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

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Primary Citation:  KRS § 321.010 - 990 Country of Origin:  United States Last Checked:  November, 2016 Alternate Citation:  KY ST § 321.010 - 990
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.

Statute Text: 

Repealed Sections 321.010 - 321.070

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321.180 Definitions; what constitutes practice of veterinary medicine--Repealed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

Licensing Provisions

321.190 License required to practice veterinary medicine; no compensation for violator

321.193 Veterinarian's license; requirements; fees

321.195 Retirement and reactivation of license

321.200 Exemptions from application of chapter

321.201 Special permits; duration

321.205 Mobile facilities; authorized incidental activities

321.207 Certification of animal control agencies and animal euthanasia specialists

321.210 Status of existing licenses; renewal of licenses; licensing of persons who practiced prior to 1916--Repealed

321.211 Renewal of license; fees; expiration and termination of license; reinstatement; continuing education

321.220 Licensing of person holding license from another state or country; reciprocity--Repealed

321.221 Licensure by endorsement for veterinarians licensed in other jurisdictions

Board of Veterinary Examiner Provisions

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

321.235 Powers and duties of board

321.237 Veterinary medical impairment committee

321.240 Officers; meetings; notice of examinations; seal; administrative regulations

321.250 - 321.310 Repealed

321.320 Revolving fund for administration

Disciplinary Provisions

321.351 Disciplinary action; offenses subject to disciplinary action

321.353 Emergency order for immediate temporary suspension of license when disciplinary action, investigation, or initiating complaint is pending if the order is necessary to protect the public

321.360 Hearings by board; appeal

321.441 Registration of veterinary technologists and technicians

321.443 Veterinary assistants

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

It is hereby declared that the practice of veterinary medicine is a privilege which is granted by legislative authority in the interest of public health, safety, and welfare. To protect the public from being misled by incompetent, unscrupulous, and unauthorized practitioners, and from unprofessional or illegal practices by persons licensed to practice veterinary medicine, this chapter is enacted in the interest of the health, safety, and welfare of the animal population and the citizens of Kentucky.

Credits
HISTORY: 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, unless the context requires otherwise:

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

(2) “Animal” means any animal, except human beings;

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

(4) “Veterinarian” means a practitioner of veterinary medicine who is duly licensed in the Commonwealth of Kentucky;

(5) “Practice of veterinary medicine” means:

(a) To diagnose, treat, correct, change, relieve, or prevent: animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above;

(b) To engage in veterinary surgery, obstetrics, embryo transfer, dentistry, acupuncture, laser therapy, manipulation, and all other branches or specialties of veterinary medicine and the prescribing, administering, or dispensing of drugs and medications for veterinary purposes, in accordance with the applicable federal statutes and regulations governing controlled prescription and legend drugs; and

(c) To use the words “veterinarian,” or “veterinary,” 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 do any act described in paragraphs (a) and (b) of this subsection;

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

(7) “Chemical restraint” means the use of any prescription or legend drug that restrains or tranquilizes the animal;

(8) “Direct supervision” means the veterinarian is on the premises, and is quickly and easily available, and the animal has been examined by a veterinarian at the times acceptable veterinary medical practice requires, consistent with the particular delegated animal health care tasks;

(9) “Indirect supervision” means the veterinarian does not have to be on the premises as long as a valid veterinary/client/patient relationship has been established and the veterinary technician or veterinary assistant has been instructed on the applicable animal health care tasks in accordance with KRS 321.441 and 321.443;

(10) “Emergency” means the animal has been placed in a life threatening condition and immediate treatment is necessary to sustain life;

(11) “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;

(12) “Veterinary wellness committee” means a committee appointed by the board that shall be 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;

(13) “Veterinary technician” means a person who has completed an associate or bachelor's degree level accredited program of veterinary technology approved by the board, and who is licensed in accordance with KRS 321.441;

