Bill Text: AZ HB2181 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Animal crematories; licensure; funeral board
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-05-19 - Assigned to House RULES Committee [HB2181 Detail]
Download: Arizona-2020-HB2181-Introduced.html
PREFILED JAN 10 2020
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REFERENCE TITLE: animal crematories; licensure; funeral board |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2181 |
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Introduced by Representatives Blanc: Rodriguez
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AN ACT
amending sections 32‑1309 and 32-2201, Arizona Revised Statutes; providing for transferring and renumbering; amending section 32‑2240.01, Arizona Revised Statutes; repealing sections 32‑2293 and 32-2296, Arizona Revised Statutes; relating to animal crematories.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1309, Arizona Revised Statutes, is amended to read:
32-1309. Fees
A. The board shall establish and collect the following application fees:
1. For a funeral director license, eighty‑five dollars $85.
2. For an embalmer license, eighty‑five dollars $85.
3. For an embalmer's assistant registration, eighty‑five dollars $85.
4. For an intern license, eighty‑five dollars $85.
5. For a funeral director or embalmer license for a person who does not reside in this state, eighty‑five dollars $85.
6. For a prearranged funeral salesperson registration, eighty‑five dollars $85.
7. For a funeral establishment license:
(a) For a new establishment, new owner or new location, five hundred dollars $500.
(b) For a change of name, one hundred seventy‑five dollars $175.
8. For a prearranged funeral sales establishment endorsement, one hundred eighty‑five dollars $185.
9. For a crematory license:
(a) For a new crematory, new owner or new location, one hundred dollars $100 per retort.
(b) For a change of name, one hundred seventy‑five dollars $175.
10. For a cremationist license, eighty‑five dollars $85.
11. For an animal crematory license, an amount to be determined by the director.
B. The board shall establish and collect the following examination fees:
1. For the funeral director state laws and rules examination, eighty dollars $80.
2. For the embalmer state laws and rules examination, eighty dollars $80.
3. For the prearranged funeral salesperson state laws and rules examination, eighty dollars $80.
4. For the funeral service science section of the state equivalent examination, one hundred fifty dollars $150.
5. For the funeral service arts section of the state equivalent examination, one hundred fifty dollars $150.
C. The board shall establish and collect the following license and registration issuance fees:
1. For a funeral director license, eighty‑five dollars $85.
2. For an embalmer license, eighty‑five dollars $85.
3. For an embalmer's assistant registration, eighty‑five dollars $85.
4. For an intern license, eighty‑five dollars $85.
5. For a prearranged funeral salesperson registration, eighty‑five dollars $85.
6. For a cremationist license, eighty‑five dollars $85.
7. For an animal crematory license, an amount to be determined by the director.
D. The board shall establish and collect the following renewal fees:
1. For a funeral director license, eighty‑five dollars $85.
2. For an embalmer license, eighty‑five dollars $85.
3. For an embalmer's assistant registration, eighty‑five dollars $85.
4. For an intern license, eighty‑five dollars $85.
5. For an assistant funeral director registration, eighty‑five dollars $85.
6. For a prearranged funeral salesperson registration, eighty‑five dollars $85.
7. For an establishment license, four dollars $4 for each disposition performed by the establishment during the immediately preceding calendar year. For the purposes of this paragraph, a funeral establishment performs a disposition each time the establishment files a death certificate pursuant to section 36‑325.
8. For a prearranged funeral sales establishment endorsement, one hundred eighty‑five dollars $185.
9. For a crematory license, two hundred dollars $200 per retort.
10. For a cremationist license, eighty‑five dollars $85.
11. For an animal crematory license, an amount to be determined by the director.
E. The board shall establish and collect the following fees:
1. For a duplicate license or registration, twenty‑five dollars $25.
2. For a reexamination:
(a) For a state laws and rules examination, fifty dollars $50.
(b) For the funeral service science section or the funeral service arts section of the state equivalent examination, sixty‑five dollars $65.
3. For late renewal of a licensee or registration, thirty‑five dollars $35.
4. For late renewal of an establishment license or endorsement, sixty dollars $60.
5. For inactive licensure or registration, twenty‑five dollars $25.
6. For reinstatement of an inactive license, fifty dollars $50.
7. For reinstatement of an inactive registration, one hundred thirty dollars $130.
8. For an interim funeral establishment permit, twenty‑five dollars $25.
9. For filing an annual trust report, a fee of not more than two hundred dollars $200.
10. For filing a late or incomplete annual trust report, a penalty of not more than two hundred dollars $200.
F. The board may establish and collect a fee for intern trainees in an amount to be determined by the board.
Sec. 2. Section 32-2201, Arizona Revised Statutes, is amended to read:
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 federal 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 12, article 6.1 of this title 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 performing 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 treating 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 practicing 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 the establishment of 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 the completion of 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 doctoral degree in veterinary medicine from a veterinary college.
25. "Veterinarian client patient relationship" means all of the following:
(a) The veterinarian has assumed 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) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the animal's medical condition. Sufficient knowledge is obtained when the veterinarian has recently seen and is personally acquainted with the keeping and caring of the animal as a result of examining the animal, when the veterinarian makes medically appropriate and timely visits to the premises where the animal is kept or when a veterinarian affiliated with the practice has reviewed the medical record of such examinations or visits.
(c) The veterinarian is readily available for a follow‑up evaluation or the veterinarian 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 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 doctoral 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 the prescribing, administering or dispensing of drugs and medications for veterinary purposes.
30. "Veterinary student" means a student who is regularly enrolled in a veterinary college.
Sec. 3. Transfer and renumber
Title 32, chapter 21, article 8, Arizona Revised Statutes, is transferred and renumbered for placement in title 32, chapter 12, Arizona Revised Statutes, as article 6.1. The following sections are transferred and renumbered for placement in title 32, chapter 12, article 6.1:
Former Sections New Sections
32‑2291 32‑1399.01
32‑2292 32‑1399.02
32‑2294 32‑1399.03
32‑2295 32‑1399.04
Sec. 4. Section 32-2240.01, Arizona Revised Statutes, is amended to read:
32-2240.01. 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 an animal crematory licensed pursuant to article 8 of this chapter 12, article 6.1 of this title.
Sec. 5. Repeal
Sections 32-2293 and 32-2296, Arizona Revised Statutes, are repealed.
