justice courts; actions against veterinarians

SB1104 - 572R - I Ver

PREFILED��� JAN 08 2026

REFERENCE TITLE:
justice courts; actions against veterinarians

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1104

Introduced by

Senator
Kavanagh

AN
ACT

amending title 22, chapter 2, article 2,
Arizona Revised Statutes, by adding section 22-213; amending title 22,
chapter 5, article 2, Arizona Revised Statutes, by adding section 22-526;
relating to justice courts.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 22, chapter 2, article 2,
Arizona Revised Statutes, is amended by adding section 22-213, to read:

START_STATUTE
22-213.

Actions against veterinarians; evidence; expert witness
affidavit; definition

A. The following apply to a civil
action against a veterinarian for the death of or an injury to an animal in the
veterinarian's care:

1. On request of either party, the
following information shall be admitted into evidence:

(
a
) Any records
and reports that are made by the Arizona state veterinary medical examining
board or an investigator for the Arizona state veterinary medical examining
board during an investigation of the animal's death or injury.

(
b
) Any
findings or orders that are adopted by the Arizona state veterinary medical
examining board following an investigation and hearing on the animal's death or
injury.

2. Any of the items listed in
paragraph 1 of this subsection may be used in lieu of an expert witness
affidavit in the civil action.

3. Any damages that are awarded
against the veterinarian may include all reasonable medical expenses that the
plaintiff paid to treat the animal's injuries that resulted from the
veterinarian's treatment of the animal, including expenses that were paid to a
different veterinarian.

b. For the purposes of this section,
"veterinarian" includes a licensed veterinarian as defined in section
32-2201, a certified veterinary technician as defined in section 32-2201
and a licensed veterinary faculty member as defined in section 32-2201.

END_STATUTE

Sec. 2. Title 22, chapter 5, article 2, Arizona
Revised Statutes, is amended by adding section 22-526, to read:

START_STATUTE
22-526.

Actions against veterinarians; evidence; expert witness
affidavit; damages; justice court transfer; definition

A. The following apply to a small
claims action against a veterinarian for the death of or an injury to an animal
in the veterinarian's care:

1. On request of either party, the
following information shall be admitted into evidence:

(
a
) Any records
and reports that are made by the Arizona state veterinary medical examining
board or an investigator for the board during an investigation of the animal's
death or injury.

(
b
) Any
findings or orders that are adopted by the Arizona state veterinary medical
examining board following an investigation and hearing on the animal's death or
injury.

2. Any of the items listed in
paragraph 1 of this subsection may be used in lieu of an expert witness
affidavit in the civil action.

3. Any damages that are awarded
against the veterinarian may include all reasonable medical expenses that the
plaintiff paid to treat the animal's injuries that resulted from the
veterinarian's treatment of the animal, including EXPENSES that were paid to a
different veterinarian.

B. If the veterinarian requests that
the small claims action be transferred to the justice court, the evidence
listed in subsection A, paragraph 1 of this section shall be transferred and be
admitted into evidence in any hearing or trial that is held in the justice
court.

C. For the purposes of this section,
"veterinarian" includes a licensed veterinarian as defined in section
32-2201, a certified veterinary technician as defined in section 32-2201
and a licensed veterinary faculty member as defined in section 32-2201.
END_STATUTE