(14) “Veterinary assistant” means a lay person employed by a licensed veterinarian in accordance with KRS 321.443;

(15) “Certified animal control agency” means a county or municipal animal shelter or animal control agency; private humane society; state, county, or municipal law enforcement agency; or any combination of those entities that temporarily houses stray, unwanted, or injured animals and that is certified under the provisions of KRS 321.207;

(16) “Certified animal euthanasia specialist” means a person employed by a certified animal control agency who is authorized by the board, under KRS 321.207, to humanely euthanize animals by administering drugs designated by the board for euthanasia; and

(17) “Student” means:

(a) A person enrolled in any veterinary school or college approved by the American Veterinary Medical Association 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.

Credits
HISTORY: 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. “Veterinarian-client-patient relationship” means that:

(a) The veterinarian has assumed the responsibility for making judgments regarding the health of the animal and the need for veterinary treatment, and the client, whether owner or other caretaker, has agreed to follow the instructions of the veterinarian;

(b) There is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and

(c) The practicing veterinarian is readily available or shall provide medical service for follow-up in case of adverse reactions or failure of the regimen of therapy. A new regimen of therapy shall be contingent only upon cooperation of the client and availability of the subject animal.

(2) The veterinarian shall maintain records which document patient visits, diagnosis, treatment, and other relevant information.

(3) (a) A veterinarian shall not violate the confidential relationship between the veterinarian and the veterinarian's client.

(b) A veterinarian shall not release information concerning a client or care of a client's animal, except on the veterinarian's receipt of:

1. A written authorization or other form of waiver executed by the client; or

2. An appropriate court order or subpoena.

(c) A veterinarian who releases information under paragraph (b) of this subsection shall not be liable to any person, including the client, for an action resulting from the disclosure.

(d) The privilege provided by this subsection is waived by the client or the owner of an animal treated by the veterinarian to the extent the client or owner places at issue in a civil or criminal proceeding:

1. The nature and extent of the animal's injuries; or

2. The care and treatment of the animal provided by the veterinarian.

(e) This subsection shall not apply to:

1. An inspection or investigation conducted by the board or an agent of the board; or

2. The veterinary reporting requirements and regulatory authority of the Kentucky Horse Racing Commission to inspect, investigate, and supervise horses and other participants in horse racing as provided by KRS Chapter 230 and the administrative regulations promulgated under KRS Chapter 230, or any other law applicable to the regulation of horse racing in the Commonwealth.

(4) Veterinarians providing copies of records under this section may charge no more than the actual cost of copying, including reasonable staff time.

Credits
HISTORY: 2016 c 116, § 3, eff. 7-15-16; 2009 c 39, § 1, eff. 6-25-09; 1992 c 299, § 3, eff. 7-14-92


 

321.190 License required to practice veterinary medicine

Except as provided in KRS 321.200, no person shall practice veterinary medicine or perform any of the duties usually performed by a veterinarian unless the person at the time holds a certificate of license to practice veterinary medicine issued and validly existing under the laws of this Commonwealth, as provided in this chapter.

Credits
HISTORY: 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; fees

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

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

(2) Is a person of good moral character;

(3) Has received a degree from a veterinary college approved by the board;

(4) Has achieved a passing score, as set by the board by administrative regulation, on examinations required by administrative regulation promulgated by the board; and

(5) Has complied with any other requirement of the board by administrative regulation.

Credits
HISTORY: 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

Credits
HISTORY: 2016 c 116, § 19, eff. 7-15-16; 1992 c 299, § 6, eff. 7-14-92

Former Text

A veterinarian who wishes to retire his license shall complete an affidavit indicating permanent retirement of the license to practice veterinary medicine. Retirement shall not be permitted if the veterinarian is still engaged in veterinary medicine in any other state. If reactivation of licensure is desired, a veterinarian shall submit proof of the completion of the continuing education requirements of KRS 321.211 within the last twelve (12) months and remit appropriate renewal fees.

