No. 31396 (Amendment): R156-28. Veterinary Practice Act Rules

DAR File No.: 31396
Filed: 05/08/2008, 09:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After completing a full review of this rule, the Division and the Veterinary Board are proposing amendments to update various provisions throughout the rule and to make the rule consistent with current practices.

Summary of the rule or change:

Throughout the rule, the term "rules" has been replaced with the term "rule" where applicable. In Section R156-28-102, several amendments are made in this section to eliminate definitions that are no longer needed as they are included in the governing statute, Title 58, Chapter 28, or are acronyms which are best identified in the text where used. In Section R156-28-302a, amendments are made to better clarify the education requirements. In Section R156-28-30b, amendments are made to better clarify experience requirements required for licensure as a veterinarian. In Section R156-28-302c, amendments are made to better clarify the examination requirements. Also, the Utah Veterinary Law and Rule Examination is being deleted as a requirement for licensure. Sections R156-28-302d and R156-28-302e are being deleted as these sections are no longer necessary. In Section R156-28-303, added that applicants for license renewal shall meet the continuing education requirements. In Section R156-28-304, amendments are made to better clarify the continuing professional education requirements and to also clarify continuing education waiver requirements. Section R156-28-305 is being deleted as this section is no longer needed. In Section R156-28-502, amendments are made to better clarify unprofessional conduct provisions. Added that failing to conform with generally accepted and recognized standards and ethics of the profession shall be considered unprofessional conduct. In Section R156-28-503, amendments are made to delete provisions that are redundant requirements.

State statutory or constitutional authorization for this rule:

Section 58-28-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

Adds the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (AVMA), approved by the Executive Board July 1999; revised November 2003

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The Division does not anticipate any increased workload for Division licensing personnel as a result of these proposed amendments.

local governments:

The proposed amendments do not apply to local governments. The proposed amendments only apply to applicants for licensure as a veterinarian or veterinary intern and licensed veterinarians and veterinarian interns.

small businesses and persons other than businesses:

The proposed amendments only apply to applicants for licensure as a veterinarian or veterinary intern and licensed veterinarians and veterinarian interns. It should be noted that licensees in this profession could be considered a "small business". While the proposed amendments to this rule reflect a large number of technical changes, the basic requirements or cost of meeting the education, experience, and examination requirements do not change in any significant amount. By deleting the law/rule examination, each applicant for licensure will see a savings of $75. The Division estimates it licenses approximately 34 veterinarians and veterinarian interns in a year for an aggregate savings of $2,550.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a veterinarian or veterinary intern and licensed veterinarians and veterinarian interns. While the proposed amendments to this rule reflect a large number of technical changes, the basic requirements or cost of meeting the education, experience, and examination requirements do not change in any significant amount. By deleting the law/rule examination, each applicant for licensure will see a savings of $75.

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

As indicated in the rule summary, there is no anticipated fiscal impact to businesses with this rule filing, other than a possible savings to applicants for licensure from the elimination of the law and rule examination. 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
HEBER M WELLS BLDG
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 [e-mail]

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:

07/01/2008

Interested persons may attend a public hearing regarding this rule:

6/26/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

07/08/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-28. Veterinary Practice Act Rule[s].

R156-28-101. Title.

Th[ese]is rule[s are] is known as the "Veterinary Practice Act Rule[s]".

 

R156-28-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 28, as used in Title 58, Chapters 1 and 28 or th[ese]is rule[s]:

(1) ["AAVSB", as used in these rules, means the American Association of Veterinary State Boards.

(2) "AVMA", as used in these rules, means the American Veterinary Medical Association.

(3) "Direct supervision" means the supervising licensed veterinarian shall be present at the point and time at which professional services are being provided by the student or unlicensed person being supervised.

(4) ]"In association with licensed veterinarians", as used in Subsection 58-28-[8]307(6), means [providing consultation, performing a special procedure, or providing special expertise for a specialized case in the same facility as the Utah licensed veterinarian who requested the professional services]the out of state licensed veterinarian is performing veterinarian services in this state as the result of a request for assistance or consultation initiated by a Utah licensed veterinarian regarding a specific client or patient and the services provided by the out of state licensed veterinarian are limited to that specific request.

