2023 Utah Code › Title 58 - Occupations and Professions › Chapter 28 - Veterinary Practice Act › Part 5 - Unlawful and Unprofessional Conduct - Penalties › Section 502 - Unprofessional conduct.

Effective 5/3/2023
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 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