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Show PAGE FRIDAY, NOVEMBER 20, 1970 THE DAILY RECORD FOUR I Attorney General Opinion- - Release of Mortgages Jordan Cr 539 to Otto Carpenter Oh etux OPINION NO. Cr 561 Jordan atux & Ut St Kadlec 581 Fed Bldg 597 to Dh Norman Raj Crump November 16, 1970 Retimnt to DaTld Fund M etux to Randall frehner atux to In A L 60 The Prud Ins 616 St 617 1st Fed Sax 678 SOo Title, Tr to Carl 669 Bus Mas Assur to Verl Nellson R Clark In to Earl A tory diagnosis? etux B A to to to Tr R Ohran Iho Don C Bale etui Valley Strong etux 698 Ditto 699 Ditto 727 Farm A Meoh Sar Bk WLnther etux After a person has successfully passed an examination of the character as that required of those who desire to practice medicine and surgery in all branches thereof, excepting therefrom materia medica, therapeutics, surgery, obstetrics and (1963)), he is theory and practice (Utah Code Ann. a issued license, Riohard LeRoy 697 Yes. ANSWER: etui Simon Cord ora Assistant Attorney General May Crenshaw E R. Topham, a chiropractor make a venous puncture for purposes of drawing blood for labora- QUESTION: tux Sax Floy W. McGinn, Director, Department of Business Regulation Vernon B. Romney, Attorney General BY: PREPARED etux son W Raw Fed Bldg same 58-12- -13 to Paul R dole 0 Galbraith to Glad hill etux 733 Dial Pin etux Ob to 731 Dial Pin etux Oo to L 735 Dial Pin Co 740 PFS to Collin 0 Smith etux 752 1st See St Housing Jade Bvuoa to Bk E C Jacobson Mathevscn C L This Coates to Ut Nonprofit to Arthur Anderson Lumber In to Jm 796 See Title to Palmers Bldg 797 Ditto 808 Charles A V Olsen appears 'Drugs and medicine are defined-aarticles intended for use in the diagnosis, " s cure, mitigation, treatment, or prevention of disease for which an authorized prescription is required by law. Such articles shall not include devices or their component parts, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease for which an authorized prescription is not required by law." Utah Code Ann. etux St Sar It perform operative surgery. I Bowles etux 791 a chiropractor would have. that in his practice practice the treatment of ailments by any means in accordance with the principles of his school, with the exception that he could not use drugs or medicines, nor could he Marshal! W to Robert Oo is the license that he could Oorp etux ailments 58-1- 2-3 Donna Bus Mens Aasu "... to inpractice the treatment of accordance with the tenets of the professional school, college or institution recognized by the department of registration of which the applicant is a graduate as designated in his application for license, but without the use of drugs or medicine and without operative surgery." Utah Code Ann. S (3) (1963). human 732 779 BY: Rax Russ all King to Fed Nat Mtga REQUESTED etux 603 756 70-0- 63 58-1- 2-3 etux to Whited R RL (3) (1963). Knuds eon to 809 PPS 821 Leroy . 895 Aetna Pin 897 1st to Leslie L Bury B to Robert D Oorfts Seo St to Andersen Lumber etux 899 Robet The two remaining questions are (1) whether the school of which the person is a graduate teaches the drawing of blood by venous puncture, and (2) whether a venous puncture is operative surgery. The first of these is a factual question that must be determined separately in each case. If the school does teach this as part of their theory and practice, the person could be tested on the procedure when he takes his examination. Utah Code Ann. S (1963). As to whether drawing blood is operative surgery, would not be, because operative surgery involves cutit probably some of ting part of the body. Crofts D Robert D Jr Crofts etux to Harold atux Ditto 90? Surety Life Ins to Marian Kesler etux Gerald D No 900 R to Cunningham atux E cases have been decided on Am Granite Teachers Cr to Faya etux 922 Fleteher Lucas to 930 Am Sax In to A A Carl etux Jamas Raid Back Stoddard etux M Wm J Ball atux D 58-1- 2-3 Respectfully submitted, Stevens etux to Lee as G VERNON 2355 . Utah It is the opinion of this office that a person who holds license under Utah Code Ann. S (3) (1963), and whose school teaches the drawing of blood for diagnostic purposes, can make a venous puncture for the purposes of drawing blood for laboratory diagnosis. a 918 this issue under the statute or any similar statute. Some states have by statute declared that a chiropractor could not pierce the skin, except to draw blood for diagnostic purposes. Nev. Rev. Stat. 634.225 (1969). Eq 992 use 58-12- -D Walton 910 in the etux to Chari Co etux 896 Jr W Hooton Kramer otto Therefore, the drawing of blood would not be included of drugs and medicine. Berg etux Edward C B. ROMNEY Attorney General to 071 PFS 095 Audrey RAnqulst Gan Mitchell etux A Kroll to VRTko Ban Douglas Isaac etux I 101 franklin D Richards A Co Peterson etux t 102 Tracy Collins Sleater Bk atux to 111 Ut Power A Light Eta ry Torgensen atux 156 freed 165 V1 173 Anderson Lumber Co 174 Ditto 175 Ditto Kornan L To Trent B)1 860 Hen- to Charlotte Klehus Ln Corp etux to lean to Don to K Andrews Golden R Where thousands of listeners enjoy concert music and news every day! atux Miir i I i |