<chapter number="58-28"><catchline>Veterinary Practice Act</catchline><part number="58-28-1"><catchline>General Provisions</catchline><section number="58-28-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Veterinary Practice Act."
</section><section number="58-28-102"><histories><history>Amended by Chapter <modchap sess="2024GS">125</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>In addition to the definitions in Section <xref depth="3" refnumber="58-1-102">58-1-102</xref>, as used in this chapter:<subsection number="58-28-102(1)">"Abandonment" means to forsake entirely or to refuse to provide care and support for an animal placed in the custody of a licensed veterinarian.</subsection><subsection number="58-28-102(2)">"Administer" means:<subsection number="58-28-102(2)(a)">the direct application by an individual of a prescription drug or device by injection, inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a research subject; or</subsection><subsection number="58-28-102(2)(b)">a veterinarian providing to the owner or caretaker of an animal a prescription drug for application by injection, inhalation, ingestion, or any other means to the body of the animal by the owner or caretaker in accordance with the veterinarian's written directions.</subsection></subsection><subsection number="58-28-102(3)">"Animal" means any animal other than a human.</subsection><subsection number="58-28-102(4)">"AVMA" means American Veterinary Medical Association.</subsection><subsection number="58-28-102(5)">"Board" means the Veterinary Board established in Section <xref depth="3" refnumber="58-28-201">58-28-201</xref>.</subsection><subsection number="58-28-102(6)">"Client" means the patient's owner, the owner's agent, or other person responsible for the patient.</subsection><subsection number="58-28-102(7)">"Direct supervision" means a veterinarian is present and available for face-to-face contact with the patient and individual being supervised, at the time the patient is receiving veterinary care.</subsection><subsection number="58-28-102(8)">"Extra-label use" means actual use or intended use of a drug in an animal in a manner that is not in accordance with approved labeling.</subsection><subsection number="58-28-102(9)">"Immediate supervision" means the veterinarian is present with the individual being supervised, while the individual is performing the delegated tasks.</subsection><subsection number="58-28-102(10)">"Indirect supervision" means a veterinarian:<subsection number="58-28-102(10)(a)">has given either written or verbal instructions for veterinary care of a patient to the individual being supervised; and</subsection><subsection number="58-28-102(10)(b)">is available to the individual being supervised by telephone or other electronic means of communication during the period of time in which the veterinary care is given to the patient.</subsection></subsection><subsection number="58-28-102(11)">"Practice of veterinary medicine, surgery, and dentistry" means to:<subsection number="58-28-102(11)(a)">diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or physical condition of any animal;</subsection><subsection number="58-28-102(11)(b)">administer, prescribe or dispense any drug, medicine, treatment, method, or practice, perform any operation or manipulation, apply any apparatus or appliance for the cure, relief, or correction of any animal disease, deformity, defect, wound, or injury, or otherwise practice any veterinary medicine, dentistry, or surgery on any animal;</subsection><subsection number="58-28-102(11)(c)">represent by verbal or written claim, sign, word, title, letterhead, card, or any other manner that one is a licensed veterinarian or qualified to practice veterinary medicine, surgery, or dentistry;</subsection><subsection number="58-28-102(11)(d)">hold oneself out as able to practice veterinary medicine, surgery, or dentistry;</subsection><subsection number="58-28-102(11)(e)">solicit, sell, or furnish any parenterally administered animal disease cures, preventions, or treatments, with or without the necessary instruments for the  administration of them, or any and all worm and other internal parasitic remedies, upon any agreement, express or implied, to administer these cures, preventions, treatments, or remedies; or</subsection><subsection number="58-28-102(11)(f)">assume or use the title or designation, "veterinary," "veterinarian," "animal doctor," "animal surgeon," or any other title, designation, words, letters, abbreviations, sign, card, or device tending to indicate that such individual is qualified to practice veterinary medicine, surgery, or dentistry.</subsection></subsection><subsection number="58-28-102(12)">"Practice of veterinary technology" means to perform tasks that are:<subsection number="58-28-102(12)(a)">related to the care and treatment of animals;</subsection><subsection number="58-28-102(12)(b)">delegated by a veterinarian;</subsection><subsection number="58-28-102(12)(c)">performed under the direct or indirect supervision of a veterinarian; and</subsection><subsection number="58-28-102(12)(d)">permitted by administrative rule and performed in accordance with the standards of the profession.</subsection></subsection><subsection number="58-28-102(13)"><subsection number="58-28-102(13)(a)">"State certification" means a designation granted by the division on behalf of the state to an individual who has met the requirements for state certification as a veterinary technician related to the practice of veterinary technology.