H.B. 284 Enrolled

1

VETERINARY PRACTICE ACT AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John G. Mathis
5 Senate Sponsor: Beverly Ann Evans
6
7 LONG TITLE
8 General Description:
9 This bill amends the Veterinary Practice Act.
10 Highlighted Provisions:
11 This bill:
12 . amends definitions;
13 . amends duties of the veterinary practice board;
14 . creates a licensing category for veterinary interns and requires licensing of
15 veterinary interns;
16 . creates a continuing education requirement for licensure;
17 . adds exemptions to licensure requirements;
18 . defines unlicensed assistive personnel which includes veterinary assistants,
19 veterinary technicians, and veterinary technologists and establishes that it is not
20 unprofessional conduct for a veterinarian to delegate certain tasks to those
21 unlicensed assistants if:
22 . the veterinarian provides the level of supervision required in the bill; and
23 . the delegation of duties does not violate the standards and ethics of the
24 profession;
25 . provides standards of practice for:
26 . reporting animal cruelty;
27 . maintaining and disclosing medical records; and
28 . veterinary-client-patient relationships; and
29 . makes technical changes.

30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 58-24a-102, as last amended by Chapter 124, Laws of Utah 2001
37 58-47b-102, as last amended by Chapter 124, Laws of Utah 2001
38 58-72-102, as last amended by Chapter 26, Laws of Utah 1998
39 58-73-102, as last amended by Chapter 124, Laws of Utah 2001
40 ENACTS:
41 58-28-301, Utah Code Annotated 1953
42 58-28-306, Utah Code Annotated 1953
43 58-28-308, Utah Code Annotated 1953
44 58-28-501, Utah Code Annotated 1953
45 58-28-502, Utah Code Annotated 1953
46 58-28-503, Utah Code Annotated 1953
47 58-28-602, Utah Code Annotated 1953
48 58-28-603, Utah Code Annotated 1953
49 58-28-604, Utah Code Annotated 1953
50 58-28-605, Utah Code Annotated 1953
51 RENUMBERS AND AMENDS:
52 58-28-101, (Renumbered from 58-28-1, as enacted by Chapter 3, Laws of Utah 1985)
53 58-28-102, (Renumbered from 58-28-2, as last amended by Chapters 4 and 297, Laws
54 of Utah 1993)
55 58-28-201, (Renumbered from 58-28-3, as repealed and reenacted by Chapter 297,
56 Laws of Utah 1993)
57 58-28-302, (Renumbered from 58-28-4, as last amended by Chapter 313, Laws of Utah

58 1994)
59 58-28-303, (Renumbered from 58-28-5, as last amended by Chapter 297, Laws of Utah
60 1993)
61 58-28-304, (Renumbered from 58-28-6, as last amended by Chapter 20, Laws of Utah
62 1995)
63 58-28-305, (Renumbered from 58-28-6.5, as enacted by Chapter 297, Laws of Utah
64 1993)
65 58-28-307, (Renumbered from 58-28-8, as last amended by Chapter 124, Laws of Utah
66 2001)
67 58-28-401, (Renumbered from 58-28-7.5, as enacted by Chapter 297, Laws of Utah
68 1993)
69 58-28-601, (Renumbered from 58-28-9, as enacted by Chapter 3, Laws of Utah 1985)
70 REPEALS:
71 58-28-10, as last amended by Chapter 264, Laws of Utah 1989
72
73 Be it enacted by the Legislature of the state of Utah:
74 Section 1. Section 58-24a-102 is amended to read:
75 58-24a-102. Definitions.
76 In addition to the definitions in Section 58-1-102 , as used in this chapter:
77 (1) "Board" means the Physical Therapy Licensing Board.
78 (2) "General supervision" means the supervising physical therapist is available for
79 immediate voice communication with the person being supervised.
80 (3) "Immediate supervision" means the supervising physical therapist is:
81 (a) present in the area where the person supervised is performing services; and
82 (b) immediately available to assist the person being supervised in the services being
83 performed.
84 (4) "Physical therapist aide" means an individual performing activities related to
85 physical therapy under the immediate supervision of a physical therapist.

