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AN ACT relating to veterinarian licensing and making an appropriation therefor. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 3
READ AS FOLLOWS: 4
Within the context of veterinary practice: 5
(1) "Telehealth" means all uses of technology to remotely gather and deliver health 6
information, advice, education, and care. Veterinary telehealth is divided into 7
categories based on who is involved in the communication. For communication 8
between veterinarians and other persons, there are distinctions in practice related 9
to whether a VCPR, as defined in Section 11 of this Act, has been established 10
with the patient. 11
(2) (a) "Telemonitoring," also known as "mHealth" or "mobile health," means 12
remote monitoring of patients who are not at the same location as the 13
health care provider. Some mHealth applications and wearables are 14
designed to augment animal health care within VCPRs, while others are 15
designed and marketed directly to consumers for their education and for 16
animal monitoring without clinical input and outside the context of a 17
VCPR. 18
(b) "Telesupervision" means the supervision of individuals using media such 19
as audio or audio/video conference, text messaging, and e-mail. 20
(3) Telehealth that provides the delivery of information specific to a particular 21
patient shall be conducted within the context of an established VCPR to ensure 22
protection for the patient. Practitioners providing this type of telehealth to 23
patients in the Commonwealth shall be licensed to practice by the board in 24
Kentucky and shall comply with all state and federal statutes and regulations. 25
Telehealth that requires an established VCPR includes the following defined 26
terms: 27 UNOFFICIAL COPY 22 RS BR 1268
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(a) "Connected care" means the integration of digital technologies to enhance 1
and support the VCPR and facilitate proactive and ongoing care through 2
improved communication, diagnosis, and monitoring. It is an approach to 3
veterinary practice that is patient- and client-centered, and actively engages 4
the entire veterinary healthcare team; and 5
(b) "Telemedicine" means telehealth that involves use of a tool to exchange 6
medical information electronically from one site to another to improve a 7
patient's clinical health status, which may be utilized to augment the 8
practice of veterinary medicine. The appropriate application of telemedicine 9
can enhance animal care by facilitating communication, diagnostics, 10
treatments, client education, scheduling, and other tasks. Telemedicine 11
targeting patients in Kentucky shall only be conducted within an existing 12
VCPR as defined in Section 11 of this Act, with an exception for advice 13
given in an emergency care situation until a patient can be seen by or 14
transported to a veterinarian. 15
(4) Telehealth conducted without a VCPR may include only the delivery of general 16
advice, educational information, and teletriage. Telehealth which may be 17
conducted without a VCPR includes the following defined activities: 18
(a) "Teleadvice" means the provision of any health information, opinion, 19
guidance, or recommendation concerning prudent future actions that are 20
not specific to a particular patient's health, illness, or injury. This is general 21
advice that is not intended to diagnose, prognose, treat, correct, change, 22
alleviate, or prevent animal disease, illness, pain, deformity, defect, injury, 23
or other physical, dental, or mental conditions. If the practitioner providing 24
the teleadvice is a qualified veterinarian or veterinary technician, the 25
practitioner shall be required to hold a valid license from the Kentucky 26
board, except as authorized by Section 15 of this Act, and shall comply with 27 UNOFFICIAL COPY 22 RS BR 1268
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all state and federal statutes and regulations; 1
(b) "Teleconsulting" means telehealth in which a veterinarian uses telehealth 2
tools to communicate with a specialist to gain insights and advice on the 3
care of a patient; and 4
(c) "Teletriage" means the safe, appropriate, and timely assessment and 5
management of animal patients via electronic consultation with their 6
owners, regardless of whether there is an immediate referral to a 7
veterinarian, where a diagnosis is not rendered. In assessing patient 8
condition electronically, the assessor determines urgency and the need for 9
immediate referral to a veterinarian, based on the owner’s or responsible 10
party’s report of history and clinical signs, sometimes supplemented by 11
visual information, such as photographs or video. Practitioners providing 12
this type of telehealth to patients in the Commonwealth shall be licensed to 13
practice by the board in Kentucky, shall comply with all state and federal 14
statutes and regulations, and shall disclose the Kentucky license number to 15
the person receiving the assessment on behalf of the patient. 16
SECTION 2. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) Each veterinarian who provides veterinary medical services shall maintain 19
accurate electronic or legibly written medical records that include the identity of 20
the veterinarian or authorized representative who makes the entry. 21
(2) Veterinary medical records are the property of the client. The veterinary practice 22
where the records were prepared shall be the official records custodian. Original 23
patient records shall be retained by the veterinary practice or veterinarian who 24
prepared them and be readily retrievable for a period of five (5) years following 25
the last patient encounter. 26
(3) The client is entitled to a copy of the veterinary medical records. 27 UNOFFICIAL COPY 22 RS BR 1268
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(a) The veterinarian may require that the request be in writing and may charge 1
a reasonable fee for copying or the staff time in preparing the requested 2
veterinary medical records. 3
(b) Copies of the records shall be provided to the client, designated 4
veterinarian, or duly authorized representative within seven (7) calendar 5
days after receipt of a proper request, or sooner in accordance with the 6
patient’s medical condition. 7
(c) Failure to provide the medical records in a timely fashion upon proper 8
request shall be considered unprofessional conduct. 9
(4) All records required by law to be kept by a veterinarian shall be open to 10
inspection by the board or its authorized representatives during a routine 11
inspection or investigation of a complaint, and a copy shall be provided 12
immediately upon request. 13
(5) Veterinary medical records shall be safeguarded against loss, tampering, or use 14
by unauthorized persons, be readily available, and contain sufficient information 15
to permit any authorized veterinarian to proceed with the care and treatment of 16
the patient by reading the medical record. Veterinary medical records shall 17
include but are not limited to the following information: 18
(a) Patient or herd identification; 19
(b) Client identification; 20
(c) A record of every encounter and consultation regarding the patient; 21
(d) All written records and notes, including diagnosis, treatment, surgery, 22
prescriptions, or recommendations; 23
(e) Radiographs, sonographic images, video recordings, photographs, or other 24
imaging and laboratory reports; 25
(f) Any information received as the result of a consultation, including the date, 26
name, and contact information of the consultant; and 27 UNOFFICIAL COPY 22 RS BR 1268
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(g) Any authorizations, details of conversations, releases, waivers, patient 1
discharge instructions, or other related documents. 2
(6) A patient’s veterinary medical record and medical condition is confidential and 3
may not be furnished to or discussed with any person other than the client or 4
other veterinarians, veterinary technicians, veterinary assistants, aides, veterinary 5
practice staff, or consultants involved in the care or treatment of the patient, 6
except upon authorization of the client or under the following circumstances: 7
(a) Access to the records is specifically required by law, or as described in 8
Sections 11 and 12 of this Act; 9
(b) In response to a court order or subpoena with notice given to the client or 10
the client's legal representative; 11
(c) For statistical and scientific research, if the information is abstracted in a 12
way as to protect the identity of the patient and the client; 13
(d) As part of an inspection or investigation conducted by the board or an agent 14
of the board; 15
(e) To verify the rabies vaccination status of an animal; and 16
(f) In the course of a consultation as defined in Section 10 of this Act. 17
(7) A veterinarian shall not intentionally create a false record, make a false 18
statement, or alter or modify any medical record, document, or report concerning 19
treatment of a patient. When correcting a medical record, the original content 20
should be readable, and the alteration shall be clearly identified with the 21
correction, reason for correction, date, and author’s name. 22
SECTION 3. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) Each person who is licensed as a veterinary technician shall submit a completed 25
renewal application by the renewal deadline and pay to the board an annual 26
renewal fee for the renewal of the person's license. 27 UNOFFICIAL COPY 22 RS BR 1268
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(2) A sixty (60) day grace period shall be allowed after the renewal deadline, during 1
which time individuals may renew their licenses upon submission of a completed 2
renewal application and payment of the renewal fee plus a late fee to the board. 3
All licenses not renewed by the grace period deadline shall expire based on the 4
failure of the individual to renew in a timely manner. Upon expiration, the 5
veterinary technician licensee is no longer eligible to practice in the 6
Commonwealth. 7
(3) After the sixty (60) day grace period, individuals with an expired veterinary 8
