KY - Veterinary - Chapter 321. Veterinarians. | Animal Legal & Historical Center

Primary Citation: KRS § 321.010 - 990 Country of Origin: United States Last Checked: November, 2024 Alternate Citation: KY ST § 321.010 - 990 Historical:

Summary: These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

Repealed Sections 321.010 - 321.170

Purpose of Chapter and Definitions

321.175 Purpose for certain sections of chapter

321.180 Definitions; what constitutes practice of veterinary medicine--Repealed

321.181 Definitions for chapter

321.185 Veterinarian-client-patient relationship

321.186 Telehealth; authorization; types

321.187 Medical recordkeeping; access to records

321.188 Reporting of animal abuse

321.189 Criminal background investigation for applicants

Licensing Provisions

321.190 License required to practice veterinary medicine or veterinary technology

321.193 Veterinarian's license; requirements

321.195 Retirement and reactivation of license

321.200 Exemptions from application of chapter

321.201 Special permits; duration

321.203 Veterinary facilities; registration

321.205 Mobile facilities; authorized incidental activities

321.207 Authorization to apply to United States Drug Enforcement Administration and controlled substance registration; certification of animal control agencies and animal euthanasia specialists; possession and storage of drugs used for euthanasia

321.208 Renewal of animal euthanasia specialist certificate and animal control agency certificate

321.210 Status of existing licenses; renewal of licenses; licensing of persons who practiced prior to 1916--Repealed

321.211 Renewal of veterinarian license; fees; expiration and termination of license; reinstatement; continuing education; retired or inactive licensure status

321.220 Licensing of person holding license from another state or country; reciprocity--Repealed

321.221 Requirements for a credential by endorsement for individuals licensed in other jurisdictions

Board of Veterinary Examiner Provisions

321.230 Kentucky Board of Veterinary Examiners; membership; qualifications; appointment; terms; vacancies; compensation; removal of member

321.235 Powers and duties of board

321.236 Administrative regulations; registration requirements; voluntary inspections by the board; disciplinary action against registrant

321.237 Veterinary medical impairment committee

321.240 Board officers; terms officers; meetings; employment of staff

321.250 - 321.310 Repealed

321.320 Revolving fund for administration; reserve fund

Disciplinary Provisions

321.351 Disciplinary action; offenses subject to disciplinary action; private admonishment; criminal background investigation

321.352 Board to establish fines through promulgation of administrative regulations

321.353 Emergency order for immediate, temporary suspension of license, certificate, permit, or registration when necessary to protect the public; right to appeal

321.360 Hearings by board; appeal

321.441 Veterinary technician's license; qualifications; scope of practice; annual fee; exception

321.442 Renewal of veterinary technician license

321.443 Veterinary assistant; duties

321.990 Penalties

Repealed Sections

321.010 Definitions--Repealed

321.020 Practice without license and registration prohibited--Repealed

321.030 Persons exempt from KRS 321.020--Repealed

321.040 License to practice; fee; issuance of license; reexamination-- Repealed

321.050 Nature of examination--Repealed

321.060 Time and place of examination; notice--Repealed

321.070 Renewal of license--Repealed

321.080 Causes for refusal, suspension, revocation of license--Repealed

321.090 Hearing on suspension, revocation of license; appeal to governor-- Repealed

321.100 County clerk to be notified of suspension or revocation; practice prohibited--Repealed

321.110 State board of veterinary examiners; members; terms; qualifications; officers; compensation--Repealed

321.120 Functions of board--Repealed

321.130 President may issue subpoenas, administer oaths--Repealed

321.140 Record of board's proceedings; notice of refusal to issue license-- Repealed

321.150 Secretary to report to commissioner--Repealed

321.160 License to be recorded with county clerk; practice prohibited before recording; fee--Repealed

321.170 County clerk to keep list of licenses, report to board--Repealed

321.175 Purpose for certain sections of chapter

(1) This chapter shall be known as the Kentucky Veterinary Medicine Practice Act.

(2) It is hereby declared that:

(a) The practices of veterinary medicine, veterinary technology, animal euthanasia, and allied animal health professionals and the operation of veterinary facilities, AAHP facilities, and board-certified animal control agencies are privileges which are granted by legislative authority and are subject to regulation and control in the interest of public health, safety, and welfare to protect the public from:

1. Being misled by incompetent, unscrupulous, and unauthorized practitioners;

2. Unprofessional or illegal practices by persons licensed to practice veterinary medicine, veterinary technology, animal euthanasia, and the allied animal health professions;

3. Substandard care; and

4. Unlicensed persons;

(b) It is a matter of public interest and concern that the practices of veterinary medicine, veterinary technology, animal euthanasia, and allied animal health professions working on animals merit and receive the confidence of the public and that only qualified individuals be permitted to practice these professions in the Commonwealth. This chapter shall be liberally construed to carry out these objectives and purposes;

(c) The intent of this chapter is to regulate the professions of veterinary medicine, veterinary technology, animal euthanasia, and allied animal health professional work on animals and to establish standards for veterinary premises and AAHP premises, both fixed and mobile, and shall result in displacing competition by restricting licensure, permitting, certification, and registration to practice these professions, as this practice is defined and interpreted by the board, to persons and premises determined by the board to be qualified under this chapter; and

(d) Any resulting restriction on competition is outweighed by the broader interest in protection of the public health, safety, and welfare. It is understood that the regulatory structure calls for veterinarians, veterinary technicians, AAHPs, and citizens at large to serve on the board and this chapter recognizes the need for professional expertise provided by veterinarians and veterinary technicians serving the public interest.

(3) This chapter is intended to provide active oversight and supervision through its legislative enactment, the promulgation of administrative regulations, the appointment of board members by the Governor, legal representation of the board by competent counsel, legislative appropriation of moneys and spending authority to support the board, and engagement in the administrative regulation review process under the auspices of the Legislative Research Commission.

(4) It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the licensure, permitting, certification, registration, and regulation of individuals, whether physically located within or outside of the Commonwealth, who practice veterinary medicine, veterinary technology, animal euthanasia, and AAHP services within Kentucky, and the registration of veterinary facility locations, AAHP facility locations, and mobile facilities where veterinary medicine or AAHP activities are being practiced. In furtherance of this purpose, the Kentucky Board of Veterinary Examiners is created, and its members, functions, and procedures shall be established in accordance with this chapter.

(5) The purpose of this chapter is to establish a comprehensive scheme to fully occupy the fields of veterinary medicine, veterinary technology, AAHP work on animals, and animal euthanasia, and provide a uniform regulatory scheme to be enforced by the Kentucky Board of Veterinary Examiners as defined in the scopes of practice.

Credits
HISTORY: 2023 c 95, § 1, eff. 6-29-23; 2016 c 116, § 1, eff. 7-15-16; 1996 c 318, § 282, eff. 7-15-96; 1992 c 299, § 1, eff. 7-14-92

321.180 Definitions; what constitutes practice of veterinary medicine-- Repealed

321.181 Definitions for chapter

As used in this chapter:

(1) “Allied animal health professional” or “AAHP” means a professional who has completed an approved allied animal health professional program as defined by administrative regulation and who offers specialized, limited services as defined by administrative regulation to an animal patient in animal chiropractic;

(2) (a) “Allied animal health professional facility” or “AAHP facility” means any building, fixed facility, place, premises, mobile facility, mobile unit, or location from which the practice of allied animal health professionals on animals is conducted or performed, including but not limited to a mobile clinic or facility, outpatient clinic, emergency facility, specialty facility, referral facility, human facility, or center.

(b) An AAHP facility includes all fixed buildings used in AAHP practice at a single physical premises location.

1. The premises of a client unless a fixed allied animal health professional facility is located on the premises;

2. A research facility;

3. A federal military base;

4. Locations for temporary animal exhibition;

5. State or federal regulatory facilities; or

6. An approved allied animal health professional program location;

(3) “Allied animal health professional manager” or “AAHP manager” means at least one (1) board-permitted AAHP who registers to assume responsibility for the registration, management, and operation of a registered allied animal health professional facility;

(4) “Allied animal health professional permit” or “AAHP permit” means a credential issued to an allied animal health professional who is permitted by the board to practice on animals in the Commonwealth and to conduct specialized services for an animal patient limited to the scope of work as defined in administrative regulation by the board;

(5) “Animal” means any member of the animal kingdom other than a human, whether living or dead;

(6) “Animal chiropractic” means the science of diagnosing and adjusting or manipulating the subluxations of the articulations of an animal's spine and its adjacent tissues and by applying methods of treatment designed to augment those adjustments or manipulations;

(7) “Animal shelter” means a public agency or private humane society, society for the prevention of cruelty to animals, animal protection shelter or control agency, or other facility that provides shelter and care for homeless, stray, unwanted, or injured animals;

(8) “Applicant” means a person who submits an application for licensure, certification, permit, or registration, whether complete or not, to the board;

(9) “Approved allied animal health professional program” means a school or educational program offering specialized training to provide limited services to an animal patient that has been approved by the board as meeting its administrative standards;

(10) “Approved foreign equivalency program” means a school or educational program that has been approved by the board as meeting its administrative standards, which offers additional training and testing for persons who graduated from a non-board-approved veterinary medical program or non-board-approved veterinary technology program;

(11) “Approved program of continuing education” means an educational program approved by the board or offered by an approved provider of continuing education;

(12) “Approved provider of continuing education” means any person that has met the requirements of the board to provide educational courses that are designed to ensure continued competence in the practice of veterinary medicine, veterinary technology, animal euthanasia, or other area of practice governed by the board;

(13) “Approved veterinary medical program” means a school of veterinary medicine or a veterinary medical education program that has been approved by the board as meeting its administrative standards;

(14) “Approved veterinary technology program” means a school of veterinary technology or a veterinary technology education program that has been approved by the board as meeting its administrative standards;

(15) “Background check” means an inquiry within a system for the collection, processing, preservation, or dissemination of criminal history records maintained by one (1) or more local, state, or federal agencies;

(16) “Board” means the Kentucky Board of Veterinary Examiners;

(17) “Certificate holder” means a person certified by the board;

(18) “Certified animal control agency” means an animal shelter that is certified by the board;

(19) “Certified animal euthanasia specialist” means a person employed by a certified animal control agency who is authorized by the board to humanely euthanize animals by administering drugs designated by the board for euthanasia and sedation including animals owned by the certified animal control agency or animals in emergency care circumstances;

(20) “Chemical restraint” means the use of any controlled substance, veterinary drug, prescription, veterinary prescription drug, or legend drug that restrains or tranquilizes the animal;