86 (5) "Physical therapist assistant" means an individual who has successfully completed
87 an accredited physical therapy assistant program and who performs activities related to physical
88 therapy under the general supervision of a physical therapist.
89 (6) "Physical therapy" or "physiotherapy" means the:
90 (a) treatment of a human being to assess, prevent, correct, alleviate, and limit physical
91 disability, movement dysfunction, bodily malfunction, and pain resulting from disorders,
92 congenital and aging conditions, injury, and disease;
93 (b) development of a physical therapy plan and the implementation of and modification
94 of the treatment plan; and
95 (c) the practice described in this Subsection (6) on an animal to the extent permitted
96 by:
97 (i) Subsection [ 58-28-8 ] 58-28-307 (12);
98 (ii) the provisions of this chapter; and
99 (iii) division rule.
100 (7) "Unlawful conduct" as defined in Section 58-1-501 includes using in connection
101 with his name or business activities the words "physical therapist," "physiotherapist," "licensed
102 physical therapist," "registered physical therapist," or the letters "P.T.," "L.P.T.," "R.P.T.," or
103 any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly
104 that the person is authorized to practice physical therapy, when the person is not licensed under
105 this chapter.
106 (8) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
107 defined by rule includes failing to provide immediate supervision of a physical therapist
108 assistant or aide whose activities are the licensee's responsibility under Section 58-24a-112 .
109 Section 2. Section 58-28-101 , which is renumbered from Section 58-28-1 is
110 renumbered and amended to read:
111 [58-28-1]. 58-28-101. Short title.
112 This chapter is known as the "Veterinary Practice Act."
113 Section 3. Section 58-28-102 , which is renumbered from Section 58-28-2 is

114 renumbered and amended to read:
115 [58-28-2]. 58-28-102. Definitions.
116 In addition to the definitions in Section 58-1-102 , as used in this chapter:
117 (1) "Abandonment" means to forsake entirely or refuse to provide care and support for
118 an animal placed in the custody of a licensed veterinarian.
119 (2) "Administer" means:
120 (a) the direct application by a person of a prescription drug or device by injection,
121 inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a
122 research subject; or
123 (b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
124 for application by injection, inhalation, ingestion, or any other means to the body of the animal
125 by the owner or caretaker in accordance with the veterinarian's written directions.
126 (3) "Animal" means any animal other than a human.
127 (4) "AVMA" means American Veterinary Medical Association.
128 [(3)] (5) "Board" means the Veterinary Board established in Section [ 58-28-3 ]
129 58-28-201 .
130 (6) "Client" means the patient's owner, the owner's agent, or other person responsible
131 for the patient.
132 (7) "Direct supervision" means a veterinarian licensed under this chapter is present and
133 available for face-to-face contact with the patient and person being supervised, at the time the
134 patient is receiving veterinary care.
135 (8) "Extra-label use" means actual use or intended use of a drug in an animal in a
136 manner that is not in accordance with approved labeling.
137 (9) "Immediate supervision" means the veterinarian licensed under this chapter is
138 present with the individual being supervised, while the individual is performing the delegated
139 tasks.
140 (10) "Indirect supervision" means a veterinarian licensed under this chapter:
141 (a) has given either written or verbal instructions for veterinary care of a patient to the

142 person being supervised; and
143 (b) is available to the person being supervised by telephone or other electronic means
144 of communication during the period of time in which the veterinary care is given to the patient.
145 [(4)] (11) "Practice of veterinary medicine, surgery, and dentistry" means to:
146 (a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
147 physical condition of any animal;
148 (b) administer or prescribe any drug, medicine, treatment, method, or practice, or
149 perform any operation or manipulation, or apply any apparatus or appliance for the cure, relief,
150 or correction of any animal disease, deformity, defect, wound, or injury, or otherwise practice
151 any veterinary medicine, dentistry, or surgery on any animal;
152 (c) represent by verbal or written claim, sign, word, title, letterhead, card, or in any
153 other manner that one is a licensed veterinarian, or one qualified to practice veterinary
154 medicine, surgery, or dentistry, or hold oneself out as able to practice veterinary medicine,
155 surgery, or dentistry;
156 (d) solicit, sell, or furnish any parenterally administered animal disease cures,
157 preventions, or treatments, with or without the necessary instruments for the administration of
158 them, or any and all worm and other internal parasitic remedies, upon any agreement, express
159 or implied, to administer these cures, preventions, treatments, or remedies; or
160 (e) assume or use the title or designation, "veterinary," "veterinarian," "animal doctor,"
161 "animal surgeon," or any other title, designation, words, letters, abbreviations, sign, card, or
162 device tending to indicate that such person is qualified to practice veterinary medicine, surgery,
163 or dentistry.
164 [(5)] (12) "Unlawful conduct" [as] is defined in [Section] Sections 58-1-501 [includes:]
165 and 58-28-501 .
166 [(a) fraudulently issuing or using any health certificate, inspection certificate,
167 vaccination certificate, test chart, or any other certificate relating to the existence of animal
168 diseases or the sale of animal products for human consumption;]
169 [(b) willfully misrepresenting any findings in the inspection of foodstuffs of animal

