Bill Summary – FastDemocracy

Enrolled Copy                                                                             H.B. 145
                                   VETERINARY AMENDMENTS
                                            2024 GENERAL SESSION
                                                STATE OF UTAH
                                       Chief Sponsor: Stephanie Gricius Senate Sponsor: Curtis S. Bramble
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  LONG TITLE
  General Description:
      This bill modifies provisions related to veterinary practice.
  Highlighted Provisions:
      This bill:
      ▸ allows a veterinary technician to carry out delegated tasks from a veterinarian under
  direct or indirect supervision; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      58-28-102, as last amended by Laws of Utah 2020, Chapter 435
      58-28-502, as last amended by Laws of Utah 2023, Chapter 329
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-28-102 is amended to read:
        58-28-102 . Definitions.
       In addition to the definitions in Section 58-1-102, as used in this chapter:
  (1) "Abandonment" means to forsake entirely or to refuse to provide care and support for an
      animal placed in the custody of a licensed veterinarian.
  (2) "Administer" means:
      (a) the direct application by [a person] an individual of a prescription drug or device by
          injection, inhalation, ingestion, or by any other means, to the body of an animal that
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            is a patient or is a research subject; or
       (b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
            for application by injection, inhalation, ingestion, or any other means to the body of
            the animal by the owner or caretaker in accordance with the veterinarian's written
            directions.
   (3) "Animal" means any animal other than a human.
   (4) "AVMA" means American Veterinary Medical Association.
   (5) "Board" means the Veterinary Board established in Section 58-28-201.
   (6) "Client" means the patient's owner, the owner's agent, or other person responsible for
       the patient.
   (7) "Direct supervision" means a veterinarian [licensed under this chapter ]is present and
       available for face-to-face contact with the patient and [person] individual being
       supervised, at the time the patient is receiving veterinary care.
   (8) "Extra-label use" means actual use or intended use of a drug in an animal in a manner
       that is not in accordance with approved labeling.
   (9) "Immediate supervision" means the veterinarian [licensed under this chapter ]is present
       with the individual being supervised, while the individual is performing the delegated
       tasks.
   (10) "Indirect supervision" means a veterinarian [licensed under this chapter]:
       (a) has given either written or verbal instructions for veterinary care of a patient to the [
            person] individual being supervised; and
       (b) is available to the [person] individual being supervised by telephone or other
            electronic means of communication during the period of time in which the veterinary
            care is given to the patient.
   (11) "Practice of veterinary medicine, surgery, and dentistry" means to:
       (a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
            physical condition of any animal;
       (b) administer, prescribe or dispense any drug, medicine, treatment, method, or practice,
            perform any operation or manipulation, apply any apparatus or appliance for the cure,
            relief, or correction of any animal disease, deformity, defect, wound, or injury, or
            otherwise practice any veterinary medicine, dentistry, or surgery on any animal;
       (c) represent by verbal or written claim, sign, word, title, letterhead, card, or any other
            manner that one is a licensed veterinarian or qualified to practice veterinary
            medicine, surgery, or dentistry;
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     Enrolled Copy                                                                                   H.B. 145
      (d) hold oneself out as able to practice veterinary medicine, surgery, or dentistry;
      (e) solicit, sell, or furnish any parenterally administered animal disease cures,
          preventions, or treatments, with or without the necessary instruments for the
          administration of them, or any and all worm and other internal parasitic remedies,
          upon any agreement, express or implied, to administer these cures, preventions,
          treatments, or remedies; or
      (f) assume or use the title or designation, "veterinary," "veterinarian," "animal doctor,"
          "animal surgeon," or any other title, designation, words, letters, abbreviations, sign,
          card, or device tending to indicate that such [person] individual is qualified to practice
          veterinary medicine, surgery, or dentistry.
  (12) "Practice of veterinary technology" means to perform tasks that are:
      (a) related to the care and treatment of animals;
      (b) delegated by a veterinarian[ licensed under this chapter];
      (c) performed under the direct or indirect supervision of a veterinarian[ licensed under
          this chapter]; and
      (d) permitted by administrative rule and performed in accordance with the standards of
          the profession.
  (13) (a) "State certification" means a designation granted by the division on behalf of the
      state to an individual who has met the requirements for state certification as a
      veterinary technician related to the practice of veterinary technology.
      (b) "State certification" does not grant a state certified veterinary technician the
          exclusive right to practice veterinary technology.
  (14) "State certified" means, when used in conjunction with the occupation of veterinary
      technician, a title that:
      (a) may be used by [a person] an individual who has met state certification requirements
          related to the occupation of veterinary technician as described in this chapter; and
      (b) may not be used by [a person] an individual who has not met the state certification
          requirements related to the occupation of veterinary technician as described in this
          chapter.
  (15) (a) "Teeth floating" means the removal of enamel points and the smoothing,
      contouring, and leveling of dental arcades and incisors of equine and other farm
      animals.
      (b) "Teeth floating" does not include a dental procedure on a canine or feline.
  (16) "Unlawful conduct" is defined in Sections 58-1-501 and 58-28-501.