(21) “Client” means the owner, owner's agent, or other person presenting the patient for care, who has entered into an agreement with a veterinarian or allied animal health professional on behalf of a patient for the purposes of obtaining veterinary medical services or allied animal health professional services in person or by any means of communication or telehealth;

(22) “Compensation” includes any gift, bonus, fee, money, credit, or other thing of value;

(23) “Complementary and alternative veterinary medicine therapies” means a heterogeneous group of preventive, diagnostic, and therapeutic philosophies and practices that are not considered part of conventional veterinary medicine. These therapies include but are not limited to:

(a) Veterinary acupuncture, acutherapy, and acupressure;

(b) Veterinary homeopathy;

(c) Veterinary manual or manipulative therapy, such as therapies based on techniques practiced in osteopathy, chiropractic, or physical medicine and therapy;

(d) Veterinary nutraceutical therapy; and

(e) Veterinary phytotherapy;

(24) “Consultation” means a veterinarian's receipt of advice, assistance in person, or by any method of communication from a veterinarian or other person whose expertise, in the opinion of the veterinarian, would benefit a patient while the responsibility for the welfare of the patient remains with the veterinarian receiving consultation;

(25) “Continuing education” means training that is designed to ensure continued competence in the practice of veterinary medicine, veterinary technology, or for certified animal euthanasia specialists, permitted allied animal health professionals, or any board credential holder;

(26) “Continuing education contact hour” means a fifty (50) minute clock hour of instruction, not including breaks or meals;

(27) “Conviction” means a formal declaration that someone is guilty of a crime by a court of competent jurisdiction and shall include a finding or verdict of guilt, an admission of guilt, a no contest plea, a plea of nolo contendere, or a guilty plea;

(28) “Credential” means:

(a) Any license, certificate, permit, registration, or other credential issued or approved by the board; or

(b) The authorization to serve as the veterinarian manager or registered responsible party designated on a veterinary facility registration, as the AAHP manager or registered responsible party designated on an AAHP facility registration, or as the designated on-site manager designated for a certified animal control agency;

(29) “Credential holder” means a person who holds an approved credential issued by the board, which may be one (1) or more of the following:

(a) Certificate;

(b) License;

(d) Registration; or

(e) Special permit;

(30) “Designated on-site manager” means a person who registers with the board to assume responsibility for the ordering, management, use, and disposal of controlled substances at a certified animal control agency;

(31) “Discipline” means any final order, settlement agreement, reprimand, fine, or other adverse consequence assessed against a person by the board or any of its counterparts in other jurisdictions;

(32) “Embryo transfer” means to remove an embryo from any animal for the purpose of transplanting the embryo into another animal, cryopreserving the embryo, or implanting the embryo into any animal, including food and companion animals;

(33) “Emergency care” means immediate treatment that is necessary to sustain life or end suffering of an animal that is in a life-threatening condition;

(34) “Examination” means a qualifying examination approved by the board as a condition for certification, licensure, permit, or registration;

(35) “Expired” is a licensure status whereby the credential holder failed to renew the credential in a timely manner in accordance with the deadline set by the board;

(36) “Extralabel use” means actual use or intended use of a drug in an animal in a manner that is not in accordance with the approved labeling and includes but is not limited to:

(a) Use in species or production class not listed in the labeling;

(b) Use for indications such as disease or other conditions not listed in the labeling;

(d) Deviation from the labeled withdrawal time based on these different uses;

(37) “Felony” means a criminal act as defined by any jurisdiction or by definition under federal law;

(38) “Fixed facility” means a permanent location that is generally not moveable;

(39) “Grievance” or “complaint” means any allegation of misconduct that may constitute a violation of this chapter or any administrative regulation promulgated under the authority of this chapter;

(40) “Impaired” means that a credential holder, designated on-site manager, veterinarian manager, AAHP manager, or registered responsible party may reasonably be unable to perform that person's duties with competence, skill, and safety because of a physical or mental disability or incapacity, including deterioration of mental capacity, loss of motor skills, or substance use or disorder of sufficient degree which may reasonably diminish the person's ability to deliver competent patient care;

(41) “In-person” means physically in the same physical space;

(42) “Informed consent” or “consent” means the veterinarian or allied animal health professional permittee has informed the client or the client's authorized representative in a manner understood by the client or the client's authorized representative of the diagnostic and treatment options, potential outcomes, risk assessment, prognosis, and options and the client has consented to or knowingly declined the recommended services or treatment;

(43) “Jurisdiction” means:

(a) Any Commonwealth, state, or territory of the United States of America, including the District of Columbia;

(b) Any province of Canada; or

(c) A regulatory organization, including an international body; that issues licenses, registrations, permits, or certificates related to the professional fields of veterinary medicine;

(44) “Licensee” means a person licensed by the board under this chapter;

(45) “Livestock” means bovines, equines, sheep, goats, swine, poultry, captured or cultivated aquatic species, farm-raised cervidae and camelidae, bees, and any other species used in the production of fiber, meat, eggs, honey, milk, and other animal food products;

(46) “Mobile facility” or “mobile unit” means a motor vehicle that is utilized pursuant to KRS 321.205;

(47) “Patient” means any animal or group of animals receiving care from a veterinarian, veterinary technician, veterinary assistant, animal euthanasia specialist, or allied animal health professional;

(48) “Permittee” means a person permitted by the board under this chapter;

(49) “Person” means any individual, firm, partnership, association, joint venture, cooperative, corporation, governmental body, or any other group, legal entity, or combination acting in concert, and whether or not acting as a principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of the person;

(50) “Practice of veterinary medicine” means any person who practices veterinary medicine when performing any one (1) or more of the following on an animal:

(a) Directly or indirectly diagnoses, prognoses, corrects, changes, relieves, prevents, supervises, recommends, or performs medical or surgical treatment, including complementary and alternative veterinary medicine therapies, obstetrics, dentistry, oral surgery, acupuncture, laser therapy, manipulation, and all other branches or specialties of veterinary medicine, for the diagnosis, prevention, cure, or relief of a wound, defect, deformity, fracture, bodily injury, disease, or dental, physical, behavioral, or mental condition;

(b) Prescribes, dispenses, or administers any drug, medicine, anesthetic, biologic, appliance, apparatus, application, treatment, or other therapeutic or diagnostic substance or technique for veterinary purposes, or performs euthanasia, in accordance with the applicable federal statutes and regulations governing controlled prescription drugs, legend drugs, and veterinary drugs;

(c) Performs any manual procedure for the diagnosis, treatment, or both of pregnancy, sterility, or infertility, including embryo transfer;

(d) Represents oneself, directly or indirectly, as engaging in the practice of veterinary medicine; or

(e) Uses any words, letters, or titles as to induce the belief that the individual using them is authorized to practice veterinary medicine under this chapter with such use being prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine;

(51) “Practice of veterinary technology” means:

(a) The practices of veterinary technology when performing patient care, professional medical care, monitoring, treatment, or other services on an animal that require a technical understanding of veterinary medicine on the basis of written or oral instruction of a veterinarian, or under supervision of a veterinarian; and

(b) 1. Representation of oneself, directly or indirectly, as a licensed veterinary technician or “LVT”; or

2. Use of any words, letters, or titles under circumstances that would induce the belief that the individual using them is authorized to practice as a veterinary technician under this chapter, with such use being prima facie evidence of the intention to represent oneself as engaged in practice as a veterinary technician;

(52) “Premises” means any place where an animal is located when veterinary medicine is being practiced;

(53) “Prescription” means an order for a drug or medicine, combination or mixture of drugs or medicines, or proprietary preparation that is signed, given, or authorized and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a patient;

(54) “Registrant” means a person or premises registered with the board under this chapter;

(55) “Registered allied animal health professional facility” or “registered AAHP facility” means an AAHP facility that is registered with the board;

(56) “Registered facility” means any AAHP facility or any veterinary facility that is registered with the board;

(57) “Registered responsible party” means at least one (1) person who:

(a) Does not otherwise hold a credential with the board who is designated as the registered responsible party on a facility registration and is responsible for its operation and management in conjunction with the veterinarian manager or allied animal health professional manager; and

(b) Is held accountable to the board as a credential holder for any violation of this chapter and its associated administrative regulations. At a minimum, the registered party shall include all persons, owners, and corporate owners of the registered veterinary facility or allied animal health professional facility;

(58) “Registered veterinary facility” means a veterinary facility that is registered with the board;

(59) “Supervision” pertains to any of the following:

(a) “Supervising veterinarian” means a veterinarian who assumes responsibility for the veterinary care given to a patient by an individual working under the veterinarian's direction and has examined the patient pursuant to currently acceptable standards of care;

(b) “Immediate supervision” means the supervising veterinarian is physically in the immediate area and within audible and visual range of the patient and the individual treating the patient;

(c) “Direct supervision” means the supervising veterinarian is readily available on the premises where the patient is being treated; and

(d) “Indirect supervision” means the supervising veterinarian need not be on the premises but has given either written or oral instructions for the treatment of the patient and is readily available for communication;

(60) “Teleadvice” means the provision of any health information, opinion, guidance, or recommendation concerning prudent future actions that are not specific to a particular patient's health, illness, or injury;

(61) “Teleconsulting” means telehealth in which a veterinarian, veterinary technician, AAHP, or other credential holder uses telehealth tools to communicate with a specialist or another professional to gain insights and advice on the care of a patient;

(62) “Telehealth” means all uses of technology to remotely gather and deliver health information, advice, education, and care;

(63) “Telemedicine” or “connected care” means the integration of digital technologies to enhance and support the VCPR and facilitate proactive and ongoing care through improved communication, diagnosis, and monitoring;

(64) “Telemonitoring,” “mHealth,” “mobile health,” means remote monitoring of a patient who is not at the same location as the health care provider;

(65) “Telesupervision” means the supervision of individuals using media such as audio or audio/video conference, text messaging, and e-mail;

(66) “Teletriage” means the safe, appropriate, and timely assessment and management of an animal patient via electronic consultation with its owner, regardless of whether there is an immediate referral to a veterinarian and where a diagnosis is not rendered;

(67) “Veterinarian” means an individual who is licensed to engage in the practice of veterinary medicine under this chapter;

(68) “Veterinarian manager” means at least one (1) Kentucky-licensed veterinarian who registers to assume responsibility for the registration, management, and operation of a registered veterinary facility;

(69) “Veterinarian-client-patient relationship” or “VCPR” has the same meaning as in KRS 321.185;

(70) “Veterinary assistant” means a layperson or noncredential holder who is employed by a veterinarian in accordance with KRS 321.443;

(71) (a) “Veterinary facility” means any building, fixed facility, place, premises, mobile facility, or mobile unit location from which the practice of veterinary medicine and practice of veterinary technology are conducted or performed, including but not limited to a mobile clinic or facility, outpatient clinic, veterinary hospital or clinic, emergency facility, specialty facility, referral facility or center, temporary health clinic, or spay/neuter location. A veterinary facility shall include all fixed buildings used for the practice of veterinary medicine at a single physical premises location.