170 origin; and]
171 [(c) fraudulently misapplying or reporting any intradermal, cutaneous, subcutaneous,
172 serological, or chemical test.]
173 (13) "Unlicensed assistive personnel":
174 (a) means any unlicensed person, regardless of title, to whom tasks are delegated by a
175 veterinarian licensed under this chapter as permitted by administrative rule and in accordance
176 with the standards of the profession; and
177 (b) includes:
178 (i) a veterinary assistant, if working under immediate supervision;
179 (ii) a veterinary technician who:
180 (A) has graduated from a program of veterinary technology accredited by the AVMA
181 that is at least a two-year program; and
182 (B) who is working under direct supervision; and
183 (iii) a veterinary technologist who:
184 (A) has graduated from a four-year program of veterinary technology accredited by the
185 AVMA; and
186 (B) is working under indirect supervision.
187 [(6)] (14) "Unprofessional conduct" [as] is defined in [Section] Sections 58-1-501 and
188 58-28-502 and [as] may be further defined by rule [includes:].
189 [(a) applying unsanitary methods or procedures in the treatment of any animal, contrary
190 to rules adopted by the board and approved by the division;]
191 [(b) soliciting patronage by directly or indirectly employing solicitors;]
192 [(c) procuring any fee or recompense on the assurance that a manifestly incurable
193 diseased condition of the body of an animal can be permanently cured;]
194 [(d) rendering professional service in association with a person who is not licensed and
195 does not hold a temporary permit;]
196 [(e) sharing fees with any person, except a licensed veterinarian, for services actually
197 performed;]

198 [(f) selling any biologics containing living or dead organisms or products or such
199 organisms, except in a manner which will prevent indiscriminate use of such biologics;]
200 [(g) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
201 practice of veterinary medicine, surgery, or dentistry;]
202 [(h) willful failure to report any dangerous, infectious, or contagious disease, as
203 required by law;]
204 [(i) willful failure to report the results of any medical tests, as required by law, or rule
205 adopted pursuant to law; or]
206 [(j) violating the Utah Controlled Substances Act.]
207 (15) "Veterinarian-client-patient relationship" means:
208 (a) a veterinarian licensed under this chapter has assumed responsibility for making
209 clinical judgements regarding the health of an animal and the need for medical treatment of an
210 animal, and the client has agreed to follow the veterinarian's instructions;
211 (b) the veterinarian has sufficient knowledge of the animal to initiate at least a general
212 or preliminary diagnosis of the medical condition of the animal, including knowledge of the
213 keeping and care of the animal as a result of recent personal examination of the animal or by
214 medically appropriate visits to the premises where the animal is housed; and
215 (c) the veterinarian has arranged for emergency coverage for follow-up evaluation in
216 the event of adverse reaction or the failure of the treatment regimen.
217 Section 4. Section 58-28-201 , which is renumbered from Section 58-28-3 is
218 renumbered and amended to read:
219 Part 2. Board
220 [58-28-3]. 58-28-201. Veterinary Board created -- Duties.
221 (1) There is created a Veterinary Board consisting of four veterinarians who have
222 practiced in the state for not less than five years and one member of the general public.
223 (2) The board shall be appointed and serve in accordance with the provisions of
224 Section 58-1-201 .
225 (3) The duties and responsibilities of the board shall be in accordance with Sections

226 58-1-202 and 58-1-203 .
227 (4) (a) The board shall designate one of its members to assist and advise the division
228 with reviewing complaints concerning unlawful or unprofessional conduct under this chapter.
229 (b) A board member shall be recused from any adjudicative proceeding held by the
230 board concerning a complaint for which the board member advised the division under
231 Subsection (4)(a).
232 Section 5. Section 58-28-301 is enacted to read:
233 Part 3. Licensing
234 58-28-301. Licensure required.
235 (1) (a) A license is required to engage in the practice of veterinary medicine, except as
236 specifically provided in Sections 58-1-307 and 58-28-307 .
237 (b) Notwithstanding the provisions of Subsection 58-1-307 (1)(c) an individual shall be
238 licensed under this chapter as a veterinary intern in order to engage in a program of indirectly
239 supervised clinical training with a veterinarian licensed under this chapter, and as necessary to
240 meet licensing requirements under Subsection 58-28-302 (1)(d).
241 (2) The division shall issue to a person who qualifies under this chapter a license in the
242 classification of:
243 (a) veterinarian; or
244 (b) veterinarian intern.
245 Section 6. Section 58-28-302 , which is renumbered from Section 58-28-4 is
246 renumbered and amended to read:
247 [58-28-4]. 58-28-302. License qualifications.
248 (1) Every applicant for a license to practice veterinary medicine, surgery, and dentistry
249 shall:
250 [(1)] (a) be of good moral character as it relates to the functions and duties of a
251 licensed veterinarian;
252 [(2)] (b) pass an examination approved by the board on the theory and practice of the
253 science of veterinary medicine, surgery, dentistry, and other subjects determined by the board,

