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321.185 Veterinarian-client-patient relationship.
(1)
(2)
(3)
In order for a veterinarian to practice veterinary medicine, a relationship among
the veterinarian, the client, and the patient shall be established and maintained.
"Veterinarian-client-patient relationship" means that:
(a) The veterinarian has assumed the responsibility for making judgments
regarding the health of the animal and the need for veterinary treatment,
and the client, whether owner or other caretaker, has agreed to follow the
instructions of the veterinarian;
(b) 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; and
(c) The practicing veterinarian is readily available or shall provide medical
service for follow-up in case of adverse reactions or failure of the regimen
of therapy. A new regimen of therapy shall be contingent only upon
cooperation of the client and availability of the subject animal.
The veterinarian shall maintain records which document patient visits,
diagnosis, treatment, and other relevant information.
(a) A veterinarian shall not violate the confidential relationship between the
veterinarian and the veterinarian's client.
(b) A veterinarian shall not release information concerning a client or care of
a client's animal, except on the veterinarian's receipt of:
1.
A written authorization or other form of waiver executed by the
client; or
2.
An appropriate court order or subpoena.
(c) A veterinarian who releases information as required under paragraph (b)
of this subsection shall not be liable to any person, including the client, for
an action resulting from the disclosure.
(d) The privilege provided by this subsection is waived by the client or the
owner of an animal treated by the veterinarian to the extent the client or
owner places at issue in a civil or criminal proceeding:
1.
The nature and extent of the animal's injuries; or
2.
The care and treatment of the animal provided by the veterinarian.
(e) This subsection shall not apply to:
1.
An inspection or investigation conducted by the board or an agent of
the board; or
2.
The veterinary reporting requirements and regulatory authority of
the Kentucky Horse Racing Commission to inspect, investigate, and
supervise horses and other participants in horse racing as provided
by KRS Chapter 230 and the administrative regulations promulgated
under KRS Chapter 230, or any other law applicable to the
regulation of horse racing in the Commonwealth.
(4)
Veterinarians providing copies of records under this section may charge no
more than the actual cost of copying, including reasonable staff time.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 39, sec. 1, effective June 25, 2009. -- Created
1992 Ky. Acts ch. 299, sec. 3, effective July 14, 1992.
Legislative Research Commission Note (6/25/2009). This statute, as amended
by 2009 Ky. Acts ch. 39, sec. 1, contains a reference in subsection (3)(e)2. to
the "Kentucky Horse Racing Commission." The abolition of the Kentucky Horse
Racing Authority and creation of the Kentucky Horse Racing Commission under
Executive Order 2008-668 was not confirmed by the General Assembly during
the 2009 Regular Session, and the name "Kentucky Horse Racing Authority"
appears throughout the rest of the Kentucky Revised Statutes.
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