[ (5) "Indirect supervision" means the supervising licensed veterinarian shall be available for immediate voice contact by telephone, radio, or other means and shall provide daily face-to-face consultation and review of cases at the veterinary facility for the veterinary intern or unlicensed person being supervised.

(6) "NAVLE", as used in these rules, means the North American Veterinary Licensing Examination.

] ([7]2) "NBEC"[, as used in these rules,] means the National Board Examination Committee of the American Veterinary Medical Association.

(3) "Patient" means any animal receiving veterinarian services.

[ (8) "PAVE", as used in these rules, means Program for the Assessment of Veterinary Education Equivalence.

] ([9]4) "Practice of veterinary medicine, surgery, and dentistry" [means those acts and practices]as defined in Subsection 58-28-[2(4)]102(11) does not [and ]include[s] the implantation of any electronic device for the purpose of establishing or maintaining positive identification of animals.[

(10) "Qualified continuing education" means continuing education that meets the standards set forth in Section R156-28-304.

(11) "RACE", as used in these rules, means the Registry of Approved Continuing Education.

(12) "Supervision" as used in Subsection 58-28-8(2) means direct supervision.]

([13]5) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 28, is further defined in accordance with Subsection 58-1-203([5]1)(e) in Section R156-28-502.[

(14) "Veterinarian-client-patient relationship" means that the veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client who is the owner or other caretaker has agreed to follow the instruction of the veterinarian. In addition, there is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal, or by medically appropriate and timely visits to the premises where the animal is kept. In addition, the practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy.]

 

R156-28-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 28.

 

R156-28-302a. Qualifications for Licensure - Education Requirements.

In accordance with Subsections 58-1-203([2]1) and 58-1-301(3), the education requirements for licensure in Subsection 58-28-[4(3)]302 are defined, clarified, or established as follows.

(1) Each applicant for licensure as a veterinarian shall comply with one of the following:

(a) an official transcript demonstrating that the applicant has[must have] graduated from a veterinary college which held current accreditation by the Council on Education of the American Veterinary Medical Association (AVMA) at the time of [his]the applicant's graduation; or[ as evidenced by an official transcript documenting the degree earned and the date of graduation or a notarized diploma.]

([2]b) [Each applicant who has received his veterinary education in a foreign veterinary school shall demonstrate educational equivalency of his foreign veterinary school with an accredited domestic veterinary school by submitting a Certificate of Competence issued by the AVMA Educational Commission for Foreign Veterinary Graduates (ECFVG) or the AAVSB Program for Assessment of Veterinary Education Equivalence (PAVE) Certificate]if the applicant received a veterinary degree in a foreign country, demonstrate that the applicant's foreign education is equivalent to the requirements of Subsection R156-28-302a(1)(a) by submitting a Certificate of Competence issued by the AVMA Educational Commission for Foreign Veterinary Graduates (ECFVG) or the American Association of Veterinary State Boards (AAVSB) Program for Assessment of Veterinary Education Equivalence (PAVE).

(2) Each applicant for licensure as a veterinarian intern shall demonstrate that the applicant has met the education provided in Subsection R156-28-302a(1); however, if the applicant has graduated, but the educational institution has not yet posted the degree on the official transcript, the applicant may submit the official transcript together with a notarized letter from the dean or registrar of the educational institution, which certifies that the applicant has obtained the degree but it is not yet posted to the official transcript.

 

R156-28-302b. Qualifications for Licensure - Experience Requirements.

In accordance with Subsections 58-1-203([2]1) and 58-1-301(3), the experience requirements for licensure in Subsection 58-28-[4(4)]302 are defined, clarified, or established as follows.

(1) Each applicant for licensure as a veterinarian shall:

(a) complete [an approved internship which includes a minimum of ]1000 hours of experience while licensed as a veterinarian intern under the supervision of a licensed veterinarian in accordance with the following.

(i) Experience shall be earned in not less than six months and completed within two years of the date of the application.

(ii) Experience in the following settings is not acceptable to fulfill this experience requirement:

(A) temporary employment experiences of less than eight weeks in duration; or

(B) part time experience of less than 20 hours per week.

(iii) Experience completed while employed as unlicensed assistive personnel is not acceptable to fulfill this experience requirement.

