First Substitute S.B. 132

Senator Bill Wright proposes to substitute the following bill:

1 VETERINARY PRACTICE ACT AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bill Wright
5 This act modifies the Veterinary Practice Act, the Chiropractic Physician Practice Act, the
6 Massage Therapy Practice Act, and the Physical Therapist Practice Act. This act provides
7 a limited exemption from licensing under the Veterinary Practice Act and expands the scope
8 of practice for chiropractic physicians, physical therapists, and massage therapists who
9 provide certain treatments for animals, and who meet specified training requirements.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 58-24a-102, as last amended by Chapter 222, Laws of Utah 1994
13 58-28-8, as last amended by Chapters 4 and 297, Laws of Utah 1993
14 58-47b-102, as last amended by Chapter 309, Laws of Utah 2000
15 58-73-102, as last amended by Chapter 284, Laws of Utah 1998
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 58-24a-102 is amended to read:
18 58-24a-102. Definitions.
19 In addition to the definitions in Section 58-1-102 , as used in this chapter:
20 (1) "Board" means the Physical Therapy Licensing Board.
21 (2) "General supervision" means the supervising physical therapist is available for
22 immediate voice communication with the person being supervised.
23 (3) "Immediate supervision" means the supervising physical therapist is:
24 (a) present in the area where the person supervised is performing services; and
25 (b) immediately available to assist the person being supervised in the services being

26 performed.
27 (4) "Physical therapist aide" means an individual performing activities related to physical
28 therapy under the immediate supervision of a physical therapist.
29 (5) "Physical therapist assistant" means an individual who has successfully completed an
30 accredited physical therapy assistant program and who performs activities related to physical
31 therapy under the general supervision of a physical therapist.
32 (6) "Physical therapy" or "physiotherapy" means the:
33 (a) treatment of a human being to assess, prevent, correct, alleviate, and limit physical
34 disability, movement dysfunction, bodily malfunction, and pain resulting from disorders,
35 congenital and aging conditions, injury, and disease; [and]
36 (b) development of a physical therapy plan and the implementation of and modification
37 of the treatment plan[.]; and
38 (c) the practice described in this Subsection (6) on an animal to the extent permitted by:
39 (i) Subsection 58-28-8 (12);
40 (ii) the provisions of this chapter; and
41 (iii) division rule.
42 (7) "Unlawful conduct" as defined in Section 58-1-501 includes using in connection with
43 his name or business activities the words "physical therapist," "physiotherapist," "licensed physical
44 therapist," "registered physical therapist," or the letters "P.T.," "L.P.T.," "R.P.T.," or any other
45 words, letters, abbreviations, or insignia indicating or implying directly or indirectly that the person
46 is authorized to practice physical therapy, when the person is not licensed under this chapter.
47 (8) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further defined
48 by rule includes failing to provide immediate supervision of a physical therapist assistant or aide
49 whose activities are the licensee's responsibility under Section 58-24a-112 .
50 Section 2. Section 58-28-8 is amended to read:
51 58-28-8. Exemptions from chapter.
52 In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
53 apply to:
54 (1) any person who practices veterinary medicine, surgery, or dentistry upon any animal
55 owned by him, and the employee of that person when the practice is upon an animal owned by his
56 employer, and incidental to his employment, except that this exemption does not apply to any