technician license may have their licenses reinstated upon submission of a 9
completed reinstatement application and payment of a reinstatement fee to the 10
board. No person who applies for reinstatement after expiration of the person's 11
license shall be required to submit to an examination as a condition for 12
reinstatement if a reinstatement application is made within five (5) years from the 13
date of expiration. 14
(4) A suspended license is subject to expiration and termination and shall be renewed 15
as provided in this chapter. Renewal or reinstatement shall not entitle the licensee 16
to engage in the practice until the suspension has ended, or is otherwise removed 17
by the board and the right to practice is restored by the board. 18
(5) A revoked license is subject to expiration or termination but may not be renewed. 19
If it is reinstated, the licensee shall pay the reinstatement fee. 20
(6) A person who fails to reinstate a license within five (5) years after its expiration 21
or termination may not have it renewed, restored, reissued, or reinstated. A 22
person may apply for and obtain a new license by meeting the requirements of 23
this chapter. 24
(7) The board may require that a person applying for renewal or reinstatement of 25
licensure show evidence of completion of continuing education as prescribed by 26
the board in administrative regulation. 27 UNOFFICIAL COPY 22 RS BR 1268
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(8) The board may grant retired or inactive licensure status and may establish 1
conditions under which retired or inactive licenses may be renewed as set forth by 2
administrative regulations promulgated by the board. 3
SECTION 4. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Each person who is certified as an animal euthanasia specialist shall submit a 6
complete renewal application by the renewal deadline and pay to the board an 7
annual renewal fee for the renewal of the person's certificate. 8
(2) Each animal shelter that is certified as an animal control agency shall submit a 9
completed renewal application by the renewal deadline and pay to the board an 10
annual renewal fee for the renewal of the animal control agency certificate. 11
(3) A sixty (60) day grace period shall be allowed after the renewal deadline, during 12
which time individuals and agencies may renew their certificates upon 13
submission of a completed application, and payment of the renewal fee plus a late 14
renewal fee to the board. Any certificate that was not renewed prior to the grace 15
period deadline shall expire. Upon expiration, the holder of that certificate is no 16
longer eligible to practice animal euthanasia in the Commonwealth or maintain 17
a United States Drug Enforcement Administration controlled substances 18
registration. 19
(4) After the sixty (60) day grace period, individuals and agencies with an expired 20
certificate may have their certificates reinstated upon submission of a completed 21
reinstatement application and payment of a reinstatement fee to the board if the 22
reinstatement application is made within five (5) years from the date of 23
expiration. Animal control agencies may be subject to inspection prior to 24
reinstatement. 25
(5) A suspended certificate is subject to expiration and termination and shall be 26
renewed as provided in this chapter. Renewal or reinstatement shall not entitle 27 UNOFFICIAL COPY 22 RS BR 1268
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the certificate holder to engage in the practice until the suspension has ended or 1
is otherwise removed by the board, and the right to practice is restored by the 2
board. 3
(6) A revoked certificate is subject to expiration or termination but may not be 4
renewed. If it is reinstated, the certificate holder shall pay the reinstatement fee. 5
(7) A person or agency that fails to reinstate its certificate within five (5) years after 6
its expiration or termination shall not have it renewed, restored, reissued, or 7
reinstated. A person or agency may apply for and obtain a new certificate by 8
meeting the requirements of this chapter. 9
(8) The board may require that a person or agency applying for renewal or 10
reinstatement of the certificate show evidence of completion of additional 11
training or continuing education as promulgated in administrative regulation by 12
the board. 13
(9) The board may grant retired or inactive certificate status for certified animal 14
euthanasia specialists and may establish conditions under which retired or 15
inactive certificates may be renewed as set forth by administrative regulations 16
promulgated by the board. 17
SECTION 5. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) The board may obtain a fingerprint-supported criminal record check conducted 20
by the Department of Kentucky State Police or equivalent state police body in the 21
applicant’s home state, and a Federal Bureau of Investigation criminal record 22
check, on each applicant for initial licensing, certification, permitting, or 23
registration, and reinstatement of the credential to practice veterinary medicine, 24
to practice as a veterinary technician, or on individuals identified as veterinarian 25
managers at the time of notification of this designation to the board. 26
(2) The board shall not grant a license to practice veterinary medicine or to practice 27 UNOFFICIAL COPY 22 RS BR 1268
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as a veterinary technician, or approve of the veterinarian manager until it has 1
received and reviewed the criminal background investigations by both the state 2
police and the Federal Bureau of Investigation for that applicant. 3
(3) For good cause shown, the board may require a fingerprint-supported criminal 4
record check conducted by the Department of Kentucky State Police or equivalent 5
state police body in the applicant’s home state and the Federal Bureau of 6
Investigation, on a current or former licensee, certificate holder, permittee, or 7
registrant. 8
(4) For good cause shown, the board may deny an applicant’s petition for licensure, 9
certificate, permit, registration, or reinstatement based on the contents of the 10
background check results. 11
(5) The board may exchange fingerprint data and other background check related 12
communications, including the transfer of results, directly with the Federal 13
Bureau of Investigation and state or local law enforcement. 14
SECTION 6. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) The board may obtain a fingerprint-supported criminal record check conducted 17
by the Department of Kentucky State Police or equivalent state police body in the 18
applicant’s home state and the Federal Bureau of Investigation, on each 19
applicant for initial certification and reinstatement as a certified euthanasia 20
specialist, or on individuals identified as designated on-site managers at the time 21
of notification to the board. 22
(2) The board shall not grant certification as a certified euthanasia specialist or 23
approve the designated on-site manager until it has received and reviewed the 24
criminal background investigations by both the state police and the Federal 25
Bureau of Investigation for that applicant. 26
(3) For good cause shown, the board may require a fingerprint-supported criminal 27 UNOFFICIAL COPY 22 RS BR 1268
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record check conducted by the Department of Kentucky State Police or equivalent 1
state police body in the applicant’s home state and the Federal Bureau of 2
Investigation, on a currently or formerly certified euthanasia specialist. 3
(4) For good cause shown, the board may deny an applicant’s petition for 4
certification or reinstatement based on the contents of the background check 5
results. 6
(5) The board may exchange fingerprint data and other background check related 7
communications, including the transfer of results, directly with the Federal 8
Bureau of Investigation and state or local law enforcement. 9
SECTION 7. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) The board may promulgate administrative regulations defining application and 12
renewal requirements and fees for veterinary facilities. 13
(2) The board may promulgate administrative regulations defining minimum 14
standards for a veterinary facility and for mobile facilities, including 15
requirements for application, inspection, sanitation, and other factors. 16
(3) All existing veterinary facilities shall be registered with the board not later than 17
June 30, 2027. 18
(4) After June 30, 2027, all new facilities shall submit a completed application for 19
registration to the board, including fees as promulgated by the board in 20
administrative regulation. 21
(a) A new veterinary facility shall not begin operation in the Commonwealth 22
until the completed application and fee have been accepted by the board. 23
(b) A new veterinary facility shall be inspected within the first one hundred 24
twenty (120) days of operation. 25
(5) A mobile facility that is affiliated with a veterinary facility shall be exempted from 26
the requirement to register independently, provided the affiliated veterinary 27 UNOFFICIAL COPY 22 RS BR 1268
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facility’s registration identifies that unit as its affiliate. 1
(6) Each application to register a veterinary facility shall identify the veterinarian 2
manager who is responsible for its operation, management, and meeting the 3
minimum requirements established by this chapter and by the board in 4
administrative regulation. 5
(7) The veterinarian manager shall be a Kentucky-licensed veterinarian with an 6
active license in good standing with the board. 7
(8) The veterinarian manager is responsible for notifying the board of any change in 8
the veterinarian manger's association with the veterinary facility within fourteen 9
(14) calendar days. 10
(9) An application for registration renewal shall be completed and submitted to the 11
board periodically after the initial registration deadline in 2027, in accordance 12
with Section 8 of this Act and as defined in administrative regulations 13