254 knowledge of which is generally required of veterinarians;
255 [(3)] (c) (i) graduate from a veterinary college [approved] accredited by the [board;]
256 AVMA; or
257 (ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary
258 Graduates issued by the AVMA;
259 [(4) (a)] (d) (i) have practiced under the supervision of a veterinarian licensed to
260 practice in this state for a period of at least six months;
261 [(b)] (ii) have participated in veterinary investigational, educational, or sanitary control
262 work of a nature and duration as to be the equivalent of the experience of Subsection [(a)]
263 (1)(d)(i);
264 [(c)] (iii) have practiced as a licensed veterinarian outside Utah for a period of at least
265 six months; or
266 [(d)] (iv) have practiced as a veterinarian while employed by the United States
267 government, its agencies, or the state or its political subdivisions for a period of at least six
268 months; and
269 [(5)] (e) pay a fee to the Department of Commerce determined by it pursuant to Section
270 63-38-3.2 for the examination, for an initial license, and for a renewal license.
271 (2) (a) An applicant for licensure as a veterinary intern shall comply with the
272 provisions of Subsections (1)(a) and (c).
273 (b) An applicant's license as a veterinary intern is limited to the period of time
274 necessary to complete clinical training as described in Subsection (1)(d) and extends not more
275 than one year from the date the minimum requirement for training is completed, unless the
276 individual presents satisfactory evidence to the division and the board that the individual is
277 making reasonable progress toward passing the qualifying examination or is otherwise on a
278 course reasonably expected to lead to licensure as a veterinarian, but the period of time under
279 this Subsection (2)(b) may not exceed two years past the date the minimum supervised clinical
280 training has been completed.
281 Section 7. Section 58-28-303 , which is renumbered from Section 58-28-5 is

282 renumbered and amended to read:
283 [58-28-5]. 58-28-303. License -- Display -- Revocation for nondisplay or
284 nonrenewal.
285 A licensed veterinarian shall display [his] the veterinarian's license in a conspicuous
286 place in [his] the veterinarian's principal place of business. The division may revoke any
287 license which is not displayed in accordance with this section.
288 Section 8. Section 58-28-304 , which is renumbered from Section 58-28-6 is
289 renumbered and amended to read:
290 [58-28-6]. 58-28-304. Temporary license -- License reciprocity.
291 (1) The division may issue a temporary [permit] license to practice veterinary
292 medicine, surgery, and dentistry to any person not qualified for licensure under Subsection (4)
293 who meets all requirements of Section [ 58-28-4 ] 58-28-302 with the exception of Subsections
294 [ 58-28-4 (2) and (4)] 58-28-302 (1)(b) and (d), except that the temporary [permit] license shall
295 by its terms expire at the date examination results are available for the examination next
296 following the date of the issuance of the temporary [permit] license.
297 (2) The temporary [permit] license shall[: (a)] permit the holder to practice under the
298 indirect supervision of a veterinarian licensed to practice in this state[; and].
299 [(b) expire one year from the date of issuance.]
300 (3) The division may extend the expiration date of the temporary [permit] license until
301 the following examination date if:
302 (a) the applicant shows to the board good cause for failing to take or pass the
303 examination; and
304 (b) the majority of the board members recommend the extension.
305 (4) Upon the recommendation of the board, the division may issue a license without
306 examination to a person who:
307 (a) has been licensed or registered to practice veterinary medicine, surgery, and
308 dentistry in any state, district, or territory of the United States or in any foreign country, whose
309 educational, examination, and experience requirements are or were at the time the license was

310 issued equal to those of this state;
311 (b) has engaged in the practice of veterinary medicine, dentistry, and surgery while
312 licensed by another jurisdiction for at least two years;
313 (c) obtained the license in another jurisdiction after passing an examination component
314 acceptable to the division and the board;
315 (d) produces satisfactory evidence of having practiced veterinary medicine competently
316 and in accordance with the standards and ethics of the profession while practicing in another
317 jurisdiction; and
318 (e) produces satisfactory evidence of identity and good moral character as it relates to
319 the applicant's functions and practice as a licensed veterinarian.
320 Section 9. Section 58-28-305 , which is renumbered from Section 58-28-6.5 is
321 renumbered and amended to read:
322 [58-28-6.5]. 58-28-305. Term of license -- Expiration -- Renewal.
323 (1) [Each] A license as a veterinarian issued under this chapter shall be issued in
324 accordance with a two-year renewal cycle established by rule. A renewal period may be
325 extended or shortened by as much as one year to maintain established renewal cycles or to
326 change an established renewal cycle.
327 (2) A license as a veterinarian intern issued under this chapter shall be issued for a term
328 established by the division by rule and consistent with the requirements of Subsection
329 58-28-302 (2)(b).
330 [(2)] (3) Each license under this chapter automatically expires on the expiration date
331 shown on the license unless renewed by the licensee in accordance with Section 58-1-308 .
332 Section 10. Section 58-28-306 is enacted to read:
333 58-28-306. Continuing education.
334 The division may, by rule, in accordance with Section 58-1-203 , establish a continuing
335 education requirement as a condition to renewal of a license under this chapter.
336 Section 11. Section 58-28-307 , which is renumbered from Section 58-28-8 is
337 renumbered and amended to read:

