(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, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances; (h) delegating to unlicensed assistive personnel: (i) a task that violates the standards of the profession or Subsection (2); or (ii) the administration of anesthesia or sedation if the delegating veterinarian is not providing direct supervision of the administration; and (i) 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, 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 or a veterinary technician, while under the direct or indirect supervision of a veterinarian, 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 assistant, under the immediate supervision of a licensed veterinarian, tasks that are consistent with the standards and ethics of the profession; (iv) 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 (v) 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 (iv) 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 is not prohibited from engaging in a discussion described in Subsection (2)(a)(v).
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