(iv) If the experience is completed in a jurisdiction outside of Utah which does not issue licensure as a veterinarian or as a veterinarian intern or comparable licenses or was completed in a setting which does not require licensure, the applicant shall demonstrate that the experience was:

(A) lawfully obtained;

(B) obtained after the applicant met the education requirement specified in Section R156-28-302a;

(C) supervised by a competent supervisor who was licensed as a veterinarian or exempted from licensure, except if the supervisor was exempted from licensure, the applicant must demonstrate the qualifications and competence of the supervisor; and

(D) comparable to experience that would be obtained in a standard veterinarian practice setting in Utah.

(v) Supervision of the intern by the licensed veterinarian may be obtained by "indirect supervision" as defined in Section 58-28-102 provided that the supervisor supplements the indirect supervision with routine face to face contact as the licensed veterinarian deems appropriate using professional judgment.

(vi) Each applicant shall demonstrate completion of the experience required by submitting a verification of experience signed by the applicant and the applicant's supervising veterinarian on forms approved by the Division.

(vii) In the event the supervisor is unavailable or refuses to provide a certification of qualifying experience, the applicant shall submit a complete explanation of why the supervisor is unavailable and submit verification of the experience by alternative means acceptable to the board, which shall demonstrate that the work was profession-related work, competently performed, and sufficient accumulated experience for the applicant to be granted a license without jeopardy to the public health, safety or welfare.

(b) In accordance with Subsections 58-37-6(1)(a), 58-37-6(5)(b)(i) and R156-37-305(1), a veterinary intern is not eligible to obtain a controlled substance license during the internship.[supervised veterinary practice to be earned in not less than six consecutive months and not more than 12 consecutive months. Successful completion of an approved internship shall be documented and submitted to the division in a form provided by the division.

(2) Each veterinary intern shall have a valid Utah veterinary internship license before beginning his 1000 hour internship.

(3) An applicant for a veterinary internship license must make application to the division on a form provided by the division.

(4) A veterinary intern shall practice under the indirect supervision of the licensed Utah veterinarian approved by the division in consultation with the board or a licensed Utah veterinarian designated by the supervising veterinarian. The veterinary intern must reapply to the division for any change of supervising veterinarian.

(5) The 1000 hour internship shall not begin before the applicant has graduated from an AVMA accredited veterinary college, passed the Utah Veterinary Law and Rules Examination and obtained his Utah internship license.

(6) If the applicant is a graduate of a foreign college of veterinary medicine, he must document ECFVG or PAVE certification or acceptance to take the ECFVG or PAVE examination and meet with the board before obtaining a Utah internship license and beginning his 1000 hour internship.

(7) Evidence of a completed internship shall be documented by the supervising veterinarian and the veterinary intern to the division at the time application is made for Utah licensure as a veterinarian on a form provided by the division.]

 

R156-28-302c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203([2]1) and 58-1-301(3), the examination requirements for licensure in Subsection 58-28-[4(2)]302(1)(b) are defined, clarified, or established as follows:

(1) [For a]Applicants [sitting for]who passed the examinations listed in this subsection prior to May 1, 2000 shall submit documentation showing they passed:

(a) the National Board Examination (NBE) of the National Board Examination Committee (NBEC) of the American Veterinary Medical Association (AVMA) with a minimum passing score as determined by the NBEC; and

(b) the Clinical Competency Test (CCT) of the NBEC [of the AVMA ]with a minimum passing score as determined by the NBEC[; and

(c) the Utah Veterinary Law and Rules Examination with a minimum passing score of 75%].

(2) [For a]Applicants who [do not sit for]did not pass the examinations listed in Subsection (1) prior to May 1, 2000 shall submit documentation showing they passed[:

(a) ] the North American Veterinarian Licensing Examination (NAVLE) with a [passing ]score as determined by the NBEC[; and

(b) the Utah Veterinary Law and Rules Examination with a minimum passing score of 75%].

(3) To be eligible to sit for the NAVLE examination, an applicant shall submit the following:

(a) an application for [licensure]approval to sit for the NAVLE examination;

(b) the application fee; and

(c) documentation showing the applicant has met the education requirement specified in Section R156-28-302a or will complete the education requirement at the end of the semester or quarter in which the applicant is currently enrolled. If the applicant is enrolled in the final semester or quarter before obtaining the degree, documentation of the applicant's student status shall be provided by a letter from the [D]dean or registrar of [an approved veterinary school]the educational institution confirming the applicant is a student in good standing and will graduate with the next graduating class[; and

(d) a copy of the test application submitted to NAVLE].

