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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 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
(4)
KRS Chapter 230, or any other law applicable to the regulation of horse
racing in the Commonwealth.
Veterinarians providing copies of records under this section may charge no more
than the actual cost of copying, including reasonable staff time.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 116, sec. 3, effective July 15, 2016. -- Amended
2009 Ky. Acts ch. 39, sec. 1, effective June 25, 2009. -- Created 1992 Ky. Acts ch.
299, sec. 3, effective July 14, 1992.
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