S.B. 120 Third Substitute Shelter Animal Vaccine Amendments








Chief Sponsor: Scott K. Jenkins


House Sponsor: Richard A. Greenwood

8      General Description:
9          This bill amends the Veterinary Practice Act.
10      Highlighted Provisions:
11          This bill:
12          .    exempts an employee of an animal shelter, from the requirement to be licensed as a
13      veterinarian for the purpose of administering a rabies vaccination to a shelter animal
14      if the employee is under the indirect supervision of a veterinarian under contract
15      with the animal shelter;
16          .    exempts an animal shelter operating under the indirect supervision of a veterinarian
17      from the requirement to obtain a license as a pharmacy for purposes of handling,
18      storing, or administering a drug used for purposes of animal euthanasia; and
19          .    exempts an animal shelter operating under the indirect supervision of a veterinarian
20      under contract with the animal shelter from the requirement to obtain a license as a
21      pharmacy for the purpose of handling, storing and administering a rabies
22      vaccination.
23      Money Appropriated in this Bill:
24          None
25      Other Special Clauses:
26          None
27      Utah Code Sections Affected:
28      AMENDS:
29           58-17b-309 , as last amended by Laws of Utah 2013, Chapter 278


30           58-28-307 , as last amended by Laws of Utah 2013, Chapter 278
32      Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 58-17b-309 is amended to read:
34           58-17b-309. Exemptions from licensure.
35          (1) For purposes of this section:
36          (a) “Cosmetic drug”:
37          (i) means a prescription drug that is:
38          (A) for the purpose of promoting attractiveness or altering the appearance of an
39      individual; and
40          (B) listed as a cosmetic drug subject to the exemption under this section by the division
41      by administrative rule or has been expressly approved for online dispensing, whether or not it is
42      dispensed online or through a physician’s office; and
43          (ii) does not include a prescription drug that is:
44          (A) a controlled substance;
45          (B) compounded by the physician; or
46          (C) prescribed or used for the patient for the purpose of diagnosing, curing, or
47      preventing a disease.
48          (b) “Injectable weight loss drug”:
49          (i) means an injectable prescription drug:
50          (A) prescribed to promote weight loss; and
51          (B) listed as an injectable prescription drug subject to exemption under this section by
52      the division by administrative rule; and
53          (ii) does not include a prescription drug that is a controlled substance.
54          (c) “Prescribing practitioner” means an individual licensed under:
55          (i) Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse with
56      prescriptive practice;
57          (ii) Chapter 67, Utah Medical Practice Act;


58          (iii) Chapter 68, Utah Osteopathic Medical Practice Act; or
59          (iv) Chapter 70a, Physician Assistant Act.
60          (2) In addition to the exemptions from licensure in Sections 58-1-307 and
61      58-17b-309.5 , the following individuals may engage in the acts or practices described in this
62      section without being licensed under this chapter:
63          (a) if the individual is described in Subsections (2)(b), (d), or (e), the individual
64      notifies the division in writing of the individual’s intent to dispense a drug under this
65      subsection;
66          (b) a person selling or providing contact lenses in accordance with Section 58-16a-801 ;
67          (c) an individual engaging in the practice of pharmacy technician under the direct
68      personal supervision of a pharmacist while making satisfactory progress in an approved
69      program as defined in division rule;
70          (d) a prescribing practitioner who prescribes and dispenses a cosmetic drug or an
71      injectable weight loss drug to the prescribing practitioner’s patient in accordance with
72      Subsection (4); [or]
73          (e) an optometrist, as defined in Section 58-16a-102 , acting within the optometrist’s
74      scope of practice as defined in Section 58-16a-601 , who prescribes and dispenses a cosmetic
75      drug to the optometrist’s patient in accordance with Subsection (4)[.]; and
76          (f) an animal shelter that:
77          (i) under the indirect supervision of a veterinarian, stores, handles, or administers a
78      drug used for euthanising an animal; and
79          (ii) under the indirect supervision of a veterinarian who is under contract with the
80      animal shelter, stores, handles, or administers a rabies vaccine.
81          (3) In accordance with Subsection 58-1-303 (1)(a), an individual exempt under
82      Subsection (2)(c) must take all examinations as required by division rule following completion
83      of an approved curriculum of education, within the required time frame. This exemption
84      expires immediately upon notification of a failing score of an examination, and the individual
85      may not continue working as a pharmacy technician even under direct supervision.


