Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 187 (2023GS)

Sponsor

Rep. Kohler, M.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• exempts certain individuals who test a bovine for pregnancy from the requirement to be licensed under the Veterinary Practice Act.

Every vote on this bill

Bill text

VETERINARY PRACTICE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill adds an exemption to the requirement for licensure under the Veterinary
Practice Act.
Highlighted Provisions:
This bill:
▸ exempts certain individuals who test a bovine for pregnancy from the requirement
to be licensed under the Veterinary Practice Act.
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 2021, Chapter 240
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) an individual who practices veterinary medicine, surgery, or dentistry upon any
animal owned by the individual, and the employee of that individual when the practice is upon
an animal owned by the employee's employer, and incidental to employment, except:
(a) this exemption does not apply to 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) 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 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 the veterinarian's
supervision, while engaged in the practice of veterinary medicine, surgery, or dentistry for that
government;
(4) an individual while engaged in the vaccination of poultry, pullorum testing, typhoid
testing of poultry, and related poultry disease control activity;
(5) 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) 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) a registered pharmacist of this state engaged in the sale of veterinary supplies,
instruments, and medicines, if the sale is at the registered pharmacist's regular place of
business;
(8) 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) 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) an individual performing or teaching nonsurgical bovine artificial insemination;
(11) 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) the practice of animal chiropractic by a chiropractic physician licensed under
Chapter 73, Chiropractic Physician Practice Act, who has been certified by the American
Veterinary Chiropractic Association 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)[
.
]
; and
(17) an individual testing a bovine for pregnancy if the individual has:
(a) obtained a masters degree or higher in animal reproductive physiology; and
(b) completed at least eight hours of continuing education on animal reproductive
physiology within the previous two-year period.