This document includes House Floor Amendments incorporated into the bill on Mon, Feb 5, 2024 at 3:21 PM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Mon, Feb 5, 2024 at 4:23 PM by housengrossing.
Representative Stephanie Gricius proposes the following substitute bill:


1     
VETERINARY Ĥ→ [TELEHEALTH] ←Ĥ AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Gricius

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to veterinary practice.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a veterinary technician to carry out delegated tasks from a veterinarian under
13     direct or indirect supervision; and
14          ▸     makes technical and conforming changes.
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 2020, Chapter 435
22          58-28-502, as last amended by Laws of Utah 2023, Chapter 329
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 58-28-102 is amended to read:
26          58-28-102. Definitions.
27          In addition to the definitions in Section 58-1-102, as used in this chapter:
28          (1) "Abandonment" means to forsake entirely or to refuse to provide care and support
29     for an animal placed in the custody of a licensed veterinarian.
30          (2) "Administer" means:
31          (a) the direct application by [a person] an individual of a prescription drug or device by
32     injection, inhalation, ingestion, or by any other means, to the body of an animal that is a patient
33     or is a research subject; or
34          (b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
35     for application by injection, inhalation, ingestion, or any other means to the body of the animal
36     by the owner or caretaker in accordance with the veterinarian's written directions.
37          (3) "Animal" means any animal other than a human.
38          (4) "AVMA" means American Veterinary Medical Association.
39          (5) "Board" means the Veterinary Board established in Section 58-28-201.
40          (6) "Client" means the patient's owner, the owner's agent, or other person responsible
41     for the patient.
42          (7) "Direct supervision" means a veterinarian [licensed under this chapter] is present
43     and available for face-to-face contact with the patient and [person] individual being supervised,
44     at the time the patient is receiving veterinary care.
45          (8) "Extra-label use" means actual use or intended use of a drug in an animal in a
46     manner that is not in accordance with approved labeling.
47          (9) "Immediate supervision" means the veterinarian [licensed under this chapter] is
48     present with the individual being supervised, while the individual is performing the delegated
49     tasks.
50          (10) "Indirect supervision" means a veterinarian [licensed under this chapter]:
51          (a) has given either written or verbal instructions for veterinary care of a patient to the
52     [person] individual being supervised; and
53          (b) is available to the [person] individual being supervised by telephone or other
54     electronic means of communication during the period of time in which the veterinary care is
55     given to the patient.
56          (11) "Practice of veterinary medicine, surgery, and dentistry" means to:
57          (a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
58     physical condition of any animal;
59          (b) administer, prescribe or dispense any drug, medicine, treatment, method, or
60     practice, perform any operation or manipulation, apply any apparatus or appliance for the cure,
61     relief, or correction of any animal disease, deformity, defect, wound, or injury, or otherwise
62     practice any veterinary medicine, dentistry, or surgery on any animal;
63          (c) represent by verbal or written claim, sign, word, title, letterhead, card, or any other
64     manner that one is a licensed veterinarian or qualified to practice veterinary medicine, surgery,
65     or dentistry;
66          (d) hold oneself out as able to practice veterinary medicine, surgery, or dentistry;
67          (e) solicit, sell, or furnish any parenterally administered animal disease cures,
68     preventions, or treatments, with or without the necessary instruments for the administration of
69     them, or any and all worm and other internal parasitic remedies, upon any agreement, express
70     or implied, to administer these cures, preventions, treatments, or remedies; or
71          (f) assume or use the title or designation, "veterinary," "veterinarian," "animal doctor,"
72     "animal surgeon," or any other title, designation, words, letters, abbreviations, sign, card, or
73     device tending to indicate that such [person] individual is qualified to practice veterinary
74     medicine, surgery, or dentistry.
75          (12) "Practice of veterinary technology" means to perform tasks that are:
76          (a) related to the care and treatment of animals;
77          (b) delegated by a veterinarian [licensed under this chapter];
78          (c) performed under the direct or indirect supervision of a veterinarian [licensed under
79     this chapter]; and
80          (d) permitted by administrative rule and performed in accordance with the standards of
81     the profession.
82          (13) (a) "State certification" means a designation granted by the division on behalf of
83     the state to an individual who has met the requirements for state certification as a veterinary
84     technician related to the practice of veterinary technology.
85          (b) "State certification" does not grant a state certified veterinary technician the
86     exclusive right to practice veterinary technology.
87          (14) "State certified" means, when used in conjunction with the occupation of
88     veterinary technician, a title that:
89          (a) may be used by [a person] an individual who has met state certification
90     requirements related to the occupation of veterinary technician as described in this chapter; and
91          (b) may not be used by [a person] an individual who has not met the state certification
92     requirements related to the occupation of veterinary technician as described in this chapter.
93          (15) (a) "Teeth floating" means the removal of enamel points and the smoothing,
94     contouring, and leveling of dental arcades and incisors of equine and other farm animals.
95          (b) "Teeth floating" does not include a dental procedure on a canine or feline.
96          (16) "Unlawful conduct" is defined in Sections 58-1-501 and 58-28-501.