[

R156-28-302d. Qualifications for Licensure - Content of Utah Veterinary Law and Rules Examination.

The Utah Veterinary Law and Rules Examination shall cover five content areas:

(1) the Division of Occupational and Professional Licensing Act, Title 58, Chapter 1;

(2) the General Rules of the Division of Occupational and Professional Licensing, R156-1;

(3) the Veterinary Practice Act, Title 58, Chapter 28;

(4) the Veterinary Practice Act Rules, R156-28; and

(5) the State of Utah rules governing the admission and inspection of livestock, poultry, and other animals, R58-1.

 

R156-28-302e. Qualifications for Licensure - Meet With the Board.

Applicants may be requested to meet with the board, at the discretion of the division or board, to satisfy the board that the applicant is qualified to practice veterinary medicine in the state.]

 

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.

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

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

 

R156-28-304. Continuing Professional Education.

In accordance with Section 58-28-306, there is created a continuing professional education requirement as a condition for renewal or reinstatement of licenses issued under Title 58, Chapter 28. The continuing professional education requirement shall comply with the following criteria.

(1) [There is hereby established a continuing professional education requirement for all individuals licensed under Title 58, Chapter 28.

(2) ]During each two year period commencing on September 30 of each even numbered year, a licensee shall be required to complete not less than 24 hours of qualified continuing professional education directly related to the licensee's professional practice.

([3]2) The required number of hours of continuing professional education for an individual who first becomes licensed during the two year period shall be decreased [in]by a pro-rata amount equal to [any]the part of that two year period preceding the date on which that individual first became licensed.

([4]3) Qualified continuing professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a veterinarian;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training, and experience; and

(e) have associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review.

([5]4) Credit for continuing professional education shall be recognized in accordance with the following:

(a) [u]Unlimited hours shall be recognized for continuing professional education as a student or presenter, completed in blocks of time of not less than one hour in formally established classroom courses, seminars, lectures, wet labs, or specific veterinary conferences approved or sponsored by one or more of the following:

(i) the American Veterinary Medical Association;

(ii) the Utah Veterinary Medical Association;

(iii) the American Animal Hospital Association;

(iv) the American Association of Equine Practitioners;

(v) the American Association of Bovine Practitioners;

(vi) certifying boards [approved by the RACE of]recognized by the AVMA;

(vii) the Western Veterinary Conference; or

(viii) other state veterinary medical associations or state licensing boards; or

(ix) the Registry of Continuing Education (RACE) of the AASVB.

(b) [n]No more than five continuing professional education hours may be counted for being the primary author of an article published in a peer reviewed scientific journal, and no more than two continuing professional education hours may be counted for being a secondary author.[; and]

(c) [n]No more than six continuing professional education hours may be in practice management courses.

(d) Any continuing professional education where there is no instructor or where the instructor is not physically present, shall assure the licensee's participation and acquisition of the knowledge and skills intended by means of an examination. These types of continuing professional education courses include internet, audio/visual recordings, broadcast seminars, mail and other correspondence courses.

([6]5) A licensee shall be responsible for maintaining competent records of completed qualified continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified continuing professional education to demonstrate it meets the requirements under this section.

(6) A licensee who is unable to complete the continuing professional education requirement for reasons such as a medical or related condition, humanitarian or ecclesiastical services, or extended presence in a geographical area where continuing education is not available, may be excused from the requirement for a period of up to three years as provided in Section R156-1-308d.[(7) A licensee who documents that he/she is engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section may be excused from the requirement for a period of up to three years; however, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.]

 

[R156-28-305. Exemptions From Licensure.

In addition to the exemptions from licensure in Sections 58-1-307 and 58-28-8, the following are exempt from the licensing provisions of this chapter, subject to the stated circumstances and conditions:

(1) any unlicensed personnel of a licensed veterinarian performing duties other than diagnosis, prescription or surgery under the direct supervision of the licensed veterinarian or under the indirect supervision of said licensed veterinarian while carrying out ongoing care for hospitalized patients; and

(2) the implantation of any electronic device for identifying animals by established humane societies, animal control organizations or governmental agencies that provide appropriate training.

