This document includes House Committee Amendments incorporated into the bill on Fri, Mar 6, 2020 at 8:28 AM by pflowers.




Chief Sponsor: Michael K. McKell

Senate Sponsor: Daniel Hemmert


9     General Description:
10          This bill addresses the state certification of veterinary technicians.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     authorizes the Division of Occupational and Professional Licensing to, in
15     consultation with the Veterinary Board, establish credentialing criteria for a state
16     certified veterinary technician;
17          ▸     establishes renewal terms for state certified veterinary technicians;
18          ▸     establishes unlawful and unprofessional conduct for state certified veterinary
19     technicians; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          58-28-102, as last amended by Laws of Utah 2019, Chapter 177

28          58-28-501, as enacted by Laws of Utah 2006, Chapter 109
29          58-28-502, as last amended by Laws of Utah 2019, Chapter 177
30     ENACTS:
31          58-28-103, Utah Code Annotated 1953
32          58-28-309, Utah Code Annotated 1953
33          58-28-310, Utah Code Annotated 1953
34          58-28-311, Utah Code Annotated 1953

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 58-28-102 is amended to read:
38          58-28-102. Definitions.
39          In addition to the definitions in Section 58-1-102, as used in this chapter:
40          (1) "Abandonment" means to forsake entirely or to refuse to provide care and support
41     for an animal placed in the custody of a licensed veterinarian.
42          (2) "Administer" means:
43          (a) the direct application by a person of a prescription drug or device by injection,
44     inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a
45     research subject; or
46          (b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
47     for application by injection, inhalation, ingestion, or any other means to the body of the animal
48     by the owner or caretaker in accordance with the veterinarian's written directions.
49          (3) "Animal" means any animal other than a human.
50          (4) "AVMA" means American Veterinary Medical Association.
51          (5) "Board" means the Veterinary Board established in Section 58-28-201.
52          (6) "Client" means the patient's owner, the owner's agent, or other person responsible
53     for the patient.
54          (7) "Direct supervision" means a veterinarian licensed under this chapter is present and
55     available for face-to-face contact with the patient and person being supervised, at the time the
56     patient is receiving veterinary care.
57          (8) "Extra-label use" means actual use or intended use of a drug in an animal in a
58     manner that is not in accordance with approved labeling.

59          (9) "Immediate supervision" means the veterinarian licensed under this chapter is
60     present with the individual being supervised, while the individual is performing the delegated
61     tasks.
62          (10) "Indirect supervision" means a veterinarian licensed under this chapter:
63          (a) has given either written or verbal instructions for veterinary care of a patient to the
64     person being supervised; and
65          (b) is available to the person being supervised by telephone or other electronic means
66     of communication during the period of time in which the veterinary care is given to the patient.
67          (11) "Practice of veterinary medicine, surgery, and dentistry" means to:
68          (a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
69     physical condition of any animal;
70          (b) administer, prescribe or dispense any drug, medicine, treatment, method, or
71     practice, perform any operation or manipulation, apply any apparatus or appliance for the cure,
72     relief, or correction of any animal disease, deformity, defect, wound, or injury, or otherwise
73     practice any veterinary medicine, dentistry, or surgery on any animal;
74          (c) represent by verbal or written claim, sign, word, title, letterhead, card, or any other
75     manner that one is a licensed veterinarian or qualified to practice veterinary medicine, surgery,
76     or dentistry;
77          (d) hold oneself out as able to practice veterinary medicine, surgery, or dentistry;
78          (e) solicit, sell, or furnish any parenterally administered animal disease cures,
79     preventions, or treatments, with or without the necessary instruments for the administration of
80     them, or any and all worm and other internal parasitic remedies, upon any agreement, express
81     or implied, to administer these cures, preventions, treatments, or remedies; or
82          (f) assume or use the title or designation, "veterinary," "veterinarian," "animal doctor,"
83     "animal surgeon," or any other title, designation, words, letters, abbreviations, sign, card, or
84     device tending to indicate that such person is qualified to practice veterinary medicine, surgery,
85     or dentistry.
86          (12) "Practice of veterinary technology" means to perform tasks that are:
87          (a) related to the care and treatment of animals;
88          (b) delegated by a veterinarian licensed under this chapter;
89          (c) performed under the direct or indirect supervision of a veterinarian licensed under