promulgated by the board. 14
(10) Veterinary facilities shall be inspected at least once every five (5) years by the 15
board to ensure compliance with this chapter. Veterinary facilities that maintain 16
current American Animal Hospital Association accreditation shall be exempted 17
from periodic board inspections. This subsection shall not prevent the board from 18
conducting inspections at the veterinary facility in response to a complaint or 19
upon suspicion of a violation of this chapter. 20
(11) The board may revoke, suspend, or take other disciplinary action deemed 21
appropriate against the registration, including ordering closure of the veterinary 22
facility, in accordance with Sections 26 and 27 of this Act on any of the following 23
grounds: 24
(a) The board or its agents are denied access to conduct an inspection or 25
investigation; 26
(b) The holder of a registration does not pay all prescribed fees or monetary 27 UNOFFICIAL COPY 22 RS BR 1268
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penalties; 1
(c) There is no veterinarian manager identified; or 2
(d) Failure to comply with minimum standards defined in administrative 3
regulation by the board for the veterinary facility. 4
SECTION 8. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) Each veterinary facility registered with the board shall submit a completed 7
renewal application by the renewal deadline and pay a biennial renewal fee for 8
the renewal of the registration. 9
(2) A veterinary facility with an expired registration may have its registration 10
reinstated upon submission of a completed reinstatement application and 11
payment of a reinstatement fee to the board. 12
(3) A suspended veterinary facility registration is subject to expiration and 13
termination and shall be renewed as provided in this chapter. Renewal or 14
reinstatement shall not entitle the registrant to allow the practice of veterinary 15
medicine on the premises or from the mobile facility until the suspension has 16
ended, or is otherwise removed by the board, and the right to operate or practice 17
is restored by the board. 18
(4) A revoked registration is subject to expiration or termination but may not be 19
renewed. If it is reinstated, the registration holder shall pay the reinstatement fee 20
to the board. 21
(5) A veterinary facility that fails to reinstate its registration within five (5) years 22
after its expiration or termination shall not have it renewed, restored, reissued, or 23
reinstated. A veterinary facility may apply for and obtain a new registration by 24
meeting the requirements of this chapter. 25
(6) The board may require that a veterinary facility applying for renewal or 26
reinstatement of registration show evidence of completion of continuing 27 UNOFFICIAL COPY 22 RS BR 1268
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education by the veterinarian manager as prescribed by administrative regulation 1
of the board. 2
(7) The board may grant inactive registration status and may establish conditions 3
under which inactive registrations may be renewed and reinstated as set forth by 4
administrative regulations promulgated by the board. 5
Section 9. KRS 321.175 is amended to read as follows: 6
It is hereby declared that the practices[practice] of veterinary medicine, veterinary 7
technology, and animal euthanasia, and the operation of registered veterinary facilities 8
and board-certified animal control agencies, are privileges which are[ is a privilege 9
which is] granted by legislative authority in the interest of public health, safety, and 10
welfare, and are subject to regulation and control in the public interest. To protect the 11
public from being misled by incompetent, unscrupulous, and unauthorized practitioners,[ 12
and] from unprofessional or illegal practices by persons licensed to practice veterinary 13
medicine and veterinary technology, from substandard care, and from unlicensed 14
persons, this chapter is enacted in the interest of the health, safety, and welfare of the 15
animal population and the citizens of Kentucky. 16
(1) It is declared to be a matter of public interest and concern that the practices of 17
veterinary medicine, veterinary technology, and animal euthanasia, as described 18
in this chapter, merit and receive the confidence of the public and that only 19
qualified individuals be permitted to practice these professions in the 20
Commonwealth. This chapter shall be liberally construed to carry out these 21
objectives and purposes. 22
(a) It is further declared that the intent of this chapter is to regulate the 23
professions of veterinary medicine, veterinary technology, and animal 24
euthanasia, and establish standards for veterinary premises, both fixed and 25
mobile, and shall result in displacing competition by restricting licensure, 26
permitting, certification, and registration to practice these professions, as 27 UNOFFICIAL COPY 22 RS BR 1268
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this practice is defined and interpreted by the board, to persons and 1
premises determined by the board to be qualified under this chapter. 2
(b) It is further declared that any resulting restriction on competition is 3
outweighed by the broader interest in protection of the public health, safety, 4
and welfare. It is understood that the regulatory structure calls for 5
veterinarians, veterinary technicians, and citizens-at-large to serve on the 6
board and this chapter recognizes the need for professional expertise 7
provided by veterinarians and veterinary technicians serving the public 8
interest. 9
(2) This chapter is intended to provide active oversight and supervision through its 10
legislative enactment, the promulgation of administrative regulations, the 11
appointment of board members by the Governor, legal representation of the 12
board by competent counsel, legislative appropriation of moneys and spending 13
authority to support the board, and engagement in the administrative regulation 14
review process under the auspices of the Legislative Research Commission. 15
(3) It is the purpose of this chapter to promote, preserve, and protect the public 16
health, safety, and welfare by and through the licensure, permitting, certification, 17
registration, and regulation of individuals, whether physically located within or 18
outside of the Commonwealth, who practice veterinary medicine, veterinary 19
technology, and animal euthanasia within Kentucky, and the registration of 20
veterinary facility locations and mobile facilities where veterinary medicine is 21
being practiced. In furtherance of this purpose, this chapter creates the Kentucky 22
Board of Veterinary Examiners, whose members, functions, and procedures shall 23
be established in accordance with this chapter. 24
(4) The purpose of this chapter is to establish a comprehensive scheme to fully 25
occupy the fields of veterinary medicine, veterinary technology, and animal 26
euthanasia, and provide a uniform regulatory scheme to be enforced by the 27 UNOFFICIAL COPY 22 RS BR 1268
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Kentucky Board of Veterinary Examiners as defined in the scopes of practice. 1
SECTION 10. KRS 321.181 IS REPEALED AND REENACTED TO READ 2
AS FOLLOWS: 3
As used in this chapter: 4
(1) "Animal" means any member of the animal kingdom other than humans, 5
whether living or dead; 6
(2) "Animal shelter" means a public agency or private humane society, society for 7
the prevention of cruelty to animals, animal protection shelter or control agency, 8
or other facility that provides shelter and care for homeless, stray, unwanted, or 9
injured animals; 10
(3) "Applicant" means a person who submits an application for licensure, 11
certification, permit, or registration, whether complete or not, to the board; 12
(4) "Approved program of continuing education" means an educational program 13
approved by the board or offered by an approved provider of continuing 14
education; 15
(5) "Approved provider of continuing education" means any person that has met the 16
requirements of the board to provide educational courses that are designed to 17
ensure continued competence in the practice of veterinary medicine or practice of 18
veterinary technology or animal euthanasia; 19
(6) "Approved veterinary medical program" means a school of veterinary medicine 20
or a veterinary medical education program that has been approved by the board 21
under standards established by the board through the promulgation of an 22
administrative regulation; 23
(7) "Approved veterinary technology program" means a school of veterinary 24
technology or a veterinary technology education program that has been approved 25
by the board under standards established by the board through the promulgation 26
of an administrative regulation; 27 UNOFFICIAL COPY 22 RS BR 1268
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(8) "Background check" means an inquiry within a system for the collection, 1
processing, preservation, or dissemination of criminal history records maintained 2
by one or more local, state, or federal agencies; 3
(9) "Board" means the Kentucky Board of Veterinary Examiners created under this 4
chapter; 5
(10) "Certificate holder" means a person duly certified by the board under this 6
chapter; 7
(11) "Certified animal control agency" means an animal shelter that is certified 8
under this chapter; 9
(12) "Certified animal euthanasia specialist" means a person employed by a certified 10
animal control agency who is authorized by the board, under this chapter, to 11
humanely euthanize animals by administering drugs designated by the board for 12
euthanasia and sedation of animals for euthanasia on animals owned by the 13
certified animal control agency or animals in emergency circumstances; 14
(13) "Chemical restraint" means the use of any controlled substance, prescription, or 15
legend drug that restrains or tranquilizes the animal; 16
(14) "Client" means a person, either the owner, owner's agent, or other person 17
presenting the patient for care, who has entered into an agreement with a 18
veterinarian on behalf of a patient for the purposes of obtaining veterinary 19
