1     
VETERINARY PRACTICE ACT AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeremy A. Peterson

5     
Senate Sponsor: Kevin T. Van Tassell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the licensing of veterinarians.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies unprofessional conduct standards for licensed veterinarians; and
13          ▸     amends provisions relating to the ownership or control of a veterinary organization.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          58-28-502, as enacted by Laws of Utah 2006, Chapter 109
21     ENACTS:
22          58-28-606, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-28-502 is amended to read:
26          58-28-502. Unprofessional conduct.
27          (1) "Unprofessional conduct" includes, in addition to the definitions in Section
28     58-1-501:
29          (a) applying unsanitary methods or procedures in the treatment of any animal, contrary
30     to rules adopted by the board and approved by the division;
31          (b) procuring any fee or recompense on the assurance that a manifestly incurable
32     diseased condition of the body of an animal can be permanently cured;
33          [(c) rendering professional service in association with a person who is not licensed and
34     does not hold a temporary permit;]
35          [(d) sharing fees with any person, except a licensed veterinarian, for services actually
36     performed;]
37          [(e)] (c) selling any biologics containing living or dead organisms or products or such
38     organisms, except in a manner which will prevent indiscriminate use of such biologics;
39          [(f)] (d) swearing falsely in any testimony or affidavit, relating to, or in the course of,
40     the practice of veterinary medicine, surgery, or dentistry;
41          [(g)] (e) willful failure to report any dangerous, infectious, or contagious disease, as
42     required by law;
43          [(h)] (f) willful failure to report the results of any medical tests, as required by law, or
44     rule adopted pursuant to law;
45          [(i)] (g) violating Chapter 37, Utah Controlled Substances Act;
46          [(j)] (h) delegating tasks to unlicensed assistive personnel in violation of standards of
47     the profession and in violation of Subsection (2); and
48          [(k)] (i) making any unsubstantiated claim of superiority in training or skill as a
49     veterinarian in the performance of professional services.
50          (2) (a) "Unprofessional conduct" does not include the following:
51          (i) delegating to a veterinary technologist, while under the indirect supervision of a
52     veterinarian licensed under this chapter, patient care and treatment that requires a technical
53     understanding of veterinary medicine if written or oral instructions are provided to the
54     technologist by the veterinarian;
55          (ii) delegating to a veterinary technician, while under the direct supervision of a
56     veterinarian licensed under this chapter, patient care and treatment that requires a technical
57     understanding of veterinary medicine if written or oral instructions are provided to the
58     technician by the veterinarian; and
59          (iii) delegating to a veterinary assistant, under the immediate supervision of a licensed
60     veterinarian, tasks that are consistent with the standards and ethics of the profession.
61          (b) The delegation of tasks permitted under Subsection (2)(a) does not include:
62          (i) diagnosing;
63          (ii) prognosing;
64          (iii) surgery; or
65          (iv) prescribing drugs, medicines, or appliances.
66          Section 2. Section 58-28-606 is enacted to read:
67          58-28-606. Veterinary corporations, partnerships, and limited liability companies
68     -- Unlicensed individuals -- Ownership of capital stock -- Service as officer or director.
69          (1) As used in this section:
70          (a) "Veterinary corporation" means a professional corporation organized to render
71     veterinary services under Title 16, Chapter 11, Professional Corporation Act.
72          (b) "Veterinary limited liability company" means a limited liability company organized
73     to render veterinary services under Title 48, Chapter 2c, Utah Revised Limited Liability
74     Company Act.
75          (c) "Veterinary partnership" means a partnership or limited liability partnership
76     organized to render veterinary services under Title 48, Chapter 1, General and Limited Liability
77     Partnerships.
78          (2) A veterinary corporation may issue or transfer shares of the veterinary corporation's
79     capital stock to a person that is not licensed to practice veterinary medicine, surgery, and
80     dentistry under this chapter.
81          (3) An individual who is not licensed to practice veterinary medicine, surgery, and
82     dentistry under this chapter:
83          (a) may not serve as an officer or director of a veterinary corporation; and
84          (b) may serve as secretary or treasurer of a veterinary corporation.
85          (4) A veterinary limited liability company or a veterinary partnership may include an
86     individual who is not licensed to practice veterinary medicine, surgery, and dentistry under this
87     chapter.