Legislative Research Commission Note (7-14-92): This statute was created in 1992 Ky. Acts ch. 299, which contains the enrolled text of Senate Bill 250. A committee substitute for this bill was adopted by the House with a floor amendment, and the Senate subsequently concurred in this action by the House; this amended substitute thus became the enrolled version of the bill. In drafting the House Committee Substitute, the original Section 10 of the bill was deleted in its entirety, but internal section references within the bill were not renumbered to reflect this deletion. Therefore, in codifying this statute, the internal section reference within Acts ch. 299, sec. 6, has been changed pursuant to KRS 7.136(1).

HISTORY: 1992 c 299, § 6, eff. 7-14-92

 

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, provided they do not use the word “veterinarian,” “veterinary,” 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 practice veterinary medicine as described in KRS 321.181(5);

(b) The owner of any animal or animals and the owner's full-time, or part-time, regular employees from caring for and treating, including administering drugs to, any animals belonging to the owner. Transfer of ownership or a temporary contract shall not be used for the purpose of circumventing this provision;

(c) Any person from castrating food animals and dehorning cattle, as long as any drugs or medications are obtained and used in accordance with applicable federal statutes and regulations governing controlled and legend drugs;

(d) Any student as defined in KRS 321.181 from working under the direct supervision of a veterinarian who is duly licensed under the laws of this Commonwealth;

(e) Nonlicensed graduate veterinarians in the United States Armed Services or employees of the Animal and Plant Health Inspection Service of the United States Department of Agriculture or the Kentucky Department of Agriculture, Division of Animal Health while engaged in the performance of their official duties, or other lawfully qualified veterinarians residing in other states, from meeting licensed veterinarians of this Commonwealth in consultation;

(f) A trainer, sales agent, or herdsman from caring for animals, upon instruction from a Kentucky-licensed veterinarian, provided there is a veterinary-client-patient relationship, as defined in KRS 321.185;

(g) A university faculty member from teaching veterinary science or related courses, or a faculty member or staff member from engaging in veterinary research, including drug and drug testing research, provided that research is conducted in accordance with applicable federal statutes and regulations governing controlled and legend drugs;

(h) 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;

(i) Volunteer health practitioners providing services under KRS 39A.350 to 39A.366; or

(j) 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.

(2) (a) A nonresident of the United States may be employed in this state to practice veterinary medicine for not more than thirty (30) days of each year, provided he or she:

1. Holds a valid, current license as a veterinarian in his or her 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 state; 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 under this chapter.

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

Credits
HISTORY: 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

 

321.201 Special permits; duration

(1) The board may issue a special permit to practice veterinary medicine to a nonlicensed veterinarian who is a qualified applicant to become a licensed veterinarian by examination, and who is employed by and under the direct supervision of a Kentucky licensed veterinarian. The special permit shall be issued after the application has been made to take the next examination given by the board and the required fees paid. A letter of recommendation from the supervising licensed veterinarian shall be submitted with the application. The special permit shall expire the day after the notice of results of the first examination given after the permit was issued.

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

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

 

321.205 Mobile facilities; authorized incidental activities

A veterinarian may:

(1) Make farm or house calls in a motor vehicle or utilize a motor vehicle equipped with special medical or surgical equipment if the veterinarian has a permanent base of operations with a published address and telephone number recorded with the board where the veterinarian may be contacted.

(2) 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 health; and

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

HISTORY: 1992 c 299, § 9, eff. 7-14-92

 

321.207 Certification of animal control agencies and animal euthanasia specialists

(1) The Board of Veterinary Examiners, upon submission of a complete application and payment of a fee established by the board, shall issue to any animal control agency that it determines to be qualified, authorization to apply to the federal Drug Enforcement Agency, including any successor entity, for a restricted controlled substance registration certificate for the purchase, possession, and use of sodium pentobarbital or other drugs as authorized by the board for administration by a certified animal euthanasia specialist to euthanize injured, sick, or abandoned animals.