medical services in person or by any means of communication; 20
(15) "Compensation" includes any gift, bonus, fee, money, credit, or other thing of 21
value; 22
(16) "Complementary and alternative veterinary medicine therapies" means a 23
heterogeneous group of preventive, diagnostic, and therapeutic philosophies and 24
practices that are not considered part of conventional veterinary medicine. These 25
therapies include but are not limited to: 26
(a) Veterinary acupuncture, acutherapy, and acupressure; 27 UNOFFICIAL COPY 22 RS BR 1268
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(b) Veterinary homeopathy; 1
(c) Veterinary manual or manipulative therapy, such as therapies based on 2
techniques practiced in osteopathy, chiropractic medicine, or physical 3
medicine and therapy; 4
(d) Veterinary nutraceutical therapy; and 5
(e) Veterinary phytotherapy; 6
(17) "Consent" means the veterinarian has informed the client, or the client’s 7
authorized representative, in a manner understood by the client or the client’s 8
authorized representative, of the diagnostic and treatment options, potential 9
outcomes, risk assessment, and prognosis, and the client has consented to the 10
recommended services or treatment; 11
(18) "Consultation" means a veterinarian's receipt of advice or assistance in person, 12
or by any method of communication, from a veterinarian or other person whose 13
expertise, in the opinion of the veterinarian, would benefit a patient. Under any 14
circumstance, the responsibility for the welfare of the patient remains with the 15
veterinarian receiving consultation; 16
(19) "Continuing education" means training that is designed to ensure continued 17
competence in the practice of veterinary medicine or the practice of veterinary 18
technology; 19
(20) "Continuing education contact hour" means a fifty (50) minute clock hour of 20
instruction, not including breaks or meals; 21
(21) "Conviction" means a formal declaration that someone is guilty of a crime by a 22
court of competent jurisdiction and shall include a finding or verdict of guilt, an 23
admission of guilt, a no contest plea, a plea of nolo contendere, or a guilty plea; 24
(22) "Credential holder" means a person who holds an approved credential issued by 25
the board in accordance with this chapter, which may be one (1) or more of the 26
following: 27 UNOFFICIAL COPY 22 RS BR 1268
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(a) Certificate; 1
(b) License; 2
(c) Permit; 3
(d) Registration; or 4
(e) Special permit; 5
(23) "Designated on-site manager" means a person who registers with the board to 6
assume responsibility for controlled substances at a board-certified animal 7
control agency; 8
(24) "Discipline" means any final order, settlement agreement, reprimand, fine, or 9
other adverse consequence assessed against a person by the board or any of its 10
counterparts in other jurisdictions; 11
(25) "Embryo transfer" means to remove any embryo from any animal for the 12
purpose of transplanting the embryo into another animal or for the purpose of 13
cryopreserving the embryo, or to implant the embryo into any animal, including 14
food and companion animals; 15
(26) "Emergency" means the animal has been placed in a life-threatening condition 16
and immediate treatment is necessary to sustain life or end suffering; 17
(27) "Examination" means a qualifying examination approved by the board as a 18
condition for certification, licensure, permit, or registration; 19
(28) "Expired" is a licensure status whereby the licensee or certificate holder failed to 20
renew the license or certificate in a timely manner, by the deadlines set by the 21
board through the promulgation of an administrative regulation; 22
(29) "Extralabel use" means actual use or intended use of a drug in an animal in a 23
manner that is not in accordance with the approved labeling. This includes but is 24
not limited to: 25
(a) Use in species or production class not listed in the labeling; 26
(b) Use for indications such as disease or other conditions not listed in the 27 UNOFFICIAL COPY 22 RS BR 1268
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labeling; 1
(c) Use at dosage levels, frequencies, or routes of administration other than 2
those stated in the labeling; and 3
(d) Deviation from the labeled withdrawal time based on these different uses; 4
(30) "Felony" means a criminal act as defined by any jurisdiction or by definition 5
under federal law; 6
(31) "Impaired" means that a credential holder, designated on-site manager, or 7
veterinarian manager is unable to perform that person's duties with reasonable 8
skill and safety because of a physical or mental disability as evidenced by a 9
written determination from a competent authority or written consent based on 10
clinical evidence, including deterioration of mental capacity, loss of motor skills, 11
or substance use disorder of sufficient degree to diminish the person's ability to 12
deliver competent patient care; 13
(32) "Jurisdiction" means any Commonwealth, state, or territory, including the 14
District of Columbia, of the United States of America, any province of Canada, or 15
a regulatory organization, including international bodies, which issues licenses, 16
registrations, permits, or certificates related to the professional fields of 17
veterinary medicine; 18
(33) "Licensee" means a person duly licensed by the board under this chapter; 19
(34) "Livestock" means cattle, horses, sheep, goats, swine, poultry, captured or 20
cultivated aquatic species, farm-raised cervidae and camelidae, bees, and any 21
other species used in the production of fiber, meat, eggs, honey, milk, and other 22
animal food products; 23
(35) "Mobile facility" is described in Section 17 of this Act; 24
(36) "Patient" means any animal or group of animals receiving veterinary care from 25
a veterinarian, veterinary technician, veterinary assistant, or animal euthanasia 26
specialist; 27 UNOFFICIAL COPY 22 RS BR 1268
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(37) "Permittee" means a person permitted by the board under this chapter; 1
(38) "Person" means any individual, firm, partnership, association, joint venture, 2
cooperative, corporation, governmental body, or any other group, legal entity, or 3
combination acting in concert, and whether or not acting as a principal, trustee, 4
fiduciary, receiver, or as any kind of legal or personal representative, or as the 5
successor in interest, assignee, agent, factor, servant, employee, director, officer, 6
or any other representative of the person; 7
(39) "Practice of veterinary medicine" means any person who practices veterinary 8
medicine when performing any one (1) or more of the following on an animal: 9
(a) Directly or indirectly diagnoses, prognoses, corrects, changes, relieves, 10
prevents, supervises, recommends, or performs medical or surgical 11
treatment, including complementary and alternative veterinary medicine 12
therapies, obstetrics, dentistry, oral surgery, acupuncture, laser therapy, 13
manipulation, and all other branches or specialties of veterinary medicine, 14
for the diagnosis, prevention, cure, or relief of a wound, defect, deformity, 15
fracture, bodily injury, disease, or dental, physical, behavioral, or mental 16
condition; 17
(b) Prescribes, dispenses, or administers any drug, medicine, anesthetic, 18
biologic, appliance, apparatus, application, treatment, or other therapeutic 19
or diagnostic substance or technique for veterinary purposes, in accordance 20
with the applicable federal statutes and regulations governing controlled 21
prescription and legend drugs; 22
(c) Performs any manual procedure for the diagnosis, treatment, or both of 23
pregnancy, sterility, or infertility, including embryo transfer; 24
(d) Determines the health, fitness, or soundness of an animal; 25
(e) Represents oneself directly or indirectly, as engaging in the practice of 26
veterinary medicine; or 27 UNOFFICIAL COPY 22 RS BR 1268
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(f) Uses any words, letters, or titles under the veterinary practice as to induce 1
the belief that the individual using them is authorized to practice veterinary 2
medicine under this chapter. This use shall be prima facie evidence of the 3
intention to represent oneself as engaged in the practice of veterinary 4
medicine; 5
(40) "Practice of veterinary technology" means: 6
(a) The practices of veterinary technology when performing patient care, 7
professional medical care, monitoring, treatment, or other services on an 8
animal that require a technical understanding of veterinary medicine on the 9
basis of written or oral instruction of a board-licensed veterinarian, or 10
under supervision of a board-licensed veterinarian; 11
(b) Representation of oneself directly or indirectly, as a licensed veterinary 12
technician or "LVT"; or 13
(c) Use of any words, letters, or titles under the circumstances that would 14
induce the belief that the individual using them is authorized to practice as 15
a veterinary technician under this chapter. This use shall be prima facie 16
evidence of the intention to represent oneself as engaged in practice as a 17
board-licensed veterinary technician; 18
(41) "Premises" means any place where an animal is located when veterinary 19
medicine is being practiced; 20
(42) "Prescription" means an order for a drug or medicine, or combination or 21
mixture of drugs or medicines, or proprietary preparation, that is signed, given, 22
or authorized and intended for use in the diagnosis, cure, mitigation, treatment, 23
or prevention of disease; 24
(43) "Registrant" means a person or premises duly permitted by the board under this 25
chapter; 26
(44) "Registered veterinary facility" means a veterinary facility that is registered with 27 UNOFFICIAL COPY 22 RS BR 1268
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the board under this chapter; 1
(45) "Supervision" pertains to any of the following: 2
(a) "Supervising veterinarian" means a veterinarian who assumes 3
responsibility for the veterinary care given to a patient by an individual 4
working under the veterinarian's direction. The supervising veterinarian 5
