Utah Code 58-28-502. Unprofessional conduct
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(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 is present and available for face-to-face contact with the patient and individual being supervised, at the time the patient is receiving veterinary care. See Utah Code 58-28-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Immediate supervision: means the veterinarian 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:(10)(a) has given either written or verbal instructions for veterinary care of a patient to the individual being supervised; and(10)(b) is available to the 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. 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:
(14)(a) may be used by an individual who has met state certification requirements related to the occupation of veterinary technician as described in this chapter; and(14)(b) may not be used by an individual 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.
- Veterinarian: means an individual licensed under this chapter to engage in the practice of veterinary medicine, surgery, and dentistry. See Utah Code 58-28-102
(1)(a) applying unsanitary methods or procedures in the treatment of any animal, contrary to rules adopted by the board and approved by the division;(1)(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;(1)(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;(1)(d) swearing falsely in any testimony or affidavit, relating to, or in the course of, the practice of veterinary medicine, surgery, or dentistry;(1)(e) willful failure to report any dangerous, infectious, or contagious disease, as required by law;(1)(f) willful failure to report the results of any medical tests, as required by law, or rule adopted pursuant to law;(1)(g) violating Chapter 37, Utah Controlled Substances Act;(1)(h) delegating to unlicensed assistive personnel:(1)(h)(i) a task that violates the standards of the profession or Subsection (2); or(1)(h)(ii) the administration of anesthesia or sedation if the delegating veterinarian is not providing direct supervision of the administration; and(1)(i) making any unsubstantiated claim of superiority in training or skill as a veterinarian in the performance of professional services.(2)(2)(a) “Unprofessional conduct” does not include the following:(2)(a)(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;(2)(a)(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;(2)(a)(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;(2)(a)(iv) delegating to an individual described in Subsection58-28-307 (16), under the direct supervision of a licensed veterinarian, the administration of a sedative drug for teeth floating; or(2)(a)(v) discussing the effects of the following on an animal with the owner of an animal:(2)(a)(v)(A) a cannabinoid or industrial hemp product, as those terms are defined in Section4-41-102 ; or(2)(a)(v)(B) THC or medical cannabis, as those terms are defined in Section26B-4-201 .(2)(b) The delegation of tasks permitted under Subsections (2)(a)(i) through (iv) does not include:(2)(b)(i) diagnosing;(2)(b)(ii) prognosing;(2)(b)(iii) surgery; or(2)(b)(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).