</subsection><subsection number="58-28-102(13)(b)">"State certification" does not grant a state certified veterinary technician the exclusive right to practice veterinary technology.</subsection></subsection><subsection number="58-28-102(14)">"State certified" means, when used in conjunction with the occupation of veterinary technician, a title that:<subsection number="58-28-102(14)(a)">may be used by an individual who has met state certification requirements related to the occupation of veterinary technician as described in this chapter; and</subsection><subsection number="58-28-102(14)(b)">may not be used by an individual who has not met the state certification requirements related to the occupation of veterinary technician as described in this chapter.</subsection></subsection><subsection number="58-28-102(15)"><subsection number="58-28-102(15)(a)">"Teeth floating" means the removal of enamel points and the smoothing, contouring, and leveling of dental arcades and incisors of equine and other farm animals.</subsection><subsection number="58-28-102(15)(b)">"Teeth floating" does not include a dental procedure on a canine or feline.</subsection></subsection><subsection number="58-28-102(16)">"Unlawful conduct" is defined in Sections <xref depth="3" refnumber="58-1-501">58-1-501</xref> and <xref depth="3" refnumber="58-28-501">58-28-501</xref>.</subsection><subsection number="58-28-102(17)">"Unlicensed assistive personnel":<subsection number="58-28-102(17)(a)">means any unlicensed individual, regardless of title, to whom tasks are delegated by a veterinarian as permitted by administrative rule and in accordance with the standards of the profession; and</subsection><subsection number="58-28-102(17)(b)">includes:<subsection number="58-28-102(17)(b)(i)">a veterinary assistant, if working under immediate supervision;</subsection><subsection number="58-28-102(17)(b)(ii)">a state certified veterinary technician;</subsection><subsection number="58-28-102(17)(b)(iii)">a veterinary technician who:<subsection number="58-28-102(17)(b)(iii)(A)">has graduated from a program of veterinary technology accredited by the AVMA that is at least a two-year program; and</subsection><subsection number="58-28-102(17)(b)(iii)(B)">is working under direct supervision or indirect supervision; and</subsection></subsection><subsection number="58-28-102(17)(b)(iv)">a veterinary technologist who:<subsection number="58-28-102(17)(b)(iv)(A)">has graduated from a four-year program of veterinary technology accredited by the AVMA; and</subsection><subsection number="58-28-102(17)(b)(iv)(B)">is working under indirect supervision.</subsection></subsection></subsection></subsection><subsection number="58-28-102(18)">"Unprofessional conduct" is as defined in Sections <xref depth="3" refnumber="58-1-501">58-1-501</xref> and <xref depth="3" refnumber="58-28-502">58-28-502</xref> and may be further defined by rule.</subsection><subsection number="58-28-102(19)">"Veterinarian" means an individual licensed under this chapter to engage in the practice of veterinary medicine, surgery, and dentistry.</subsection><subsection number="58-28-102(20)">"Veterinarian-client-patient relationship" means:<subsection number="58-28-102(20)(a)">a veterinarian has assumed responsibility for making clinical judgements regarding the health of an animal and the need for medical treatment of an animal, and the client has agreed to follow the veterinarian's instructions;</subsection><subsection number="58-28-102(20)(b)">the veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, including knowledge of the keeping and care of the animal as a result of recent personal examination of the animal or by medically appropriate visits to the premises where the animal is housed; and</subsection><subsection number="58-28-102(20)(c)">the veterinarian has arranged for emergency coverage for follow-up evaluation in the event of adverse reaction or the failure of the treatment regimen.</subsection></subsection></section><section number="58-28-103"><histories><history>Enacted by Chapter <modchap sess="2020GS">435</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Rulemaking.</catchline><tab/>When exercising rulemaking authority under this chapter, the division shall comply with the requirements of <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</section></part><part number="58-28-2"><catchline>Board</catchline><section number="58-28-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Veterinary Board created -- Duties.</catchline><subsection number="58-28-201(1)">
There is created a Veterinary Board consisting of four veterinarians who have practiced in the state for not less than five years and one member of the general public.</subsection><subsection number="58-28-201(2)">
The board shall be appointed and serve in accordance with the provisions of Section <xref depth="3" refid="C58-1-S201_1800010118000101" refnumber="58-1-201" start="0">58-1-201</xref>.</subsection><subsection number="58-28-201(3)">
The duties and responsibilities of the board shall be in accordance with Sections <xref depth="3" refid="C58-1-S202_1800010118000101" refnumber="58-1-202" start="0">58-1-202</xref> and <xref depth="3" refid="C58-1-S203_1800010118000101" refnumber="58-1-203" start="0">58-1-203</xref>.</subsection><subsection number="58-28-201(4)"><subsection number="58-28-201(4)(a)">