97          (17) "Unlicensed assistive personnel":
98          (a) means any unlicensed [person] individual, regardless of title, to whom tasks are
99     delegated by a veterinarian [licensed under this chapter] as permitted by administrative rule and
100     in accordance with the standards of the profession; and
101          (b) includes:
102          (i) a veterinary assistant, if working under immediate supervision;
103          (ii) a state certified veterinary technician;
104          (iii) 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) is working under direct supervision or indirect supervision; and
108          (iv) a veterinary technologist who:
109          (A) has graduated from a four-year program of veterinary technology accredited by the
110     AVMA; and
111          (B) is working under indirect supervision.
112          (18) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-28-502 and
113     may be further defined by rule.
114          (19) "Veterinarian" means an individual licensed under this chapter to engage in the
115     practice of veterinary medicine, surgery, and dentistry.
116          [(19)] (20) "Veterinarian-client-patient relationship" means:
117          (a) a veterinarian [licensed under this chapter] has assumed responsibility for making
118     clinical judgements regarding the health of an animal and the need for medical treatment of an
119     animal, and the client has agreed to follow the veterinarian's instructions;
120          (b) the veterinarian has sufficient knowledge of the animal to initiate at least a general
121     or preliminary diagnosis of the medical condition of the animal, including knowledge of the
122     keeping and care of the animal as a result of recent personal examination of the animal or by
123     medically appropriate visits to the premises where the animal is housed; and
124          (c) the veterinarian has arranged for emergency coverage for follow-up evaluation in
125     the event of adverse reaction or the failure of the treatment regimen.
126          Section 2. Section 58-28-502 is amended to read:
127          58-28-502. Unprofessional conduct.
128          (1) "Unprofessional conduct" includes, in addition to the definitions in Section
129     58-1-501:
130          (a) applying unsanitary methods or procedures in the treatment of any animal, contrary
131     to rules adopted by the board and approved by the division;
132          (b) procuring any fee or recompense on the assurance that a manifestly incurable
133     diseased condition of the body of an animal can be permanently cured;
134          (c) selling any biologics containing living or dead organisms or products or such
135     organisms, except in a manner which will prevent indiscriminate use of such biologics;
136          (d) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
137     practice of veterinary medicine, surgery, or dentistry;
138          (e) willful failure to report any dangerous, infectious, or contagious disease, as required
139     by law;
140          (f) willful failure to report the results of any medical tests, as required by law, or rule
141     adopted pursuant to law;
142          (g) violating Chapter 37, Utah Controlled Substances Act;
143          (h) Ĥ→ [delegating tasks to unlicensed assistive personnel in violation of standards of the
144     profession and in violation of Subsection (2)] delegating to unlicensed assistive personnel:
144a     (i) a task that violates the standards of the profession or Subsection (2); or
144b     (ii) the administration of anesthesia or sedation if the delegating veterinarian is not providing
144c     direct supervision of the administration ←Ĥ ; and
145          (i) making any unsubstantiated claim of superiority in training or skill as a veterinarian
146     in the performance of professional services.
147          (2) (a) "Unprofessional conduct" does not include the following:
148          (i) delegating to a veterinary technologist, while under the indirect supervision of a
149     veterinarian [licensed under this chapter], patient care and treatment that requires a technical
150     understanding of veterinary medicine if written or oral instructions are provided to the
151     technologist by the veterinarian;
152          (ii) delegating to a state certified veterinary technician or a veterinary technician, while
153     under the direct or indirect supervision of a veterinarian [licensed under this chapter], patient
154     care and treatment that requires a technical understanding of veterinary medicine if the
155     veterinarian provides written or oral instructions to the state certified veterinary technician;
156          [(iii) delegating to a veterinary technician, while under the direct supervision of a
157     veterinarian licensed under this chapter, patient care and treatment that requires a technical
158     understanding of veterinary medicine if written or oral instructions are provided to the
159     technician by the veterinarian;]
160          [(iv)] (iii) delegating to a veterinary assistant, under the immediate supervision of a
161     licensed veterinarian, tasks that are consistent with the standards and ethics of the profession;
162          [(v)] (iv) delegating to an individual described in Subsection 58-28-307(16), under the
163     direct supervision of a licensed veterinarian, the administration of a sedative drug for teeth
164     floating; or
165          [(vi)] (v) discussing the effects of the following on an animal with the owner of an
166     animal:
167          (A) a cannabinoid or industrial hemp product, as those terms are defined in Section
168     4-41-102; or
169          (B) THC or medical cannabis, as those terms are defined in Section 26B-4-201.
170          (b) The delegation of tasks permitted under Subsections (2)(a)(i) through Ĥ→ [(v)] (iv) ←Ĥ
170a      does not
171     include:
172          (i) diagnosing;
173          (ii) prognosing;
174          (iii) surgery; or
175          (iv) prescribing drugs, medicines, or appliances.
176          (3) Notwithstanding any provision of this section, a veterinarian [licensed under this
177     chapter] is not prohibited from engaging in a discussion described in Subsection Ĥ→ [(2)(a)(vi)]
177a     (2)(a)(v) ←Ĥ .
178          Section 3. Effective date.
179          This bill takes effect on May 1, 2024.