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S.B. 182






Sponsor: Mike Dmitrich

             7      LONG TITLE
             8      General Description:
             9          This bill modifies the Veterinary Practices Act.
             10      Highlighted Provisions:
             11          This bill:
             12          .    allows individuals other than veterinarians to perform or teach nonsurgical horse
             13      insemination.
             14      Monies Appropriated in this Bill:
             15          None
             16      Other Special Clauses:
             17          None
             18      Utah Code Sections Affected:
             19      AMENDS:
             20          58-28-8, as last amended by Chapter 124, Laws of Utah 2001
             22      Be it enacted by the Legislature of the state of Utah:
             23          Section 1. Section 58-28-8 is amended to read:
             24           58-28-8. Exemptions from chapter.
             25          In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
             26      apply to:
             27          (1) any person who practices veterinary medicine, surgery, or dentistry upon any

             28      animal owned by him, and the employee of that person when the practice is upon an animal
             29      owned by his employer, and incidental to his employment, except that this exemption does not
             30      apply to any person, or his employee, when the ownership of an animal was acquired for the
             31      purpose of circumventing this chapter;
             32          (2) any person who as a student at a veterinary college approved by the board engages
             33      in the practice of veterinary medicine, surgery, and dentistry as part of his academic training
             34      and under the supervision and control of a licensed veterinarian, if that practice is during the
             35      last two years of the college course of instruction and does not exceed an 18-month duration;
             36          (3) a veterinarian who is an officer or employee of the government of the United
             37      States, or the state, or its political subdivisions, and technicians under his supervision, while
             38      engaged in the practice of veterinary medicine, surgery, or dentistry for that government;
             39          (4) any person while engaged in the vaccination of poultry, pullorum testing, typhoid
             40      testing of poultry, and related poultry disease control activity;
             41          (5) any person who is engaged in bona fide and legitimate medical, dental,
             42      pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or
             43      dentistry is directly related to, and a necessary part of, that research;
             44          (6) veterinarians licensed under the laws of another state rendering professional
             45      services in association with licensed veterinarians of this state for a period not to exceed 90
             46      days;
             47          (7) registered pharmacists of this state engaged in the sale of veterinary supplies,
             48      instruments, and medicines, if the sale is at his regular place of business;
             49          (8) except as otherwise provided in Subsection 58-28-2 (6)(d), any person in this state
             50      engaged in the sale of veterinary supplies, instruments, and medicines, except prescription
             51      drugs which must be sold in compliance with state and federal regulations, if the supplies,
             52      instruments, and medicines are sold in original packages bearing adequate identification and
             53      directions for application and administration and the sale is made in the regular course of, and
             54      at the regular place of business;
             55          (9) any person rendering emergency first aid to animals in those areas where a licensed
             56      veterinarian is not available, and if suspicious reportable diseases are reported immediately to
             57      the state veterinarian;
             58          (10) any person performing or teaching nonsurgical bovine or equine artificial

             59      insemination;
             60          (11) any person affiliated with an institution of higher education who teaches
             61      nonsurgical bovine embryo transfer or any technician trained by or approved by an institution
             62      of higher education who performs nonsurgical bovine embryo transfer, but only if any
             63      prescription drug used in the procedure is prescribed and administered under the direction of a
             64      veterinarian licensed to practice in Utah; and
             65          (l2) (a) upon written referral by a licensed veterinarian, the practice of animal
             66      chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
             67      Practice Act, who has completed an animal chiropractic course approved by the American
             68      Veterinary Chiropractic Association or the division;
             69          (b) upon written referral by a licensed veterinarian, the practice of animal physical
             70      therapy by a physical therapist licensed under Chapter 24a, Physical Therapist Practice Act,
             71      who has completed at least 100 hours of animal physical therapy training, including quadruped
             72      anatomy and hands-on training, approved by the division; and
             73          (c) the practice of animal massage therapy by a massage therapist licensed under
             74      Chapter 47b, Massage Therapy Practice Act, who has completed at least 60 hours of animal
             75      massage therapy training, including quadruped anatomy and hands-on training, approved by the
             76      division.

Legislative Review Note
    as of 1-28-05 3:03 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel

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