1     
ANIMAL CHIROPRACTIC AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Scott H. Chew

6     

7     LONG TITLE
8     General Description:
9          This bill allows a licensed chiropractor to treat an animal without a referral from a
10     licensed veterinarian.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes the requirement that a veterinarian refer an animal to a licensed
14     chiropractor before the chiropractor can treat the animal;
15          ▸     removes the requirement that a licensed chiropractor take a course for treating
16     animals before treating an animal, instead requiring a licensed chiropractor to obtain
17     a certification for animal chiropractic; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          58-28-307, as last amended by Laws of Utah 2019, Chapter 177
26          58-73-102, as last amended by Laws of Utah 2006, Chapter 109
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 58-28-307 is amended to read:
30          58-28-307. Exemptions from chapter.
31          In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
32     apply to:
33          (1) [any person] an individual who practices veterinary medicine, surgery, or dentistry
34     upon any animal owned by [him] the individual, and the employee of that [person] individual
35     when the practice is upon an animal owned by [his] the employee's employer, and incidental to
36     [his] employment, except:
37          (a) this exemption does not apply to [any person, or his] an individual, or the
38     individual's employee, when the ownership of an animal was acquired for the purpose of
39     circumventing this chapter; and
40          (b) this exemption does not apply to the administration, dispensing, or prescribing of a
41     prescription drug, or nonprescription drug intended for off label use, unless the administration,
42     dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient
43     relationship;
44          (2) [any person] an individual who as a student at a veterinary college approved by the
45     board engages in the practice of veterinary medicine, surgery, and dentistry as part of [his] the
46     individual's academic training and under the direct supervision and control of a licensed
47     veterinarian, if that practice is during the last two years of the college course of instruction and
48     does not exceed an 18-month duration;
49          (3) a veterinarian who is an officer or employee of the government of the United
50     States, or the state, or its political subdivisions, and technicians under [his] the veterinarian's
51     supervision, while engaged in the practice of veterinary medicine, surgery, or dentistry for that
52     government;
53          (4) [any person] an individual while engaged in the vaccination of poultry, pullorum
54     testing, typhoid testing of poultry, and related poultry disease control activity;
55          (5) [any person] an individual who is engaged in bona fide and legitimate medical,
56     dental, pharmaceutical, or other scientific research, if that practice of veterinary medicine,
57     surgery, or dentistry is directly related to, and a necessary part of, that research;
58          (6) [veterinarians] a veterinarian licensed under the laws of another state rendering
59     professional services in association with licensed veterinarians of this state for a period not to
60     exceed 90 days;
61          (7) [registered pharmacists] a registered pharmacist of this state engaged in the sale of
62     veterinary supplies, instruments, and medicines, if the sale is at [his] the registered pharmacist's
63     regular place of business;
64          (8) [any person] an individual in this state engaged in the sale of veterinary supplies,
65     instruments, and medicines, except prescription drugs which must be sold in compliance with
66     state and federal regulations, if the supplies, instruments, and medicines are sold in original
67     packages bearing adequate identification and directions for application and administration and
68     the sale is made in the regular course of, and at the regular place of business;
69          (9) [any person] an individual rendering emergency first aid to animals in those areas
70     where a licensed veterinarian is not available, and if suspicious reportable diseases are reported
71     immediately to the state veterinarian;
72          (10) [any person] an individual performing or teaching nonsurgical bovine artificial
73     insemination;
74          (11) [any person] an individual affiliated with an institution of higher education who
75     teaches nonsurgical bovine embryo transfer or any technician trained by or approved by an
76     institution of higher education who performs nonsurgical bovine embryo transfer, but only if
77     any prescription drug used in the procedure is prescribed and administered under the direction
78     of a veterinarian licensed to practice in Utah;
79          (12) (a) [upon written referral by a licensed veterinarian,] the practice of animal
80     chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
81     Practice Act, who has [completed an animal chiropractic course approved] been certified by the
82     American Veterinary Chiropractic Association [or the division] for performing chiropractic on
83     an animal;
84          (b) upon written referral by a licensed veterinarian, the practice of animal physical
85     therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who
86     has completed at least 100 hours of animal physical therapy training, including quadruped
87     anatomy and hands-on training, approved by the division;
88          (c) upon written referral by a licensed veterinarian, the practice of animal massage
89     therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act,
90     who has completed at least 60 hours of animal massage therapy training, including quadruped
91     anatomy and hands-on training, approved by the division; and
92          (d) upon written referral by a licensed veterinarian, the practice of acupuncture by an
93     acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a
94     course of study on animal acupuncture approved by the division;
95          (13) unlicensed assistive personnel performing duties appropriately delegated to the
96     unlicensed assistive personnel in accordance with Section 58-28-502;
97          (14) an animal shelter employee who is:
98          (a) (i) acting under the indirect supervision of a licensed veterinarian; and
99          (ii) performing animal euthanasia in the course and scope of employment; and
100          (b) acting under the indirect supervision of a veterinarian who is under contract with
101     the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the
102     Compendium of Animal Rabies Prevention and Control;
103          (15) an individual providing appropriate training for animals; however, this exception
104     does not include diagnosing any medical condition, or prescribing or dispensing any
105     prescription drugs or therapeutics; and
106          (16) an individual who performs teeth floating if the individual:
107          (a) has a valid certification from the International Association of Equine Dentistry, or
108     an equivalent certification designated by division rule made in collaboration with the board, to
109     perform teeth floating; and
110          (b) administers or uses a sedative drug only if the individual is under the direct
111     supervision of a veterinarian in accordance with Subsection 58-28-502(2)(a)(iv).