(b) “Veterinary facility” does not include:

1. The premises of a veterinary client unless a fixed veterinary facility is located on the veterinary client's premises;

2. A research facility;

3. A federal military base;

4. Locations for temporary animal exhibition;

5. State or federal regulatory facilities;

6. Officially designated emergency and disaster response locations;

7. A facility with current accreditation by the Association of Zoos and Aquariums; or

8. An American Veterinary Medical Association-accredited college of veterinary medicine or veterinary technology;

(72) “Veterinary specialist” means a veterinarian that has been awarded and maintains certification from an American Veterinary Medical Association-recognized veterinary specialty organization, program, or college, and is registered in this specialty with the board;

(73) “Veterinary student” means:

(a) A person enrolled in an approved veterinary medical program while pursuing a degree in veterinary medicine; or

(b) A person in a post-Doctor of Veterinary Medicine temporary private internship, residency, or veterinary hospital-based program, not to exceed thirty (30) days in a calendar year;

(74) “Veterinary technician” means a person who has completed an approved veterinary technology program, is licensed in accordance with this chapter, and meets the requirements in KRS 321.441;

(75) “Veterinary wellness committee” means a committee appointed by the board that is composed of individuals who have expertise in the areas of alcohol abuse, chemical dependence, drug abuse, or physical or mental condition designated by the board to perform activities related to the veterinary wellness program; and

(76) “Veterinary wellness program” means the board-sponsored program for the identification, intervention, and monitoring of credential holders or applicants who may be impaired as a result of alcohol abuse, chemical dependence, drug abuse, or any physical or mental condition.

Credits
HISTORY: Repealed and reenacted 2023 c 95, § 2, eff. 6-29-23; 2016 c 116, § 2, eff. 7-15-16; 2004 c 189, § 28, eff. 7-13-04; 1998 c 126, § 1, eff. 7-15-98; 1992 c 299, § 2, eff. 7-14-92

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.

Credits
HISTORY: 2024 c 171, § 107, eff. 7-1-24; 2023 c 95, § 10, eff. 6-29-23; 2020 c 117, § 2, eff. 7-15-20; 2016 c 116, § 3, eff. 7-15-16; 2009 c 39, § 1, eff. 6-25-09; 1992 c 299, § 3, eff. 7-14-92

321.186 Telehealth; authorization; types

Telehealth shall be authorized for veterinary practice. Telehealth is divided into categories based on who is involved in the communication. For communication between veterinarians and other persons, there are distinctions in practice related to whether a VCPR as set forth in KRS 321.185 has been established with the patient. Different types of veterinary telehealth include the following:

(1) Telemonitoring, mHealth, or mobile health applications and wearables which are:

(a) Designed to augment animal health care within VCPRs; or

(b) Designed and marketed directly to consumers for their education and for animal monitoring without clinical input and outside the context of a VCPR;

(2) Telesupervision, which shall be permitted as a part of telehealth practice;

(3) Telemedicine or connected care, which provides the delivery of information specific to a particular patient and shall be conducted within the context of an established VCPR to ensure protection for the patient, subject to the following:

(a) Telemedicine or connected care is an approach to veterinary practice that is patient- and client-centered, and actively engages the entire veterinary healthcare team. This type of telehealth involves use of one (1) or more tools to exchange medical information electronically from one (1) site to another to improve a patient's clinical health status, which may be utilized to augment the practice of veterinary medicine. The appropriate application of connected care or telemedicine can enhance animal care by facilitating communication, diagnostics, treatments, client education, scheduling, and other tasks;

(b) Practitioners providing telemedicine or connected care to patients in the Commonwealth shall be credentialed to practice by the board and operate in association with a registered veterinary facility or registered allied animal health professional facility in Kentucky. Practitioners practicing this type of telemedicine shall comply with all state and federal statutes and regulations, including requirements for access to follow-up care; and

(c) Telemedicine or connected care provided to patients in Kentucky shall only be conducted within an existing VCPR as set forth in KRS 321.185 and is required to be reestablished through an in-person visit every twelve (12) months, with the exception of advice given in an emergency care situation or teletriage until a patient can be seen by or transported to a veterinarian. The VCPR for that twelve (12) months shall be deemed to constitute a relationship in Kentucky, regardless of whether the patient or client travels outside the Commonwealth; and

(4) Telehealth conducted without a VCPR, which may include only the delivery of general advice, educational information, and teletriage. Telehealth which may be conducted without a VCPR includes:

(a) Teleadvice, which is general advice that is not intended to diagnose, prognose, treat, correct, change, alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions. If the practitioner providing the teleadvice is a qualified veterinarian, veterinary technician, allied animal health professional, or other board credential holder, the practitioner shall be required to hold a valid credential from the Kentucky board, except as authorized by SKRS 321.200, shall comply with all state and federal statutes and regulations, and shall disclose the practitioner's name and Kentucky credential number to the person receiving services;

(b) Teleconsulting, in which the established VCPR remains with the veterinarian seeking advice or counsel; and

(c) Teletriage, when in assessing patient condition electronically, the assessor determines urgency and the need for immediate referral to a veterinarian, based on the owner's or responsible party's report of history and clinical signs, sometimes supplemented by visual information, such as photographs or video. Practitioners providing teletriage to patients in the Commonwealth shall be credentialed to practice by the board in Kentucky, shall comply with all state and federal statutes and regulations, and shall disclose the practitioner's name and Kentucky credential number to the person receiving services.

Credits
HISTORY: 2023 c 95, § 3, eff. 6-29-23

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, veterinarian, or AAHP who prepared them and be readily retrievable for a period of five (5) years following the last patient encounter. Records shall not be stored by a third party without a record of signed, informed consent by the client. 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 permittee, 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, AAHP permittees, 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;

(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.

Credits
HISTORY: 2023 c 95, § 4, eff. 6-29-23

321.188 Reporting of animal abuse

If a veterinarian finds that an animal with which the veterinarian has a VCPR has been abused in violation of KRS 525.125, 525.130, 525.135, or 525.137, the veterinarian may make a report to:

(1) The Office of the State Veterinarian for any animal for which an on-farm livestock or poultry care standard has been promulgated under KRS 257.196; or

(2) Law enforcement for any other animal.

Credits
HISTORY: 2023 c 95, § 11, eff. 6-29-23; 2020 c 117, § 1, eff. 7-15-20

321.189 Criminal background investigation for applicants

The board shall require a national and state criminal background investigation for every applicant seeking a license, certificate, registration, or permit issued by the board permitting the applicant to engage in a veterinary practice or activity regulated by the board. The criminal background investigation shall be by means of a fingerprint check by the Department of Kentucky State Police or equivalent state police body in the applicant's home state and the Federal Bureau of Investigation, pursuant to the following requirements:

(1) The applicant shall provide his or her fingerprints to the Department of Kentucky State Police, or equivalent state police body in the applicant's home state, for submission to the Federal Bureau of Investigation after a state criminal background check is conducted;

(2) The results of the national and state criminal background check shall be sent to the board for the screening of applicants;

(3) The board shall be prohibited from releasing any criminal history record information to any private entity or other licensing board, or authorizing receipt by such entity or board; and

(4) Any fee charged by the Department of Kentucky State Police or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the background check. The board may charge this fee to the applicant for licensure or certification.

Credits
HISTORY: 2023 c 95, § 7, eff. 6-29-23

321.190 License required to practice veterinary medicine or veterinary technology

(1) The practice of veterinary medicine and the practice of veterinary technology in the Commonwealth are subject to enforcement by the board. Except as otherwise provided in this chapter, it shall be unlawful for any person to engage in the practice of veterinary medicine or the practice of veterinary technology in the Commonwealth through any means unless licensed under the applicable provisions of this chapter, except as provided in KRS 321.200 and 321.443.

(2) (a) A person shall not use the designation “veterinarian,” “licensed veterinarian,” or any other designation indicating licensure status, including abbreviations, or hold that person out as a veterinarian unless licensed for that profession.

(b) A person shall not use the designation “veterinary technician,” “licensed veterinary technician,” or any other designation indicating licensure status, including abbreviations, or hold that person out as a veterinary technician unless licensed for that profession.

(3) The practice of veterinary medicine by telephonic, videoconference, telehealth, or other means shall constitute the practice of veterinary medicine subject to licensure and enforcement by the board.

(4) A veterinarian shall utilize the services of a licensed veterinary technician or veterinary assistant in accordance with this chapter and the administrative regulations promulgated under the authority of this chapter. Unauthorized utilization of any person's services in violation of this chapter shall be considered as aiding and abetting any unlicensed person to practice veterinary medicine as described in KRS 321.351.

(5) Nothing in this chapter shall be construed to prevent members of other professions from performing functions for which they are credentialed by the board and that is within their defined scope of practice. However, these persons shall not hold themselves out or refer to themselves by any title or description stating or implying that they are licensed or otherwise entitled to engage in the practice of veterinary medicine or the practice of veterinary technology.

(6) Except as authorized by KRS 321.200, nothing in this chapter shall be construed to permit any person who is not a veterinarian to perform any of the following activities relating to animals:

(a) Surgery;

(b) Diagnosis;

(d) Prescription.

(7) A supervising veterinarian is individually and separately responsible and liable for the performance of the acts delegated to and the omissions of the licensed veterinary technician, veterinary assistant, special permittee, intern, preceptor, resident, or any other individual working under the veterinarian's supervision. Nothing in this section shall be construed to relieve licensed veterinary technicians, veterinary assistants, special permittees, interns, preceptors, residents, or any other individuals working under supervision of any responsibility or liability for any of their own acts or omissions.

(8) Unless exempted by KRS 321.200, persons engaging in the practice of veterinary medicine or the practice of veterinary technology without a credential from the board shall be subject to enforcement and discipline by the board as established in KRS 321.352 and 321.990.