338 [58-28-8]. 58-28-307. Exemptions from chapter.
339 In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
340 apply to:
341 (1) any person who practices veterinary medicine, surgery, or dentistry upon any
342 animal owned by him, and the employee of that person when the practice is upon an animal
343 owned by his employer, and incidental to his employment, except [that]:
344 (a) this exemption does not apply to any person, or his employee, when the ownership
345 of an animal was acquired for the purpose of circumventing this chapter; and
346 (b) this exemption does not apply to the administration, dispensing, or prescribing of a
347 prescription drug, or nonprescription drug intended for off label use, unless the administration,
348 dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient
349 relationship;
350 (2) any person who as a student at a veterinary college approved by the board engages
351 in the practice of veterinary medicine, surgery, and dentistry as part of his academic training
352 and under the direct supervision and control of a licensed veterinarian, if that practice is during
353 the last two years of the college course of instruction and does not exceed an 18-month
354 duration;
355 (3) a veterinarian who is an officer or employee of the government of the United
356 States, or the state, or its political subdivisions, and technicians under his supervision, while
357 engaged in the practice of veterinary medicine, surgery, or dentistry for that government;
358 (4) any person while engaged in the vaccination of poultry, pullorum testing, typhoid
359 testing of poultry, and related poultry disease control activity;
360 (5) any person who is engaged in bona fide and legitimate medical, dental,
361 pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or
362 dentistry is directly related to, and a necessary part of, that research;
363 (6) veterinarians licensed under the laws of another state rendering professional
364 services in association with licensed veterinarians of this state for a period not to exceed 90
365 days;

366 (7) registered pharmacists of this state engaged in the sale of veterinary supplies,
367 instruments, and medicines, if the sale is at his regular place of business;
368 (8) [except as otherwise provided in Subsection 58-28-2 (6)(d),] any person in this state
369 engaged in the sale of veterinary supplies, instruments, and medicines, except prescription
370 drugs which must be sold in compliance with state and federal regulations, if the supplies,
371 instruments, and medicines are sold in original packages bearing adequate identification and
372 directions for application and administration and the sale is made in the regular course of, and
373 at the regular place of business;
374 (9) any person rendering emergency first aid to animals in those areas where a licensed
375 veterinarian is not available, and if suspicious reportable diseases are reported immediately to
376 the state veterinarian;
377 (10) any person performing or teaching nonsurgical bovine artificial insemination;
378 (11) any person affiliated with an institution of higher education who teaches
379 nonsurgical bovine embryo transfer or any technician trained by or approved by an institution
380 of higher education who performs nonsurgical bovine embryo transfer, but only if any
381 prescription drug used in the procedure is prescribed and administered under the direction of a
382 veterinarian licensed to practice in Utah; [and]
383 (l2) (a) upon written referral by a licensed veterinarian, the practice of animal
384 chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
385 Practice Act, who has completed an animal chiropractic course approved by the American
386 Veterinary Chiropractic Association or the division;
387 (b) upon written referral by a licensed veterinarian, the practice of animal physical
388 therapy by a physical therapist licensed under Chapter 24a, Physical Therapist Practice Act,
389 who has completed at least 100 hours of animal physical therapy training, including quadruped
390 anatomy and hands-on training, approved by the division; [and]
391 (c) upon written referral by a licensed veterinarian, the practice of animal massage
392 therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act,
393 who has completed at least 60 hours of animal massage therapy training, including quadruped

394 anatomy and hands-on training, approved by the division[.]; and
395 (d) upon written referral by a licensed veterinarian, the practice of acupuncture by an
396 acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a
397 course of study on animal acupuncture approved by the division;
398 (13) unlicensed assistive personnel performing duties appropriately delegated to the
399 unlicensed assistive personnel in accordance with Section 58-28-502 ;
400 (14) an animal shelter employee who is:
401 (a) acting under the indirect supervision of a licensed veterinarian; and
402 (b) performing animal euthanasia in the course and scope of employment; and
403 (15) an individual providing appropriate training for animals, however, this exception
404 does not include diagnosing any medical condition, or prescribing or dispensing any
405 prescription drugs or therapeutics.
406 Section 12. Section 58-28-308 is enacted to read:
407 58-28-308. Provisions for current practitioners.
408 An individual who, as of August 1, 2006, is practicing as a veterinarian intern under
409 supervision of a veterinarian licensed under this chapter shall receive a temporary license to
410 practice in the state as a veterinary intern:
411 (1) if, prior to August 1, 2006, the individual submits an application and any required
412 fees to the division to obtain licensure under this chapter as a veterinary intern; and
413 (2) while the application for licensure is pending with the division.
414 Section 13. Section 58-28-401 , which is renumbered from Section 58-28-7.5 is
415 renumbered and amended to read:
416 Part 4. Licensing Denial and Discipline
417 [58-28-7.5]. 58-28-401. Grounds for denial of license -- Disciplinary
418 proceedings.
419 Grounds for refusal to issue a license to an applicant, for refusal to renew the license of
420 a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a
421 public or private reprimand to a licensee, and to issue cease and desist orders shall be in

