Chief Sponsor: Michael K. McKell

Senate Sponsor: ____________


8     General Description:
9          This bill amends the Veterinary Practice Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms; and
13          ▸     allows certain individuals to perform teeth floating under the direct supervision of a
14     licensed veterinarian.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          58-28-102, as last amended by Laws of Utah 2010, Chapter 189
22          58-28-307, as last amended by Laws of Utah 2014, Chapter 191
23          58-28-502, as last amended by Laws of Utah 2015, Chapter 61

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 58-28-102 is amended to read:
27          58-28-102. Definitions.

28          In addition to the definitions in Section 58-1-102, as used in this chapter:
29          (1) "Abandonment" means to forsake entirely or to refuse to provide care and support
30     for an animal placed in the custody of a licensed veterinarian.
31          (2) "Administer" means:
32          (a) the direct application by a person of a prescription drug or device by injection,
33     inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a
34     research subject; or
35          (b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
36     for application by injection, inhalation, ingestion, or any other means to the body of the animal
37     by the owner or caretaker in accordance with the veterinarian's written directions.
38          (3) "Animal" means any animal other than a human.
39          (4) "AVMA" means American Veterinary Medical Association.
40          (5) "Board" means the Veterinary Board established in Section 58-28-201.
41          (6) "Client" means the patient's owner, the owner's agent, or other person responsible
42     for the patient.
43          (7) "Direct supervision" means a veterinarian licensed under this chapter is present and
44     available for face-to-face contact with the patient and person being supervised, at the time the
45     patient is receiving veterinary care.
46          (8) (a) "Equine dentistry" means any diagnosis, treatment, or surgical procedure
47     performed on the head or oral cavity of an equine animal.
48          (b) "Equine dentistry" includes:
49          (i) any procedure that invades the tissue of the oral cavity, including a procedure to:
50          (A) remove a sharp enamel projection;
51          (B) treat malocclusions of a tooth;
52          (C) reshape a tooth; or
53          (D) extract a tooth;
54          (ii) the treatment or extraction of a damaged or diseased tooth;
55          (iii) the treatment of a diseased tooth through restoration and endodontic procedures;
56          (iv) a periodontal treatment, including:
57          (A) the removal of calculus, soft deposits, plaque, and stains above the gum line; and
58          (B) the smoothing, filing, and polishing of tooth surfaces;

59          (v) dental radiography; and
60          (vi) teeth floating.
61          [(8)] (9) "Extra-label use" means actual use or intended use of a drug in an animal in a
62     manner that is not in accordance with approved labeling.
63          [(9)] (10) "Immediate supervision" means the veterinarian licensed under this chapter
64     is present with the individual being supervised, while the individual is performing the
65     delegated tasks.
66          [(10)] (11) "Indirect supervision" means a veterinarian licensed under this chapter:
67          (a) has given either written or verbal instructions for veterinary care of a patient to the
68     person being supervised; and
69          (b) is available to the person being supervised by telephone or other electronic means
70     of communication during the period of time in which the veterinary care is given to the patient.
71          [(11)] (12) (a) "Practice of veterinary medicine, surgery, and dentistry" means to:
72          [(a)] (i) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
73     physical condition of any animal;
74          [(b)] (ii) administer, prescribe or dispense any drug, medicine, treatment, method, or
75     practice, perform any operation or manipulation, apply any apparatus or appliance for the cure,
76     relief, or correction of any animal disease, deformity, defect, wound, or injury, or otherwise
77     practice any veterinary medicine, dentistry, or surgery on any animal;
78          [(c)] (iii) represent by verbal or written claim, sign, word, title, letterhead, card, or any
79     other manner that one is a licensed veterinarian or qualified to practice veterinary medicine,
80     surgery, or dentistry;
81          [(d)] (iv) hold oneself out as able to practice veterinary medicine, surgery, or dentistry;
82          [(e)] (v) solicit, sell, or furnish any parenterally administered animal disease cures,
83     preventions, or treatments, with or without the necessary instruments for the administration of
84     them, or any and all worm and other internal parasitic remedies, upon any agreement, express
85     or implied, to administer these cures, preventions, treatments, or remedies; or
86          [(f)] (vi) assume or use the title or designation, "veterinary," "veterinarian," "animal
87     doctor," "animal surgeon," or any other title, designation, words, letters, abbreviations, sign,
88     card, or device tending to indicate that such person is qualified to practice veterinary medicine,
89     surgery, or dentistry.