(2) To satisfy the board's authorization, the applicant shall comply with administrative regulations promulgated by the board which contain standards for proper storage and handling of the drugs the board has authorized for 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) 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 Board of Veterinary Examiners shall issue to any person whom it determines to be qualified, a certificate for the person to function as a certified animal euthanasia specialist.

(4) Euthanasia of animals in a certified animal control agency shall be performed by a licensed veterinarian, including a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or a certified animal euthanasia specialist as provided for in subsection (3) of this section. A certified animal control agency that employs a certified animal euthanasia specialist may purchase, possess, and administer sodium pentobarbital or other drugs that the board approves for the euthanasia of animals. Sodium pentobarbital and other drugs approved by the board shall be the only drugs used for the euthanasia of animals in a certified animal control agency.

(5) 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.

Credits
HISTORY: 2016 c 116, § 8, eff. 7-15-16; 1998 c 126, § 2, eff. 7-15-98

 

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

 

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

(1) Each person licensed as a veterinarian shall, on or before September 30 of each even-numbered year, pay to the board a renewal fee to be promulgated by administrative regulation of the board for the renewal of his license. All licenses not renewed by September 30 of each even-numbered year shall expire based on the failure of the individual to renew in a timely manner.

(2) A sixty (60) day grace period shall be allowed after September 30, as required for renewal in subsection (1) of this section, during which time individuals may renew their licenses upon payment of the renewal fee plus a late renewal fee as promulgated by administrative regulation of the board. All licenses not renewed by November 30 shall terminate based on the failure of the individual to renew in a timely manner. Upon termination, the licensee is no longer eligible to practice in the Commonwealth.

(3) After the sixty (60) day grace period, individuals with a terminated license may have their licenses reinstated upon payment of the renewal fee plus a reinstatement fee as promulgated by administrative regulation of the board. No person who applies for reinstatement after termination of his license shall be required to submit to any examination as a condition for reinstatement, if reinstatement application is made within five (5) years from the date of termination.

(4) A suspended license is subject to expiration and termination and shall be renewed as provided in this chapter. Renewal 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 as set forth in subsection (3) of this section and the renewal fee as set forth in subsection (1) of this section.

(6) A person who fails to reinstate his license within five (5) years after its termination may not have it renewed, restored, reissued, or reinstated. A person may apply for and obtain a new license by meeting the current 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 prescribed by the board by 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 as set forth by administrative regulations promulgated by the board.

Credits
HISTORY: 2016 c 116, § 9, eff. 7-15-16; 2004 c 189, § 33, c 96, § 1, 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 Licensure by endorsement for veterinarians licensed in other jurisdictions

(1) The board may issue a license by endorsement to any applicant who, upon applying to the board and remitting a fee set by the board, demonstrates to the board that he has met the following requirements:

(a) The applicant is a graduate of a veterinary college approved by the board;

(b) The applicant is of good moral character;

(c) The applicant holds a valid license to practice veterinary medicine and has practiced veterinary medicine in another state of the United States, the District of Columbia, or a territory of the United States for at least one (1) year immediately preceding application, if the requirements for licensure in the issuing state are equal to or higher than the standards required for the issuance of a new license under the provisions of this chapter; and

(d) The applicant has passed an examination given by the board on the laws and administrative regulations of the Commonwealth of Kentucky governing the practice of veterinary medicine.