Credits
HISTORY: Repealed and reenacted by 2023 c 95, § 12, eff. 6-29-23; 2016 c 116, § 4, eff. 7-15-16; 1992 c 299, § 15, eff. 7-14-92; 1948 c 181, § 15

321.193 Veterinarian's license; requirements

The board shall issue a license as a “veterinarian” to an applicant who meets the following requirements:

(1) Has completed an application for licensure approved by the board in administrative regulation;

(2) Has paid the application fee and the appropriate examination fee;

(3) Is a person of good moral character. As one (1) element of good moral character, the board shall require each applicant for licensure to submit a full set of the applicant's fingerprints for the purpose of obtaining criminal records checks, pursuant to applicable law. All good moral character information, including the information obtained through the criminal background checks, shall be relevant to licensure eligibility determinations to the extent permitted by law;

(4) Has graduated and received a doctorate degree in veterinary medicine or equivalent degree in veterinary medicine from an approved veterinary medical program or approved foreign equivalency program;

(5) Has achieved a passing score on examinations required by administrative regulation promulgated by the board;

(6) Has been approved for licensure by the board; and

(7) Has complied with any other requirements of this chapter or of the board by administrative regulation.

Credits
HISTORY: 2023 c 95, § 13, eff. 6-29-23; 2016 c 116, § 5, eff. 7-15-16; 2000 c 240, § 1, eff. 7-14-00; 1992 c 299, § 11, eff. 7-14-92

321.195 Retirement and reactivation of license - Repealed

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 professional permittees who are working within the scope of the permit;

(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.

Credits
HISTORY: 2023 c 16, § 13, eff. 6-29-23; 2023 c 95, § 14, eff. 6-29-23; 2016 c 116, § 6, eff. 7-15-16; 2007 c 96, § 19, eff. 6-26-07; 1992 c 299, § 16, eff. 7-14-92; 1948 c 181, § 16

LRC NOTES
Legislative Research Commission Note (6-29-23): This statute was amended by 2023 Ky. Acts chs. 16 and 95, which do not appear to be in conflict and have been codified together.

321.201 Special permits; duration

(1) The board may issue a special permit to practice veterinary medicine to an unlicensed veterinarian who is a qualified applicant to become a licensed veterinarian and who is awaiting the pending results of a board-approved national examination or the final examination stage of an approved foreign education equivalency program.

(2) Individuals seeking to obtain a special permit shall apply to the board for licensure and shall be employed by and working under the direct supervision of a Kentucky-licensed veterinarian. The application shall include a letter of recommendation and acknowledgement of supervisory responsibilities and shall be signed by each supervising licensed veterinarian.

(3) The special permit shall not be issued until the application has been submitted to take the next examination given by an approved examination provider.

(4) The special permit shall expire seven (7) business days after the notice of results of the first examination given after the permit was issued.

(5) A special permit holder may be subject to the disciplinary procedures as set forth in KRS 321.351.

(6) If the special permit holder does not pass an examination attempt, the person may apply for and obtain a new special permit for subsequent examination attempts. The board shall not issue any individual person more than a total of four (4) special permits.

Credits
HISTORY: 2023 c 95, § 15, eff. 6-29-23; 2016 c 116, § 7, eff. 7-15-16; 1992 c 299, § 5, eff. 7-14-92

321.203 Veterinary facilities; registration

(1) Each veterinary facility and allied animal health professional facility registered with the board shall submit a completed renewal application by the renewal deadline and pay a biennial renewal fee for the renewal of the registration.

(2) A veterinary facility or AAHP facility with an expired registration may have its registration reinstated upon submission of a completed reinstatement application and payment of a reinstatement fee to the board.

(3) A suspended veterinary facility registration or AAHP facility registration is subject to expiration and termination and shall be renewed as provided in this chapter. Renewal or reinstatement shall not entitle the registrant to allow the practice of veterinary medicine or AAHP practice on the premises or from the mobile facility until the suspension has ended or is otherwise removed by the board and the right to operate or practice is restored by the board.

(4) A revoked registration is subject to expiration or termination but may not be renewed. If it is reinstated, the credential holder shall pay the reinstatement fee to the board.

(5) A veterinary facility or AAHP facility that fails to reinstate its registration within five (5) years after its expiration or termination shall not have it renewed, restored, reissued, or reinstated. A veterinary facility or AAHP facility may apply for and obtain a new registration by meeting the requirements of this chapter.

(6) The board may require that a veterinary facility or AAHP facility applying for renewal or reinstatement of registration show evidence of completion of continuing education by the veterinarian manager, AAHP manager, or registered responsible party as prescribed by administrative regulation promulgated by the board.

Credits
HISTORY: 2023 c 95, § 9, eff. 6-29-23

321.205 Mobile facilities; authorized incidental activities

(1) A credential holder may utilize a “mobile facility” or “mobile unit” to conduct business within the scope allowable by their credential.

(2) The mobile facility shall be registered under a current facility registration with the Kentucky Board of Veterinary Examiners in accordance with KRS 321.203 and 321.236 and the administrative regulations promulgated under the authority of this chapter.

(3) The mobile facility and its operators shall comply with all applicable local, state, and federal laws.

(4) The mobile facility may:

(a) Make farm or house calls in a motor vehicle or utilize a motor vehicle equipped with special medical or surgical equipment appropriate for the species-specific services offered if the credential holder has a permanent base of operations with a published address and telephone number where the credential holder may be contacted. The published contact information shall be on file with the board;

(b) Apply the principles of environmental sanitation, food inspection, animal nutrition, artificial insemination, environmental pollution control, zoonotic disease control, and disaster medicine in the promotion and protection of public and animal health in accordance with administrative regulations promulgated under this chapter; and

(c) Engage in the collection of hazardous biological specimens and the use of vaccine which may be injurious to humans, in accordance with applicable state and federal statutes and regulations.

Credits
HISTORY: 2023 c 95, § 16, eff. 6-29-23; 1992 c 299, § 9, eff. 7-14-92

(1) (a) The Kentucky Board of Veterinary Examiners, upon submission of a complete application and payment of a fee established by the board, shall issue to any animal shelter that it determines to be qualified, an authorization to apply to the United States Drug Enforcement Administration (DEA) for a controlled substance registration for the purchase, possession, storage, and administration of the specific drugs approved by the board to euthanize or sedate animals for euthanasia for animals owned by the certified animal control agency, or in the case of emergency care related to injured, sick, or abandoned animals.

(b) A certified animal control agency that successfully obtains a DEA controlled substance registration shall comply with all state and federal laws related to the ordering, purchase, storage, tracking, management, and disposal of the drugs obtained under the controlled substance registration.

(c) A certified animal control agency shall comply with certification renewal requirements as set forth in KRS 321.208 or the certificate shall expire.

(2) A certified animal control agency shall comply with administrative regulations promulgated by the board which contain standards for proper storage and handling of the drugs the board has approved for this use, and any other provisions as may be necessary to ensure that the drugs are used safely and solely for the purpose set forth in this section.

(3) (a) A certified animal control agency shall submit to periodic inspections by the board or its authorized representatives to ensure compliance with DEA controlled substance registration and board requirements.

(b) An applicant for certification as a certified animal control agency shall submit to an inspection by the board or its authorized representatives prior to certification by the board to ensure adequate security for controlled substances storage.

(c) A previously certified animal control agency with an expired certificate shall submit to inspections by the board or its authorized representatives to ensure proper log updates, removal, and disposal of all drugs obtained under the DEA controlled substance registration.

(4) Upon submission of a complete application, payment of a fee established by the board, and successful completion of a board-approved animal euthanasia specialist training course by the applicant, the Kentucky Board of Veterinary Examiners shall issue to a person whom it determines to be qualified, a certificate for the person to function as a certified animal euthanasia specialist, subject to the following restrictions:

(a) A certified animal euthanasia specialist shall comply with certification renewal requirements as set forth in KRS 321.208 or the certificate shall expire;

(b) A certified animal euthanasia specialist shall maintain an employment relationship with a certified animal control agency to be qualified to practice animal euthanasia;

(c) A certified animal euthanasia specialist is authorized to perform euthanasia only on the premises of the certified animal control agency, except in case of emergency care;

(d) A certified animal euthanasia specialist shall euthanize only animals that are owned by the certified animal control agency or in cases of emergency care. Transfer of ownership or a temporary contract shall not be used for the purpose of circumventing this subsection;

(e) A certified animal euthanasia specialist shall not perform euthanasia at a private residence; and

(f) A certified animal euthanasia specialist shall not perform euthanasia for compensation, except for compensation from the certified animal euthanasia specialist's employment relationship with a certified animal control agency.

(5) Euthanasia of animals in a certified animal control agency shall only be performed by:

(a) A licensed veterinarian;

(b) A licensed veterinary technician functioning under the supervision of a licensed veterinarian; or

(6) A certified animal control agency that employs a certified animal euthanasia specialist may purchase, possess, and administer the specific drugs approved by the board in administrative regulation for the euthanasia or sedation of animals for euthanasia. The specific drugs approved by the board shall be the only drugs used by certified animal euthanasia specialists for the euthanasia of animals or sedation of animals for euthanasia in a certified animal control agency.

(7) Certified animal control agencies and certified animal euthanasia specialists shall be required to renew their certificates at intervals, upon conditions, and upon the payment of fees established by the board through the promulgation of administrative regulations.

(8) (a) A veterinarian who is contracted or otherwise employed by an animal shelter shall not store drugs obtained under the veterinarian's DEA controlled substance registration in the same locked storage unit where the drugs obtained under another DEA controlled substance registration are stored.

(b) Separate and secure storage arrangements, drug logs, drug order forms, and secure, limited access shall be required for each separate DEA controlled substance registration.

(c) A veterinarian shall not store drugs ordered under the veterinarian's DEA controlled substance registration at an animal shelter unless the DEA controlled substance registration under which the drugs are ordered lists the animal shelter address as the registrant address.

Credits
HISTORY: 2023 c 95, § 17, eff. 6-29-23; 2016 c 116, § 8, eff. 7-15-16; 1998 c 126, § 2, eff. 7-15-98

321.208 Renewal of animal euthanasia specialist certificate and animal control agency certificate

(1) Each person who is certified as an animal euthanasia specialist shall submit a complete renewal application by the renewal deadline and pay to the board an annual renewal fee for the renewal of the person's certificate.

(2) Each animal shelter that is certified as an animal control agency shall submit a completed renewal application by the renewal deadline and pay to the board an annual renewal fee for the renewal of the animal control agency certificate.

(3) A sixty (60) day grace period shall be allowed after the renewal deadline, during which time individuals and agencies may renew their certificates upon submission of a completed application, and payment of the renewal fee and a late fee to the board. Any certificate that was not renewed by the grace period deadline shall expire. Upon expiration, the holder of that certificate is no longer eligible to practice animal euthanasia in the Commonwealth or maintain a United States Drug Enforcement Administration controlled substances registration.

(4) After the sixty (60) day grace period, individuals and agencies with an expired certificate may have their certificates reinstated upon submission of a completed reinstatement application and payment of a reinstatement fee to the board if the reinstatement application is made within five (5) years from the date of expiration. Animal control agencies may be subject to inspection prior to reinstatement.

