KRS § 321.187 — KY Code / Title XXVI / Chapter 321 / Section 321.187
321.187 Medical recordkeeping -- Access to records
Status: in_force

321.187 Medical recordkeeping -- Access to records.

(1) Each veterinarian or AAHP who provides medical services to animals shall

maintain accurate electronic or legibly written medical records that include the

identity of the credential holder or authorized representative who makes the entry.

(2) The information in the medical records are the property of the client, and the client

has a right to a copy of those records. The practice where the records were prepared

shall be the official records custodian. Original patient records shall be retained by

the practice, the veterinary facility or AAHP facility where they were prepared, or

the veterinarian or AAHP who prepared them and be readily retrievable for a period

of five (5) years following the last patient encounter. Records stored by a third party

shall not relieve the veterinarian or AAHP from the responsibility of supplying

records to the client upon request.

(3) (a) The veterinarian or AAHP may require that a request for medical records be

in writing and may charge a reasonable fee for copying or the staff time in

preparing the requested medical records, unless there is a board investigation,

in which case no charges shall be authorized.

(b) Copies of the medical records shall be provided to the client, designated

veterinarian, AAHP, or authorized representative within seven (7) calendar

days after receipt of a proper request or sooner in accordance with the

patient's medical condition.

(c) Failure to provide the medical records in a timely fashion upon proper request

shall be considered unprofessional conduct.

(4) All records required by law to be kept by a veterinarian or AAHP shall be open to

inspection by the board or its authorized representatives, and a copy shall be

provided immediately upon request.

(5) All records shall comply with the requirements set forth by the board in

administrative regulations.

(6) An animal patient's medical record and medical condition is confidential and may

not be furnished to or discussed with any person other than the client or other

veterinarians, veterinary technicians, veterinary assistants, veterinary practice staff,

veterinary students, AAHPs, or consultants involved in the care or treatment of the

patient, except upon authorization of the client or under the following

circumstances:

(a) Access to the records is specifically required by law, or as described in KRS

321.185 and 321.188;

(b) In response to a court order or subpoena with notice given to the client or the

client's legal representative;

(c) For statistical and scientific research, if the information is abstracted in a way

as to protect the identity of the patient and client;

(d) As part of an inspection or investigation conducted by the board or an agent of

the board;

(e) To verify the rabies vaccination status of an animal to local law enforcement,

or to state or local health departments;

(f) In the course of a consultation; and

(g) As required by other state or federal law.

(7) A veterinarian or AAHP shall not intentionally create a false record, make a false

statement, or alter or modify any medical record, document, or report concerning

treatment of a patient. When correcting a medical record, the original content

should be readable, and the alteration shall be clearly identified with the correction,

reason for correction, date, and author's name.