422 accordance with Section 58-1-401 .
423 Section 14. Section 58-28-501 is enacted to read:
424 Part 5. Unlawful and Unprofessional Conduct - Penalties
425 58-28-501. Unlawful conduct.
426 Unlawful conduct includes, in addition to the definitions in Section 58-1-501 :
427 (1) fraudulently issuing or using any health certificate, inspection certificate,
428 vaccination certificate, test chart, or any other certificate relating to the existence of animal
429 diseases or the sale of animal products for human consumption;
430 (2) willfully misrepresenting any findings in the inspection of foodstuffs of animal
431 origin; and
432 (3) fraudulently misapplying or reporting any intradermal, cutaneous, subcutaneous,
433 serological, or chemical test.
434 Section 15. Section 58-28-502 is enacted to read:
435 58-28-502. Unprofessional conduct.
436 (1) "Unprofessional conduct" includes, in addition to the definitions in Section
437 58-1-501 :
438 (a) applying unsanitary methods or procedures in the treatment of any animal, contrary
439 to rules adopted by the board and approved by the division;
440 (b) procuring any fee or recompense on the assurance that a manifestly incurable
441 diseased condition of the body of an animal can be permanently cured;
442 (c) rendering professional service in association with a person who is not licensed and
443 does not hold a temporary permit;
444 (d) sharing fees with any person, except a licensed veterinarian, for services actually
445 performed;
446 (e) selling any biologics containing living or dead organisms or products or such
447 organisms, except in a manner which will prevent indiscriminate use of such biologics;
448 (f) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
449 practice of veterinary medicine, surgery, or dentistry;

450 (g) willful failure to report any dangerous, infectious, or contagious disease, as required
451 by law;
452 (h) willful failure to report the results of any medical tests, as required by law, or rule
453 adopted pursuant to law;
454 (i) violating Chapter 37, Utah Controlled Substances Act;
455 (j) delegating tasks to unlicensed assistive personnel in violation of standards of the
456 profession and in violation of Subsection (2); and
457 (k) making any unsubstantiated claim of superiority in training or skill as a veterinarian
458 in the performance of professional services.
459 (2) (a) "Unprofessional conduct" does not include the following:
460 (i) delegating to a veterinary technologist, while under the indirect supervision of a
461 veterinarian licensed under this chapter, patient care and treatment that requires a technical
462 understanding of veterinary medicine if written or oral instructions are provided to the
463 technologist by the veterinarian;
464 (ii) delegating to a veterinary technician, while under the direct supervision of a
465 veterinarian licensed under this chapter, patient care and treatment that requires a technical
466 understanding of veterinary medicine if written or oral instructions are provided to the
467 technician by the veterinarian; and
468 (iii) delegating to a veterinary assistant, under the immediate supervision of a licensed
469 veterinarian, tasks that are consistent with the standards and ethics of the profession.
470 (b) The delegation of tasks permitted under Subsection (2)(a) does not include:
471 (i) diagnosing;
472 (ii) prognosing;
473 (iii) surgery; or
474 (iv) prescribing drugs, medicines, or appliances.
475 Section 16. Section 58-28-503 is enacted to read:
476 58-28-503. Penalty for unlawful or unprofessional conduct.
477 (1) Any person who violates the unlawful conduct provisions of Section 58-28-501 is

478 guilty of a third degree felony.
479 (2) After proceeding pursuant to Title 63, Chapter 46b, Administrative Procedures Act,
480 and Chapter 1, Division of Occupational and Professional Licensing Act, the division may
481 impose administrative penalties of up to $10,000 for acts of unprofessional conduct or
482 unlawful conduct under this chapter.
483 (3) Assessment of a penalty under this section does not affect any other action the
484 division is authorized to take regarding a license issued under this chapter.
485 Section 17. Section 58-28-601 , which is renumbered from Section 58-28-9 is
486 renumbered and amended to read:
487 Part 6. Standards of Practice
488 [58-28-9]. 58-28-601. Animal abandonment.
489 (1) Any animal which suffers abandonment for a period of [ten] five days may be sold
490 or placed in the custody of the nearest humane society or county dog pound if the animal is not
491 picked up within seven days after mailing a notification, by certified mail, to the last known
492 address of the person placing the animal in the veterinarian's custody. If no humane society or
493 dog pound is located in the county, the animal may be disposed of in a humane manner.
494 (2) A veterinarian who complies with this section is relieved from liability for the
495 disposal or sale of abandoned animals.
496 Section 18. Section 58-28-602 is enacted to read:
497 58-28-602. Cruelty to animals -- Immunity for reporting.
498 A licensed veterinarian who in good faith and in the normal course of business, reports
499 a suspected case of animal cruelty to law enforcement or the proper authorities is immune from
500 liability in any civil or criminal action brought against the veterinarian for reporting the
501 suspected cruelty.
502 Section 19. Section 58-28-603 is enacted to read:
503 58-28-603. Medical records.
504 Medical records maintained by a person licensed under this chapter:
505 (1) shall meet the standards and ethics of the profession;

