Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 145 First Substitute (2024GS)

Sponsor

Rep. Gricius, S.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• authorizes veterinary telehealth services if providing the service or treatment through telehealth services would meet the standards of the veterinarian profession;
• limits when a veterinarian may prescribe a controlled substance through telehealth services; and
• repeals the prohibition on establishing a veterinarian-client-patient relationship solely through electronic or telephonic means.

Every vote on this bill

Bill text

VETERINARY TELEHEALTH AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill authorizes veterinary telehealth services. 
Highlighted Provisions:
This bill:
▸ defines terms;
▸ authorizes veterinary telehealth services if providing the service or treatment
through telehealth services would meet the standards of the veterinarian profession;
▸ limits when a veterinarian may prescribe a controlled substance through telehealth
services; and
▸ repeals the prohibition on establishing a veterinarian-client-patient relationship
solely through electronic or telephonic means.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-28-102
, as last amended by Laws of Utah 2020, Chapter 435
58-28-502
, as last amended by Laws of Utah 2023, Chapter 329
58-28-604
, as enacted by Laws of Utah 2006, Chapter 109
ENACTS:
58-28-607
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-28-102
 is amended to read:
58-28-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Abandonment" means to forsake entirely or to refuse to provide care and support
for an animal placed in the custody of a licensed veterinarian.
(2) "Administer" means:
(a) the direct application by a person of a prescription drug or device by injection,
inhalation, ingestion, or by any other means, to the body of an animal that is a patient or is a
research subject; or
(b) a veterinarian providing to the owner or caretaker of an animal a prescription drug
for application by injection, inhalation, ingestion, or any other means to the body of the animal
by the owner or caretaker in accordance with the veterinarian's written directions.
(3) "Animal" means any animal other than a human.
(4) "AVMA" means American Veterinary Medical Association.
(5) "Board" means the Veterinary Board established in Section 
58-28-201
.
(6) "Client" means the patient's owner, the owner's agent, or other person responsible
for the patient.
(7) "Direct supervision" means a veterinarian licensed under this chapter is present and
available for face-to-face contact with the patient and person being supervised, at the time the
patient is receiving veterinary care.
(8) "Extra-label use" means actual use or intended use of a drug in an animal in a
manner that is not in accordance with approved labeling.
(9) "Immediate supervision" means the veterinarian licensed under this chapter is
present with the individual being supervised, while the individual is performing the delegated
tasks.
(10) "Indirect supervision" means a veterinarian licensed under this chapter:
(a) has given either written or verbal instructions for veterinary care of a patient to the
person being supervised; and
(b) is available to the person being supervised by telephone or other electronic means
of communication during the period of time in which the veterinary care is given to the patient.
(11) "Practice of veterinary medicine, surgery, and dentistry" means to:
(a) diagnose, prognose, or treat any disease, defect, deformity, wound, injury, or
physical condition of any animal;
(b) administer, prescribe or dispense any drug, medicine, treatment, method, or
practice, perform any operation or manipulation, apply any apparatus or appliance for the cure,
relief, or correction of any animal disease, deformity, defect, wound, or injury, or otherwise
practice any veterinary medicine, dentistry, or surgery on any animal;
(c) represent by verbal or written claim, sign, word, title, letterhead, card, or any other
manner that one is a licensed veterinarian or qualified to practice veterinary medicine, surgery,
or dentistry;
(d) hold oneself out as able to practice veterinary medicine, surgery, or dentistry;
(e) solicit, sell, or furnish any parenterally administered animal disease cures,
preventions, or treatments, with or without the necessary instruments for the administration of
them, or any and all worm and other internal parasitic remedies, upon any agreement, express
or implied, to administer these cures, preventions, treatments, or remedies; or
(f) assume or use the title or designation, "veterinary," "veterinarian," "animal doctor,"
"animal surgeon," or any other title, designation, words, letters, abbreviations, sign, card, or
device tending to indicate that such person is qualified to practice veterinary medicine, surgery,
or dentistry.