86          (4) A prescribing practitioner or optometrist is exempt from licensing under the
87      provisions of this part if the prescribing practitioner or optometrist:
88          (a) (i) writes a prescription for a drug the prescribing practitioner or optometrist has the
89      authority to dispense under Subsection (4)(b); and
90          (ii) informs the patient:
91          (A) that the prescription may be filled at a pharmacy or dispensed in the prescribing
92      practitioner’s or optometrist’s office;
93          (B) of the directions for appropriate use of the drug;
94          (C) of potential side-effects to the use of the drug; and
95          (D) how to contact the prescribing practitioner or optometrist if the patient has
96      questions or concerns regarding the drug;
97          (b) dispenses a cosmetic drug or injectable weight loss drug only to the prescribing
98      practitioner’s patients or for an optometrist, dispenses a cosmetic drug only to the optometrist’s
99      patients;
100          (c) follows labeling, record keeping, patient counseling, storage, purchasing and
101      distribution, operating, treatment, and quality of care requirements established by
102      administrative rule adopted by the division in consultation with the boards listed in Subsection
103      (5)(a); and
104          (d) follows USP-NF 797 standards for sterile compounding if the drug dispensed to
105      patients is reconstituted or compounded.
106          (5) (a) The division, in consultation with the board under this chapter and the relevant
107      professional board, including the Physician Licensing Board, the Osteopathic Physician
108      Licensing Board, the Physician Assistant Licensing Board, the Board of Nursing, the
109      Optometrist Licensing Board, or the Online Prescribing, Dispensing, and Facilitation Board,
110      shall adopt administrative rules pursuant to Title 63G, Chapter 3, Utah Administrative
111      Rulemaking Act to designate:
112          (i) the prescription drugs that may be dispensed as a cosmetic drug or weight loss drug
113      under this section; and


114          (ii) the requirements under Subsection (4)(c).
115          (b) When making a determination under Subsection (1)(a), the division and boards
116      listed in Subsection (5)(a) may consider any federal Food and Drug Administration indications
117      or approval associated with a drug when adopting a rule to designate a prescription drug that
118      may be dispensed under this section.
119          (c) The division may inspect the office of a prescribing practitioner or optometrist who
120      is dispensing under the provisions of this section, in order to determine whether the prescribing
121      practitioner or optometrist is in compliance with the provisions of this section. If a prescribing
122      practitioner or optometrist chooses to dispense under the provisions of this section, the
123      prescribing practitioner or optometrist consents to the jurisdiction of the division to inspect the
124      prescribing practitioner’s or optometrist’s office and determine if the provisions of this section
125      are being met by the prescribing practitioner or optometrist.
126          (d) If a prescribing practitioner or optometrist violates a provision of this section, the
127      prescribing practitioner or optometrist may be subject to discipline under:
128          (i) this chapter; and
129          (ii) (A) Chapter 16a, Utah Optometry Practice Act;
130          (B) Chapter 31b, Nurse Practice Act;
131          (C) Chapter 67, Utah Medical Practice Act;
132          (D) Chapter 68, Utah Osteopathic Medical Practice Act;
133          (E) Chapter 70a, Physician Assistant Act; or
134          (F) Chapter 83, Online Prescribing, Dispensing, and Facilitation Act.
135          (6) Except as provided in Subsection (2)(e), this section does not restrict or limit the
136      scope of practice of an optometrist or optometric physician licensed under Chapter 16a, Utah
137      Optometry Practice Act.
138          Section 2. Section 58-28-307 is amended to read:
139           58-28-307. Exemptions from chapter.
140          In addition to the exemptions from licensure in Section 58-1-307 this chapter does not
141      apply to:


142          (1) any person who practices veterinary medicine, surgery, or dentistry upon any
143      animal owned by him, and the employee of that person when the practice is upon an animal
144      owned by his employer, and incidental to his employment, except:
145          (a) this exemption does not apply to any person, or his employee, when the ownership
146      of an animal was acquired for the purpose of circumventing this chapter; and
147          (b) this exemption does not apply to the administration, dispensing, or prescribing of a
148      prescription drug, or nonprescription drug intended for off label use, unless the administration,
149      dispensing, or prescribing of the drug is obtained through an existing veterinarian-patient
150      relationship;
151          (2) any person who as a student at a veterinary college approved by the board engages
152      in the practice of veterinary medicine, surgery, and dentistry as part of his academic training
153      and under the direct supervision and control of a licensed veterinarian, if that practice is during
154      the last two years of the college course of instruction and does not exceed an 18-month
155      duration;
156          (3) a veterinarian who is an officer or employee of the government of the United
157      States, or the state, or its political subdivisions, and technicians under his supervision, while
158      engaged in the practice of veterinary medicine, surgery, or dentistry for that government;
159          (4) any person while engaged in the vaccination of poultry, pullorum testing, typhoid
160      testing of poultry, and related poultry disease control activity;
161          (5) any person who is engaged in bona fide and legitimate medical, dental,
162      pharmaceutical, or other scientific research, if that practice of veterinary medicine, surgery, or
163      dentistry is directly related to, and a necessary part of, that research;
164          (6) veterinarians licensed under the laws of another state rendering professional
165      services in association with licensed veterinarians of this state for a period not to exceed 90
166      days;
167          (7) registered pharmacists of this state engaged in the sale of veterinary supplies,
168      instruments, and medicines, if the sale is at his regular place of business;
169          (8) any person in this state engaged in the sale of veterinary supplies, instruments, and


170      medicines, except prescription drugs which must be sold in compliance with state and federal
171      regulations, if the supplies, instruments, and medicines are sold in original packages bearing
172      adequate identification and directions for application and administration and the sale is made in
173      the regular course of, and at the regular place of business;
174          (9) any person rendering emergency first aid to animals in those areas where a licensed
175      veterinarian is not available, and if suspicious reportable diseases are reported immediately to
176      the state veterinarian;
177          (10) any person performing or teaching nonsurgical bovine artificial insemination;
178          (11) any person affiliated with an institution of higher education who teaches
179      nonsurgical bovine embryo transfer or any technician trained by or approved by an institution
180      of higher education who performs nonsurgical bovine embryo transfer, but only if any
181      prescription drug used in the procedure is prescribed and administered under the direction of a
182      veterinarian licensed to practice in Utah;
183          (12) (a) upon written referral by a licensed veterinarian, the practice of animal
184      chiropractic by a chiropractic physician licensed under Chapter 73, Chiropractic Physician
185      Practice Act, who has completed an animal chiropractic course approved by the American
186      Veterinary Chiropractic Association or the division;
187          (b) upon written referral by a licensed veterinarian, the practice of animal physical
188      therapy by a physical therapist licensed under Chapter 24b, Physical Therapy Practice Act, who
189      has completed at least 100 hours of animal physical therapy training, including quadruped
190      anatomy and hands-on training, approved by the division;
191          (c) upon written referral by a licensed veterinarian, the practice of animal massage
192      therapy by a massage therapist licensed under Chapter 47b, Massage Therapy Practice Act,
193      who has completed at least 60 hours of animal massage therapy training, including quadruped
194      anatomy and hands-on training, approved by the division; and
195          (d) upon written referral by a licensed veterinarian, the practice of acupuncture by an
196      acupuncturist licensed under Chapter 72, Acupuncture Licensing Act, who has completed a
197      course of study on animal acupuncture approved by the division;


198          (13) unlicensed assistive personnel performing duties appropriately delegated to the
199      unlicensed assistive personnel in accordance with Section 58-28-502 ;
200          (14) an animal shelter employee who is:
201          (a) (i) acting under the indirect supervision of a licensed veterinarian; and
202          [(b)(ii) performing animal euthanasia in the course and scope of employment; and
203          (b) acting under the indirect supervision of a veterinarian who is under contract with
204      the animal shelter, administering a rabies vaccine to a shelter animal in accordance with the
205      Compendium of Animal Rabies Prevention and Control; and
206          (15) an individual providing appropriate training for animals; however, this exception
207      does not include diagnosing any medical condition, or prescribing or dispensing any
208      prescription drugs or therapeutics.

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