90          (b) "Practice of veterinary medicine, surgery, and dentistry" includes equine dentistry.
91          (13) (a) "Teeth floating" means the use of a sedative drug or a motorized, high speed
92     tool to reduce or eliminate sharp or uneven edges on a tooth.
93          (b) "Teeth floating" does not include teeth cleaning or preventive dental procedures
94     that are limited to the use of:
95          (i) cotton swabs, gauze, dental floss, toothbrushes, or other nonpowered tools; or
96          (ii) dentifrice, topical analgesics, or other nonsedative drugs.
97          [(12)] (14) "Unlawful conduct" is defined in Sections 58-1-501 and 58-28-501.
98          [(13)] (15) "Unlicensed assistive personnel":
99          (a) means any unlicensed person, regardless of title, to whom tasks are delegated by a
100     veterinarian licensed under this chapter as permitted by administrative rule and in accordance
101     with the standards of the profession; and
102          (b) includes:
103          (i) a veterinary assistant, if working under immediate supervision;
104          (ii) a veterinary technician who:
105          (A) has graduated from a program of veterinary technology accredited by the AVMA
106     that is at least a two-year program; and
107          (B) [who] is working under direct supervision; [and]
108          (iii) an equine dental technician who:
109          (A) has graduated from a program of equine dental technology accredited by an entity
110     that is approved by the division, in collaboration with the board, by rule made in accordance
111     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
112          (B) is working under direct supervision; and
113          [(iii)] (iv) a veterinary technologist who:
114          (A) has graduated from a four-year program of veterinary technology accredited by the
115     AVMA; and
116          (B) is working under indirect supervision.
117          [(14)] (16) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-28-502
118     and may be further defined by rule.
119          [(15)] (17) "Veterinarian-client-patient relationship" means:
120          (a) a veterinarian licensed under this chapter has assumed responsibility for making

121     clinical [judgements] judgments regarding the health of an animal and the need for medical
122     treatment of an animal, and the client has agreed to follow the veterinarian's instructions;
123          (b) the veterinarian has sufficient knowledge of the animal to initiate at least a general
124     or preliminary diagnosis of the medical condition of the animal, including knowledge of the
125     keeping and care of the animal as a result of recent personal examination of the animal or by
126     medically appropriate visits to the premises where the animal is housed; and
127          (c) the veterinarian has arranged for emergency coverage for follow-up evaluation in
128     the event of adverse reaction or the failure of the treatment regimen.
129          Section 2. Section 58-28-307 is amended to read:
130          58-28-307. Exemptions from chapter.
131          In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
132     apply to:
133          (1) any person who practices veterinary medicine, surgery, or dentistry upon any
134     animal owned by him, and the employee of that person when the practice is upon an animal
135     owned by his employer, and incidental to his employment, except:
136          (a) this exemption does not apply to any person, or his employee, when the ownership
137     of an animal was acquired for the purpose of circumventing this chapter; and
138          (b) this exemption does not apply to the administration, dispensing, or prescribing of a
139     prescription drug, or nonprescription drug intended for off label use, unless the administration,
140     dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient
141     relationship;
142          (2) any [person] individual who as a student at a veterinary college approved by the
143     board engages in the practice of veterinary medicine, surgery, and dentistry as part of his
144     academic training and under the direct supervision and control of a licensed veterinarian, if that
145     practice is during the last two years of the college course of instruction and does not exceed an
146     18-month duration;
147          (3) a veterinarian who is an officer or employee of the government of the United
148     States, or the state, or its political subdivisions, and technicians under his supervision, while
149     engaged in the practice of veterinary medicine, surgery, or dentistry for that government;
150          (4) any person while engaged in the vaccination of poultry, pullorum testing, typhoid
151     testing of poultry, and related poultry disease control activity;

152          (5) any person who is engaged in bona fide and legitimate medical, dental,
153     pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or
154     dentistry is directly related to, and a necessary part of, that research;
155          (6) veterinarians licensed under the laws of another state rendering professional
156     services in association with licensed veterinarians of this state for a period not to exceed 90
157     days;
158          (7) registered pharmacists of this state engaged in the sale of veterinary supplies,
159     instruments, and medicines, if the sale is at his regular place of business;
160          (8) any person in this state engaged in the sale of veterinary supplies, instruments, and
161     medicines, except prescription drugs which must be sold in compliance with state and federal
162     regulations, if the supplies, instruments, and medicines are sold in original packages bearing
163     adequate identification and directions for application and administration and the sale is made in
164     the regular course of, and at the regular place of business;
165          (9) any person rendering emergency first aid to animals in those areas where a licensed
166     veterinarian is not available, and if suspicious reportable diseases are reported immediately to
167     the state veterinarian;
168          (10) any person performing or teaching nonsurgical bovine artificial insemination;
169          (11) any person affiliated with an institution of higher education who teaches
170     nonsurgical bovine embryo transfer or any technician trained by or approved by an institution
171     of higher education who performs nonsurgical bovine embryo transfer, but only if any
172     prescription drug used in the procedure is prescribed and administered under the direction of a
173     veterinarian licensed to practice in Utah;
174          (12) (a) upon written referral by a licensed veterinarian, the practice of animal
175     chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
176     Practice Act, who has completed an animal chiropractic course approved by the American
177     Veterinary Chiropractic Association or the division;
178          (b) upon written referral by a licensed veterinarian, the practice of animal physical
179     therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who
180     has completed at least 100 hours of animal physical therapy training, including quadruped
181     anatomy and hands-on training, approved by the division;
182          (c) upon written referral by a licensed veterinarian, the practice of animal massage