The board shall designate one of its members to assist and advise the division with reviewing complaints concerning unlawful or unprofessional conduct under this chapter.</subsection><subsection number="58-28-201(4)(b)">
A board member shall be recused from any adjudicative proceeding held by the board concerning a complaint for which the board member advised the division under Subsection <xref depth="4" refid="C58-28-S201_1800010118000101" refnumber="58-28-201(4)(a)" start="0">(4)(a)</xref>.</subsection></subsection></section></part><part number="58-28-3"><catchline>Licensing</catchline><section number="58-28-301"><histories><history>Amended by Chapter <modchap sess="2020GS">339</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Licensure required.</catchline><subsection number="58-28-301(1)"><subsection number="58-28-301(1)(a)">
A license is required to engage in the practice of veterinary medicine, except as specifically provided in Sections <xref depth="3" refnumber="58-1-307" start="0">58-1-307</xref> and <xref depth="3" refnumber="58-28-307" start="0">58-28-307</xref>.</subsection><subsection number="58-28-301(1)(b)">
Notwithstanding the provisions of Subsection <xref depth="4" refnumber="58-1-307(1)(c)" start="0">58-1-307(1)(c)</xref> an individual shall be licensed under this chapter as a veterinary intern in order to engage in a program of indirectly supervised clinical training with a veterinarian licensed under this chapter, and as necessary to meet licensing requirements under Subsection <xref depth="4" refnumber="58-28-302(1)(c)" start="0">58-28-302(1)(c)</xref>.</subsection></subsection><subsection number="58-28-301(2)">
The division shall issue to a person who qualifies under this chapter a license in the classification of:
<subsection number="58-28-301(2)(a)">
veterinarian; or</subsection><subsection number="58-28-301(2)(b)">
veterinarian intern.</subsection></subsection></section><section number="58-28-302"><histories><history>Amended by Chapter <modchap sess="2026GS">144</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>License qualifications.</catchline><subsection number="58-28-302(1)">Every applicant for a license to practice veterinary medicine, surgery, and dentistry shall:<subsection number="58-28-302(1)(a)">pass an examination approved by the board on the theory and practice of the science of veterinary medicine, surgery, dentistry, and other subjects determined by the board, knowledge of which is generally required of veterinarians;</subsection><subsection number="58-28-302(1)(b)"><subsection number="58-28-302(1)(b)(i)">graduate from a veterinary college accredited by the AVMA; or</subsection><subsection number="58-28-302(1)(b)(ii)">obtain a certificate issued by the Educational Commission for Foreign Veterinary Graduates issued by the AVMA;</subsection></subsection><subsection number="58-28-302(1)(c)"><subsection number="58-28-302(1)(c)(i)">have practiced under the supervision of a veterinarian licensed to practice in this state for at least 1,000 hours;</subsection><subsection number="58-28-302(1)(c)(ii)">have participated in veterinary investigational, educational, or sanitary control work of a nature and duration as to be the equivalent of the experience of Subsection <xref depth="4" refnumber="58-28-302(1)(c)(i)" start="0">(1)(c)(i)</xref>;</subsection><subsection number="58-28-302(1)(c)(iii)">have practiced as a licensed veterinarian outside Utah for at least 1,000 hours; or</subsection><subsection number="58-28-302(1)(c)(iv)">have practiced as a veterinarian while employed by the United States government, its agencies, or the state or its political subdivisions for at least 1,000 hours; and</subsection></subsection><subsection number="58-28-302(1)(d)">pay a fee to the Department of Commerce determined in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref> for the examination, for an initial license, and for a renewal license.</subsection></subsection><subsection number="58-28-302(2)"><subsection number="58-28-302(2)(a)">An applicant for licensure as a veterinary intern shall comply with the provisions of Subsection <xref depth="4" refnumber="58-28-302(1)(b)" start="0">(1)(b)</xref>.</subsection><subsection number="58-28-302(2)(b)">An applicant's license as a veterinary intern is limited to the period of time necessary to complete clinical training as described in Subsection <xref depth="4" refnumber="58-28-302(1)(c)" start="0">(1)(c)</xref> and extends not more than one year from the date the minimum requirement for training is completed, unless the individual presents satisfactory evidence to the division and the board that the individual is making reasonable progress toward passing the qualifying examination or is otherwise on a course reasonably expected to lead to licensure as a veterinarian, but the period of time under this Subsection <xref depth="4" refnumber="58-28-302(2)(b)" start="0">(2)(b)</xref> may not exceed two years past the date the minimum supervised clinical training has been completed.</subsection></subsection></section><section number="58-28-303"><histories><history>Renumbered and Amended by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>License -- Display -- Revocation for nondisplay or nonrenewal.</catchline><tab/>A licensed veterinarian shall display the veterinarian's license in a conspicuous place in the veterinarian's principal place of business.  The division may revoke any license which is not displayed in accordance with this section.