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

HISTORY: 1992 c 299, § 4, eff. 7-14-92

 

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

There hereby is created a board to be known as the “Kentucky Board of Veterinary Examiners.” The board shall consist of nine (9) members appointed by the Governor, and the Commissioner of Agriculture or the Commissioner's designee. Seven (7) members shall be citizens of the Commonwealth of Kentucky and shall each have been lawfully engaged in the practice of veterinary medicine in this Commonwealth for at least two (2) years next preceding the date of the member's appointment. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. 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 preceding the date of his or her appointment. All appointed members shall be appointed for a term of four (4) years and shall serve until the member is reappointed or a successor is appointed. Any vacancy in the appointed membership of the board shall be filled for the unexpired term by appointment by the Governor. Each member of the board shall receive one hundred dollars ($100) per day for each day of service actually given in carrying out his duties under this chapter, in addition to his necessary traveling, hotel, and contingent expenses incurred in attending the meetings of the board and in the performance of his duties.

Credits
HISTORY: 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 administer and enforce the provisions of this chapter and shall have the responsibility of evaluating the qualifications of applicants for licensure and certification.

(2) The board may issue subpoenas, examine witnesses, pay appropriate witness fees, administer oaths, and investigate allegations of practices violating the provisions of this chapter.

(3) The board may promulgate administrative regulations in accordance with KRS Chapter 13A and this chapter to carry out the provisions of this chapter.

(4) The board may conduct hearings and keep records and minutes necessary to carry out the function of this chapter.

(5) The board may evaluate the qualifications and authorize the issuance of licenses, registration, or certification to qualified candidates.

(6) The board may renew licenses, registrations, and certifications, require continuing education as a condition for renewal, and promulgate administrative regulations regarding the issuance and renewal of retired and inactive licenses.

(7) The board may suspend, or revoke licenses or certifications, or impose supervisory or probationary conditions upon licensees or certificate holders, or impose administrative disciplinary fines, issue written reprimands, or any combination thereof.

(8) The board may seek injunctive relief in Franklin Circuit Court to stop the unlawful practice of veterinary medicine by unlicensed persons.

(9) 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: 2016 c 116, § 11, eff. 7-15-16; 1998 c 126, § 3, eff. 7-15-98; 1992 c 299, § 14, eff. 7-14-92

 

321.237  Veterinary wellness committee

(1) The board shall have the authority to 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 from any source;

(b) Intervening in cases of verified impairment; or

(c) Referring impaired veterinarians to treatment programs.

(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: 2016 c 116, § 13, eff. 7-15-16; 1992 c 299, § 10, eff. 7-14-92

 

321.240 Officers; meetings; notice of examinations; seal; administrative regulations

(1) The board shall annually elect a chair and a vice chair from the appointed members of the board.

(2) The board shall hold at least two (2) 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. Five (5) members of the board shall constitute a quorum to conduct business.

(3) The board may 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.

(4) Upon recommendation of the board, the Governor may remove any member of the board for a poor attendance record, neglect of duty, or malfeasance in office.

(5) The board shall promulgate administrative regulations as it may deem necessary and proper to effectively carry out and enforce the provisions of this chapter, including regulations to establish authorized fees. Fees may not exceed amounts necessary to generate sufficient funds to effectively carry out and enforce the provisions of this chapter.

(6) The board shall promulgate a code of conduct governing the practice of veterinary medicine which shall be based upon generally recognized principles of professional ethical conduct.

Credits
HISTORY: 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

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. No part of this revolving fund shall revert to the general funds of this Commonwealth. The compensation of members of the board and all of the employees of the board and all expenses incurred by the board shall be paid from this revolving fund.

HISTORY: 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

(1) The board may refuse to issue a license, 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 licensee upon proof that the licensee has:

(a) Committed any act of dishonesty or corruption. 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 licensee 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 license, or in reinstatement of a license;

(c) Committed any unfair, false, misleading, or deceptive act or practice;

(d) Been incompetent or negligent in the practice of veterinary medicine;

(e) Violated any state statute or administrative regulation governing the practice of veterinary medicine or any activities undertaken by a veterinarian;

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

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

(h) Violated any applicable provision of any federal or state law or regulation regarding the dispensing of controlled or legend drugs.

