58-28-307. Exemptions from chapter. In addition to the exemptions from licensure in Section 58-1-307 this chapter does not apply to:
(1)
an individual who practices veterinary medicine, surgery, or dentistry upon any animal owned by the individual, and the employee of that individual when the practice is upon an animal owned by the employee’s employer, and incidental to employment, except:
Contract: A legal written agreement that becomes binding when signed.
Direct supervision: means a veterinarian licensed under this chapter is present and available for face-to-face contact with the patient and person being supervised, at the time the patient is receiving veterinary care. See Utah Code 58-28-102
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 being supervised; and
(b)
is available to the person 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. See Utah Code 58-28-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
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. See Utah Code 58-28-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
this exemption does not apply to an individual, or the individual’s employee, when the ownership of an animal was acquired for the purpose of circumventing this chapter; and
(b)
this exemption does not apply to the administration, dispensing, or prescribing of a prescription drug, or nonprescription drug intended for off label use, unless the administration, dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient relationship;
(2)
an individual who as a student at a veterinary college approved by the board engages in the practice of veterinary medicine, surgery, and dentistry as part of the individual’s academic training and under the direct supervision and control of a licensed veterinarian, if that practice is during the last two years of the college course of instruction and does not exceed an 18-month duration;
(3)
a veterinarian who is an officer or employee of the government of the United States, or the state, or its political subdivisions, and technicians under the veterinarian’s supervision, while engaged in the practice of veterinary medicine, surgery, or dentistry for that government;
(4)
an individual while engaged in the vaccination of poultry, pullorum testing, typhoid testing of poultry, and related poultry disease control activity;
(5)
an individual who is engaged in bona fide and legitimate medical, dental, pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or dentistry is directly related to, and a necessary part of, that research;
(6)
a veterinarian licensed under the laws of another state rendering professional services in association with licensed veterinarians of this state for a period not to exceed 90 days;
(7)
a registered pharmacist of this state engaged in the sale of veterinary supplies, instruments, and medicines, if the sale is at the registered pharmacist’s regular place of business;
(8)
an individual in this state engaged in the sale of veterinary supplies, instruments, and medicines, except prescription drugs which must be sold in compliance with state and federal regulations, if the supplies, instruments, and medicines are sold in original packages bearing adequate identification and directions for application and administration and the sale is made in the regular course of, and at the regular place of business;
(9)
an individual rendering emergency first aid to animals in those areas where a licensed veterinarian is not available, and if suspicious reportable diseases are reported immediately to the state veterinarian;
(10)
an individual performing or teaching nonsurgical bovine artificial insemination;
(11)
an individual affiliated with an institution of higher education who teaches nonsurgical bovine embryo transfer or any technician trained by or approved by an institution of higher education who performs nonsurgical bovine embryo transfer, but only if any prescription drug used in the procedure is prescribed and administered under the direction of a veterinarian licensed to practice in Utah;
(12)
(a)
the practice of animal chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act, who has been certified by the American Veterinary Chiropractic Association for performing chiropractic on an animal;
(b)
upon written referral by a licensed veterinarian, the practice of animal physical therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who has completed at least 100 hours of animal physical therapy training, including quadruped anatomy and hands-on training, approved by the division;
(c)
upon written referral by a licensed veterinarian, the practice of animal massage therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act, who has completed at least 60 hours of animal massage therapy training, including quadruped anatomy and hands-on training, approved by the division; and
(d)
upon written referral by a licensed veterinarian, the practice of acupuncture by an acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a course of study on animal acupuncture approved by the division;
(13)
unlicensed assistive personnel performing duties appropriately delegated to the unlicensed assistive personnel in accordance with Section 58-28-502;
(14)
an animal shelter employee who is:
(a)
(i)
acting under the indirect supervision of a licensed veterinarian; and
(ii)
performing animal euthanasia in the course and scope of employment; and
(b)
acting under the indirect supervision of a veterinarian who is under contract with the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the Compendium of Animal Rabies Prevention and Control;
(15)
an individual providing appropriate training for animals; however, this exception does not include diagnosing any medical condition, or prescribing or dispensing any prescription drugs or therapeutics;
(16)
an individual who performs teeth floating if the individual:
(a)
has a valid certification from the International Association of Equine Dentistry, or an equivalent certification designated by division rule made in collaboration with the board, to perform teeth floating;
(b)
administers or uses a sedative drug only if the individual is under the direct supervision of a veterinarian in accordance with Subsection 58-28-502(2)(a)(iv); and
(17)
an individual testing a bovine for pregnancy if the individual has:
(a)
obtained a masters degree or higher in animal reproductive physiology; and
(b)
completed at least eight hours of continuing education on animal reproductive physiology within the previous two-year period.