</section><section number="58-28-304"><histories><history>Amended by Chapter <modchap sess="2022GS">415</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Temporary license -- License reciprocity.</catchline><subsection number="58-28-304(1)">
The division may issue a temporary license to practice veterinary medicine, surgery, and dentistry to any person not qualified for licensure under Section <xref depth="3" refnumber="58-1-302" start="0">58-1-302</xref> who meets all requirements of Section <xref depth="3" refnumber="58-28-302" start="0">58-28-302</xref> with the exception of Subsections <xref depth="4" refnumber="58-28-302(1)(a)" start="0">58-28-302(1)(a)</xref> and <xref depth="4" refnumber="58-28-302(1)(c)" start="0">(c)</xref>, except that the temporary license shall by its terms expire at the date examination results are available for the examination next following the date of the issuance of the temporary license.</subsection><subsection number="58-28-304(2)">
The temporary license shall permit the holder to practice under the indirect supervision of a veterinarian licensed to practice in this state.</subsection><subsection number="58-28-304(3)">
The division may extend the expiration date of the temporary license until the following examination date if:
<subsection number="58-28-304(3)(a)">
the applicant shows to the board good cause for failing to take or pass the examination; and</subsection><subsection number="58-28-304(3)(b)">
the majority of the board members recommend the extension.</subsection></subsection></section><section number="58-28-305"><histories><history>Renumbered and Amended by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Term of license -- Expiration -- Renewal.</catchline><subsection number="58-28-305(1)">
A license as a veterinarian issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.  A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.</subsection><subsection number="58-28-305(2)">
A license as a veterinarian intern issued under this chapter shall be issued for a term established by the division by rule and consistent with the requirements of Subsection <xref depth="4" refid="C58-28-S302_1800010118000101" refnumber="58-28-302(2)(b)" start="0">58-28-302(2)(b)</xref>.</subsection><subsection number="58-28-305(3)">
Each license under this chapter automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section <xref depth="3" refid="C58-1-S308_1800010118000101" refnumber="58-1-308" start="0">58-1-308</xref>.</subsection></section><section number="58-28-306"><histories><history>Enacted by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Continuing education.</catchline><tab/>The division may, by rule, in accordance with Section <xref depth="3" refid="C58-1-S203_1800010118000101" refnumber="58-1-203" start="0">58-1-203</xref>, establish a continuing education requirement as a condition to renewal of a license under this chapter.
</section><section number="58-28-307"><histories><history>Amended by Chapter <modchap sess="2024GS">455</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Exemptions from chapter.</catchline><tab/>In addition to the exemptions from licensure in Section <xref depth="3" refnumber="58-1-307">58-1-307</xref> this chapter does not apply to:<subsection number="58-28-307(1)">an individual who practices veterinary medicine, surgery, or dentistry upon any animal owned by the individual, and the employee of that individual when the practice is upon an animal owned by the employee's employer, and incidental to employment, except:<subsection number="58-28-307(1)(a)">this exemption does not apply to an individual, or the individual's employee, when the ownership of an animal was acquired for the purpose of circumventing this chapter; and</subsection><subsection number="58-28-307(1)(b)">this exemption does not apply to the administration, dispensing, or prescribing of a prescription drug, or nonprescription drug intended for off label use, unless the administration, dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient relationship;</subsection></subsection><subsection number="58-28-307(2)">an individual who as a student at a veterinary college approved by the board engages in the practice of veterinary medicine, surgery, and dentistry as part of the individual's academic training and under the direct supervision and control of a licensed veterinarian, if that practice is during the last two years of the college course of instruction and does not exceed an 18-month duration;</subsection><subsection number="58-28-307(3)">a veterinarian who is an officer or employee of the government of the United States, or the state, or its political subdivisions, and technicians under the veterinarian's supervision, while engaged in the practice of veterinary medicine, surgery, or dentistry for that government;</subsection><subsection number="58-28-307(4)">an individual while engaged in the vaccination of poultry, pullorum testing, typhoid testing of poultry, and related poultry disease control activity;</subsection><subsection number="58-28-307(5)">an individual who is engaged in bona fide and legitimate medical, dental, pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or dentistry is directly related to, and a necessary part of, that research;</subsection><subsection number="58-28-307(6)">a veterinarian licensed under the laws of another state rendering professional services in association with licensed veterinarians of this state for a period not to exceed 90 days;</subsection><subsection number="58-28-307(7)">a registered pharmacist of this state engaged in the sale of veterinary supplies, instruments, and medicines, if the sale is at the registered pharmacist's regular place of business;</subsection><subsection number="58-28-307(8)">an individual in this state engaged in the sale of veterinary supplies, instruments, and medicines, except prescription drugs which must be sold in compliance with state and federal regulations, if the supplies, instruments, and medicines are sold in original packages bearing adequate identification and directions for application and administration and the sale is made in the regular course of, and at the regular place of business;</subsection><subsection number="58-28-307(9)">an individual rendering emergency first aid to animals in those areas where a licensed veterinarian is not available, and if suspicious reportable diseases are reported immediately to the state veterinarian;</subsection><subsection number="58-28-307(10)">an individual performing or teaching nonsurgical bovine artificial insemination;</subsection><subsection number="58-28-307(11)">an individual affiliated with an institution of higher education who teaches nonsurgical bovine embryo transfer or any technician trained by or approved by an institution of higher education who performs nonsurgical bovine embryo transfer, but only if any prescription drug used in the procedure is prescribed and administered under the direction of a veterinarian licensed to practice in Utah;</subsection><subsection number="58-28-307(12)"><subsection number="58-28-307(12)(a)">the practice of animal chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, who has been certified by the American Veterinary Chiropractic Association for performing chiropractic on an animal;</subsection><subsection number="58-28-307(12)(b)">upon written referral by a licensed veterinarian, the practice of animal physical therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who has completed at