506 (2) shall be maintained in accordance with administrative rules adopted by the division
507 in consultation with the board; and
508 (3) may be maintained in electronic format.
509 Section 20. Section 58-28-604 is enacted to read:
510 58-28-604. Veterinarian-client-patient relationship.
511 (1) A licensee under this chapter may only practice under a veterinarian-client-patient
512 relationship as defined in Section 58-28-102 .
513 (2) A veterinarian-client-patient relationship may not be established solely by
514 telephone or other electronic means.
515 Section 21. Section 58-28-605 is enacted to read:
516 58-28-605. Veterinarian-client-patient confidentiality.
517 (1) A licensee under this chapter may not disclose information about the licensee's care
518 of an animal to anyone other than the client, as defined in Section 58-28-102 , unless:
519 (a) the client consents to the disclosure in writing;
520 (b) disclosure to public health officials, animal health or welfare officials, agricultural
521 authorities, or federal, state, or local officials is required, or necessary to protect the animal or
522 to protect public health;
523 (c) disclosure is required by court order or subpoena; or
524 (d) the client has placed the veterinarian's care or treatment of the animal or the nature
525 or extent of injuries to the animal at issue in a civil or criminal proceeding.
526 (2) A licensee who releases medical records under the provisions of this section is not
527 liable to the client or any other person for the release of the records.
528 Section 22. Section 58-47b-102 is amended to read:
529 58-47b-102. Definitions.
530 In addition to the definitions in Section 58-1-102 , as used in this chapter:
531 (1) "Board" means the [Utah] Board of Massage Therapy created in Section
532 58-47b-201 .
533 (2) "Breast" means the female mammary gland and does not include the muscles,

534 connective tissue, or other soft tissue of the upper chest.
535 (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
536 muscular system.
537 (4) "Massage apprentice" means an individual licensed under this chapter as a massage
538 apprentice to work under the direct supervision of a licensed massage therapist.
539 (5) "Massage therapist" means an individual licensed under this chapter as a massage
540 therapist.
541 (6) "Practice of massage therapy" means:
542 (a) the examination, assessment, and evaluation of the soft tissue structures of the body
543 for the purpose of devising a treatment plan to promote homeostasis;
544 (b) the systematic manual or mechanical manipulation of the soft tissue of the body for
545 the therapeutic purpose of:
546 (i) promoting the health and well-being of a client;
547 (ii) enhancing the circulation of the blood and lymph;
548 (iii) relaxing and lengthening muscles;
549 (iv) relieving pain;
550 (v) restoring metabolic balance; and
551 (vi) achieving homeostasis;
552 (c) the use of the hands or a mechanical or electrical apparatus in connection with this
553 Subsection (6);
554 (d) the use of rehabilitative procedures involving the soft tissue of the body;
555 (e) range of motion or movements without spinal adjustment as set forth in Section
556 58-73-102 ;
557 (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and
558 cabinet baths;
559 (g) manual traction and stretching exercise;
560 (h) correction of muscular distortion by treatment of the soft tissues of the body;
561 (i) counseling, education, and other advisory services to reduce the incidence and

562 severity of physical disability, movement dysfunction, and pain;
563 (j) similar or related activities and modality techniques; and
564 (k) the practice described in this Subsection (6) on an animal to the extent permitted
565 by:
566 (i) Subsection [ 58-28-8 ] 58-28-307 (12);
567 (ii) the provisions of this chapter; and
568 (iii) division rule.
569 (7) "Soft tissue" means the muscles and related connective tissue.
570 (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501 .
571 (9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and as
572 may be further defined by division rule.
573 Section 23. Section 58-72-102 is amended to read:
574 58-72-102. Acupuncture licensing -- Definitions.
575 In addition to the definitions in Section 58-1-102 , as used in this chapter:
576 (1) "Acupuncturist" means a person who has been licensed under this chapter to
577 practice acupuncture.
578 (2) "Board" means the Acupuncture Licensing Board created in Section 58-72-201 .
579 (3) "Moxibustion" means a heat therapy that uses the herb moxa to heat acupuncture
580 points of the body.
581 (4) (a) "Practice of acupuncture" means the insertion of acupuncture needles and
582 application of moxibustion to specific areas of the human body based on traditional oriental
583 medical diagnosis and concepts as a primary mode of therapy. Adjunctive therapies within the
584 scope of acupuncture may include:
585 (i) manual, mechanical, thermal, electrical, and electromagnetic treatments based on
586 traditional oriental medical diagnosis and concepts; [and]
587 (ii) the recommendation of dietary guidelines and therapeutic exercise based on
588 traditional oriental medical diagnosis and concepts[.]; and
589 (iii) the practice described in this Subsection (4)(a) on an animal to the extent