(5) A suspended certificate is subject to expiration and termination and shall be renewed as provided in this chapter. Renewal or reinstatement shall not entitle the certificate holder to engage in the practice until the suspension has ended or is otherwise removed by the board and the right to practice is restored by the board.

(6) A revoked certificate is subject to expiration or termination but may not be renewed. If it is reinstated, the certificate holder shall pay the reinstatement fee.

(7) A person or agency that fails to reinstate its certificate within five (5) years after its expiration or termination shall not have it renewed, restored, reissued, or reinstated. A person or agency may apply for and obtain a new certificate by meeting the requirements of this chapter.

(8) The board may require that a person or agency applying for renewal or reinstatement of the certificate show evidence of completion of additional training or continuing education as set forth by administrative regulation promulgated in accordance with KRS Chapter 13A.

(9) The board may grant retired or inactive certificate status for certified animal euthanasia specialists and may establish conditions under which retired or inactive certificates may be renewed as set forth by administrative regulations promulgated in accordance with KRS Chapter 13A.

(10) The board shall require any applicant seeking to become registered as the designated on-site manager for an animal control agency to submit to a criminal background investigation conducted in accordance with KRS 321.189.

Credits
HISTORY: 2023 c 95, § 6, eff. 6-29-23

321.210 Status of existing licenses; renewal of licenses; licensing of persons who practiced prior to 1916--Repealed

321.211 Renewal of veterinarian license; fees; expiration and termination of license; reinstatement; continuing education; retired or inactive licensure status

(1) Each person licensed as a veterinarian shall biennially submit a completed renewal application and pay to the board a renewal fee for the renewal of the person's license.

(2) A sixty (60) day grace period shall be allowed after the renewal deadline, as required for renewal in subsection (1) of this section, during which time individuals may renew their licenses upon submission of a completed renewal application and payment of the renewal fee plus a late renewal fee. All licenses not renewed by the grace period deadline shall expire based on the failure of the individual to renew in a timely manner. Upon expiration, the licensee is no longer eligible to engage in the practice of veterinary medicine in the Commonwealth.

(3) After the sixty (60) day grace period, individuals with an expired license may have their licenses reinstated upon submission of a completed reinstatement application and payment of a reinstatement fee. No person who applies for reinstatement after expiration of the person's veterinarian license shall be required to submit to an examination as a condition for reinstatement, if the reinstatement application is made within five (5) years from the date of expiration.

(4) A suspended veterinarian license is subject to expiration and termination and shall be renewed as provided in this chapter. Renewal or reinstatement shall not entitle the licensee to engage in the practice of veterinary medicine until the suspension has ended, or is otherwise removed by the board and the right to practice is restored by the board.

(5) A revoked license is subject to expiration or termination but may not be renewed. If it is reinstated, the licensee shall pay the reinstatement fee.

(6) A person who fails to reinstate the person's veterinarian license within five (5) years after its expiration or termination shall not have it renewed, restored, reissued, or reinstated. A person may apply for and obtain a new license by meeting the requirements of this chapter.

(7) The board may require that a person applying for renewal or reinstatement of licensure show evidence of completion of continuing education as promulgated by the board in administrative regulation.

(8) The board may grant retired or inactive licensure status and may establish conditions under which retired or inactive licenses may be renewed and reinstated as set forth by the board in administrative regulation.

Credits
HISTORY: 2023 c 95, § 18, eff. 6-29-23; 2016 c 116, § 9, eff. 7-15-16; 2004 c 96, § 1, c 189, § 33, eff. 7-13-04; 1992 c 299, § 12, eff. 7-14-92

321.220 Licensing of person holding license from another state or country; reciprocity--Repealed

321.221 Requirements for a credential by endorsement for individuals licensed in other jurisdictions

(1) The board may issue a credential by endorsement to any applicant who, upon submitting a completed application to the board and remitting a fee established in administrative regulation, demonstrates to the board that the applicant has met the following requirements:

(a) The applicant is a graduate of an approved veterinary medical program, approved veterinary technology program, or other educational program approved by the board as appropriate to the board credential;

(b) The applicant is of good moral character. As one (1) element of good moral character, the board shall require each applicant to submit a full set of fingerprints for the purpose of obtaining criminal records checks, pursuant to applicable law. All good moral character information, including the information obtained through the criminal background checks, shall be relevant to credential eligibility determinations to the extent permitted by law;

(c) The applicant holds a valid credential to practice veterinary medicine, veterinary technology, animal euthanasia, or an allied animal health profession and has engaged in the practice in another state, the District of Columbia, a territory of the United States, or a province of Canada for at least one (1) year immediately preceding application, if the requirements for credentialing in the issuing state or province are equal to or higher than the standards required for the issuance of a new credential under the provisions of this chapter;

(d) The applicant has passed an examination given by the board on the laws and administrative regulations of the Commonwealth as required in administrative regulations promulgated in accordance with KRS Chapter 13A under the provisions of this chapter; and

(e) The applicant has been approved for a credential by the board.

(2) The board shall not issue a credential by endorsement to any applicant who is under investigation in another state, territory, the District of Columbia, a Canadian province, or any jurisdiction for an act which could result in disciplinary action in that jurisdiction until the investigation and disciplinary proceedings have been completed.

Credits
HISTORY: 2023 c 95, § 19, eff. 6-29-23; 1992 c 299, § 4, eff. 7-14-92

321.230 Kentucky Board of Veterinary Examiners; membership; qualifications; appointment; terms; vacancies; compensation; removal of member

There hereby is created a board to be known as the Kentucky Board of Veterinary Examiners.

(1) The board shall consist of eleven (11) members:

(a) Ten (10) members shall be appointed by the Governor as follows:

1. Seven (7) members shall be citizens of the Commonwealth and shall be veterinarians, each lawfully engaged in the practice of veterinary medicine in this Commonwealth for at least two (2) years immediately preceding the date of the member's appointment;

2. One (1) member shall be a citizen of the Commonwealth and shall be a citizen at large who is not associated with or financially interested in the practices or businesses regulated;

3. One (1) member shall be a citizen of the Commonwealth and a licensed veterinary technician who has been employed in the veterinary field in the Commonwealth for at least two (2) years immediately preceding the date of the member's appointment; and

4. One (1) member shall be an allied animal health professional permittee who has been working on animals in the Commonwealth for at least two (2) years immediately preceding the date of the member's appointment; and

(b) One (1) member shall be the Commissioner of Agriculture or designee.

(2) The Governor's appointments to the board shall maintain a composition that includes diverse representation from each of the following areas:

(a) Species of animals served, including food animals, equines, and small animals; and

(b) All regional areas of the Commonwealth, including eastern Kentucky, western Kentucky, central Kentucky, and northern Kentucky.

(3) All appointed members shall be appointed for a term of four (4) years and shall serve until the member is reappointed or a qualified successor is appointed. The terms shall be evenly staggered, so that no more than three (3) members are appointed to full terms in any given calendar year.

(4) Any vacancy in the appointed membership of the board shall be filled for the unexpired term by appointment by the Governor.

(5) Each member of the board shall receive one hundred dollars ($100) per day for each day or substantial part of a day of service actually given in carrying out the member's duties under this chapter, in addition to the member's necessary traveling, hotel, and contingent expenses incurred in attending the meetings of the board and in the performance of the member's duties.

(6) A board member may be removed by the Governor, or removed by a three-fourths (3/4) majority vote of the board upon one (1) or more of the following grounds:

(a) A poor attendance record, neglect of duty, or malfeasance in office;

(b) The refusal or inability for any reason of a board member to perform the duties as a member of the board in an efficient, responsible, and professional manner;

(c) The misuse of office by a member of the board to obtain financial or material gain or advantage personally or for another through the office;

(d) A final adjudication by a recognized body, including the courts, that the board member is in violation of the laws governing the practice of veterinary medicine, the practice of veterinary technology, or other board credentialed profession; or

(e) Other just and reasonable causes as determined solely by the board pursuant to applicable law. In these cases, removal of a member of the board shall be in accordance with KRS Chapters 13A and 13B and other applicable laws.

Credits
HISTORY: 2023 c 95, § 20, eff. 6-29-23; 2016 c 116, § 10, eff. 7-15-16; 1992 c 299, § 17, eff. 7-14-92; 1976 c 206, § 15; 1948 c 181, § 2

321.235 Powers and duties of board; personal immunity

(1) The board shall:

(a) Administer and enforce this chapter and set and evaluate the qualifications of applicants for licensure, certification, permitting, and registration;

(b) Promulgate administrative regulations in accordance with KRS Chapter 13A to effectively carry out and enforce the provisions of this chapter;

(c) Promulgate administrative regulations in accordance with KRS Chapter 13A to establish the fee amounts for all fees required by this chapter and the fees for services provided by the board. Fees may not exceed amounts necessary to generate sufficient funds to effectively carry out and enforce the provisions of this chapter, including costs related to administration; overhead; staffing; information technology; investigations; inspections; administrative procedures; court costs; supplies; equipment; travel; educational awards; reserve funds for capital, operational, and programmatic expenses; and education and outreach efforts;

(d) Promulgate a code of conduct governing the practice of veterinary medicine that shall be based upon generally recognized principles of professional conduct; and

(e) Maintain jurisdiction over persons and premises, regardless of their licensure, certificate, permit, or registration status relative to acts, omissions, complaints, grievances, and investigations which occurred during the licensure, certification, permit, or registration period. The board shall also maintain jurisdiction over registered facilities, irrespective of their registration status, relative to acts, omissions, complaints, grievances, and investigations which occurred during the registration period. This jurisdiction shall be for purposes of enforcement of this chapter and any administrative regulations promulgated under this chapter, including the assessment and collection of fines, costs, and attorneys' fees. Jurisdiction of the board shall also extend to persons engaging in the unauthorized practice of veterinary medicine, unauthorized practice of veterinary technology, unauthorized practice of animal euthanasia, or unauthorized practice of an allied animal health professional on animals. Licensees, certificate holders, permittees, and registrants shall not divest the board of jurisdiction by changing or relinquishing licensure, certificate, permit, or registration status.