least 100 hours of animal physical therapy training, including quadruped anatomy and hands-on training, approved by the division;</subsection><subsection number="58-28-307(12)(c)">the practice of animal massage therapy by an individual who has completed at least 60 hours of animal massage therapy training in areas specified by the division in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-28-307(12)(d)">upon written referral by a licensed veterinarian, the practice of acupuncture by an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a course of study on animal acupuncture approved by the division;</subsection></subsection><subsection number="58-28-307(13)">unlicensed assistive personnel performing duties appropriately delegated to the unlicensed assistive personnel in accordance with Section <xref depth="3" refnumber="58-28-502">58-28-502</xref>;</subsection><subsection number="58-28-307(14)">an animal shelter employee who is:<subsection number="58-28-307(14)(a)"><subsection number="58-28-307(14)(a)(i)">acting under the indirect supervision of a licensed veterinarian; and</subsection><subsection number="58-28-307(14)(a)(ii)">performing animal euthanasia in the course and scope of employment; and</subsection></subsection><subsection number="58-28-307(14)(b)">acting under the indirect supervision of a veterinarian who is under contract with the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the Compendium of Animal Rabies Prevention and Control;</subsection></subsection><subsection number="58-28-307(15)">an individual providing appropriate training for animals; however, this exception does not include diagnosing any medical condition, or prescribing or dispensing any prescription drugs or therapeutics;</subsection><subsection number="58-28-307(16)">an individual who performs teeth floating if the individual:<subsection number="58-28-307(16)(a)">has a valid certification from the International Association of Equine Dentistry, or an equivalent certification designated by division rule made in collaboration with the board, to perform teeth floating;</subsection><subsection number="58-28-307(16)(b)">administers or uses a sedative drug only if the individual is under the direct supervision of a veterinarian in accordance with Subsection <xref depth="4" refnumber="58-28-502(2)(a)(iv)">58-28-502(2)(a)(iv)</xref>; and</subsection></subsection><subsection number="58-28-307(17)">an individual testing a bovine for pregnancy if the individual has:<subsection number="58-28-307(17)(a)">obtained a masters degree or higher in animal reproductive physiology; and</subsection><subsection number="58-28-307(17)(b)">completed at least eight hours of continuing education on animal reproductive physiology within the previous two-year period.</subsection></subsection></section><section number="58-28-308"><histories><history>Enacted by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Provisions for current practitioners.</catchline><tab/>An individual who, as of August 1, 2006, is practicing as a veterinarian intern under supervision of a veterinarian licensed under this chapter shall receive a temporary license to practice in the state as a veterinary intern:<subsection number="58-28-308(1)">
if, prior to August 1, 2006, the individual submits an application and any required fees to the division to obtain licensure under this chapter as a veterinary intern; and</subsection><subsection number="58-28-308(2)">
while the application for licensure is pending with the division.</subsection></section><section number="58-28-309"><histories><history>Enacted by Chapter <modchap sess="2020GS">435</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Qualifications for state certification.</catchline><subsection number="58-28-309(1)">
The division shall grant state certification to a person who qualifies under this section to engage in the practice of veterinary technology as a state certified veterinary technician.</subsection><subsection number="58-28-309(2)">
Each applicant for state certification as a state certified veterinary technician shall:
<subsection number="58-28-309(2)(a)">
submit an application in a form prescribed by the division in consultation with the board;</subsection><subsection number="58-28-309(2)(b)">
submit evidence of graduation from an AVMA-accredited program in veterinary technology that is at least two years, or an equivalent program as determined by division rule in consultation with the board;</subsection><subsection number="58-28-309(2)(c)">
submit evidence of achieving a passing score, as determined by the division in consultation with the board, on the Veterinary Technician National Examination, or an equivalent examination as determined by division rule in consultation with the board;</subsection><subsection number="58-28-309(2)(d)">
pay a fee determined by the department under Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>; and</subsection><subsection number="58-28-309(2)(e)">
provide satisfactory documentation that the applicant meets other criteria determined by division rule in consultation with the board.</subsection></subsection></section><section number="58-28-310"><histories><history>Enacted by Chapter <modchap sess="2020GS">435</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Term of state certification.</catchline><subsection number="58-28-310(1)">
The division shall grant state certification under this chapter in accordance with a two-year renewal cycle established in rule by the division in consultation with the board.</subsection><subsection number="58-28-310(2)">
At the time of renewal, an applicant for renewal shall provide proof of completion of any continuing education requirements established by the division in consultation with the board.</subsection><subsection number="58-28-310(3)">
If a state certified veterinary technician is placed on probation, the state certification is expired, or if the division revokes or suspends the state certification for an individual, the individual shall cease:
<subsection number="58-28-310(3)(a)">
using the title state certified veterinary technician in connection with the individual's name or business; and</subsection><subsection number="58-28-310(3)(b)">
representing to others that the individual is a state certified veterinary technician.</subsection></subsection><subsection number="58-28-310(4)">
An individual whose certification ceases as described in Subsection <xref depth="4" refnumber="58-28-310(3)" start="0">(3)</xref> may reapply for state certification when the individual meets the requirements for state certification described in Section <xref depth="3" refnumber="58-28-309" start="0">58-28-309</xref>.</subsection></section><section number="58-28-311"><histories><history>Enacted by Chapter <modchap sess="2020GS">435</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Limitation of state certification.</catchline><tab/>This chapter does not prevent a person from lawfully engaging in the practice of veterinary technology without state certification under the direct supervision of a veterinarian licensed under this chapter.</section></part><part number="58-28-4"><catchline>Licensing Denial and Discipline</catchline><section number="58-28-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Grounds for denial of license -- Disciplinary proceedings.</catchline><tab/>Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section <xref depth="3" refid="C58-1-S401_1800010118000101" refnumber="58-1-401" start="0">58-1-401</xref>.