]

R156-28-502. Unprofessional Conduct.

Unprofessional conduct includes:

(1) [any deviation in]deviating from the minimum standards of veterinary practice set forth in Section R156-28-503;

(2) permitting [an ]unlicensed assistive personnel to perform duties that [person under his supervision to assist or engage in acts or practices in which ]the individual is not competent by education, training or experience to perform; and

(3) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Principles of Veterinary Medical Ethics of the American Veterinarian Medical Association (AVMA), as approved by the AVMA Executive Board, July 1999, revised November 2003, which are hereby incorporated by reference, except that if a licensee fails to establish the veterinarian-client-patient relationship as required in Section III A. of those principles, such failure does not excuse the veterinarian from complying with all other duties that would be a part of the duties that would be imposed on a veterinarian if the veterinarian had properly established the veterinarian-client-patient relationship.[permitting an unlicensed person under his supervision to engage in acts or practices included in the definition of the practice of veterinary medicine, surgery, and dentistry without direct supervision or without indirect supervision while carrying out ongoing care for hospitalized patients; and

(4) permitting an unlicensed person under his supervision to perform surgery, to diagnose or prescribe.]

 

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 [written ]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 make available to each client a statement of charges.

(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.[

(4) A veterinarian shall assure a valid veterinarian-client-patient relationship in the use, prescription, or sale of any veterinary prescription drug, or the prescribing of an extra-label use of any drug.

(5) Medical records including radiographs are the physical property of the hospital or the proprietor of the practice that prepares them.

(6) The veterinary facility shall have minimum indoor lighting to provide reasonable visibility:

(a) halls and wards with 20 foot candles;

(b) reception area with 50 foot candles;

(c) examining rooms at table elevation with 70 foot candles; and

(d) surgery table elevation with 150 foot candles.

(7) The veterinary facility shall have adequate measures for the control of objectionable noises and odors in compliance with applicable health codes and standards of practice.

(8) The veterinary facility shall contain the following:

(a) a reception room and office, or a combination of the two;

(b) an examination room or area that is separate from the other areas of the facility and of sufficient size to accommodate the doctor, assistant, patient and client; and

(c) a sanitary surgery room or area which is separate and distinct from all other rooms, except in a large animal practice where modifications may be necessary to accommodate large animal surgery.

(9) The veterinary facility shall have an alternate source of lighting to be used in the event of power failure.

(10) The veterinary facility shall have appropriate temperature and ventilation to assure the comfort of all patients.

(11) The veterinary facility shall have an acceptable sanitary system for the disposal of deceased animals.

(12) In those veterinary facilities where animals are retained for treatment or hospitalization, the following shall be provided:

(a) separate compartments, one for each animal, maintained in a sanitary manner as to assure comfort, and be of a design and construction so as to facilitate sanitation procedures;

(b) facilities and efforts allowing for the effective separation of contagious and noncontagious cases;

(c) exercise areas which provide and allow effective separation of animals and their waste products; and

(d) adequate fire precautions according to local building and fire codes.

(13) The following equipment is required in a veterinary practice:

(a) an adequate means of sterilizing all appropriate equipment;

(b) autoclave equipment shall be properly utilized in those facilities where major surgery is conducted;

(c) surgical packs including drapes, gloves, sponges, towels, and adequate instrumentation;

(d) anesthetic equipment in accordance with the level of surgery performed available at all times; and

(e) oxygen resuscitating equipment available on the premises at all times.

(14) The following shall apply to the use of anesthesia:

(a) preanesthetic examination shall be performed on the patient by the attending veterinarian, unless contraindicated;

(b) the anesthetized animal shall be under supervision at all times and observed until at least the swallowing reflex has returned; and

(c) when major surgery is performed, currently recognized anesthesia shall be used.

(15) Currently recognized procedures for aseptic surgery shall be utilized as follows:

(a) scrubbing of surgical area with cleansing agent and water, unless contraindicated;

(b) disinfecting of the surgical area of the patient where practical;

(c) use of drapes where practical to cover the surgical area of the patient;

(d) appropriate attire and personal sanitation of surgeons and assistants, where practical; and

(e) properly prepared and sterilized surgical packs for each surgical procedure.]

 

KEY: veterinary medicine, licensing

Date of Enactment or Last Substantive Amendment: [June 3, 2003]2008

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