shall have examined the patient pursuant to currently acceptable standards 6
of care; 7
(b) "Immediate supervision" means the supervising veterinarian is physically 8
in the immediate area and within audible and visual range of the patient 9
and the individual treating the patient; 10
(c) "Direct supervision" means the supervising veterinarian is readily available 11
on the premises where the patient is being treated; and 12
(d) "Indirect supervision" means the supervising veterinarian need not be on 13
the premises but has given either written or oral instructions for the 14
treatment of the patient and is readily available for communication; 15
(46) "Telehealth" and associated terms are defined in Section 1 of this Act; 16
(47) "Veterinarian" means an individual who is licensed to engage in the practice of 17
veterinary medicine under this chapter; 18
(48) "Veterinarian manager" is a veterinarian who registers to assume responsibility 19
for the registration, management, and operation of a registered veterinary 20
facility; 21
(49) "Veterinarian-client-patient relationship" or "VCPR" is defined in Section 11 of 22
this Act; 23
(50) "Veterinary assistant" means a layperson who is employed by a licensed 24
veterinarian in accordance with Section 30 of this Act; 25
(51) "Veterinary facility" means any building, place, premises, mobile facility, or 26
mobile unit from which the practice of veterinary medicine and practice of 27 UNOFFICIAL COPY 22 RS BR 1268
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veterinary technology are conducted or performed, including but not limited to a 1
mobile clinic or facility, outpatient clinic, veterinary hospital or clinic, emergency 2
facility, specialty facility, referral facility, or center, temporary health clinic or 3
spay/neuter location, but does not include the premises of a veterinary client, a 4
research facility, a federal military base, or an American Veterinary Medical 5
Association-accredited college of veterinary medicine or veterinary technology; 6
(52) "Veterinary specialist" means a veterinarian that has been awarded and 7
maintains certification from an American Veterinary Medical Association-8
recognized veterinary specialty organization, program, or college, and is 9
registered in this specialty with the board; 10
(53) "Veterinary student" means: 11
(a) A person enrolled in any veterinary school or college approved by the 12
American Veterinary Medical Association while pursuing a degree in 13
veterinary medicine; or 14
(b) A person in a post-Doctor of Veterinary Medicine temporary private 15
internship, residency, or veterinary hospital-based program, not to exceed 16
thirty (30) days in a calendar year; 17
(54) "Veterinary technician" means a person who has completed an approved 18
veterinary technology program, and who is licensed in accordance with this 19
chapter. The board may further define subcategories of veterinary technicians in 20
accordance with Section 29 of this Act; 21
(55) "Veterinary wellness committee" means a committee appointed by the board that 22
shall be composed of individuals who have expertise in the areas of alcohol 23
abuse, chemical dependence, drug abuse, or physical or mental condition 24
designated by the board to perform activities related to the veterinary wellness 25
program; and 26
(56) "Veterinary wellness program" means the board-sponsored program for the 27 UNOFFICIAL COPY 22 RS BR 1268
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identification, intervention, and monitoring of credential holders or applicants 1
who may be impaired as a result of alcohol abuse, chemical dependence, drug 2
abuse, or any physical or mental condition. 3
Section 11. KRS 321.185 is amended to read as follows: 4
(1) In order for a veterinarian to practice veterinary medicine, a relationship among the 5
veterinarian, the client, and the patient shall be established and maintained. 6
"Veterinarian-client-patient relationship" or "VCPR" is the basis for veterinary 7
care and means that: 8
(a) The veterinarian and the client or other caretaker of the patient both agree 9
for the veterinarian to assume[has assumed the] responsibility for making 10
medical judgments regarding the health of the animal[ and the need for 11
veterinary treatment, and the client, whether owner or other caretaker, has 12
agreed to follow the instructions of the veterinarian]; 13
(b) There is sufficient knowledge of the animal by the veterinarian to initiate at 14
least a general or preliminary diagnosis of the medical condition of the animal. 15
This means that within the previous twelve (12) months the veterinarian 16
either physically examined the animal or made a medically appropriate in-17
person visit[has recently seen and is personally acquainted with the keeping 18
and care of the animal by virtue of an examination of the animal or by 19
medically appropriate and timely visits] to the premises where the animal is 20
kept; and 21
(c) The[ practicing] veterinarian has assumed responsibility for providing 22
follow-up care to the patient, except in cases where the veterinarian has 23
arranged for: 24
1. Emergency or urgent care coverage by another veterinarian who has 25
access to the patient's medical records or who can provide reasonable 26
and appropriate medical care; or 27 UNOFFICIAL COPY 22 RS BR 1268
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2. Continuing care and treatment by another veterinarian who has 1
access to the patient's medical records or who can provide reasonable 2
and appropriate medical care[is readily available or shall provide 3
medical service for follow-up in case of adverse reactions or failure of 4
the regimen of therapy. A new regimen of therapy shall be contingent 5
only upon cooperation of the client and availability of the subject 6
animal]. 7
(2) The veterinarian shall maintain records which document patient visits, diagnosis, 8
treatment, and other relevant information, as required by Section 2 of this Act. 9
(3) (a) A veterinarian shall not violate the confidential relationship between the 10
veterinarian and the veterinarian's client. Consultation by the veterinarian 11
with another veterinarian or professional expert for the benefit of the 12
patient shall not constitute a violation of confidentiality. 13
(b) A veterinarian shall not release information concerning a client or care of a 14
client's animal, except: 15
1. On the veterinarian's receipt of: 16
a. A written authorization or other form of waiver executed by the 17
client; or 18
b. An appropriate court order or subpoena;[ or] 19
2. In cases of animal abuse, pursuant to KRS 321.188; or 20
3. In cases of reportable diseases as they relate to public health pursuant 21
to KRS 257.080 and 258.075 and the administrative regulations 22
promulgated under the authority of those statutes. 23
(c) A veterinarian who releases information under paragraph (b) of this 24
subsection shall not be liable to any person, including the client, for an action 25
resulting from the disclosure. 26
(d) The privilege provided by this subsection is waived by the client or the owner 27 UNOFFICIAL COPY 22 RS BR 1268
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of an animal treated by the veterinarian to the extent the client or owner places 1
at issue in a civil or criminal proceeding: 2
1. The nature and extent of the animal's injuries; or 3
2. The care and treatment of the animal provided by the veterinarian. 4
(e) This subsection shall not apply to: 5
1. An inspection or investigation conducted by the board or an agent of the 6
board; or 7
2. The veterinary reporting requirements and regulatory authority of the 8
Kentucky Horse Racing Commission to inspect, investigate, and 9
supervise horses and other participants in horse racing as provided by 10
KRS Chapter 230 and the administrative regulations promulgated under 11
KRS Chapter 230, or any other law applicable to the regulation of horse 12
racing in the Commonwealth. 13
(4) Veterinarians providing copies of records under this section may charge no more 14
than the actual cost of copying, including reasonable staff time. 15
(5) A licensed veterinarian who in good faith engages in the practice of veterinary 16
medicine by rendering or attempting to render emergency or urgent care to an 17
animal when a client cannot be identified shall not be subject to penalty based 18
solely on the veterinarian's inability to establish a VCPR with an owner or the 19
owner's representative. 20
(6) A VCPR cannot be established solely by telehealth means. Without a VCPR, any 21
advice provided through telehealth shall be general and not specific to a patient, 22
diagnosis, or treatment. Veterinary telemedicine shall only be conducted within 23
an existing VCPR, with the exception for advice given in an emergency until that 24
patient can be seen in person by a licensed veterinarian. 25
Section 12. KRS 321.188 is amended to read as follows: 26
If a veterinarian finds that an animal with which the veterinarian[he or she] has a 27 UNOFFICIAL COPY 22 RS BR 1268
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veterinarian-client-patient relationship has been abused in violation of KRS 525.125, 1
525.130, 525.135, or 525.137, the veterinarian may make a report to: 2
(1) The Office of the State Veterinarian for any animal for which an on-farm livestock 3
or poultry care standard has been promulgated under KRS 257.196; or 4
(2) Law enforcement for any other animal. 5
SECTION 13. KRS 321.190 IS REPEALED AND REENACTED TO READ 6
AS FOLLOWS: 7
(1) The practice of veterinary medicine and the practice of veterinary technology in 8
the Commonwealth are subject to enforcement by the board. Except as otherwise 9
provided in this chapter, it shall be unlawful for any person to engage in the 10
practice of veterinary medicine or the practice of veterinary technology in the 11
Commonwealth through any means, unless duly licensed under the applicable 12
provisions of this chapter, except as provided in Sections 15 and 30 of this Act. 13
(2) (a) No person shall use the designation "veterinarian," "licensed 14
veterinarian," or any other designation indicating licensure status, 15
