KRS § 321.200 — KY Code / Title XXVI / Chapter 321 / Section 321.200
321.200 Exemptions from application of chapter
Status: in_force

321.200 Exemptions from application of chapter.

(1) No provision of this chapter shall be construed to prohibit any of the following:

(a) Any persons from gratuitously treating animals in cases of emergency care,

provided they do not use the word "veterinarian," "veterinary," "veterinary

technician," "veterinary nurse," or any title, words, abbreviation, or letters in a

manner or under circumstances which may induce the belief that the person

using them is qualified to engage in the practice of veterinary medicine or the

practice of veterinary technology as described in KRS 321.181;

(b) 1. The owner of any animal or animals, the owner's full-time, or part-time,

regular employees, or the owner's agent from caring for and treating

animals maintained in their custody, including but not limited to

euthanasia of livestock or administering drugs that are obtained and used

in accordance with applicable state and federal statutes and regulations

to, any animals belonging to the owner. With the exception of paragraph

(c) of this subsection and other limiting statutes, treatment shall not

include surgery.

2. Transfer of ownership, a temporary contract, or a temporary change in a

person's employment status shall not be used for the purpose of

circumventing this provision.

3. This provision shall not exempt an employee who would otherwise

qualify for a board credential from the credentialing requirements of this

chapter based on the employment status;

(c) Any person from castrating and dehorning food animals, as long as any drugs

or medications are obtained and used in accordance with applicable state and

federal statutes and regulations governing controlled substances, legend drugs,

and veterinary drugs;

(d) Any veterinary student as defined in KRS 321.181 from working under the

direct supervision of a veterinarian who is licensed under this chapter;

(e) Unlicensed graduate veterinarians in the United States Armed Services or

employees of the United States Department of Agriculture, Animal and Plant

Health Inspection Service, from engaging in the performance of their official

duties;

(f) Other lawfully qualified veterinarians who reside in and are licensed in other

jurisdictions from discussing or meeting, either in person or via telehealth,

with licensed veterinarians of this Commonwealth in consultation about a

patient so long as the Kentucky-licensed veterinarian has established and

maintains a current VCPR with the patient;

(g) A trainer, sales agent, or herdsman from caring for animals, upon instruction

from a Kentucky-licensed veterinarian, provided there is a current VCPR as

defined in KRS 321.185;

(h) A university faculty member or unlicensed veterinarian employee from

teaching veterinary science or related courses, providing services offered by

the university's veterinary diagnostic laboratory, or from engaging in

veterinary research through or on behalf of the university where the person is

employed, including drug and drug testing research, provided that research is

conducted in accordance with applicable state and federal statutes and

regulations governing controlled substances, prescription drugs, veterinary

drugs, and legend drugs. This provision shall not exempt the university

faculty member or unlicensed veterinarian employee from the requirements of

licensure if the person engages in the practice of veterinary medicine outside

the authority of the university or the scope of employment with the university

or engages in the private practice of veterinary medicine for compensation;

(i) Any person who holds a postgraduate degree in reproductive physiology or a

related field, and who has performed embryo transfers in Kentucky during the

five (5) years immediately preceding July 14, 1992, from performing embryo

transfers on animals;

(j) Volunteer health practitioners providing services under KRS 39A.350 to

39A.366;

(k) A retailer or its agent from providing information and suggestions regarding

the over-the-counter products it sells to treat animals so long as the

information and suggestions are consistent with the product label and species

appropriate;

(l) A Kentucky-licensed veterinarian from inspecting an animal, or an animal's

radiographs or other medical records, on behalf of a potential buyer or

potential seller, without regard to the existence of a VCPR;

(m) Any persons from implanting a microchip in an animal for the purposes of

identification or the establishment of ownership;

(n) A veterinarian who is licensed in another jurisdiction of the United States or

Canada, is in good standing in that jurisdiction, meets all criteria for licensure

in Kentucky, and who has an active application on file with the board pending

for less than ninety (90) days, from working as a veterinarian in Kentucky

under the supervision of a Kentucky-licensed veterinarian while the board

application for licensure is being processed, so long as the place of

employment, start date, contact information where the applicant works, and a

supervising veterinarian are disclosed in the application;

(o) Allied animal health professionals who are working within the scope of the

license;

(p) Certified animal euthanasia specialists who are working within the scope of

their certificate; or

(q) Volunteer health practitioners consulting with and assisting a licensed

veterinarian at a facility accredited by the Association of Zoos and Aquariums

from assisting in the care of and procedures on the zoo animals at the facility

while under the supervision of the veterinarian.

(2) (a) An unlicensed veterinarian who does not qualify for licensure in Kentucky

and who is a nonresident of the United States may be employed in this

Commonwealth to engage in the practice of veterinary medicine for not more

than thirty (30) days in a calendar year, provided the person:

1. Holds a valid, current license as a veterinarian in the person's home

country;

2. Practices under the direct supervision of a veterinarian licensed in

Kentucky;

3. Registers with the board prior to commencing practice in the

Commonwealth; and

4. Agrees to practice and follow all the rules and administrative regulations

of this chapter and be subject to discipline for violations of those rules

and administrative regulations by the Kentucky Board of Veterinary

Examiners.

(b) This subsection shall not apply to a nonresident of the United States who is

otherwise eligible for a Kentucky license or other credential under this

chapter.

(3) Nothing in this chapter shall interfere with the professional activities of any

licensed pharmacist.