Kentucky Statutes 321.187 – Medical recordkeeping — Access to records
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(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.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 95, sec. 4, effective June 29, 2023.
(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.
Terms Used In Kentucky Statutes 321.187
- Animal: means any member of the animal kingdom other than a human, whether living or dead. See Kentucky Statutes 321.181
- Board: means the Kentucky Board of Veterinary Examiners. See Kentucky Statutes 321.181
- 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. See Kentucky Statutes 321.181
- 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. See Kentucky Statutes 321.181
- 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. 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 - Federal: refers to the United States. See Kentucky Statutes 446.010
- 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. 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
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Subpoena: A command to a witness to appear and give testimony.
- 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
(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.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 95, sec. 4, effective June 29, 2023.