Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 114 (2021GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes the requirement that a veterinarian refer an animal to a licensed chiropractor before the chiropractor can treat the animal;
• removes the requirement that a licensed chiropractor take a course for treating animals before treating an animal, instead requiring a licensed chiropractor to obtain a certification for animal chiropractic; and
• makes technical changes.

Every vote on this bill

Bill text

ANIMAL CHIROPRACTIC AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
 Scott H. Chew
LONG TITLE
General Description:
This bill allows a licensed chiropractor to treat an animal without a referral from a
licensed veterinarian.
Highlighted Provisions:
This bill:
▸ removes the requirement that a veterinarian refer an animal to a licensed
chiropractor before the chiropractor can treat the animal;
▸ removes the requirement that a licensed chiropractor take a course for treating
animals before treating an animal, instead requiring a licensed chiropractor to obtain
a certification for animal chiropractic; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-28-307
, as last amended by Laws of Utah 2019, Chapter 177
58-73-102
, as last amended by Laws of Utah 2006, Chapter 109
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-28-307
 is amended to read:
58-28-307.
Exemptions from chapter.
In addition to the exemptions from licensure in Section 
58-1-307
 this chapter does not
apply to:
(1) [
any person
] 
an individual
 who practices veterinary medicine, surgery, or dentistry
upon any animal owned by [
him
] 
the individual
, and the employee of that [
person
] 
individual
when the practice is upon an animal owned by [
his
] 
the employee's
 employer, and incidental to
[
his
] employment, except:
(a) this exemption does not apply to [
any person, or his
] 
an individual, or the
individual's
 employee, when the ownership of an animal was acquired for the purpose of
circumventing this chapter; and
(b) this exemption does not apply to the administration, dispensing, or prescribing of a
prescription drug, or nonprescription drug intended for off label use, unless the administration,
dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient
relationship;
(2) [
any person
] 
an individual
 who as a student at a veterinary college approved by the
board engages in the practice of veterinary medicine, surgery, and dentistry as part of [
his
] 
the
individual's
 academic training and under the direct supervision and control of a licensed
veterinarian, if that practice is during the last two years of the college course of instruction and
does not exceed an 18-month duration;
(3) a veterinarian who is an officer or employee of the government of the United
States, or the state, or its political subdivisions, and technicians under [
his
] 
the veterinarian's
supervision, while engaged in the practice of veterinary medicine, surgery, or dentistry for that
government;
(4) [
any person
] 
an individual
 while engaged in the vaccination of poultry, pullorum
testing, typhoid testing of poultry, and related poultry disease control activity;
(5) [
any person
] 
an individual
 who is engaged in bona fide and legitimate medical,
dental, pharmaceutical, or other scientific research, if that practice of veterinary medicine,
surgery, or dentistry is directly related to, and a necessary part of, that research;
(6) [
veterinarians
] 
a veterinarian
 licensed under the laws of another state rendering
professional services in association with licensed veterinarians of this state for a period not to
exceed 90 days;
(7) [
registered pharmacists
] 
a registered pharmacist
 of this state engaged in the sale of
veterinary supplies, instruments, and medicines, if the sale is at [
his
] 
the registered pharmacist's
regular place of business;
(8) [
any person
] 
an individual
 in this state engaged in the sale of veterinary supplies,
instruments, and medicines, except prescription drugs which must be sold in compliance with
state and federal regulations, if the supplies, instruments, and medicines are sold in original
packages bearing adequate identification and directions for application and administration and
the sale is made in the regular course of, and at the regular place of business;
(9) [
any person
] 
an individual
 rendering emergency first aid to animals in those areas
where a licensed veterinarian is not available, and if suspicious reportable diseases are reported
immediately to the state veterinarian;
(10) [
any person
] 
an individual
 performing or teaching nonsurgical bovine artificial
insemination;
(11) [
any person
] 
an individual
 affiliated with an institution of higher education who
teaches nonsurgical bovine embryo transfer or any technician trained by or approved by an
institution of higher education who performs nonsurgical bovine embryo transfer, but only if
any prescription drug used in the procedure is prescribed and administered under the direction
of a veterinarian licensed to practice in Utah;
(12) (a) [
upon written referral by a licensed veterinarian,
] the practice of animal
chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
Practice Act, who has [
completed an animal chiropractic course approved
] 
been certified
 by the
American Veterinary Chiropractic Association [
or the division
] 
for performing chiropractic on
an animal
;
(b) upon written referral by a licensed veterinarian, the practice of animal physical
therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who
has completed at least 100 hours of animal physical therapy training, including quadruped
anatomy and hands-on training, approved by the division;
(c) upon written referral by a licensed veterinarian, the practice of animal massage
therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act,
who has completed at least 60 hours of animal massage therapy training, including quadruped
anatomy and hands-on training, approved by the division; and
(d) upon written referral by a licensed veterinarian, the practice of acupuncture by an
acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a
course of study on animal acupuncture approved by the division;
(13) unlicensed assistive personnel performing duties appropriately delegated to the
unlicensed assistive personnel in accordance with Section 
58-28-502
;
(14) an animal shelter employee who is:
(a) (i) acting under the indirect supervision of a licensed veterinarian; and
(ii) performing animal euthanasia in the course and scope of employment; and
(b) acting under the indirect supervision of a veterinarian who is under contract with
the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the
Compendium of Animal Rabies Prevention and Control;
(15) an individual providing appropriate training for animals; however, this exception
does not include diagnosing any medical condition, or prescribing or dispensing any
prescription drugs or therapeutics; and
(16) an individual who performs teeth floating if the individual:
(a) has a valid certification from the International Association of Equine Dentistry, or
an equivalent certification designated by division rule made in collaboration with the board, to
perform teeth floating; and
(b) administers or uses a sedative drug only if the individual is under the direct
supervision of a veterinarian in accordance with Subsection 
58-28-502
(2)(a)(iv).
Section 2. Section 
58-73-102
 is amended to read:
58-73-102.
Definitions.
(1) "Adjustment of the articulation of the spinal column" means performance by a
chiropractic physician by the use of passive movements directed toward the goal of restoring
joints to their proper physiological relationship of motion and related function, releasing
adhesions, or stimulating joint receptors using one or more of the following techniques:
(a) impulse adjusting or the use of sudden, high velocity, short amplitude thrust of a
nature that the patient cannot prevent the motion, commencing where the motion encounters
the elastic barrier of resistance and ends at the limit of anatomical integrity;
(b) instrument adjusting, utilizing instruments specifically designed to deliver sudden,
high velocity, short amplitude thrust;
(c) light force adjusting utilizing sustained joint traction or applied directional pressure,
or both, which may be combined with passive motion to restore joint mobility; and
(d) long distance lever adjusting utilizing forces delivered at some distance from the
dysfunctional site and aimed at transmission through connected structures to accomplish joint
mobility.
(2) "Board" means the Chiropractic Physician Licensing Board created in Section
58-73-201
.
(3) "Chiropractic assistant" means [
a person
] 
an individual
 who performs activities
related to the practice of chiropractic under the supervision of a licensed chiropractic physician
in accordance with division rule established in collaboration with the board.
(4) "Chiropractic physician" means [
a person
] 
an individual
 who has been licensed
under this chapter to practice chiropractic.
(5) "Diagnosis of the articulation of the spinal column" means to examine the
articulations of the spinal column of another human to determine the source, nature, kind, or
extent of a disease, vertebral [
sublixation
]
subluxation
, or other physical condition, and to make
a determination of the source, nature, kind, or extent of a disease or other physical condition.
(6) "Elastic barrier" means the point at which the patient cannot move a joint by his
own means and through which movement is obtained or caused by a practitioner's skillful
treatment using the practitioner's hands in a manipulation of a joint by thrust of sudden, high
velocity, short amplitude so the patient cannot prevent the motion.
(7) "Incisive surgery" means any procedure having the power or quality of cutting of a
patient for the purpose of treating disease, injury, or deformity, and includes the use of laser.
(8) [
(a)
] "Manipulate the articulation of the spinal column" means use by a practitioner
of a skillful treatment using the practitioner's hands in a manipulation of a joint 
as follows:
(a)
 by thrust of sudden, high velocity, short amplitude so the patient cannot prevent the
motion[
. Movement
]
;
(b) the movement
 of the joint is by force beyond its active limit of motion[
.
]
;
[
(b)
] 
(c)
 [
This
]
the
 manipulation commences where mobilization ends and specifically
begins when the elastic barrier of resistance is encountered and ends at the limit of anatomical
integrity[
.
]
; and
[
(c)
] 
(d)
 [
Manipulation as described in this definition
] 
the manipulation
 is directed to
the goal of restoring joints to their proper physiological relationship of motion and related
function, releasing adhesions, or stimulating joint receptors.
(9) "Practice of chiropractic" means a practice of a branch of the healing arts:
(a) the purpose of which is to restore or maintain human health, in which patient care
or first aid, hygienic, nutritional, or rehabilitative procedures are administered;
(b) which places emphasis upon specific vertebral adjustment, manipulation, and
treatment of the articulation and adjacent tissues of the spinal column, musculoskeletal
structure of the body, and nervous system;
(c) that involves examining, diagnosing, treating, correcting, or prescribing treatment
for any human disease, ailment, injury, infirmity, deformity, pain, or other condition, or the
attempt to do so, in accordance with Section 
58-73-601
;
(d) that involves diagnosing, prescribing treatment, or making a determination of
treatment necessity for another person's condition by means of:
(i) a physical examination of the person; or
(ii) a determination based upon or derived from information supplied directly or
indirectly by a third person; and
(e) 
that includes
 the practice described in this Subsection (9) on an animal [
to the
extent permitted by
] 
subject to
:
(i) Subsection 
58-28-307
(12);
(ii) the provisions of this chapter; and
(iii) division rule.
(10) "Therapeutically position the articulation of the spinal column" means to adjust or
manipulate the articulation of the spinal column.