including abbreviations, or hold himself or herself out as a veterinarian 16
unless duly licensed for that profession. 17
(b) No person shall use the designation "veterinary technician," "licensed 18
veterinary technician," or any other designation indicating licensure status, 19
including abbreviations, or hold himself or herself out as a veterinary 20
technician unless duly licensed for that profession. 21
(3) The practice of veterinary medicine by telephonic, videoconference, or other 22
means shall constitute the practice of veterinary medicine subject to licensure 23
and enforcement by the board. 24
(4) A veterinarian shall utilize the services of a licensed veterinary technician or 25
veterinary assistant in accordance with this chapter and the administrative 26
regulations promulgated under the authority of this chapter. Unauthorized 27 UNOFFICIAL COPY 22 RS BR 1268
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utilization of any person’s services in violation of this chapter shall be considered 1
as aiding and abetting any unlicensed person to practice veterinary medicine as 2
described in Section 26 of this Act. 3
(5) Nothing in this chapter shall be construed to prevent members of other 4
professions from performing functions for which they are duly licensed. 5
However, these persons shall not hold themselves out or refer to themselves by 6
any title or description stating or implying that they are licensed or otherwise 7
entitled to engage in the practice of veterinary medicine or the practice of 8
veterinary technology. 9
(6) Nothing in this chapter shall be construed to permit any person who is not a 10
veterinarian to perform any of the following activities relating to animals: 11
(a) Surgery; 12
(b) Diagnosis; 13
(c) Prognosis; and 14
(d) Prescription. 15
Section 14. KRS 321.193 is amended to read as follows: 16
The board shall issue a license as a "veterinarian" to an applicant who meets the 17
following requirements: 18
(1) Has completed an application for licensure approved by the board in 19
administrative regulation; 20
(2) Has paid the application fee and the appropriate examination fee; 21
(3)[(2)] Is a person of good moral character. As one (1) element of good moral 22
character, the board shall require each applicant for licensure to submit a full set 23
of the applicant's fingerprints for the purpose of obtaining criminal records 24
checks, pursuant to applicable law. All good moral character information, 25
including the information obtained through the criminal background checks, 26
shall be relevant to licensure eligibility determinations to the extent permitted by 27 UNOFFICIAL COPY 22 RS BR 1268
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law; 1
(4)[(3)] Has graduated and received a doctorate degree in veterinary medicine or 2
equivalent degree in veterinary medicine from a board-approved veterinary 3
medical program[Has received a degree from a veterinary college approved by the 4
board]; 5
(5)[(4)] Has achieved a passing score[, as set by the board by administrative 6
regulation,] on examinations required by administrative regulation promulgated by 7
the board;[ and] 8
(6) Has been approved for licensure by the board; and 9
(7)[(5)] Has complied with any other requirement of the board by administrative 10
regulation. 11
Section 15. KRS 321.200 is amended to read as follows: 12
(1) No provision of this chapter shall be construed to prohibit any of the following: 13
(a) Any persons from gratuitously treating animals in cases of emergency, 14
provided they do not use the word "veterinarian," "veterinary," "veterinary 15
technician," "veterinary nurse," or any title, words, abbreviation, or letters 16
in a manner or under circumstances which may induce the belief that the 17
person using them is qualified to engage in the practice of veterinary 18
medicine or the practice of veterinary technology as described in KRS 19
321.181[(5)]; 20
(b) The owner of any animal or animals and the owner's full-time, or part-time, 21
regular employees from caring for and treating, including administering drugs 22
that are obtained and used in accordance with applicable state and federal 23
statutes and regulations to, any animals belonging to the owner. With the 24
exception of paragraph (c) of this subsection, treatment shall not include 25
surgery. Transfer of ownership or a temporary contract shall not be used for 26
the purpose of circumventing this provision; 27 UNOFFICIAL COPY 22 RS BR 1268
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(c) Any person from castrating and dehorning food animals[ and dehorning 1
cattle], as long as any drugs or medications are obtained and used in 2
accordance with applicable state and federal statutes and regulations 3
governing controlled substances and legend drugs; 4
(d) Any veterinary student as defined in KRS 321.181 from working under the 5
direct supervision of a veterinarian who is duly licensed under this 6
chapter[the laws of this Commonwealth]; 7
(e) Unlicensed[Nonlicensed] graduate veterinarians in the United States Armed 8
Services or employees of the Animal and Plant Health Inspection Service of 9
the United States Department of Agriculture or the Kentucky Department of 10
Agriculture, Division of Animal Health, from engaging[ while engaged] in 11
the performance of their official duties[, or other lawfully qualified 12
veterinarians residing in other states, from meeting licensed veterinarians of 13
this Commonwealth in consultation]; 14
(f) Other lawfully qualified veterinarians residing in and duly licensed in other 15
jurisdictions, from discussing or meeting, either in person or virtually, with 16
licensed veterinarians of this Commonwealth in consultation about a 17
patient so long as the Kentucky-licensed veterinarian has established and 18
maintains a current VCPR with the patient; 19
(g) A trainer, sales agent, or herdsman from caring for animals, upon instruction 20
from a Kentucky-licensed veterinarian, provided there is a current 21
VCPR[veterinary-client-patient relationship], as defined in KRS 321.185; 22
(h)[(g)] A university faculty member from teaching veterinary science or related 23
courses, or a faculty member or staff member from engaging in veterinary 24
research, including drug and drug testing research, provided that research is 25
conducted in accordance with applicable state and federal statutes and 26
regulations governing controlled substances, prescription drugs, and legend 27 UNOFFICIAL COPY 22 RS BR 1268
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drugs; 1
(i)[(h)] Any person who holds a postgraduate degree in reproductive physiology 2
or a related field, and who has performed embryo transfers in Kentucky during 3
the five (5) years immediately preceding July 14, 1992, from performing 4
embryo transfers on animals; 5
(j)[(i)] Volunteer health practitioners providing services under KRS 39A.350 to 6
39A.366;[ or] 7
(k)[(j)] A retailer or its agent from providing information and suggestions 8
regarding the over-the-counter products it sells to treat animals so long as the 9
information and suggestions are consistent with the product label; 10
(l) A Kentucky-licensed veterinarian from inspecting an animal, or an 11
animal's radiographs or other medical records, on behalf of a potential 12
buyer or potential seller, without regard to the existence of a VCPR; 13
(m) Any persons from implanting a microchip in an animal for the purposes of 14
identification or the establishment of ownership; or 15
(n) A veterinarian who is licensed in another jurisdiction, and is in good 16
standing in that jurisdiction, and meets the criteria for licensure in 17
Kentucky, and who has an active application on file with the board pending 18
for less than ninety (90) days, from working as a veterinarian in Kentucky 19
under the supervision of a Kentucky-licensed veterinarian while the board 20
application for licensure is being processed, so long as the place of 21
employment and contact information where the applicant works are 22
disclosed in the application. 23
(2) (a) An unlicensed veterinarian who does not qualify for licensure in Kentucky 24
and who is a nonresident of the United States may be employed in this 25
Commonwealth[state] to engage in the practice of veterinary medicine for 26
not more than thirty (30) days in a calendar[of each] year, provided the 27 UNOFFICIAL COPY 22 RS BR 1268
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person[he or she]: 1
1. Holds a valid, current license as a veterinarian in the person's[his or her] 2
home country; 3
2. Practices under the direct supervision of a veterinarian licensed in 4
Kentucky; 5
3. Registers with the board prior to commencing practice in the 6
Commonwealth[state]; and 7
4. Agrees to practice and follow all the rules and administrative regulations 8
of this chapter and be subject to discipline for violations of those rules 9
and administrative regulations by the Kentucky Board of Veterinary 10
Examiners. 11
(b) This subsection shall not apply to a nonresident of the United States who is 12
otherwise eligible for a Kentucky license under this chapter. 13
(3) Nothing in this chapter shall interfere with the professional activities of any licensed 14
pharmacist. 15
Section 16. KRS 321.201 is amended to read as follows: 16
(1) The board may issue a special permit to practice veterinary medicine to an 17
unlicensed[a nonlicensed] veterinarian who is a qualified applicant to become a 18
licensed veterinarian and who is awaiting the pending results of a board-approved 19
national examination or the final examination stage of a board-approved foreign 20
education equivalency program.[by examination,] 21
(2) Individuals seeking to obtain a special permit shall apply to the board for 22
licensure and shall be[who is] employed by and working under the direct 23
supervision of a Kentucky-[ ]licensed veterinarian. The application shall include a 24
letter of recommendation and acknowledgement of supervisory responsibilities 25
from the supervising licensed veterinarian. 26
(3) The special permit shall not be issued until[after] the application has been 27 UNOFFICIAL COPY 22 RS BR 1268