(2) The board may:

(a) Issue subpoenas, compel the attendance of witnesses and the production of accounts, books, and records, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating this chapter;

(b) Promulgate administrative regulations in accordance with KRS Chapter 13A:

1. To establish and enforce minimum standards for:

a. Criteria of programs or other mechanisms to ensure the continuing competence of licensees, certificate holders, permittees, and registrants;

b. Codes of conduct for its licensees, certificate holders, permittees, and registrants; and

c. The registration of veterinary facilities, mobile facilities, and AAHP facilities;

2. Regarding the limited scopes of allied animal health professional practices or procedures on animals and the permitting thereof, including:

a. Minimum requirements;

b. Examination requirements and passing scores;

c. Board oversight;

d. Conditions for application, permitting, renewal, renewal grace periods, and reinstatement;

e. Limitations on practice; and

f. Minimum standards; and

3. To establish:

a. Specific duties and responsibilities of the board;

b. Administration of licensure, certification, permitting, or registration;

c. Standards in veterinary medicine, medical records, and other matters pertaining to veterinarians, veterinary technicians, animal control agencies, animal euthanasia specialists, designated on-site mangers, allied animal health professionals, veterinary facilities, AAHP facilities, veterinarian managers, AAHP managers, registered responsible parties, or unlicensed persons; and

d. A code of conduct for each license, certificate, permit, or registration class issued by the board;

(c) Conduct investigations, inspections, and hearings, and keep records and minutes necessary to carry out the function of this chapter;

(d) Enter and inspect any property or premises for the purpose of investigating either actual or suspected veterinary practices, including practice vehicles and mobile facilities, at any time for the purpose of ascertaining compliance or noncompliance with this chapter, or any administrative regulation that may be promulgated under this chapter, in accordance with protocols established in this chapter and by the board in an administrative regulation;

(e) Evaluate the qualifications for and authorize the issuance of licenses, certificates, permits, and registrations to qualified candidates and premises;

(f) Renew or deny licenses, certificates, permits, and registrations, require continuing education as a condition for renewal, and promulgate administrative regulations regarding the issuance and renewal of retired and inactive licenses, certificates, permits, and registrations;

(g) Limit, reprimand, suspend, or revoke licenses, certificates, permits, and registrations, or impose supervisory or probationary conditions upon licensees, certificate holders, permittees, or registrants, or impose administrative disciplinary fines, issue written reprimands, or any combination thereof;

(h) Issue a notice to comply or a notice of violation to any person for violations of any provision of this chapter or administrative regulations promulgated pursuant to this chapter. A “notice to comply” or “NC” may be issued during the inspection process to request additional information needed to determine compliance or as a notice to correct a minor violation found during the inspection. Failure to take corrective action may lead to the issuance of a “notice of violation” or “NOV.” A notice of violation means that a business or person is operating in violation of the law and subject to penalty pursuant to this chapter. Each day or part of a day that the violation continues is a separate violation subject to daily penalties. A notice of violation shall contain:

1. A citation to the statutory or regulatory requirement that has been or is being violated;

2. A description of the circumstances surrounding the violation, set forth in common and concise language;

3. Measures required to correct the violation;

4. A reasonable time for correction, if the respondent cannot take measures to correct the violation immediately; and

5. Notice of rights of appeal;

(i) Advise, consult, and cooperate with other agencies of the Commonwealth, other states, the federal government, interstate and interlocal agencies, and affected persons, groups, and industries;

(j) Seek injunctive relief in Franklin Circuit Court to stop the unlawful practice of veterinary medicine or practice of veterinary technology by unlicensed persons, or against any person for the enforcement of this chapter or any administrative regulations promulgated pursuant to this chapter;

(k) Appoint from its own membership or staff one (1) or more members or personnel to act as representatives of the board at any meeting within or outside the Commonwealth; and

(l) Implement an educational award program to award scholarships or educational awards as determined by the board, to a person in the act of advancing toward, or having completed a degree in, veterinary medicine or veterinary technology from an approved veterinary medical program or approved veterinary technology program, and may take any other appropriate action to effectuate the Veterinary Medicine Practice Act in accordance with the following:

1. The selected awardee or awardees shall agree to sign an award contract guaranteeing to provide food animal or rural veterinary services or to protect public health in a veterinary resource shortage area identified by the board. Failure of an awardee to comply with the terms of the award contract shall be cause for the board to seek reimbursement of the award;

2. The board shall establish the required members of an educational award review committee through an administrative regulation and may contract with other state agencies, entities, and nonprofit organizations for the endowment, management, and administration of the educational award program. The requirements for the educational awards program, including application requirements, criteria for selecting applicants, criteria for identifying veterinary resource shortage areas, and criteria for prioritizing underserved areas, shall be determined by the board in administrative regulation. However, nothing contained in this section shall be construed as requiring the board to endow or award any scholarship or educational award; and

3. Educational award monies shall be collected as a portion of veterinarian and veterinary technician renewal fees. No more than fifteen percent (15%) of the monies collected during a single veterinarian renewal period may be applied to the educational awards program.

(3) As a part of any board investigation under this section or KRS 321.351, the board may require an applicant, credential holder, or any other person engaging in a veterinary practice or activity regulated by the board under this chapter to submit to a criminal background investigation conducted in accordance with KRS 321.189.

(4) Members of the board, its agents, and employees shall be immune from personal liability in any action, civil or criminal, which is based upon any official act or acts performed by them in good faith.

Credits
HISTORY: Repealed and reenacted by 2023 c 95, § 21, eff. 6-29-23; 2016 c 116, § 11, eff. 7-15-16; 1998 c 126, § 3, eff. 7-15-98; 1992 c 299, § 14, eff. 7-14-92

321.236 Administrative regulations; registration requirements; voluntary inspections by the board; disciplinary action against registrant

(1) The board may promulgate administrative regulations in accordance with KRS Chapter 13A defining:

(a) Application, renewal, and reinstatement requirements and fees for veterinary facilities and AAHP facilities;

(b) Responsibilities and limitations for registered responsible parties, veterinarian managers, and AAHP managers. This shall include an administrative regulation governing interference or control by unlicensed persons in the practice of veterinary medicine or veterinary technology, or by persons who do not hold a board credential. Both registered responsible parties and veterinarian managers shall be responsible for a registered veterinary facility's operation and management, and both registered responsible parties and AAHP managers shall be responsible for a registered AAHP facility. Both parties associated with a registered facility shall be held accountable to the board as a credential holder for any violation of this chapter; and

(c) Minimum standards for veterinary facilities, mobile facilities, and AAHP facilities, including requirements for application, inspection, sanitation, and other factors.

(2) (a) All existing veterinary facilities and AAHP facilities, both fixed and mobile, shall be registered with the board not later than June 30, 2025.

(b) The board shall charge a minimum fee of two hundred dollars ($200) per initial registration.

(c) For initial registrations filed with the board by June 30, 2025, the initial registration fee shall be reduced by half to one hundred dollars ($100).

(d) After initial registration, the board shall not charge more for a facility registration renewal fee than the cost to run the registration program.

(3) (a) After June 30, 2025, all new facilities shall submit a completed application for registration to the board, including fees as promulgated by the board in administrative regulation.

(b) A new veterinary facility or AAHP facility shall not begin operation in the Commonwealth until the completed application and fee have been accepted by the board and notification in writing has been sent to the applicant.

(c) After the registration deadline in 2025, each new registered facility may be inspected by the board to verify that the facility is an operational veterinary facility or AAHP facility within the first one hundred twenty (120) days of operation.

(4) A mobile facility that is affiliated with a registered veterinary facility or AAHP facility shall be exempted from the requirement to register independently if a currently registered fixed facility identifies that unit as its affiliate. The board may charge additional registration fees to a registered veterinary facility or AAHP facility based upon the number of registered mobile units associated with a single facility registration through the promulgation of an administrative regulation in accordance with KRS Chapter 13A.

(5) Each application to register a veterinary facility or an AAHP facility shall meet the minimum requirements established by this chapter and the board in an administrative regulation promulgated in accordance with KRS Chapter 13A and identify the following persons responsible for its operation and management:

(a) The registered responsible party;

(b) The veterinarian manager, if a veterinary facility; or

(6) (a) The veterinarian manager shall include at least one (1) Kentucky-licensed veterinarian with an active license in good standing with the board.

(b) The AAHP manager shall include at least one (1) Kentucky-permitted AAHP with an active permit in good standing with the board.

(7) (a) The veterinarian manager and the registered responsible party are responsible for notifying the board of any change in the veterinarian manager's or registered responsible party's association with the veterinary facility.

(b) The AAHP manager and the registered responsible party are responsible for notifying the board of any change in the allied animal health professional's or registered responsible party's association with the AAHP facility.

(8) An application for registration renewal shall be completed and submitted to the board periodically after the initial registration deadline in 2025, in accordance with KRS 321.203 and as set forth in administrative regulations promulgated in accordance with KRS Chapter 13A.

(9) The board may conduct voluntary inspections in accordance with the following:

(a) Veterinary facilities and AAHP facilities shall be provided an option to conduct a self-inspection at the facility and may consult with the board or request a board inspection to ensure the facility is meeting minimum standards as established in administrative regulations promulgated in accordance with KRS Chapter 13A;

(b) The board may charge a fee for in-person consultations and inspections as established in administrative regulation promulgated in accordance with KRS Chapter 13A;

(c) Voluntary consultations or inspections by the board shall not trigger a notice to comply or a notice of violation for deficiencies. Nothing in this paragraph shall be construed to limit the board from filing a grievance based upon a significant violation impacting public health, safety, and welfare, and animal health;

(d) Each registered facility that passes a voluntary, in-person inspection by the board shall receive a certificate of inspection from the board for display in the registered facility;

(e) Inspections of mobile units shall not extend into a registrant's private residence; and

(f) This subsection shall not prevent the board from conducting inspections at or implementing disciplinary action against a registered facility in response to a complaint, grievance, or upon a suspected violation of this chapter.

(10) The board may revoke, suspend, or take other disciplinary action deemed appropriate against the registrant, including ordering closure of the veterinary facility or AAHP facility, in accordance with KRS 321.351 and 321.353 on any of the following grounds:

(a) The board or its agents are denied access to conduct an inspection or investigation;

(b) The holder of a registration does not pay all prescribed fees or monetary penalties;

(d) Registered responsible parties are interfering with, exercising control over, or attempting to influence the professional judgment of a credential holder in any manner;

(e) Failure to comply with minimum standards defined in administrative regulation by the board for the veterinary facility or AAHP facility; or

(f) Failure to comply with any provision of this chapter or administrative regulations promulgated under this chapter.

(11) The board may require any veterinarian manager applicant, AAHP manager applicant, or registered responsible party applicant to submit to a criminal background investigation conducted in accordance with KRS 321.189.

