Commerce, Occupational and Professional Licensing

Rule R156-28

Veterinary Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 32914
Filed: 08/31/2009 08:31:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Veterinary Board reviewed the rule and determined that changes need to be made to establish a minimum standard for maintenance and retention of medical records of animals treated by a veterinarian.

Summary of the rule or change:

In Section R156-28-303, updates rule section citations. Subsection R156-28-503(2) is added which establishes a minimum standard regarding the maintenance and retention of the medical records of an animal treated by a veterinarian. The records of a patient/animal must be maintained in such a manner that any veterinarian coming into a practice is able to proceed with the proper care and treatment of the patient. In addition, the medical records of a patient must be maintained for a minimum of five years from the date the patient was last treated.

State statutory or constitutional authorization for this rule:

• Section 58-28-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed veterinarians and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed veterinarians and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed veterinarians and applicants for licensure in that classification. Costs for licensed veterinarians may go up slightly for those licensees who are not at this point meeting the proposed minimum standard for maintenance and retention of medical records. However, the Division is not able to determine an exact cost nor does it know how many veterinarians are not currently meeting the proposed minimum standards regarding medical records.

Compliance costs for affected persons:

The proposed amendments only apply to licensed veterinarians and applicants for licensure in that classification. Costs for licensed veterinarians may go up slightly for those licensees who are not at this point meeting the proposed minimum standards for maintenance and retention of medical records. However, the Division is not able to determine an exact cost nor does it know how many veterinarians are not currently meeting the proposed minimum standards regarding medical records.

Comments by the department head on the fiscal impact the rule may have on businesses:

As indicated in the rule summary, this filing establishes standards regarding the maintenance of patient records and could result in some costs to veterinarians who do not already meet this standard, but the cost is difficult to determine. No other fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2009

Interested persons may attend a public hearing regarding this rule:

• 09/17/2009 09:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT

This rule may become effective on:

10/22/2009

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-28. Veterinary Practice Act Rule.

R156-28-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 28 is established by rule in Section R156-1-308a (1).

(2) Renewal procedures shall be in accordance with Section R156-1-308[a]c.

(3) Applicants for renewal shall meet the continuing education requirements specified in Section R156-28-304.

R156-28-503. Minimum Standards of Practice.

In accordance with Subsection 58-28-102(14) and Section 58-28-603, a veterinarian shall comply with the following minimum standards of practice in addition to the generally recognized standards and ethics of the profession:

(1) A veterinarian shall compile and maintain records on each patient to minimally include:

(a) client's name, address and phone number, if telephone is available;

(b) patient's identification, such as name, number, tag, species, age and gender, except for herds, flocks or other large groups of animals which may be more generally defined;

(c) veterinarian's diagnosis or evaluation of the patient;

(d) treatments rendered including drugs used and dosages; and

(e) date of service.

(2) A veterinarian shall:

(a) maintain veterinary medical records under Subsection (1) above so that any veterinarian coming into a veterinary practice may, by reading the veterinary medical record of a particular animal, be able to proceed with the proper care and treatment of the animal; and

(b) maintain veterinary medical records under Subsection (1) above for a minimum of five years from the date that the animal was last treated by the veterinarian.

([2]3) A veterinarian shall maintain a sanitary environment to avoid sources and transmission of infection to include the proper routine disposal of waste materials and proper sterilization or sanitation of all equipment used in diagnosis and treatment.

KEY: veterinary medicine, licensing , veterinarian

Date of Enactment or Last Substantive Amendment: [July 10, 2008]2009

Notice of Continuation: February 1, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-28-101