Utah Code 58-28-502. Unprofessional conduct

58-28-502. Unprofessional conduct.

(1)

“Unprofessional conduct” includes, in addition to the definitions in Section 58-1-501:

Terms Used In Utah Code 58-28-502

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Animal: means any animal other than a human. See Utah Code 58-28-102
Board: means the Veterinary Board established in Section 58-28-201. See Utah Code 58-28-102
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
Immediate supervision: means the veterinarian licensed under this chapter is present with the individual being supervised, while the individual is performing the delegated tasks. 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

State certified: means , when used in conjunction with the occupation of veterinary technician, a title that:

(a)	may be used by a person 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 who has not met the state certification requirements related to the occupation of veterinary technician as described in this chapter. See Utah Code 58-28-102

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

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(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); 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, 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 technical understanding of veterinary medicine if written or oral instructions are provided to the technician by the veterinarian;

(iv)	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)	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)

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) 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).

Amended by Chapter 329, 2023 General Session

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