590 permitted by:
591 (A) Subsection 58-28-307 (12);
592 (B) the provisions of this chapter; and
593 (C) division rule.
594 (b) "Practice of acupuncture" does not include:
595 (i) the manual manipulation or adjustment of the joints of the human body beyond the
596 elastic barrier; or
597 (ii) the "manipulation of the articulation of the spinal column" as defined in Section
598 58-73-102 .
599 (5) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-72-503 , and as
600 may be further defined by rule.
601 Section 24. Section 58-73-102 is amended to read:
602 58-73-102. Definitions.
603 (1) "Adjustment of the articulation of the spinal column" means performance by a
604 chiropractic physician by the use of passive movements directed toward the goal of restoring
605 joints to their proper physiological relationship of motion and related function, releasing
606 adhesions, or stimulating joint receptors using one or more of the following techniques:
607 (a) impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a
608 nature that the patient cannot prevent the motion, commencing where the motion encounters
609 the elastic barrier of resistance and ends at the limit of anatomical integrity;
610 (b) instrument adjusting, utilizing instruments specifically designed to deliver sudden,
611 high velocity, short amplitude thrust;
612 (c) light force adjusting utilizing sustained joint traction or applied directional pressure,
613 or both, which may be combined with passive motion to restore joint mobility; and
614 (d) long distance lever adjusting utilizing forces delivered at some distance from the
615 dysfunctional site and aimed at transmission through connected structures to accomplish joint
616 mobility.
617 (2) "Board" means the Chiropractic Physician Licensing Board created in Section

618 58-73-201 .
619 (3) "Chiropractic assistant" means a person who performs activities related to the
620 practice of chiropractic under the supervision of a licensed chiropractic physician in accordance
621 with division rule established in collaboration with the board.
622 (4) "Chiropractic physician" means a person who has been licensed under this chapter
623 to practice chiropractic.
624 (5) "Diagnosis of the articulation of the spinal column" means to examine the
625 articulations of the spinal column of another human to determine the source, nature, kind, or
626 extent of a disease, vertebral sublixation, or other physical condition, and to make a
627 determination of the source, nature, kind, or extent of a disease or other physical condition.
628 (6) "Elastic barrier" means the point at which the patient cannot move a joint by his
629 own means and through which movement is obtained or caused by a practitioner's skillful
630 treatment using the practitioner's hands in a manipulation of a joint by thrust of sudden, high
631 velocity, short amplitude so the patient cannot prevent the motion.
632 (7) "Incisive surgery" means any procedure having the power or quality of cutting of a
633 patient for the purpose of treating disease, injury, or deformity, and includes the use of laser.
634 (8) (a) "Manipulate the articulation of the spinal column" means use by a practitioner
635 of a skillful treatment using the practitioner's hands in a manipulation of a joint by thrust of
636 sudden, high velocity, short amplitude so the patient cannot prevent the motion. Movement of
637 the joint is by force beyond its active limit of motion.
638 (b) This manipulation commences where mobilization ends and specifically begins
639 when the elastic barrier of resistance is encountered and ends at the limit of anatomical
640 integrity.
641 (c) Manipulation as described in this definition is directed to the goal of restoring joints
642 to their proper physiological relationship of motion and related function, releasing adhesions,
643 or stimulating joint receptors.
644 (9) "Practice of chiropractic" means a practice of a branch of the healing arts:
645 (a) the purpose of which is to restore or maintain human health, in which patient care

646 or first aid, hygienic, nutritional, or rehabilitative procedures are administered;
647 (b) which places emphasis upon specific vertebral adjustment, manipulation, and
648 treatment of the articulation and adjacent tissues of the spinal column, musculoskeletal
649 structure of the body, and nervous system;
650 (c) that involves examining, diagnosing, treating, correcting, or prescribing treatment
651 for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, or the
652 attempt to do so, in accordance with Section 58-73-601 ;
653 (d) that involves diagnosing, prescribing treatment, or making a determination of
654 treatment necessity for another person's condition by means of:
655 (i) a physical examination of the person; or
656 (ii) a determination based upon or derived from information supplied directly or
657 indirectly by a third person; and
658 (e) the practice described in this Subsection (9) on an animal to the extent permitted
659 by:
660 (i) Subsection [ 58-28-8 ] 58-28-307 (12);
661 (ii) the provisions of this chapter; and
662 (iii) division rule.
663 (10) "Therapeutically position the articulation of the spinal column" means to adjust or
664 manipulate the articulation of the spinal column.
665 Section 25. Repealer.
666 This bill repeals:
667 Section 58-28-10, Violation of chapter -- Misdemeanor.