90     this chapter; and
91          (d) permitted by administrative rule and performed in accordance with the standards of
92     the profession.
93          (13) (a) "State certification" means a designation granted by the division on behalf of
94     the state to an individual who has met the requirements for state certification as a veterinary
95     technician related to the practice of veterinary technology.
96          (b) "State certification" does not grant a state certified veterinary technician the
97     exclusive right to practice veterinary technology.
98          (14) "State certified" means, when used in conjunction with the occupation of
99     veterinary technician, a title that:
100          (a) may be used by a person who has met state certification requirements related to the
101     occupation of veterinary technician as described in this chapter; and
102          (b) may not be used by a person who has not met the state certification requirements
103     related the occupation of veterinary technician as described in this chapter.
104          [(12)] (15) (a) "Teeth floating" means the removal of enamel points and the smoothing,
105     contouring, and leveling of dental arcades and incisors of equine and other farm animals.
106          (b) "Teeth floating" does not include a dental procedure on a canine or feline.
107          [(13)] (16) "Unlawful conduct" is defined in Sections 58-1-501 and 58-28-501.
108          [(14)] (17) "Unlicensed assistive personnel":
109          (a) means any unlicensed person, regardless of title, to whom tasks are delegated by a
110     veterinarian licensed under this chapter as permitted by administrative rule and in accordance
111     with the standards of the profession; and
112          (b) includes:
113          (i) a veterinary assistant, if working under immediate supervision;
114          (ii) a state certified veterinary technician;
115          [(ii)] (iii) a veterinary technician who:
116          (A) has graduated from a program of veterinary technology accredited by the AVMA
117     that is at least a two-year program; and
118          (B) [who] is working under direct supervision; and
119          [(iii)] (iv) a veterinary technologist who:
120          (A) has graduated from a four-year program of veterinary technology accredited by the

121     AVMA; and
122          (B) is working under indirect supervision.
123          [(15)] (18) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-28-502
124     and may be further defined by rule.
125          [(16)] (19) "Veterinarian-client-patient relationship" means:
126          (a) a veterinarian licensed under this chapter has assumed responsibility for making
127     clinical judgements regarding the health of an animal and the need for medical treatment of an
128     animal, and the client has agreed to follow the veterinarian's instructions;
129          (b) the veterinarian has sufficient knowledge of the animal to initiate at least a general
130     or preliminary diagnosis of the medical condition of the animal, including knowledge of the
131     keeping and care of the animal as a result of recent personal examination of the animal or by
132     medically appropriate visits to the premises where the animal is housed; and
133          (c) the veterinarian has arranged for emergency coverage for follow-up evaluation in
134     the event of adverse reaction or the failure of the treatment regimen.
135          Section 2. Section 58-28-103 is enacted to read:
136          58-28-103. Rulemaking.
137          When exercising rulemaking authority under this chapter, the division shall comply
138     with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
139          Section 3. Section 58-28-309 is enacted to read:
140          58-28-309. Qualifications for state certification.
141          (1) The division shall grant state certification to a person who qualifies under this
142     section to engage in the practice of veterinary technology as a state certified veterinary
143     technician.
144          (2) Each applicant for state certification as a state-certified veterinary technician shall:
145          (a) submit an application in a form prescribed by the division in consultation with the
146     board;
147          (b) submit evidence of graduation from Ĥ→ [
a two-year or three-year AVMA Committee of
148     Veterinary Technician Education and Activities-accredited program in veterinary technology
] an

148a     AVMA-accredited program in veterinary technology that is at least two years ←Ĥ ,
149     or an equivalent program as determined by division rule in consultation with the board;
150          (c) submit evidence of achieving a passing score, as determined by the division in
151     consultation with the board, on the Veterinary Technician National Examination, or an