Credits
HISTORY: 2023 c 95, § 8, eff. 6-29-23

321.237 Veterinary wellness committee

(1) The board may establish a veterinary wellness committee to undertake the functions and responsibilities of a veterinary wellness program. The functions and responsibilities may include any of the following:

(a) Receiving and evaluating reports of suspected impairment or incapacitation from any source;

(b) Issuing an order directing an applicant, certificate holder, licensee, designated on-site manager, permittee, registrant, veterinarian manager, or AAHP manager to undergo a mental or physical examination or chemical dependency evaluation, when probable cause exists that the credential holder has engaged in conduct prohibited by this chapter or a statute or administrative regulation enforced by the board. For the purpose of this section, every credential holder is considered to have consented to undergo a mental or physical examination or chemical dependency evaluation when ordered to do so, in writing, by the board and to have waived all objections to the admissibility of the examiner's or evaluator's testimony or reports on the grounds that the testimony or reports constitute a privileged communication;

(d) Referring impaired or incapacitated credential holders, registrants, designated on-site managers, veterinarian managers, AAHP managers, or applicants to treatment programs as a requirement of initial or continued licensure, certification, registration, or permitting.

(2) Other provisions of law notwithstanding, all board and committee records pertaining to the veterinary wellness program shall be kept confidential. No person in attendance at any meeting of the committee shall be required to testify as to any committee discussions or proceedings.

(3) Other provisions of law notwithstanding, no member of the board or the veterinary wellness committee shall be liable for damages to any person for any acts, omissions, or recommendations made by the member in good faith while acting within the scope of the member's responsibilities in accordance with this section.

Credits
HISTORY: 2023 c 95, § 22, eff. 6-29-23; 2016 c 116, § 13, eff. 7-15-16; 1992 c 299, § 10, eff. 7-14-92

321.240 Board officers; terms officers; meetings; employment of staff

(1) The board shall annually elect a chair and a vice chair from the appointed members of the board. Officers of the board shall serve for terms of one (1) year and until a successor is elected, as long as the officer holds a current appointment to the board.

(2) The board shall hold at least two (2) regular meetings annually and additional meetings as the board may deem necessary. The additional meetings may be held upon call of the chair or upon written request of three (3) members of the board.

(3) Five (5) members of the board shall constitute a quorum to conduct business.

(4) The board may employ its own executive director and staff, or employ or contract with any other persons it deems necessary to carry on the work of the board and shall define their duties and fix their compensation. Should the board prefer not to directly employ or contract with persons to serve as its executive director or staff, the board may enter into a contract with another state agency in which the board shall pay to the agency a sum sufficient to offset that agency's costs in the salary and benefits of one (1) or more employees who will be assigned to serve the board as its executive director and staff.

Credits
HISTORY: 2023 c 95, § 23, eff. 6-29-23; 2016 c 116, § 14, eff. 7-15-16; 1992 c 299, § 18, eff. 7-14-92; 1962 c 279, § 1; 1948 c 181, § 3

321.250 Compensation and bond of secretary-treasurer; employees; facilities—Repealed

321.260 Examination for license; qualifications of applicants; form of application; fee; issuing and recording of licenses--Repealed

321.270 Examination subjects; written and practical examinations; reexaminations; conduct of examinations; grades--Repealed

321.280 Records of proceedings of board; notice of denial of license-- Repealed

321.290 Recording of license with county clerk--Repealed

321.300 Listing and report of licenses filed with county clerk--Repealed

321.310 Collecting and accounting for fees; records of licensees--Repealed

321.320 Revolving fund for administration; reserve fund

(1) All fees and other moneys received by the board pursuant to the provisions of this chapter shall be deposited in the State Treasury to the credit of a revolving fund for the use of the board.

(2) (a) No part of this revolving fund shall revert to the general funds of this Commonwealth.

(b) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward into the next fiscal year.

(3) All expenses incurred by the board shall be paid from this revolving fund, including:

(a) The compensation of members of the board;

(b) Salaries, wages, and benefits of the employees of the board;

(d) Administrative services provided to the board;

(e) Investigative and legal services;

(f) Court costs;

(g) Technology expenses related to administration of this chapter; and

(h) All other expenses incurred by the board.

(4) The board shall keep and maintain a reserve fund for capital, operational, and programmatic expenses.

(5) Scholarships and other educational awards approved by the board for the purpose of promoting persons entering into the fields of veterinary medicine shall be paid from this revolving fund.

(6) The board may receive and expend funds, in addition to fees collected from parties other than applicants and credential holders, provided that these funds shall be used in the pursuit of a specific objective that the board may accomplish by this chapter or which the board is qualified to accomplish by reason of its jurisdiction or professional expertise.

(7) The board may direct investment of that portion of its revolving fund not needed to meet current expenses, the earning from which investments shall also be credited to the revolving fund of the board.

(8) The fund shall be held subject to the order of the board, and to be used for meeting necessary expenses incurred in the performance of the purposes of this chapter and the duties imposed thereby.

Credits
HISTORY: 2023 c 95, § 24, eff. 6-29-23; 1992 c 299, § 19, eff. 7-14-92; 1966 c 255, § 251; 1948 c 181, § 13

321.330 Annual renewal of licenses; continuing education required; revocation on failure to renew; exception--Repealed

321.340 Grounds for refusing to issue license--Repealed

321.350 Grounds for suspension or revocation of license--Repealed

321.351 Disciplinary action; offenses subject to disciplinary action; private admonishment; criminal background investigation

(1) The board may refuse to issue a credential, or may suspend, revoke, impose probationary or supervisory conditions upon, impose an administrative fine not to exceed five thousand dollars ($5,000) per violation, issue a written reprimand, issue a private admonishment, or any combination of actions regarding any credential holder upon proof that the credential holder has:

(a) Committed any act of dishonesty or corruption, if in accordance with KRS Chapter 335B. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon conviction of the crime, the judgment and sentence are presumptive evidence at the ensuing disciplinary hearing of the guilt of the credential holder or applicant. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere;

(b) Misrepresented or concealed a material fact in obtaining a board credential, or in reinstatement of a board credential;

(d) Been incompetent or negligent in the practice of veterinary medicine, the practice of veterinary technology, animal euthanasia, allied animal health professional activities, or any associated professional activities;

(e) Violated any statute or administrative regulation governing the practice of veterinary medicine, veterinary technology, animal euthanasia, allied animal health professional activities, or any associated professional activities;

(f) Failed to comply with an order issued by the board or an assurance of voluntary compliance;

(g) Violated the code of conduct as set forth by the board by administrative regulation;

(h) Become impaired or incapacitated and unable to perform that person's duties with reasonable skill and safety; or

(i) Violated any applicable provision of any federal or state law or regulation regarding the dispensing of controlled substances, veterinary drugs, veterinary prescription drugs, or legend drugs, if in accordance with KRS Chapter 335B.

(2) Five (5) years from the date of a revocation, any person whose board credential has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the board credential upon a finding that the individual has complied with any terms prescribed by the board and is again able to competently engage in practice.

(3) When in the judgment of the board, an alleged violation is not of a serious nature, and the evidence presented to the board after the investigation and appropriate opportunity for the credential holder to respond, provides a clear indication that the alleged violation did in fact occur, the board may issue a written reprimand to the credential holder. A copy of the reprimand shall be placed in the permanent file of the credential holder. The credential holder shall have the right to file a response to the reprimand within thirty (30) days of its receipt and to have the response placed in the permanent licensure file. The credential holder may alternatively, within thirty (30) days of the receipt, file a request for hearing with the board. Upon receipt of this request the board shall set aside the written reprimand and set the matter for hearing.

(4) At any time during the investigative or hearing processes, the board may enter into an agreed order, settlement agreement, or accept an assurance of voluntary compliance with the credential holder which effectively deals with the complaint or grievance.

(5) The board may reconsider, modify, or reverse its probation, reprimand, suspensions, or other disciplinary action.

(6) Private admonishment shall not be subject to disclosure to the public under KRS 61.878 and shall not constitute disciplinary action, but may be used by the board for statistical purposes or in a subsequent disciplinary action against the credential holder or applicant.

(7) As a part of any board investigation under this section or KRS 321.235, the board may require an applicant, credential holder, or any other person engaging in a veterinary practice or activity regulated by the board under this chapter to submit to a criminal background investigation conducted in accordance with KRS 321.189.

(8) For the purposes of this section, “credential holder” means a person who:

(a) Holds any license, certificate, permit, registration, or other credential issued or approved by the board; or

(b) Serves as the veterinarian manager, AAHP manager, registered responsible party designated on a facility registration or AAHP facility registration, or as the designated on-site manager for a certified animal control agency.

Credits
HISTORY: 2023 c 95, § 25, eff. 6-29-23; 2017 c 158, § 69, eff. 6-29-17; 2016 c 116, § 15, eff. 7-15-16; 1992 c 299, § 13, eff. 7-14-92

321.352 Board to establish fines through promulgation of administrative regulations

(1) The board shall establish the amounts, limits, or ranges for any fines imposed under this chapter through the promulgation of administrative regulations. The board shall fine any person who:

(a) Violates or aids in the violation of KRS 321.190, 321.201, 321.207, 321.236, 321.441, or 321.443 for practicing or for performing services without a credential required by the board;

(b) Is issued a notice of violation by the board for failure to comply with this chapter or administrative regulations promulgated under this chapter;

(c) Exercises or attempts to exercise control over, interferes with, or attempts to influence the professional judgment of a credential holder in any manner, including through coercion, collusion, extortion, inducement, or intimidation;

(d) 1. Violates any ruling of the board or hinders any agent of the board in carrying out the duties assigned to the agent;

2. Is an officer who refuses to enforce the provisions of this chapter when called upon by the board to do so; or

3. Attempts in any way to hinder or obstruct the board in carrying out the provisions of this chapter; or

(e) Resists, obstructs, interferes with, threatens, attempts to intimidate, or in any other manner interferes with an agent of the board or who willfully refuses to obey their lawful orders.

(2) The board may impose additional fines on a person who is convicted under KRS 321.990.

(3) Each day or part of a day that a violation continues is a separate violation and subject to daily penalties.

(4) For any violation of the Kentucky Veterinary Medicine Practice Act, in addition to any other fines designated in this section, the board may impose on any person fines in an amount equal to the cost of investigative and legal fees incurred by the board in processing the case.

Credits
HISTORY: 2023 c 95, § 30, eff. 6-29-23

321.353 Emergency order for immediate, temporary suspension of license, certificate, permit, or registration when necessary to protect the public; right to appeal

(1) The board may, by a majority vote, issue an emergency order for the immediate, temporary suspension of a license, certificate, permit, or registration against which disciplinary action, an investigation, or initiating complaint is pending if the order is necessary to protect the public.

(2) The emergency order shall be made in accordance with KRS 13B.125 and shall be based upon a finding by the board that the emergency order is in the public interest and that there is substantial evidence of immediate danger to the health, welfare, and safety of the credential holder's clients, animals, or the general public.

