Kentucky Statutes 321.237 – Veterinary wellness committee
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(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;
(c) Intervening in cases of verified or suspected impairment or incapacitation; or
(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.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 95, sec. 22, effective June 29, 2023. — Amended
2016 Ky. Acts ch. 116, sec. 13, effective July 15, 2016. — Created 1992 Ky. Acts ch.
299, sec. 10, effective July 14, 1992.
(a) Receiving and evaluating reports of suspected impairment or incapacitation from any source;
Terms Used In Kentucky Statutes 321.237
- 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. See Kentucky Statutes 321.181
- Applicant: means a person who submits an application for licensure, certification, permit, or registration, whether complete or not, to the board. See Kentucky Statutes 321.181
- Board: means the Kentucky Board of Veterinary Examiners. See Kentucky Statutes 321.181
- Certificate holder: means a person certified by the board. See Kentucky Statutes 321.181
- Credential: means :
(a) Any license, certificate, permit, registration, or other credential issued or approved by the board. See Kentucky Statutes 321.181 - 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. See Kentucky Statutes 321.181 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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. See Kentucky Statutes 321.181
- Licensee: means a person licensed by the board under this chapter. See Kentucky Statutes 321.181
- Permittee: means a person permitted by the board under this chapter. See Kentucky Statutes 321.181
- 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. See Kentucky Statutes 321.181
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Statute: A law passed by a legislature.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Veterinarian: means an individual who is licensed to engage in the practice of veterinary medicine under this chapter. See Kentucky Statutes 321.181
- 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. See Kentucky Statutes 321.181
- 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. See Kentucky Statutes 321.181
(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;
(c) Intervening in cases of verified or suspected impairment or incapacitation; or
(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.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 95, sec. 22, effective June 29, 2023. — Amended
2016 Ky. Acts ch. 116, sec. 13, effective July 15, 2016. — Created 1992 Ky. Acts ch.
299, sec. 10, effective July 14, 1992.