152     equivalent examination as determined by division rule in consultation with the board;
153          (d) pay a fee determined by the department under Section 63J-1-504; and
154          (e) provide satisfactory documentation that the applicant meets other criteria
155     determined by division rule in consultation with the board.
156          Section 4. Section 58-28-310 is enacted to read:
157          58-28-310. Term of state certification.
158          (1) The division shall grant state certification under this chapter in accordance with a
159     two-year renewal cycle established in rule by the division in consultation with the board.
160          (2) At the time of renewal, an applicant for renewal shall provide proof of completion
161     of any continuing education requirements established by the division in consultation with the
162     board.
163          (3) If a state certified veterinary technician is placed on probation, the state certification
164     is expired, or if the division revokes or suspends the state certification for an individual, the
165     individual shall cease:
166          (a) using the title state certified veterinary technician in connection with the
167     individual's name or business; and
168          (b) representing to others that the individual is a state certified veterinary technician.
169          (4) An individual whose certification ceases as described in Subsection (3) may
170     reapply for state certification when the individual meets the requirements for state certification
171     described in Section 58-28-309.
172          Section 5. Section 58-28-311 is enacted to read:
173          58-28-311. Limitation of state certification.
174          This chapter does not prevent a person from lawfully engaging in the practice of
175     veterinary technology without state certification under the direct supervision of a veterinarian
176     licensed under this chapter.
177          Section 6. Section 58-28-501 is amended to read:
178          58-28-501. Unlawful conduct.
179          Unlawful conduct includes, in addition to the definitions in Section 58-1-501:
180          (1) fraudulently issuing or using any health certificate, inspection certificate,
181     vaccination certificate, test chart, or any other certificate relating to the existence of animal
182     diseases or the sale of animal products for human consumption;

183          (2) willfully misrepresenting any findings in the inspection of foodstuffs of animal
184     origin; [and]
185          (3) fraudulently misapplying or reporting any intradermal, cutaneous, subcutaneous,
186     serological, or chemical test[.];
187          (4) for an individual who is not a state certified veterinary technician, using the title
188     state certified veterinary technician, or representing that the individual is a state certified
189     veterinary technician, in connection with the individual's name or business; and
190          (5) for a state certified individual whose state certification is suspended, placed on
191     probation, revoked, or has expired for any reason, using the title state certified veterinary
192     technician in connection with the individual's name or business.
193          Section 7. Section 58-28-502 is amended to read:
194          58-28-502. Unprofessional conduct.
195          (1) "Unprofessional conduct" includes, in addition to the definitions in Section
196     58-1-501:
197          (a) applying unsanitary methods or procedures in the treatment of any animal, contrary
198     to rules adopted by the board and approved by the division;
199          (b) procuring any fee or recompense on the assurance that a manifestly incurable
200     diseased condition of the body of an animal can be permanently cured;
201          (c) selling any biologics containing living or dead organisms or products or such
202     organisms, except in a manner which will prevent indiscriminate use of such biologics;
203          (d) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
204     practice of veterinary medicine, surgery, or dentistry;
205          (e) willful failure to report any dangerous, infectious, or contagious disease, as required
206     by law;
207          (f) willful failure to report the results of any medical tests, as required by law, or rule
208     adopted pursuant to law;
209          (g) violating Chapter 37, Utah Controlled Substances Act;
210          (h) delegating tasks to unlicensed assistive personnel in violation of standards of the
211     profession and in violation of Subsection (2); and
212          (i) making any unsubstantiated claim of superiority in training or skill as a veterinarian
213     in the performance of professional services.

214          (2) (a) "Unprofessional conduct" does not include the following:
215          (i) delegating to a veterinary technologist, while under the indirect supervision of a
216     veterinarian licensed under this chapter, patient care and treatment that requires a technical
217     understanding of veterinary medicine if written or oral instructions are provided to the
218     technologist by the veterinarian;
219          (ii) delegating to a state certified veterinary technician, while under the direct or
220     indirect supervision of a veterinarian licensed under this chapter, patient care and treatment that
221     requires a technical understanding of veterinary medicine if the veterinarian provides written or
222     oral instructions to the state certified veterinary technician;
223          [(ii)] (iii) delegating to a veterinary technician, while under the direct supervision of a
224     veterinarian licensed under this chapter, patient care and treatment that requires a technical
225     understanding of veterinary medicine if written or oral instructions are provided to the
226     technician by the veterinarian;
227          [(iii)] (iv) delegating to a veterinary assistant, under the immediate supervision of a
228     licensed veterinarian, tasks that are consistent with the standards and ethics of the profession;
229     and
230          [(iv)] (v) delegating to an individual described in Subsection 58-28-307(16), under the
231     direct supervision of a licensed veterinarian, the administration of a sedative drug for teeth
232     floating.
233          (b) The delegation of tasks permitted under Subsection (2)(a) does not include:
234          (i) diagnosing;
235          (ii) prognosing;
236          (iii) surgery; or
237          (iv) prescribing drugs, medicines, or appliances.