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

(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 licensee to respond, provides a clear indication that the alleged violation did in fact occur, the board may issue a written reprimand to the licensee. A copy of the reprimand shall be placed in the permanent file of the licensee. The licensee 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 licensee 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 or accept an assurance of voluntary compliance with the licensee which effectively deals with the complaint.

(5) The board may reconsider, modify, or reverse its probation, 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 licensee or applicant.

Credits
HISTORY: 2016 c 116, § 15, eff. 7-15-16; 1992 c 299, § 13, eff. 7-14-92

 

 321.353 Emergency order for immediate temporary suspension of license when disciplinary action, investigation, or initiating complaint is pending if the order is necessary to protect the public

(1) The board may, by a majority vote, issue an emergency order for the immediate, temporary suspension of a license 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 licensee's clients or animals, or the general public.

(3) A licensee 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 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: 2016 c 116, § 12, eff. 7-15-16

 

321.360 Hearings by board; appeal

(1) Except as provided in KRS 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 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: 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; 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 Registration of veterinary technologists and technicians; exception

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

(a) Is a graduate of an accredited program of veterinary technology or its equivalent as approved by the board, 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; and

(c) Has met all the requirements of the board as established by administrative regulation of the board.

(2) The board shall promulgate administrative regulations defining the scope of practice of the veterinary technician as well as the delegable duties from a licensed veterinarian.

(3) Each veterinary technician licensed by the board shall pay an annual fee as prescribed by the board. Each veterinary technician licensed by the board shall attend annual continuing education hours as required by the board to renew the license. Failure to renew shall result in the termination of the license. If a hearing is requested upon the rejection of an application, or upon the termination of a license, a hearing shall be conducted in accordance with the KRS 321.360.

(4) The services of a licensed veterinary technician shall be limited to the performance of duties under the direct supervision of a licensed veterinarian, except for the routine administration of drugs, vaccines, parasite control agents, and growth stimulating implants for food animals prescribed by a veterinarian and under the indirect supervision of a veterinarian where a veterinarian-client-patient relationship exists. A licensed veterinary technician shall receive no fee or compensation for services other than salary or compensation paid by the establishment by which the licensed veterinary technician is employed. A licensed veterinary technician shall not participate in the operation of a branch office, clinic, or allied establishment unless a licensed veterinarian is on the premises. A licensed veterinary technician shall not diagnose, prescribe medication or treatment, or perform surgical procedures other than castrating and dehorning of food animals. A licensed veterinary technician may assist a veterinarian in all duties of veterinary medicine and surgery.

(5) A veterinarian shall utilize the services of a licensed veterinary technician in accordance with the terms and provisions of this chapter. 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.

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

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

 

321.443 Veterinary assistants

(1) A veterinary assistant may work only under the direct supervision of a veterinarian except for the routine administration of drugs, vaccines, parasite control agents, and growth stimulating implants for food animals prescribed by a veterinarian and under the indirect supervision of a veterinarian where a veterinarian-client-patient relationship 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 veterinarian shall utilize the service of a veterinary assistant in accordance with the terms and provisions of this chapter. 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.

Legislative Research Commission Note (7-14-92): This statute was created in 1992 Ky. Acts ch. 299, which contains the enrolled text of Senate Bill 250. A committee substitute for this bill was adopted by the House with a floor amendment, and the Senate subsequently concurred in this action by the House; this amended substitute thus became the enrolled version of the bill. In drafting the House Committee Substitute, the original Section 10 of the bill was deleted in its entirety, but internal section references within the bill were not renumbered to reflect this deletion. Therefore, in codifying this statute, the internal section reference within Acts ch. 299, sec. 8, has been changed pursuant to KRS 7.136(1).

HISTORY: 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

Any person who shall violate or aid in the violation of KRS 321.190 shall be guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500), or sentenced to jail for not less than ten (10) nor more than ninety (90) days, or both so fined and imprisoned in the discretion of the jury.

Credits
HISTORY: 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

 

 

 

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