§ 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) rendering professional service in association with a person who is not licensed and does not hold a temporary permit;

(d) sharing fees with any person, except a licensed veterinarian, for services actually performed;

(e) 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;

(f) swearing falsely in any testimony or affidavit, relating to, or in the course of, the practice of veterinary medicine, surgery, or dentistry;

(g) willful failure to report any dangerous, infectious, or contagious disease, as required by law;

(h) willful failure to report the results of any medical tests, as required by law, or rule adopted pursuant to law;

(i) violating Chapter 37, Utah Controlled Substances Act;

(j) delegating tasks to unlicensed assistive personnel in violation of standards of the profession and in violation of Subsection (2); and

(k) 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 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; and

(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.

(b) The delegation of tasks permitted under Subsection (2)(a) does not include:

(i) diagnosing;

(ii) prognosing;

(iii) surgery; or

(iv) prescribing drugs, medicines, or appliances.

Enacted by Chapter 109, 2006 General Session