state exam?
- Illness
- Disability
- Military service
- Any other circumstance demonstrated to be beyond control
How many hours of continuing education are required for licensees?
20 hours CE (over 2 years??)
Administrative rules: know standards of care under general anesthesia:
- Prior signed authorization, or witnessed verbal
- animal is examined, TPR , diagnosis and general condition recorded w/i 6 hours
- HR, RR immediately after giving general anesthetic, and at least q15 minutes
- continuously observed until extubated w/swallow
- Written anesthesia log: Signalment, Owner, Date, Recovery status, DVM
Know standards of practice: Administrative rules
pg 17-20
How long do you have to provide copies of records to an owner or vet providing medical services?
10 days
How long must you keep medical records?
3 years
What is required when administering a rabies vaccine for animal control or shelter?
- Owner name/address
- Animal description or color photograph
- Date of vaccination
- Manufacturer
- Serial number
- Date for revaccination
- Veterinarian’s signature
- Provide rabies vaccination record. Maintain 3 years
How can you provide the owner with notification that some prescription only drugs are available at a pharmacy?
- Stating availability
- Posting a written statement
- Providing written notification
What are the packaging requirements for drugs?
- Dispense 4 oz or less o/Rx only drug in childproof container
- Dispense CS in a childproof container
- more than 4oz of a bulk prescription only in a non-childproof container
- Rx only drug in original package
What are the labeling requirements for drugs?
- DVM - name, address, number
- Date dispensed
- Owner name and animal/herd’s id
- name, strength and quantity
- directions + cautionary statements
How many days does a licensee have to respond to a written notice of complaint?
15 days!
T/F A licensee can appear for an informal interview with or without counsel?
true
How many days does the board have to issue findings of fact, conclusions of law and Order of the board?
60 days from the date of conclusion of informal interview
Why may the board grant a rehearing or review of a decision?
- Proceedings irregularity, abuse of discretion led to unfair hearing
- Misconduct
- Accident or surprise
- Newly-discovered material evidence
- Excessive or insufficient penalties
- Error in admission or rejection of evidence or other
- Findings of fact or decision supported by evidence or are contrary to law
Cruelty to or Neglect of Animals
Knowingly or negligently torturing, beating, or mutilating an animal, killing in inhumane manner, or depriving animal of necessary food, water, shelter
Know AZ Revised Statuses: What is considered public record? This was tricky and I believe the answer has to do with the fact that the complaint was resolved vs pending.
all are public record except the ongoing investigation
What is the duty of veterinarian to report suspected dog fight
report to law enforcement within 48 hours
include: breed/desciption of animal, name/address of owner or person who sought exam/txt
provide vet records to local law enforcement on request
What has to be in a record when giving rabies vaccines at an SPCA/free clinic etc?
Owner name and address Animal description/photograph Date Manufacturer Serial # Date for revaccination DVM sign
T/F Non liability;
Any person licensed or certified pursuant to this chapter who gratuitously and in good faith
gives emergency treatment to a sick or injured animal at the scene of an emergency shall not be liable in damages to the owner of such animal in the absence of gross negligence
true
Can the Board perform an unannounced inspection of a premise?
yes??
T/F
The Board can serve a decision, order, etc via personal, mail, or attorney and the last address on record with the Board is considered adequate (they don’t have to come find you)
true
A fixed location where a veterinarian retains the records of a veterinary practice, stores
veterinary equipment, or offers veterinary services to the public
premise license
T/F An emergency facility needs to give copies of medical records to the owner on release of the animal
true
What are the components of a label when dispensing drugs?
- DVM - name, address, number
- Date
- Owners name and animal’s or herd’s identification
-The name, strength and quantity of the drug, directions for it’s use, and any cautionary
statements
How long to advise board of a change of responsible owner of a premise?
20 days
What temperature range is required for housed animals, except livestock?
65-90 degrees
What does it take for a mobile unit to become a mobile clinic?
fill out separate application
What is a vet tech allowed to do in an emergency
give drugs under vet permission
external cardiac massage
temporary external splint
or all of the above
How long to keep controlled substance records?
2 years