183     therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act,
184     who has completed at least 60 hours of animal massage therapy training, including quadruped
185     anatomy and hands-on training, approved by the division; and
186          (d) upon written referral by a licensed veterinarian, the practice of acupuncture by an
187     acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a
188     course of study on animal acupuncture approved by the division;
189          (13) unlicensed assistive personnel performing duties appropriately delegated to the
190     unlicensed assistive personnel in accordance with Section 58-28-502;
191          (14) an animal shelter employee who is:
192          (a) (i) acting under the indirect supervision of a licensed veterinarian; and
193          (ii) performing animal euthanasia in the course and scope of employment; and
194          (b) acting under the indirect supervision of a veterinarian who is under contract with
195     the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the
196     Compendium of Animal Rabies Prevention and Control; [and]
197          (15) an individual providing appropriate training for animals; however, this exception
198     does not include diagnosing any medical condition, or prescribing or dispensing any
199     prescription drugs or therapeutics[.]; and
200          (16) an individual performing a teeth cleaning or preventive dental procedure that is
201     limited to the use of:
202          (a) cotton swabs, gauze, dental floss, toothbrushes, or other nonpowered tools; or
203          (b) dentifrice, topical analgesics, or other nonsedative drugs.
204          Section 3. Section 58-28-502 is amended to read:
205          58-28-502. Unprofessional conduct.
206          (1) "Unprofessional conduct" includes, in addition to the definitions in Section
207     58-1-501:
208          (a) applying unsanitary methods or procedures in the treatment of any animal, contrary
209     to rules adopted by the board and approved by the division;
210          (b) procuring any fee or recompense on the assurance that a manifestly incurable
211     diseased condition of the body of an animal can be permanently cured;
212          (c) selling any biologics containing living or dead organisms or products or such
213     organisms, except in a manner which will prevent indiscriminate use of such biologics;

214          (d) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
215     practice of veterinary medicine, surgery, or dentistry;
216          (e) willful failure to report any dangerous, infectious, or contagious disease, as required
217     by law;
218          (f) willful failure to report the results of any medical tests, as required by law, or rule
219     adopted pursuant to law;
220          (g) violating Chapter 37, Utah Controlled Substances Act;
221          (h) delegating tasks to unlicensed assistive personnel in violation of standards of the
222     profession and in violation of Subsection (2); and
223          (i) making any unsubstantiated claim of superiority in training or skill as a veterinarian
224     in the performance of professional services.
225          (2) (a) "Unprofessional conduct" does not include the following:
226          (i) delegating to a veterinary technologist, while under the indirect supervision of a
227     veterinarian licensed under this chapter, patient care and treatment that requires a technical
228     understanding of veterinary medicine if written or oral instructions are provided to the
229     technologist by the veterinarian;
230          (ii) delegating to a veterinary technician or an equine dental technician, while under the
231     direct supervision of a veterinarian licensed under this chapter, patient care and treatment that
232     requires a technical understanding of veterinary medicine if written or oral instructions are
233     provided to the veterinary technician or the equine dental technician by the veterinarian; [and]
234          (iii) delegating teeth floating to a veterinary technologist, veterinary technician, or
235     equine dental technician while the veterinary technologist, veterinary technician, or equine
236     dental technician are under direct supervision; and
237          [(iii)] (iv) delegating to a veterinary assistant, under the immediate supervision of a
238     licensed veterinarian, tasks that are consistent with the standards and ethics of the profession.
239          (b) The delegation of tasks permitted under Subsection (2)(a) does not include:
240          (i) diagnosing;
241          (ii) prognosing;
242          (iii) surgery; or
243          (iv) prescribing drugs, medicines, or appliances.