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      H.B. 145                                                                                Enrolled Copy
   (17) "Unlicensed assistive personnel":
       (a) means any unlicensed [person] individual, regardless of title, to whom tasks are
            delegated by a veterinarian [licensed under this chapter ]as permitted by
            administrative rule and in accordance with the standards of the profession; and
       (b) includes:
            (i) a veterinary assistant, if working under immediate supervision;
            (ii) a state certified veterinary technician;
            (iii) a veterinary technician who:
                  (A) has graduated from a program of veterinary technology accredited by the
                      AVMA that is at least a two-year program; and
                  (B) is working under direct supervision or indirect supervision; and
            (iv) a veterinary technologist who:
                  (A) has graduated from a four-year program of veterinary technology accredited
                      by the AVMA; and
                  (B) is working under indirect supervision.
   (18) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-28-502 and may
       be further defined by rule.
   (19) "Veterinarian" means an individual licensed under this chapter to engage in the
       practice of veterinary medicine, surgery, and dentistry.
   [(19)] (20) "Veterinarian-client-patient relationship" means:
       (a) a veterinarian [licensed under this chapter ]has assumed responsibility for making
            clinical judgements regarding the health of an animal and the need for medical
            treatment of an animal, and the client has agreed to follow the veterinarian's
            instructions;
       (b) the veterinarian has sufficient knowledge of the animal to initiate at least a general or
            preliminary diagnosis of the medical condition of the animal, including knowledge of
            the keeping and care of the animal as a result of recent personal examination of the
            animal or by medically appropriate visits to the premises where the animal is housed;
            and
       (c) the veterinarian has arranged for emergency coverage for follow-up evaluation in the
            event of adverse reaction or the failure of the treatment regimen.
         Section 2. Section 58-28-502 is amended to read:
         58-28-502 . Unprofessional conduct.
   (1) "Unprofessional conduct" includes, in addition to the definitions in Section 58-1-501:
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      Enrolled Copy                                                                                      H.B. 145
      (a) applying unsanitary methods or procedures in the treatment of any animal, contrary
          to rules adopted by the board and approved by the division;
      (b) procuring any fee or recompense on the assurance that a manifestly incurable
          diseased condition of the body of an animal can be permanently cured;
      (c) selling any biologics containing living or dead organisms or products or such
          organisms, except in a manner which will prevent indiscriminate use of such
          biologics;
      (d) swearing falsely in any testimony or affidavit, relating to, or in the course of, the
          practice of veterinary medicine, surgery, or dentistry;
      (e) willful failure to report any dangerous, infectious, or contagious disease, as required
          by law;
      (f) willful failure to report the results of any medical tests, as required by law, or rule
          adopted pursuant to law;
      (g) violating Chapter 37, Utah Controlled Substances Act;
      (h) [delegating tasks to unlicensed assistive personnel in violation of standards of the
          profession and in violation of Subsection (2)] delegating to unlicensed assistive
          personnel:
          (i) a task that violates the standards of the profession or Subsection (2); or
          (ii) the administration of anesthesia or sedation if the delegating veterinarian is not
              providing direct supervision of the administration; and
      (i) making any unsubstantiated claim of superiority in training or skill as a veterinarian
          in the performance of professional services.
  (2) (a) "Unprofessional conduct" does not include the following:
          (i) delegating to a veterinary technologist, while under the indirect supervision of a
              veterinarian [licensed under this chapter], patient care and treatment that requires
              a technical understanding of veterinary medicine if written or oral instructions are
              provided to the technologist by the veterinarian;
          (ii) delegating to a state certified veterinary technician or a veterinary technician,
              while under the direct or indirect supervision of a veterinarian [licensed under this
              chapter], patient care and treatment that requires a technical understanding of
              veterinary medicine if the veterinarian provides written or oral instructions to the
              state certified veterinary technician;
          [(iii) delegating to a veterinary technician, while under the direct supervision of a
              veterinarian licensed under this chapter, patient care and treatment that requires a
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      H.B. 145                                                                                Enrolled Copy
                technical understanding of veterinary medicine if written or oral instructions are
                provided to the technician by the veterinarian;]
            [(iv)] (iii) delegating to a veterinary assistant, under the immediate supervision of a
                licensed veterinarian, tasks that are consistent with the standards and ethics of the
                profession;
            [(v)] (iv) delegating to an individual described in Subsection 58-28-307(16), under the
                direct supervision of a licensed veterinarian, the administration of a sedative drug
                for teeth floating; or
            [(vi)] (v) discussing the effects of the following on an animal with the owner of an
                animal:
                (A) a cannabinoid or industrial hemp product, as those terms are defined in
                    Section 4-41-102; or
                (B) THC or medical cannabis, as those terms are defined in Section 26B-4-201.
       (b) The delegation of tasks permitted under Subsections (2)(a)(i) through [(v)] (iv) does
            not include:
            (i) diagnosing;
            (ii) prognosing;
            (iii) surgery; or
            (iv) prescribing drugs, medicines, or appliances.
   (3) Notwithstanding any provision of this section, a veterinarian [licensed under this
       chapter ]is not prohibited from engaging in a discussion described in Subsection [
       (2)(a)(vi)] (2)(a)(v).
         Section 3. Effective date.
       This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 58-28-102, 58-28-502
Amended: 58-28-102, 58-28-502
Enrolled: 58-28-102, 58-28-502