KRS § 321.185 — KY Code / Title XXVI / Chapter 321 / Section 321.185
321.185 Veterinarian-client-patient relationship
Status: in_force

321.185 Veterinarian-client-patient relationship.

(1) In order for a veterinarian to practice veterinary medicine, a relationship among the

veterinarian, the client, and the patient shall be established and maintained. The

veterinarian-client-patient relationship or VCPR is the basis for veterinary care and

means that:

(a) The veterinarian and the client or other caretaker of the patient both agree for

the veterinarian to assume responsibility for making medical judgments

regarding the health of the animal;

(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 within the previous twelve (12) months the

veterinarian either physically examined the animal or made a medically

appropriate in-person visit to the premises where the animal is kept; and

(c) The veterinarian has assumed responsibility for providing follow-up care and

continuation of care to the patient, except in cases where the veterinarian has:

1. Arranged for or contracted for emergency care or urgent care coverage

by another veterinarian who can provide reasonable and appropriate

medical care and has notified the client how to access emergency care;

or

2. Notified the client of an available registered facility that can provide

reasonable and appropriate medical care.

(2) The VCPR may extend to another veterinarian employed in the same registered

facility who is licensed to practice veterinary medicine within the Commonwealth,

so long as the other Kentucky-licensed veterinarian has sufficient knowledge in the

medical record to make a decision.

(3) The veterinarian shall maintain records that document patient visits, diagnosis,

treatment, and other relevant information, as required by KRS 321.187.

(4) (a) A veterinarian shall not violate the confidential relationship between the

veterinarian and the veterinarian's client. Consultation by the veterinarian with

another veterinarian or professional expert for the benefit of the patient shall

not constitute a violation of confidentiality.

(b) A veterinarian shall not release information concerning a client or care of a

client's animal, except:

1. On the veterinarian's receipt of:

a. A written authorization or other form of waiver executed by the

client; or

b. An appropriate court order or subpoena;

2. In cases of animal abuse, pursuant to KRS 321.188;

3. In cases of reportable diseases as they relate to public or animal health

pursuant to KRS 257.080 and 258.065 and the administrative

regulations promulgated under the authority of those statutes;

4. Other exceptions established in KRS 321.187 and 321.200; or

5. Upon request from the board.

(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 and Gaming Corporation 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 state or federal law applicable to

the regulation of horse racing in the Commonwealth.

(5) Veterinarians providing copies of records under this section may charge no more

than the actual cost of copying, including reasonable staff time.

(6) A licensed veterinarian who in good faith engages in the practice of veterinary

medicine by rendering or attempting to render emergency care or urgent care to an

animal when a client cannot be identified shall not be subject to penalty based

solely on the veterinarian's inability to establish a VCPR with an owner or the

owner's representative.

(7) A VCPR shall not be established solely by telehealth means. In the absence of a

VCPR, any advice provided through telehealth shall be general and not specific to a

patient, diagnosis, or treatment. Veterinary telemedicine shall only be conducted

within an existing VCPR, with the exception for advice given in an emergency care

situation until that patient can be seen in person by a licensed veterinarian.