(12) "Practice of veterinary technology" means to perform tasks that are:
(a) related to the care and treatment of animals;
(b) delegated by a veterinarian licensed under this chapter;
(c) performed under the direct or indirect supervision of a veterinarian licensed under
this chapter; and
(d) permitted by administrative rule and performed in accordance with the standards of
the profession.
(13) (a) "State certification" means a designation granted by the division on behalf of
the state to an individual who has met the requirements for state certification as a veterinary
technician related to the practice of veterinary technology.
(b) "State certification" does not grant a state certified veterinary technician the
exclusive right to practice veterinary technology.
(14) "State certified" means, when used in conjunction with the occupation of
veterinary technician, a title that:
(a) may be used by a person who has met state certification requirements related to the
occupation of veterinary technician as described in this chapter; and
(b) may not be used by a person who has not met the state certification requirements
related to the occupation of veterinary technician as described in this chapter.
(15) (a) "Teeth floating" means the removal of enamel points and the smoothing,
contouring, and leveling of dental arcades and incisors of equine and other farm animals.
(b) "Teeth floating" does not include a dental procedure on a canine or feline.
(16) "Telehealth services" means the transmission of animal health-related services or
information through the use of electronic communication or information technology.
[
(16)
] 
(17)
 "Unlawful conduct" is defined in Sections 
58-1-501
 and 
58-28-501
.
[
(17)
] 
(18)
 "Unlicensed assistive personnel":
(a) means any unlicensed person, regardless of title, to whom tasks are delegated by a
veterinarian licensed under this chapter as permitted by administrative rule and in accordance
with the standards of the profession; and
(b) includes:
(i) a veterinary assistant, if working under immediate supervision;
(ii) a state certified veterinary technician;
(iii) a veterinary technician who:
(A) has graduated from a program of veterinary technology accredited by the AVMA
that is at least a two-year program; and
(B) is working under direct supervision; and
(iv) a veterinary technologist who:
(A) has graduated from a four-year program of veterinary technology accredited by the
AVMA; and
(B) is working under indirect supervision.
[
(18)
] 
(19)
 "Unprofessional conduct" is as defined in Sections 
58-1-501
 and 
58-28-502
and may be further defined by rule.
[
(19)
] 
(20)
 "Veterinarian-client-patient relationship" means:
(a) a veterinarian licensed under this chapter has assumed responsibility for making
clinical judgements regarding the health of an animal and the need for medical treatment of an
animal, and the client has agreed to follow the veterinarian's instructions;
(b) the veterinarian has sufficient knowledge of the animal to initiate at least a general
or preliminary diagnosis of the medical condition of the animal, including knowledge of the
keeping and care of the animal [
as a result of recent personal examination of the animal or by
medically appropriate visits to the premises where the animal is housed
]; and
(c) the veterinarian has arranged for emergency coverage for follow-up evaluation in
the event of adverse reaction or the failure of the treatment regimen.
Section 2. Section 
58-28-502
 is amended to read:
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[
.
]
; and
(j) providing a service or treatment described in Section 
58-28-607
 in a manner that
does not meet the standards of the profession.
(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).
Section 3. Section 
58-28-604
 is amended to read:
58-28-604.
Veterinarian-client-patient relationship.
[
(1)
] A licensee under this chapter may only practice under a veterinarian-client-patient
relationship as defined in Section 
58-28-102
.
[
(2) A veterinarian-client-patient relationship may not be established solely by
telephone or other electronic means.
]
Section 4. Section 
58-28-607
 is enacted to read:
 58-28-607.
Veterinary telehealth services -- Limitation on prescribing controlled
substances through telehealth services.
(1) Subject to Subsection (2), an individual licensed under Section 
58-28-301
, may
engage in the practice of veterinary medicine, surgery, and dentistry. through telehealth
services if the service or treatment provided through telehealth services meets the standards of
the profession.
(2) An individual licensed under Section 
58-28-301
 may not prescribe a controlled
substance using telehealth services unless an animal:
(a) is in an emergency situation; and
(b) the prescribed dosage is limited to an amount necessary to facilitate the animal
obtaining appropriate care.
Section 5. 
Effective date.
This bill takes effect on May 1, 2024.