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submitted[made] to take the next examination given by a board-approved 1
examination provider[the board and the required fees paid. A letter of 2
recommendation from the supervising licensed veterinarian shall be submitted with 3
the application]. 4
(4) The special permit shall expire seven (7) business days[the day] after the notice of 5
results of the first examination given after the permit was issued. 6
(5)[(2)] A special permit holder may be subject to the disciplinary procedures as set 7
forth in KRS 321.351. 8
Section 17. KRS 321.205 is amended to read as follows: 9
(1) A veterinarian may utilize a "mobile facility" or "mobile unit" to conduct 10
business and engage in the practice of veterinary medicine. 11
(2) The mobile facility shall be registered under a current veterinary facility 12
registration with the Kentucky Board of Veterinary Examiners in accordance 13
with Sections 7 and 8 of this Act and the administrative regulations promulgated 14
under the authority of this chapter. 15
(3) The mobile facility and its operators shall comply with all applicable local, state, 16
and federal laws. 17
(4) The mobile facility may: 18
(a)[(1)] Make farm or house calls in a motor vehicle or utilize a motor vehicle 19
equipped with special medical or surgical equipment if the veterinarian has a 20
permanent base of operations with a published address and telephone number[ 21
recorded with the board] where the veterinarian may be contacted. The 22
published contact information shall be on file with the board; 23
(b)[(2)] Apply the principles of environmental sanitation, food inspection, 24
animal nutrition, artificial insemination, environmental pollution control, 25
zoonotic disease control, and disaster medicine in the promotion and 26
protection of public health; and 27 UNOFFICIAL COPY 22 RS BR 1268
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(c)[(3)] Engage in the collection of hazardous biological specimens and the use 1
of vaccine which may be injurious to humans, in accordance with applicable 2
state and federal statutes and regulations. 3
Section 18. KRS 321.207 is amended to read as follows: 4
(1) The Kentucky Board of Veterinary Examiners, upon submission of a complete 5
application and payment of a fee established by the board, shall issue to any animal 6
shelter[control agency] that it determines to be qualified, an authorization to apply 7
to the United States[federal] Drug Enforcement Administration (DEA)[Agency, 8
including any successor entity,] for a controlled substance registration[restricted 9
controlled substance registration certificate] for the purchase, possession, storage, 10
and administration[use] of the specific[sodium pentobarbital or other] drugs 11
approved[as authorized] by the board[ for administration by a certified animal 12
euthanasia specialist] to euthanize or sedate animals for euthanasia for animals 13
owned by the board-certified animal control agency, or in the case of an 14
emergency, of injured, sick, or abandoned animals. 15
(a) A certified animal control agency that successfully obtains a DEA 16
controlled substance registration shall comply with all state and federal 17
laws related to the ordering, purchase, storage, tracking, and disposal of the 18
drugs obtained under the controlled substance registration. 19
(b) A certified animal control agency shall comply with certification renewal 20
requirements as set forth in Section 4 of this Act or the certificate shall 21
expire. 22
(2) A certified animal control agency[To satisfy the board's authorization, the 23
applicant] shall comply with administrative regulations promulgated by the board 24
which contain standards for proper storage and handling of the drugs the board has 25
approved[authorized] for this use, and any other provisions as may be necessary to 26
ensure that the drugs are used safely and solely for the purpose set forth in this 27 UNOFFICIAL COPY 22 RS BR 1268
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section. 1
(3) The requirements for inspections shall include the following: 2
(a) A certified animal control agency shall submit to periodic inspections to 3
ensure compliance with DEA controlled substance registration and board 4
requirements; 5
(b) An applicant for certification as a certified animal control agency shall 6
submit to an inspection prior to certification by the board to ensure 7
adequate security for controlled substances storage; and 8
(c) A previously certified animal control agency with an expired certificate 9
shall submit to inspections by the board to ensure proper log updates, 10
removal, and disposal of all drugs obtained under the DEA controlled 11
substance registration. 12
(4) Upon submission of a complete application, payment of a fee established by the 13
board, and successful completion of a board-approved animal euthanasia specialist 14
training course by the applicant, the Kentucky Board of Veterinary Examiners shall 15
issue to a[any] person whom it determines to be qualified, a certificate for the 16
person to function as a certified animal euthanasia specialist, subject to the 17
following restrictions: 18
(a) A certified animal euthanasia specialist shall comply with certification 19
renewal requirements as set forth in Section 4 of this Act or the certificate 20
shall expire; 21
(b) A certified animal euthanasia specialist shall maintain an employment 22
relationship with a certified animal control agency to be qualified to 23
practice animal euthanasia; 24
(c) A certified animal euthanasia specialist is authorized to perform euthanasia 25
only on the premises of the certified animal control agency, except in case 26
of an emergency; 27 UNOFFICIAL COPY 22 RS BR 1268
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(d) A certified animal euthanasia specialist shall euthanize only animals that 1
are owned by the certified animal control agency, or in cases of emergency. 2
Transfer of ownership or a temporary contract shall not be used for the 3
purpose of circumventing this subsection; 4
(e) A certified animal euthanasia specialist shall not perform euthanasia at a 5
private residence; and 6
(f) A certified animal euthanasia specialist shall not perform euthanasia for a 7
fee or other personal gain. 8
(5)[(4)] Euthanasia of animals in a certified animal control agency shall only be 9
performed by: 10
(a) A licensed veterinarian;[, including] 11
(b) A licensed veterinary technician[ employed by and] functioning under the[ 12
direct] supervision of a licensed veterinarian;[,] or 13
(c) A certified animal euthanasia specialist as provided for in subsection (4)[(3)] 14
of this section. 15
(6) A certified animal control agency that employs a certified animal euthanasia 16
specialist may purchase, possess, and administer the specific[sodium pentobarbital 17
or other] drugs approved by[that] the board[ approves] for the euthanasia or 18
sedation of animals for euthanasia. The specific[Sodium pentobarbital and other] 19
drugs approved by the board shall be the only drugs used by certified animal 20
euthanasia specialists for the euthanasia of animals or sedation of animals for 21
euthanasia in a certified animal control agency. 22
(7)[(5)] Certified animal control agencies and certified animal euthanasia specialists 23
shall be required to renew their certificates at intervals, upon conditions, and upon 24
the payment of fees established by the board through the promulgation of 25
administrative regulations. 26
(8) A veterinarian who is contracted or otherwise employed by an animal shelter 27 UNOFFICIAL COPY 22 RS BR 1268
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shall not store drugs obtained under the veterinarian's DEA controlled substance 1
registration in the same location where the drugs obtained under another DEA 2
controlled substance registration are stored. 3
(a) Separate and secure storage arrangements, drug logs, drug order forms, 4
and secure, limited access shall be required for each separate DEA 5
controlled substance registration. 6
(b) A veterinarian shall not store drugs ordered under the veterinarian's DEA 7
controlled substance registration at an animal shelter unless the DEA 8
controlled substance registration under which the drugs are ordered lists 9
the animal shelter address as the registrant address. 10
Section 19. KRS 321.211 is amended to read as follows: 11
(1) Each person licensed as a veterinarian shall biennially submit a completed renewal 12
application and[, on or before September 30 of each even-numbered year,] pay to 13
the board a renewal fee[ to be promulgated by administrative regulation of the 14
board] for the renewal of the person's[his] license[. All licenses not renewed by 15
September 30 of each even-numbered year shall expire based on the failure of the 16
individual to renew in a timely manner]. 17
(2) A sixty (60) day grace period shall be allowed after the renewal date[September 18
30], as required for renewal in subsection (1) of this section, during which time 19
individuals may renew their licenses upon submission of a completed renewal 20
application and payment of the renewal fee plus a late renewal fee[ as promulgated 21
by administrative regulation of the board]. All licenses not renewed by the grace 22
period deadline[November 30] shall expire[terminate] based on the failure of the 23
individual to renew in a timely manner. Upon expiration[termination], the licensee 24
is no longer eligible to practice in the Commonwealth. 25
(3) After the sixty (60) day grace period, individuals with an expired[a terminated] 26
license may have their licenses reinstated upon submission of a completed 27 UNOFFICIAL COPY 22 RS BR 1268
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reinstatement application and payment of[ the renewal fee plus] a reinstatement 1
fee[ as promulgated by administrative regulation of the board]. No person who 2
applies for reinstatement after expiration[termination] of the person's 3
veterinarian[his] license shall be required to submit to an[any] examination as a 4
condition for reinstatement, if the reinstatement application is made within five (5) 5
