H.B. 285 Enrolled

1

PRACTICE OF VETERINARY MEDICINE
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John G. Mathis
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill amends the Veterinary Practice Act.
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of "practice of veterinary medicine, surgery, and dentistry";
13 and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 58-28-102, as renumbered and amended by Laws of Utah 2006, Chapter 109
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 58-28-102 is amended to read:
25 58-28-102. Definitions.
26 In addition to the definitions in Section 58-1-102 , as used in this chapter:
27 (1) "Abandonment" means to forsake entirely or to refuse to provide care and support
28 for an animal placed in the custody of a licensed veterinarian.
29 (2) "Administer" means:

30 (a) the direct application by a person of a prescription drug or device by injection,
31 inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a
32 research subject; or
33 (b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
34 for application by injection, inhalation, ingestion, or any other means to the body of the animal
35 by the owner or caretaker in accordance with the veterinarian's written directions.
36 (3) "Animal" means any animal other than a human.
37 (4) "AVMA" means American Veterinary Medical Association.
38 (5) "Board" means the Veterinary Board established in Section 58-28-201 .
39 (6) "Client" means the patient's owner, the owner's agent, or other person responsible
40 for the patient.
41 (7) "Direct supervision" means a veterinarian licensed under this chapter is present
42 and available for face-to-face contact with the patient and person being supervised, at the time
43 the patient is receiving veterinary care.
44 (8) "Extra-label use" means actual use or intended use of a drug in an animal in a
45 manner that is not in accordance with approved labeling.
46 (9) "Immediate supervision" means the veterinarian licensed under this chapter is
47 present with the individual being supervised, while the individual is performing the delegated
48 tasks.
49 (10) "Indirect supervision" means a veterinarian licensed under this chapter:
50 (a) has given either written or verbal instructions for veterinary care of a patient to the
51 person being supervised; and
52 (b) is available to the person being supervised by telephone or other electronic means
53 of communication during the period of time in which the veterinary care is given to the
54 patient.
55 (11) "Practice of veterinary medicine, surgery, and dentistry" means to:
56 (a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
57 physical condition of any animal;

58 (b) administer [or], prescribe or dispense any drug, medicine, treatment, method, or
59 practice, [or] perform any operation or manipulation, [or] apply any apparatus or appliance for
60 the cure, relief, or correction of any animal disease, deformity, defect, wound, or injury, or
61 otherwise practice any veterinary medicine, dentistry, or surgery on any animal;
62 (c) represent by verbal or written claim, sign, word, title, letterhead, card, or [in] any
63 other manner that one is a licensed veterinarian[,] or [one] qualified to practice veterinary
64 medicine, surgery, or dentistry[, or];
65 (d) hold oneself out as able to practice veterinary medicine, surgery, or dentistry;
66 [(d)] (e) solicit, sell, or furnish any parenterally administered animal disease cures,
67 preventions, or treatments, with or without the necessary instruments for the administration of
68 them, or any and all worm and other internal parasitic remedies, upon any agreement, express
69 or implied, to administer these cures, preventions, treatments, or remedies; or
70 [(e)] (f) assume or use the title or designation, "veterinary," "veterinarian," "animal
71 doctor," "animal surgeon," or any other title, designation, words, letters, abbreviations, sign,
72 card, or device tending to indicate that such person is qualified to practice veterinary
73 medicine, surgery, or dentistry.
74 (12) "Unlawful conduct" is defined in Sections 58-1-501 and 58-28-501 .
75 (13) "Unlicensed assistive personnel":
76 (a) means any unlicensed person, regardless of title, to whom tasks are delegated by a
77 veterinarian licensed under this chapter as permitted by administrative rule and in accordance
78 with the standards of the profession; and
79 (b) includes:
80 (i) a veterinary assistant, if working under immediate supervision;
81 (ii) a veterinary technician who:
82 (A) has graduated from a program of veterinary technology accredited by the AVMA
83 that is at least a two-year program; and
84 (B) who is working under direct supervision; and
85 (iii) a veterinary technologist who:

86 (A) has graduated from a four-year program of veterinary technology accredited by the
87 AVMA; and
88 (B) is working under indirect supervision.
89 (14) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-28-502 and
90 may be further defined by rule.
91 (15) "Veterinarian-client-patient relationship" means:
92 (a) a veterinarian licensed under this chapter has assumed responsibility for making
93 clinical judgements regarding the health of an animal and the need for medical treatment of an
94 animal, and the client has agreed to follow the veterinarian's instructions;
95 (b) the veterinarian has sufficient knowledge of the animal to initiate at least a general
96 or preliminary diagnosis of the medical condition of the animal, including knowledge of the
97 keeping and care of the animal as a result of recent personal examination of the animal or by
98 medically appropriate visits to the premises where the animal is housed; and
99 (c) the veterinarian has arranged for emergency coverage for follow-up evaluation in
100 the event of adverse reaction or the failure of the treatment regimen.