</section></part><part number="58-28-5"><catchline>Unlawful and Unprofessional Conduct - Penalties</catchline><section number="58-28-501"><histories><history>Amended by Chapter <modchap sess="2020GS">435</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Unlawful conduct.</catchline><tab/>Unlawful conduct includes, in addition to the definitions in Section <xref depth="3" refnumber="58-1-501" start="0">58-1-501</xref>:<subsection number="58-28-501(1)">
fraudulently issuing or using any health certificate, inspection certificate, vaccination certificate, test chart, or any other certificate relating to the existence of animal diseases or the sale of animal products for human consumption;</subsection><subsection number="58-28-501(2)">
willfully misrepresenting any findings in the inspection of foodstuffs of animal origin;</subsection><subsection number="58-28-501(3)">
fraudulently misapplying or reporting any intradermal, cutaneous, subcutaneous, serological, or chemical test;</subsection><subsection number="58-28-501(4)">
for an individual who is not a state certified veterinary technician, using the title state certified veterinary technician, or representing that the individual is a state certified veterinary technician, in connection with the individual's name or business; and</subsection><subsection number="58-28-501(5)">
for a state certified individual whose state certification is suspended, placed on probation, revoked, or has expired for any reason, using the title state certified veterinary technician in connection with the individual's name or business.</subsection></section><section number="58-28-502"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Unprofessional conduct.</catchline><subsection number="58-28-502(1)">"Unprofessional conduct" includes, in addition to the definitions in Section <xref depth="3" refnumber="58-1-501">58-1-501</xref>:<subsection number="58-28-502(1)(a)">applying unsanitary methods or procedures in the treatment of any animal, contrary to rules adopted by the board and approved by the division;</subsection><subsection number="58-28-502(1)(b)">procuring any fee or recompense on the assurance that a manifestly incurable diseased condition of the body of an animal can be permanently cured;</subsection><subsection number="58-28-502(1)(c)">selling any biologics containing living or dead organisms or products or such organisms, except in a manner which will prevent indiscriminate use of such biologics;</subsection><subsection number="58-28-502(1)(d)">swearing falsely in any testimony or affidavit, relating to, or in the course of, the practice of veterinary medicine, surgery, or dentistry;</subsection><subsection number="58-28-502(1)(e)">willful failure to report any dangerous, infectious, or contagious disease, as required by law;</subsection><subsection number="58-28-502(1)(f)">willful failure to report the results of any medical tests, as required by law, or rule adopted pursuant to law;</subsection><subsection number="58-28-502(1)(g)">violating Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;</subsection><subsection number="58-28-502(1)(h)">delegating to unlicensed assistive personnel:<subsection number="58-28-502(1)(h)(i)">a task that violates the standards of the profession or Subsection <xref depth="4" refnumber="58-28-502(2)">(2)</xref>; or</subsection><subsection number="58-28-502(1)(h)(ii)">the administration of anesthesia or sedation if the delegating veterinarian is not providing direct supervision of the administration; and</subsection></subsection><subsection number="58-28-502(1)(i)">making any unsubstantiated claim of superiority in training or skill as a veterinarian in the performance of professional services.</subsection></subsection><subsection number="58-28-502(2)"><subsection number="58-28-502(2)(a)">"Unprofessional conduct" does not include the following:<subsection number="58-28-502(2)(a)(i)">delegating to a veterinary technologist, while under the indirect supervision of a veterinarian, patient care and treatment that requires a technical understanding of veterinary medicine if written or oral instructions are provided to the technologist by the veterinarian;</subsection><subsection number="58-28-502(2)(a)(ii)">delegating to a state certified veterinary technician or a veterinary technician, while under the direct or indirect supervision of a veterinarian, patient care and treatment that requires a technical understanding of veterinary medicine if the veterinarian provides written or oral instructions to the state certified veterinary technician;</subsection><subsection number="58-28-502(2)(a)(iii)">delegating to a veterinary assistant, under the immediate supervision of a licensed veterinarian, tasks that are consistent with the standards and ethics of the profession;</subsection><subsection number="58-28-502(2)(a)(iv)">delegating to an individual described in Subsection <xref depth="4" refnumber="58-28-307(16)">58-28-307(16)</xref>, under the direct supervision of a licensed veterinarian, the administration of a sedative drug for teeth floating; or</subsection><subsection number="58-28-502(2)(a)(v)">discussing the effects of the following on an animal with the owner of an animal:<subsection number="58-28-502(2)(a)(v)(A)">a cannabinoid or industrial hemp product, as those terms are defined in Section <xref depth="3" refnumber="4-41-102">4-41-102</xref>; or</subsection><subsection number="58-28-502(2)(a)(v)(B)">THC or medical cannabis, as those terms are defined in Section <xref depth="3" refnumber="26B-4-201">26B-4-201</xref>.</subsection></subsection></subsection><subsection number="58-28-502(2)(b)">The delegation of tasks permitted under Subsections <xref depth="4" refnumber="58-28-502(2)(a)(i)">(2)(a)(i)</xref> through <xref depth="4" refnumber="58-28-502(iv)">(iv)</xref> does not include:<subsection number="58-28-502(2)(b)(i)">diagnosing;</subsection><subsection number="58-28-502(2)(b)(ii)">prognosing;</subsection><subsection number="58-28-502(2)(b)(iii)">surgery; or</subsection><subsection number="58-28-502(2)(b)(iv)">prescribing drugs, medicines, or appliances.</subsection></subsection></subsection><subsection number="58-28-502(3)">Notwithstanding any provision of this section, a veterinarian is not prohibited from engaging in a discussion described in Subsection <xref depth="4" refnumber="58-28-502(2)(a)(v)">(2)(a)(v)</xref>.</subsection></section><section number="58-28-503"><histories><history>Amended by Chapter <modchap sess="2022GS">415</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Penalty for unlawful or unprofessional conduct.</catchline><subsection number="58-28-503(1)">