(3) A licensee, certificate holder, permittee, or registrant may appeal the emergency order by filing a written request to the board for an emergency hearing in accordance with KRS 13B.125 within thirty (30) days after receipt of the order.

(4) The appeal of an emergency order shall address only the necessity for the action and shall not constitute an appeal of the merits of the underlying complaint or charge.

(5) The emergency order shall remain in effect until modified or vacated by the board or hearing officer or superseded by final disciplinary action of the board or hearing officer on the underlying complaint or charge.

(6) The board shall expedite disciplinary hearings in which a licensee, certificate holder, permittee, or registrant has been suspended under subsection (1) of this section.

(7) Any party aggrieved by a final order of the board may appeal to the Franklin Circuit Court after a written decision is issued by the board in accordance with KRS Chapter 13B.

Credits
HISTORY: 2023 c 95, § 26, eff. 6-29-23; 2016 c 116, § 12, eff. 7-15-16

321.360 Hearings by board; appeal

(1) Except as provided in KRS 321.235, 321.351, and 321.353, the board, before suspending, revoking, imposing probationary or supervisory conditions upon, imposing an administrative fine, or any combination of actions regarding any license, certificate, permit, or registration, or regarding any veterinarian manager, AAHP manager, registered responsible party, or designated on-site manager under the provisions of this chapter, shall set the matter for hearing in accordance with KRS Chapter 13B. After denying an application under the provisions of this chapter, or issuing a written reprimand, the board shall grant a hearing in accordance with KRS Chapter 13B to the denied applicant only upon written request of the applicant made within thirty (30) days of the date of the letter advising of the denial or the reprimand.

(2) Any party aggrieved by a final order of the board may appeal to Franklin Circuit Court in accordance with KRS Chapter 13B.

Credits
HISTORY: 2023 c 95, § 27, eff. 6-29-23; 2016 c 116, § 16, eff. 7-15-16; 1996 c 318, § 284, eff. 7-15-96; 1992 c 299, § 20, eff. 7-14-92; 1980 c 114, § 78, eff. 7-15-80; 1974 c 315, § 57; 1948 c 181, § 19

321.370 Witnesses and evidence at hearings; coercion of witnesses--Repealed

321.380 Fees of witnesses and officers--Repealed

321.390 Decision as to refusal, suspension or revocation of license; findings of fact; notice to county clerk--Repealed

321.400 Commencement of action to review disciplinary action--Repealed

321.410 Procedure in action; judgment; appeal to Court of Appeals-- Repealed

321.420 No license for five years after revocation--Repealed

321.430 Injunction against unauthorized practice--Repealed

321.440 Animal technician; qualifications--Repealed

321.441 Veterinary technician's license; qualifications; scope of practice; annual fee; exception

(1) The board shall issue a license as a veterinary technician to an applicant who:

(a) Is a graduate of an approved veterinary technology program, with an associate or bachelor's degree related to veterinary technology;

(b) Obtains a passing score on an examination as determined by the board to assess the qualifications and fitness of an applicant to engage in the practice;

(c) Is a person of good moral character. As one (1) element of good moral character, the board shall require each applicant for licensure to submit a full set of the applicant's fingerprints for the purpose of obtaining criminal records checks, pursuant to applicable law. All good moral character information, including the information obtained through the criminal background checks, shall be relevant to licensure eligibility determinations to the extent permitted by law;

(d) Has met all the requirements of the board as established by administrative regulation of the board; and

(e) Has been approved for licensure by the board.

(2) For the purpose of this chapter, “veterinary technician,” “veterinary technologist,” “veterinary nurse,” or any other category of veterinary technician defined by the board in administrative regulation shall have the same meaning as “veterinary technician” under this chapter.

(3) The board shall promulgate administrative regulations for one (1) or more categories of veterinary technicians defining the:

(a) Minimum qualifications required;

(b) Specific tasks that the licensee may perform under a veterinarian's supervision; and

(4) A veterinary technician shall be prohibited from performing the activities listed in KRS 321.190(6).

(5) The practice of veterinary technology by telehealth or other means shall constitute the practice of veterinary technology subject to licensure and enforcement by the board.

(6) A veterinary technician who performs veterinary technology contrary to this chapter and its associated administrative regulations shall be subject to disciplinary actions in a manner consistent with this chapter applicable to licensed veterinarians.

(7) Each veterinary technician licensed by the board shall pay an annual fee as prescribed by the board.

(8) Each veterinary technician licensed by the board shall complete annual continuing education hours to renew the license as required by the board in administrative regulation.

(9) Failure to renew shall result in the expiration of the license.

(10) A veterinarian shall utilize the services of a licensed veterinary technician in accordance with the terms and provisions of this chapter and its associated administrative regulations. Unauthorized utilization of licensed veterinary technicians by veterinarians shall be considered as aiding and abetting any unlicensed person to practice veterinary medicine as described in KRS 321.351.

(11) Nothing in this section shall prohibit volunteer health practitioners from providing services under KRS 39A.350 to 39A.366.

(12) Except as authorized by KRS 321.200, no person shall practice as a veterinary technician or perform any of the duties usually performed by a veterinary technician unless the person holds a license to practice as a veterinary technician issued and validly existing under this chapter.

Credits
HISTORY: 2023 c 95, § 28, eff. 6-29-23; 2016 c 116, § 17, eff. 7-15-16; 2007 c 96, § 20, eff. 6-26-07; 1992 c 299, § 7, eff. 7-14-92

321.442 Renewal of veterinary technician license

(1) Each person who is licensed as a veterinary technician shall submit a completed renewal application by the renewal deadline and pay to the board an annual renewal fee for the renewal of the person's license.

(2) A sixty (60) day grace period shall be allowed after the renewal deadline, during which time individuals may renew their licenses upon submission of a completed renewal application and payment of the renewal fee and a late fee to the board. All licenses not renewed by the grace period deadline shall expire based on the failure of the individual to renew in a timely manner. Upon expiration, the veterinary technician licensee is no longer eligible to practice in the Commonwealth.

(3) After the sixty (60) day grace period, individuals with an expired veterinary technician license may have their licenses reinstated upon submission of a completed reinstatement application and payment of a reinstatement fee to the board. No person who applies for reinstatement after expiration of the person's license shall be required to submit to an examination as a condition for reinstatement if a reinstatement application is made within five (5) years from the date of expiration.

(4) A suspended license is subject to expiration and termination and shall be renewed as provided in this chapter. Renewal or reinstatement shall not entitle the licensee to engage in the practice until the suspension has ended or is otherwise removed by the board and the right to practice is restored by the board.

(5) A revoked license is subject to expiration or termination but may not be renewed. If it is reinstated, the licensee shall pay the reinstatement fee.

(6) A person who fails to reinstate a license within five (5) years after its expiration or termination may not have it renewed, restored, reissued, or reinstated. A person may apply for and obtain a new license by meeting the requirements of this chapter.

(7) The board may require that a person applying for renewal or reinstatement of licensure show evidence of completion of continuing education as established in administrative regulations promulgated in accordance with KRS Chapter 13A.

(8) The board may grant retired or inactive licensure status and may establish conditions under which retired or inactive licenses may be renewed as established in administrative regulations promulgated in accordance with KRS Chapter 13A.

Credits
HISTORY: 2023 c 95, § 5, eff. 6-29-23

321.443 Veterinary assistant; duties

(1) A veterinary assistant shall only work in the Commonwealth in the following circumstances:

(a) Under the supervision of a licensed veterinarian where a VCPR exists; or

(b) Under the direct supervision of a licensed veterinary technician who is under the supervision of a licensed veterinarian where a VCPR exists.

(2) Duties of a veterinary assistant shall exclude diagnosing, prescribing medication or treatment, and performance of surgical procedures other than castrating and dehorning of food animals.

(3) A veterinary assistant and the veterinary assistant's employer shall not represent the veterinary assistant as a veterinary technician.

(4) A veterinary assistant who performs the duties of a veterinary assistant contrary to this chapter or outside the scope defined by the board shall be subject to disciplinary actions in a manner consistent with this chapter applicable to licensed veterinarians.

(5) A veterinarian shall utilize the service of a veterinary assistant in accordance with the terms and provisions of this chapter and its associated administrative regulations. Unauthorized utilization of veterinary assistants shall be considered as aiding and abetting an unlicensed person to practice veterinary medicine as described in KRS 321.351.

Credits
HISTORY: 2023 c 95, § 29, eff. 6-29-23; 1992 c 299, § 8, eff. 7-14-92

321.450 Permit for use of animal technician; annual fee; veterinarian's responsibility; limitation of services--Repealed

321.990 Penalties

(1) Any person who violates or aids in the violation of KRS 321.190, 321.201, 321.207, 321.236, 321.441, or 321.443 for practicing or for performing services without a credential required by the board shall be guilty of a misdemeanor upon conviction in court, and shall be sentenced to jail for not less than ten (10) days nor more that ninety (90) days per violation.

(2) Any person exercising or attempting to exercise control over, interfering with, or attempting to influence the professional judgment of a credential holder in any manner, including through coercion, collusion, extortion, inducement, or intimidation, shall be guilty of a misdemeanor upon conviction in court, and shall be sentenced to jail for not less than ten (10) days nor more that ninety (90) days per violation.

(3) Any person who resists, obstructs, interferes with, threatens, attempts to intimidate, or in any other manner interferes with an agent of the board or who willfully refuses to obey their lawful orders shall be guilty of a misdemeanor upon conviction in court, and shall be sentenced to jail for not more than thirty (30) days for each offense.

(4) Each day or part of a day that a violation continues is a separate violation and subject to daily penalties.

(5) Nothing in this section shall limit, preclude, or supersede the board's power to:

(a) Impose fines for a violation of this chapter or any administrative regulations promulgated under this chapter;

(b) Deny, restrict, or revoke a license issued under this chapter or administrative regulations promulgated under this chapter; and

(c) Impose any other form of discipline based on a conviction under this section or as otherwise authorized by this chapter or administrative regulations promulgated under this chapter.

Credits
HISTORY: 2023 c 95, § 31, eff. 6-29-23; 2016 c 116, § 18, eff. 7-15-16; 1998 c 126, § 4, eff. 7-15-98; 1996 c 318, § 283, eff. 7-15-96; 1992 c 299, § 22, eff. 7-14-92; 1948 c 181, § 26

Full Statute Name: Baldwin's Kentucky Revised Statutes Annotated. Title XXVI. Occupations and Professions. Chapter 321. Veterinarians.

Purpose of Chapter and Definitions

Licensing Provisions

Board of Veterinary Examiner Provisions

Disciplinary Provisions

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