112          Section 2. Section 58-73-102 is amended to read:
113          58-73-102. Definitions.
114          (1) "Adjustment of the articulation of the spinal column" means performance by a
115     chiropractic physician by the use of passive movements directed toward the goal of restoring
116     joints to their proper physiological relationship of motion and related function, releasing
117     adhesions, or stimulating joint receptors using one or more of the following techniques:
118          (a) impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a
119     nature that the patient cannot prevent the motion, commencing where the motion encounters
120     the elastic barrier of resistance and ends at the limit of anatomical integrity;
121          (b) instrument adjusting, utilizing instruments specifically designed to deliver sudden,
122     high velocity, short amplitude thrust;
123          (c) light force adjusting utilizing sustained joint traction or applied directional pressure,
124     or both, which may be combined with passive motion to restore joint mobility; and
125          (d) long distance lever adjusting utilizing forces delivered at some distance from the
126     dysfunctional site and aimed at transmission through connected structures to accomplish joint
127     mobility.
128          (2) "Board" means the Chiropractic Physician Licensing Board created in Section
129     58-73-201.
130          (3) "Chiropractic assistant" means [a person] an individual who performs activities
131     related to the practice of chiropractic under the supervision of a licensed chiropractic physician
132     in accordance with division rule established in collaboration with the board.
133          (4) "Chiropractic physician" means [a person] an individual who has been licensed
134     under this chapter to practice chiropractic.
135          (5) "Diagnosis of the articulation of the spinal column" means to examine the
136     articulations of the spinal column of another human to determine the source, nature, kind, or
137     extent of a disease, vertebral [sublixation]subluxation, or other physical condition, and to make
138     a determination of the source, nature, kind, or extent of a disease or other physical condition.
139          (6) "Elastic barrier" means the point at which the patient cannot move a joint by his
140     own means and through which movement is obtained or caused by a practitioner's skillful
141     treatment using the practitioner's hands in a manipulation of a joint by thrust of sudden, high
142     velocity, short amplitude so the patient cannot prevent the motion.
143          (7) "Incisive surgery" means any procedure having the power or quality of cutting of a
144     patient for the purpose of treating disease, injury, or deformity, and includes the use of laser.
145          (8) [(a)] "Manipulate the articulation of the spinal column" means use by a practitioner
146     of a skillful treatment using the practitioner's hands in a manipulation of a joint as follows:
147          (a) by thrust of sudden, high velocity, short amplitude so the patient cannot prevent the
148     motion[. Movement];
149          (b) the movement of the joint is by force beyond its active limit of motion[.];
150          [(b)] (c) [This]the manipulation commences where mobilization ends and specifically
151     begins when the elastic barrier of resistance is encountered and ends at the limit of anatomical
152     integrity[.]; and
153          [(c)] (d) [Manipulation as described in this definition] the manipulation is directed to
154     the goal of restoring joints to their proper physiological relationship of motion and related
155     function, releasing adhesions, or stimulating joint receptors.
156          (9) "Practice of chiropractic" means a practice of a branch of the healing arts:
157          (a) the purpose of which is to restore or maintain human health, in which patient care
158     or first aid, hygienic, nutritional, or rehabilitative procedures are administered;
159          (b) which places emphasis upon specific vertebral adjustment, manipulation, and
160     treatment of the articulation and adjacent tissues of the spinal column, musculoskeletal
161     structure of the body, and nervous system;
162          (c) that involves examining, diagnosing, treating, correcting, or prescribing treatment
163     for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, or the
164     attempt to do so, in accordance with Section 58-73-601;
165          (d) that involves diagnosing, prescribing treatment, or making a determination of
166     treatment necessity for another person's condition by means of:
167          (i) a physical examination of the person; or
168          (ii) a determination based upon or derived from information supplied directly or
169     indirectly by a third person; and
170          (e) that includes the practice described in this Subsection (9) on an animal [to the
171     extent permitted by] subject to:
172          (i) Subsection 58-28-307(12);
173          (ii) the provisions of this chapter; and
174          (iii) division rule.
175          (10) "Therapeutically position the articulation of the spinal column" means to adjust or
176     manipulate the articulation of the spinal column.