Any person who violates the unlawful conduct provisions of Section <xref depth="3" refnumber="58-28-501" start="0">58-28-501</xref> is guilty of a third degree felony.</subsection><subsection number="58-28-503(2)">
After proceeding pursuant to <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, and <xref depth="1" refnumber="58-1" start="1">Chapter 1, Division of Professional Licensing Act</xref>, the division may impose administrative penalties of up to $10,000 for acts of unprofessional conduct or unlawful conduct under this chapter.</subsection><subsection number="58-28-503(3)">
Assessment of a penalty under this section does not affect any other action the division is authorized to take regarding a license issued under this chapter.</subsection><subsection number="58-28-503(4)"><subsection number="58-28-503(4)(a)">
The director may collect a penalty that is not paid by:<subsection number="58-28-503(4)(a)(i)">
referring the matter to a collection agency; or</subsection><subsection number="58-28-503(4)(a)(ii)">
bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located.</subsection></subsection><subsection number="58-28-503(4)(b)">
A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty.</subsection><subsection number="58-28-503(4)(c)">
A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.</subsection></subsection></section></part><part number="58-28-6"><catchline>Standards of Practice</catchline><section number="58-28-601"><histories><history>Renumbered and Amended by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Animal abandonment.</catchline><subsection number="58-28-601(1)">
Any animal which suffers abandonment for a period of five days may be sold or placed in the custody of the nearest humane society or county dog pound if the animal is not picked up within seven days after mailing a notification, by certified mail, to the last known address of the person placing the animal in the veterinarian's custody.  If no humane society or dog pound is located in the county, the animal may be disposed of in a humane manner.</subsection><subsection number="58-28-601(2)">
A veterinarian who complies with this section is relieved from liability for the disposal or sale of abandoned animals.</subsection></section><section number="58-28-602"><histories><history>Enacted by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Cruelty to animals -- Immunity for reporting.</catchline><tab/>A licensed veterinarian who in good faith and in the normal course of business, reports a suspected case of animal cruelty to law enforcement or the proper authorities is immune from liability in any civil or criminal action brought against the veterinarian for reporting the suspected cruelty.
</section><section number="58-28-603"><histories><history>Enacted by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Medical records.</catchline><tab/>Medical records maintained by a person licensed under this chapter:<subsection number="58-28-603(1)">
shall meet the standards and ethics of the profession;</subsection><subsection number="58-28-603(2)">
shall be maintained in accordance with administrative rules adopted by the division in consultation with the board; and</subsection><subsection number="58-28-603(3)">
may be maintained in electronic format.</subsection></section><section number="58-28-604"><histories><history>Amended by Chapter <modchap sess="2025GS">82</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Veterinarian-client-patient relationship.</catchline><subsection number="58-28-604(1)"><subsection number="58-28-604(1)(a)">Except as provided in Subsection <xref tempid="703" depth="4" refnumber="58-28-604(1)(b)">(1)(b)</xref>, a licensee under this chapter may only practice under a veterinarian-client-patient relationship as defined in Section <xref depth="3" refid="C58-28-S102_1800010118000101" refnumber="58-28-102" start="0">58-28-102</xref>.</subsection><subsection number="58-28-604(1)(b)">Notwithstanding Section <xref depth="3" refnumber="58-28-102">58-28-102</xref>, when a veterinarian employed by the Department of Agriculture and Food issues a veterinary feed directive to a beekeeper who is registered in accordance with Section <xref depth="3" refnumber="4-11-104">4-11-104</xref>, a veterinarian-client-patient relationship is established for the veterinarian employed by the Department of Agriculture and Food if:<subsection number="58-28-604(1)(b)(i)">the relevant apiary is inspected by:<subsection number="58-28-604(1)(b)(i)(A)">a county bee inspector appointed under Section <xref depth="3" refnumber="4-11-105">4-11-105</xref>; or</subsection><subsection number="58-28-604(1)(b)(i)(B)">an inspector for the Department of Agriculture and Food; and</subsection></subsection><subsection number="58-28-604(1)(b)(ii)">in conducting the inspection under Subsection <xref tempid="137" depth="4" refnumber="58-28-604(1)(b)(i)">(1)(b)(i)</xref>, the inspector works in conjunction with the veterinarian employed by the Department of Agriculture and Food.</subsection></subsection></subsection><subsection number="58-28-604(2)">A veterinarian-client-patient relationship may not be established solely by telephone or other electronic means.</subsection></section><section number="58-28-605"><histories><history>Enacted by Chapter <modchap sess="2006GS">109</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Veterinarian-client-patient confidentiality.</catchline><subsection number="58-28-605(1)">
