1     
VETERINARIAN REGULATIONS AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
House Sponsor: Joel Ferry

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies that a licensed veterinarian is not prohibited from discussing the effect
10     of cannabis on an animal with the animal's owner.
11     Highlighted Provisions:
12          This bill:
13          ▸     clarifies that a licensed veterinarian is not prohibited from discussing the effect of
14     cannabis on an animal with the animal's owner; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          58-28-502, as last amended by Laws of Utah 2020, Chapter 435
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-28-502 is amended to read:
26          58-28-502. Unprofessional conduct.
27          (1) "Unprofessional conduct" includes, in addition to the definitions in Section
28     58-1-501:
29          (a) applying unsanitary methods or procedures in the treatment of any animal, contrary

30     to rules adopted by the board and approved by the division;
31          (b) procuring any fee or recompense on the assurance that a manifestly incurable
32     diseased condition of the body of an animal can be permanently cured;
33          (c) selling any biologics containing living or dead organisms or products or such
34     organisms, except in a manner which will prevent indiscriminate use of such biologics;
35          (d) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
36     practice of veterinary medicine, surgery, or dentistry;
37          (e) willful failure to report any dangerous, infectious, or contagious disease, as required
38     by law;
39          (f) willful failure to report the results of any medical tests, as required by law, or rule
40     adopted pursuant to law;
41          (g) violating Chapter 37, Utah Controlled Substances Act;
42          (h) delegating tasks to unlicensed assistive personnel in violation of standards of the
43     profession and in violation of Subsection (2); and
44          (i) making any unsubstantiated claim of superiority in training or skill as a veterinarian
45     in the performance of professional services.
46          (2) (a) "Unprofessional conduct" does not include the following:
47          (i) delegating to a veterinary technologist, while under the indirect supervision of a
48     veterinarian licensed under this chapter, patient care and treatment that requires a technical
49     understanding of veterinary medicine if written or oral instructions are provided to the
50     technologist by the veterinarian;
51          (ii) delegating to a state certified veterinary technician, while under the direct or
52     indirect supervision of a veterinarian licensed under this chapter, patient care and treatment that
53     requires a technical understanding of veterinary medicine if the veterinarian provides written or
54     oral instructions to the state certified veterinary technician;
55          (iii) delegating to a veterinary technician, while under the direct supervision of a
56     veterinarian licensed under this chapter, patient care and treatment that requires a technical
57     understanding of veterinary medicine if written or oral instructions are provided to the

58     technician by the veterinarian;
59          (iv) delegating to a veterinary assistant, under the immediate supervision of a licensed
60     veterinarian, tasks that are consistent with the standards and ethics of the profession; [and]
61          (v) delegating to an individual described in Subsection 58-28-307(16), under the direct
62     supervision of a licensed veterinarian, the administration of a sedative drug for teeth floating[.];
63     or
64          (vi) discussing the effects of the following on an animal with the owner of an animal:
65          (A) a cannabinoid or industrial hemp product, as those terms are defined in Section
66     4-41-102; or
67          (B) THC or medical cannabis, as those terms are defined in Section 26-61a-102.
68          (b) The delegation of tasks permitted under [Subsection (2)(a)] Subsections (2)(a)(i)
69     through (v) does not include:
70          (i) diagnosing;
71          (ii) prognosing;
72          (iii) surgery; or
73          (iv) prescribing drugs, medicines, or appliances.
74          (3) Notwithstanding any provision of this section, a veterinarian licensed under this
75     chapter is not prohibited from engaging in a discussion described in Subsection (2)(a)(vi).