Current through the 2024 Fourth Special Session
Section 58-28-502 - Unprofessional conduct(1) "Unprofessional conduct" includes, in addition to the definitions in Section 58-1-501: (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 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, 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, 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 assistant, under the immediate supervision of a licensed veterinarian, tasks that are consistent with the standards and ethics of the profession;(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(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 (iv) does not include: (iv) prescribing drugs, medicines, or appliances.(3) Notwithstanding any provision of this section, a veterinarian is not prohibited from engaging in a discussion described in Subsection (2)(a)(v).Amended by Chapter 125, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 329, 2023 General Session ,§ 6, eff. 5/3/2023.Amended by Chapter 103, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 435, 2020 General Session ,§ 7, eff. 5/12/2020.Amended by Chapter 177, 2019 General Session ,§ 3, eff. 5/14/2019.Amended by Chapter 61, 2015 General Session ,§ 1, eff. 5/12/2015.Enacted by Chapter 109, 2006 General Session