A licensee under this chapter may not disclose information about the licensee's care of an animal to anyone other than the client, as defined in Section <xref depth="3" refid="C58-28-S102_1800010118000101" refnumber="58-28-102" start="0">58-28-102</xref>, unless:
<subsection number="58-28-605(1)(a)">
the client consents to the disclosure in writing;</subsection><subsection number="58-28-605(1)(b)">
disclosure to public health officials, animal health or welfare officials, agricultural authorities, or federal, state, or local officials is required, or necessary to protect the animal or to protect public health;</subsection><subsection number="58-28-605(1)(c)">
disclosure is required by court order or subpoena; or</subsection><subsection number="58-28-605(1)(d)">
the client has placed the veterinarian's care or treatment of the animal or the nature or extent of injuries to the animal at issue in a civil or criminal proceeding.</subsection></subsection><subsection number="58-28-605(2)">
A licensee who releases medical records under the provisions of this section is not liable to the client or any other person for the release of the records.</subsection></section><section number="58-28-606"><enddate type="SC">10/1/2026</enddate><histories><history>Amended by Chapter <modchap sess="2020GS">354</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Veterinary corporations, partnerships, and limited liability companies -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.</catchline><subsection number="58-28-606(1)">
As used in this section:
<subsection number="58-28-606(1)(a)">
"Veterinary corporation" means a professional corporation organized to render veterinary services under <xref depth="1" refnumber="16-11" start="0">Title 16, Chapter 11, Professional Corporation Act</xref>.</subsection><subsection number="58-28-606(1)(b)">
"Veterinary limited liability company" means a limited liability company organized to render veterinary services under <xref depth="1" refnumber="48-3a" start="0">Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act</xref>.</subsection><subsection number="58-28-606(1)(c)">
"Veterinary partnership" means a partnership or limited liability partnership organized to render veterinary services under:<subsection number="58-28-606(1)(c)(i)"><xref depth="1" refnumber="48-1d" start="0">Title 48, Chapter 1d, Utah Uniform Partnership Act</xref>; or</subsection><subsection number="58-28-606(1)(c)(ii)"><xref depth="1" refnumber="48-2e" start="0">Title 48, Chapter 2e, Utah Uniform Limited Partnership Act</xref>.</subsection></subsection></subsection><subsection number="58-28-606(2)">
A veterinary corporation may issue or transfer shares of the veterinary corporation's capital stock to a person that is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.</subsection><subsection number="58-28-606(3)">
An individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter:
<subsection number="58-28-606(3)(a)">
may not serve as an officer or director of a veterinary corporation; and</subsection><subsection number="58-28-606(3)(b)">
may serve as secretary or treasurer of a veterinary corporation.</subsection></subsection><subsection number="58-28-606(4)">
A veterinary limited liability company or a veterinary partnership may include an individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.</subsection></section><section number="58-28-606"><effdate>10/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">92</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Veterinary corporations, partnerships, and limited liability companies -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.</catchline><subsection number="58-28-606(1)">As used in this section:<subsection number="58-28-606(1)(a)">"Veterinary corporation" means a professional corporation organized to render veterinary services under <xref depth="1" refnumber="16-11" start="0">Title 16, Chapter 11, Professional Corporation Act</xref>.</subsection><subsection number="58-28-606(1)(b)">"Veterinary limited liability company" means a limited liability company organized to render veterinary services under Title 16, Chapter 20, Utah Revised Uniform Limited Liability Company Act.</subsection><subsection number="58-28-606(1)(c)">"Veterinary partnership" means a partnership or limited liability partnership organized to render veterinary services under:<subsection number="58-28-606(1)(c)(i)">Title 16, Chapter 18, Utah Uniform Partnership Act; or</subsection><subsection number="58-28-606(1)(c)(ii)">Title 16, Chapter 19, Utah Uniform Limited Partnership Act.</subsection></subsection></subsection><subsection number="58-28-606(2)">A veterinary corporation may issue or transfer shares of the veterinary corporation's capital stock to a person that is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.</subsection><subsection number="58-28-606(3)">An individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter:<subsection number="58-28-606(3)(a)">may not serve as an officer or director of a veterinary corporation; and</subsection><subsection number="58-28-606(3)(b)">may serve as secretary or treasurer of a veterinary corporation.</subsection></subsection><subsection number="58-28-606(4)">A veterinary limited liability company or a veterinary partnership may include an individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this chapter.</subsection></section></part></chapter>