57 person, or his employee, when the ownership of an animal was acquired for the purpose of
58 circumventing this chapter;
59 (2) any person who as a student at a veterinary college approved by the board engages in
60 the practice of veterinary medicine, surgery, and dentistry as part of his academic training and
61 under the supervision and control of a licensed veterinarian, if that practice is during the last two
62 years of the college course of instruction and does not exceed an 18-month duration;
63 (3) a veterinarian who is an officer or employee of the government of the United States,
64 or the state, or its political subdivisions, and technicians under his supervision, while engaged in
65 the practice of veterinary medicine, surgery, or dentistry for that government;
66 (4) any person while engaged in the vaccination of poultry, pullorum testing, typhoid
67 testing of poultry, and related poultry disease control activity;
68 (5) any person who is engaged in bona fide and legitimate medical, dental, pharmaceutical,
69 or other scientific research, if that practice of veterinary medicine, surgery, or dentistry is directly
70 related to, and a necessary part of, that research;
71 (6) veterinarians licensed under the laws of another state rendering professional services
72 in association with licensed veterinarians of this state for a period not to exceed 90 days;
73 (7) registered pharmacists of this state engaged in the sale of veterinary supplies,
74 instruments, and medicines, if the sale is at his regular place of business;
75 (8) except as otherwise provided in Subsection 58-28-2 (6) (d), any person in this state
76 engaged in the sale of veterinary supplies, instruments, and medicines, except prescription drugs
77 which must be sold in compliance with state and federal regulations, if the supplies, instruments,
78 and medicines are sold in original packages bearing adequate identification and directions for
79 application and administration and the sale is made in the regular course of, and at the regular
80 place of business;
81 (9) any person rendering emergency first aid to animals in those areas where a licensed
82 veterinarian is not available, and if suspicious reportable diseases are reported immediately to the
83 state veterinarian;
84 (10) any person performing or teaching nonsurgical bovine artificial insemination; [and]
85 (11) any person affiliated with an institution of higher education who teaches nonsurgical
86 bovine embryo transfer or any technician trained by or approved by an institution of higher
87 education who performs nonsurgical bovine embryo transfer, but only if any prescription drug used

88 in the procedure is prescribed and administered under the direction of a veterinarian licensed to
89 practice in Utah[.]; and
90 (l2) (a) upon written referral by a licensed veterinarian, the practice of animal chiropractic
91 by a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, who
92 has completed an animal chiropractic course of at least 150 hours approved by the American
93 Veterinary Chiropractic Association or the division;
94 (b) upon written referral by a licensed veterinarian, the practice of animal physical therapy
95 by a physical therapist licensed under Chapter 24a, Physical Therapist Practice Act, who has
96 completed at least 100 hours of animal physical therapy training, including quadruped anatomy
97 and hands-on training, approved by the division; and
98 (c) the practice of animal massage therapy by a massage therapist licensed under Chapter
99 47b, Massage Therapy Practice Act, who has completed at least 60 hours of animal massage
100 therapy training, including quadruped anatomy and hands-on training, approved by the division.
101 Section 3. Section 58-47b-102 is amended to read:
102 58-47b-102. Definitions.
103 In addition to the definitions in Section 58-1-102 , as used in this chapter:
104 (1) "Board" means the Utah Board of Massage Therapy created in Section 58-47b-201 .
105 (2) "Breast" means the female mammary gland and does not include the muscles,
106 connective tissue, or other soft tissue of the upper chest.
107 (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the muscular
108 system.
109 (4) "Massage apprentice" means an individual licensed under this chapter as a massage
110 apprentice to work under the direct supervision of a licensed massage therapist.
111 (5) "Massage therapist" means an individual licensed under this chapter as a massage
112 therapist.
113 (6) "Practice of massage therapy" means:
114 (a) the examination, assessment, and evaluation of the soft tissue structures of the body
115 for the purpose of devising a treatment plan to promote homeostasis;
116 (b) the systematic manual or mechanical manipulation of the soft tissue of the body for the
117 therapeutic purpose of:
118 (i) promoting the health and well-being of a client;

119 (ii) enhancing the circulation of the blood and lymph;
120 (iii) relaxing and lengthening muscles;
121 (iv) relieving pain;
122 (v) restoring metabolic balance; and
123 (vi) achieving homeostasis;
124 (c) the use of the hands or a mechanical or electrical apparatus in connection with this
125 Subsection (6);
126 (d) the use of rehabilitative procedures involving the soft tissue of the body;
127 (e) range of motion or movements without spinal adjustment as set forth in Section
128 58-73-102 ;
129 (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and cabinet
130 baths;
131 (g) manual traction and stretching exercise;
132 (h) correction of muscular distortion by treatment of the soft tissues of the body;
133 (i) counseling, education, and other advisory services to reduce the incidence and severity
134 of physical disability, movement dysfunction, and pain; [and]
135 (j) similar or related activities and modality techniques[.]; and
136 (k) the practice described in this Subsection (6) on an animal to the extent permitted by:
137 (i) Subsection 58-28-8 (12);
138 (ii) the provisions of this chapter; and
139 (iii) division rule.
140 (7) "Soft tissue" means the muscles and related connective tissue.
141 (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501 .
142 (9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and as
143 may be further defined by division rule.
144 Section 4. Section 58-73-102 is amended to read:
145 58-73-102. Definitions.
146 (1) "Adjustment of the articulation of the spinal column" means performance by a
147 chiropractic physician by the use of passive movements directed toward the goal of restoring joints
148 to their proper physiological relationship of motion and related function, releasing adhesions, or
149 stimulating joint receptors using one or more of the following techniques:

150 (a) impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a nature
151 that the patient cannot prevent the motion, commencing where the motion encounters the elastic
152 barrier of resistance and ends at the limit of anatomical integrity;
153 (b) instrument adjusting, utilizing instruments specifically designed to deliver sudden, high
154 velocity, short amplitude thrust;
155 (c) light force adjusting utilizing sustained joint traction or applied directional pressure,
156 or both, which may be combined with passive motion to restore joint mobility; and
157 (d) long distance lever adjusting utilizing forces delivered at some distance from the
158 dysfunctional site and aimed at transmission through connected structures to accomplish joint
159 mobility.
160 (2) "Board" means the Chiropractic Physician Licensing Board created in Section
161 58-73-201 .
162 (3) "Chiropractic assistant" means a person who performs activities related to the practice
163 of chiropractic under the supervision of a licensed chiropractic physician in accordance with
164 division rule established in collaboration with the board.
165 (4) "Chiropractic physician" means a person who has been licensed under this chapter to
166 practice chiropractic.
167 (5) "Diagnosis of the articulation of the spinal column" means to examine the articulations
168 of the spinal column of another human to determine the source, nature, kind, or extent of a disease,
169 vertebral sublixation, or other physical condition, and to make a determination of the source,
170 nature, kind, or extent of a disease or other physical condition.
171 (6) "Elastic barrier" means the point at which the patient cannot move a joint by his own
172 means and through which movement is obtained or caused by a practitioner's skillful treatment
173 using the practitioner's hands in a manipulation of a joint by thrust of sudden, high velocity, short
174 amplitude so the patient cannot prevent the motion.
175 (7) "Incisive surgery" means any procedure having the power or quality of cutting of a
176 patient for the purpose of treating disease, injury, or deformity, and includes the use of laser.
177 (8) (a) "Manipulate the articulation of the spinal column" means use by a practitioner of
178 a skillful treatment using the practitioner's hands in a manipulation of a joint by thrust of sudden,
179 high velocity, short amplitude so the patient cannot prevent the motion. Movement of the joint is
180 by force beyond its active limit of motion.

181 (b) This manipulation commences where mobilization ends and specifically begins when
182 the elastic barrier of resistance is encountered and ends at the limit of anatomical integrity.
183 (c) Manipulation as described in this definition is directed to the goal of restoring joints
184 to their proper physiological relationship of motion and related function, releasing adhesions, or
185 stimulating joint receptors.
186 (9) "Practice of chiropractic" means a practice of a branch of the healing arts:
187 (a) the purpose of which is to restore or maintain human health, in which patient care or
188 first aid, hygienic, nutritional, or rehabilitative procedures are administered;
189 (b) which places emphasis upon specific vertebral adjustment, manipulation, and treatment
190 of the articulation and adjacent tissues of the spinal column, musculoskeletal structure of the body,
191 and nervous system;
192 (c) that involves examining, diagnosing, treating, correcting, or prescribing treatment for
193 any human disease, ailment, injury, infirmity, deformity, pain, or other condition, or the attempt
194 to do so, in accordance with Section 58-73-601 ; [and]
195 (d) that involves diagnosing, prescribing treatment, or making a determination of treatment
196 necessity for another person's condition by means of:
197 (i) a physical examination of the person; or
198 (ii) a determination based upon or derived from information supplied directly or indirectly
199 by a third person[.]; and
200 (e) the practice described in this Subsection (9) on an animal to the extent permitted by:
201 (i) Subsection 58-28-8 (12);
202 (ii) the provisions of this chapter; and
203 (iii) division rule.
204 (10) "Therapeutically position the articulation of the spinal column" means to adjust or
205 manipulate the articulation of the spinal column.