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Utah Code Title 58. Occupations and Professions § 58-28-502. Unprofessional conduct

Current as of January 01, 2025 | Updated by Findlaw Staff

(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:

(i) diagnosing;

(ii) prognosing;

(iii) surgery; or

(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).

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Cite this article: FindLaw.com - Utah Code Title 58. Occupations and Professions § 58-28-502. Unprofessional conduct - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-58-occupations-and-professions/ut-code-sect-58-28-502/

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