years from the date of expiration[termination]. 6
(4) A suspended veterinarian license is subject to expiration and termination and shall 7
be renewed as provided in this chapter. Renewal or reinstatement shall not entitle 8
the licensee to engage in the practice until the suspension has ended, or is otherwise 9
removed by the board and the right to practice is restored by the board. 10
(5) A revoked license is subject to expiration or termination but may not be renewed. If 11
it is reinstated, the licensee shall pay the reinstatement fee[ as set forth in subsection 12
(3) of this section and the renewal fee as set forth in subsection (1) of this section]. 13
(6) A person who fails to reinstate the person's veterinarian[his] license within five (5) 14
years after its expiration or termination shall[may] not have it renewed, restored, 15
reissued, or reinstated. A person may apply for and obtain a new license by meeting 16
the[ current] requirements of this chapter. 17
(7) The board may require that a person applying for renewal or reinstatement of 18
licensure show evidence of completion of continuing education as prescribed by the 19
board by administrative regulation. 20
(8) The board may grant retired or inactive licensure status and may establish 21
conditions under which retired or inactive licenses may be renewed and reinstated 22
as set forth by the board in administrative regulations[ promulgated by the board]. 23
Section 20. KRS 321.221 is amended to read as follows: 24
(1) The board may issue a license by endorsement to any applicant who, upon 25
submitting a completed application[applying] to the board and remitting a fee 26
established in administrative regulation[set by the board], demonstrates to the 27 UNOFFICIAL COPY 22 RS BR 1268
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board that the applicant[he] has met the following requirements: 1
(a) The applicant is a graduate of an approved[a] veterinary medical 2
program[college approved by the board]; 3
(b) The applicant is of good moral character. As one (1) element of good moral 4
character, the board shall require each applicant for licensure to submit a 5
full set of fingerprints for the purpose of obtaining criminal records checks, 6
pursuant to applicable law. All good moral character information, 7
including the information obtained through the criminal background 8
checks, shall be relevant to licensure eligibility determinations to the extent 9
permitted by law; 10
(c) The applicant holds a valid license to practice veterinary medicine and has 11
engaged in the practice of[practiced] veterinary medicine in another state[ of 12
the United States], the District of Columbia,[ or] a territory of the United 13
States, or a province of Canada for at least one (1) year immediately 14
preceding application, if the requirements for licensure in the issuing state or 15
province are equal to or higher than the standards required for the issuance of 16
a new license under the provisions of this chapter;[ and] 17
(d) The applicant has passed an examination given by the board on the laws and 18
administrative regulations of the Commonwealth[ of Kentucky] governing the 19
practice of veterinary medicine; and 20
(e) The applicant has been approved for licensure by the board. 21
(2) The board shall not issue a license by endorsement to any applicant who is under 22
investigation in another state, territory,[ or] the District of Columbia, Canadian 23
province, or any jurisdiction for an act which could result in disciplinary action in 24
that jurisdiction until the investigation and disciplinary proceedings have been 25
completed. 26
Section 21. KRS 321.230 is amended to read as follows: 27 UNOFFICIAL COPY 22 RS BR 1268
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There hereby is created a board to be known as the "Kentucky Board of Veterinary 1
Examiners." 2
(1) The board shall consist of ten (10) members: 3
(a) Nine (9) members shall be appointed by the Governor, as follows:[and the 4
Commissioner of Agriculture or the Commissioner's designee.] 5
1. Seven (7) members shall be citizens of the Commonwealth[ of 6
Kentucky] and shall be veterinarians, each[ have been] lawfully 7
engaged in the practice of veterinary medicine in this Commonwealth 8
for at least two (2) years immediately[next] preceding the date of the 9
member's appointment;[.] 10
2. One (1) member shall be a citizen of the Commonwealth and shall be a 11
citizen at large who is not associated with or financially interested in the 12
practice or business regulated; and[.] 13
3. One (1) member shall be a citizen of the Commonwealth and a licensed 14
veterinary technician who has been employed in the veterinary field in 15
the Commonwealth for at least two (2) years preceding the date of the 16
member's[his or her] appointment; and 17
(b) One (1) member shall be the Commissioner of Agriculture or designee. 18
(2) Whenever possible, the Governor shall ensure that appointments to the board 19
maintain a composition that includes diverse representation from each of the 20
following areas: 21
(a) Species of animals served, including food animals, equines, small animals, 22
and other species; and 23
(b) Regional areas, including eastern Kentucky, western Kentucky, central 24
Kentucky, northern Kentucky, and all regional areas of the Commonwealth. 25
(3) All appointed members shall be appointed for a term of four (4) years and shall 26
serve until the member is reappointed or a qualified successor is appointed. The 27 UNOFFICIAL COPY 22 RS BR 1268
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terms shall be evenly staggered, so that no more than three (3) members are 1
appointed to full terms in any given calendar year. 2
(4) Any vacancy in the appointed membership of the board shall be filled for the 3
unexpired term by appointment by the Governor. 4
(5) Each member of the board shall receive one hundred dollars ($100) per day for each 5
day or substantial part of a day of service actually given in carrying out the 6
member's[his] duties under this chapter, in addition to the member's[his] necessary 7
traveling, hotel, and contingent expenses incurred in attending the meetings of the 8
board and in the performance of the member's[his] duties. 9
(6) Each member shall be required to swear the constitutional oath of office and sign 10
a board-adopted code of ethics agreement within six (6) months of initial 11
appointment, or the member may be removed. 12
(7) A board member may be removed by the Governor, or removed by a three-fourths 13
(3/4) majority vote of the board upon one (1) or more of the following grounds: 14
(a) A poor attendance record, neglect of duty, or malfeasance in office; 15
(b) The refusal or inability for any reason of a board member to perform the 16
duties as a member of the board in an efficient, responsible, and 17
professional manner; 18
(c) The misuse of office by a member of the board to obtain financial or 19
material gain or advantage personally or for another through the office; 20
(d) A final adjudication by a recognized body including the courts that the 21
board member is in violation of the laws governing the practice of 22
veterinary medicine or the practice of veterinary technology; or 23
(e) Other just and reasonable causes as determined solely by the board 24
pursuant to applicable law. In these cases, removal of a member of the 25
board shall be in accordance with KRS Chapters 13A and 13B, or other 26
applicable laws. 27 UNOFFICIAL COPY 22 RS BR 1268
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SECTION 22. KRS 321.235 IS REPEALED AND REENACTED TO READ 1
AS FOLLOWS: 2
(1) The board shall: 3
(a) Administer and enforce this chapter and set and evaluate the qualifications 4
of applicants for licensure, certification, permitting, and registration; 5
(b) Promulgate administrative regulations in accordance with KRS Chapter 6
13A to effectively carry out and enforce the provisions of this chapter; 7
(c) Promulgate administrative regulations to establish the fee amounts for all 8
fees required by this chapter. Fees may not exceed amounts necessary to 9
generate sufficient funds to effectively carry out and enforce the provisions 10
of this chapter, including costs related to administration, overhead, staffing, 11
information technology, investigations, inspections, supplies, equipment, 12
travel, and education and outreach efforts; 13
(d) Promulgate a code of conduct governing the practice of veterinary medicine 14
that shall be based upon generally recognized principles of professional 15
ethical conduct; and 16
(e) Maintain jurisdiction over persons and premises, regardless of their 17
licensure, certificate, permit, or registration status relative to acts, 18
omissions, complaints, and investigations which occurred during the 19
licensure, certification, permit, or registration period. The board shall also 20
maintain jurisdiction over registered facilities, irrespective of their 21
registration status, relative to acts, omissions, complaints, and 22
investigations which occurred during the registration period. This 23
jurisdiction shall be for purposes of enforcement of this chapter and any 24
administrative regulations promulgated under this chapter, including the 25
assessment and collection of fines, costs, and attorneys' fees. Jurisdiction of 26
the board shall also extend to persons engaging in the unauthorized 27 UNOFFICIAL COPY 22 RS BR 1268
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practice of veterinary medicine, unauthorized practice of veterinary 1
technology, or unauthorized practice of animal euthanasia. Licensees, 2
certificate holders, permittees, and registrants shall not divest the board of 3
jurisdiction by changing or relinquishing licensure, certificate, permit, or 4
registration status. 5
(2) The board may: 6
(a) Issue subpoenas, examine witnesses, pay appropriate witness fees, 7
administer oaths, and investigate allegations of practices violating this 8
chapter; 9
(b) Establish in administrative regulation and enforce standards or criteria of 10
programs or other mechanisms to ensure the continuing competence of 11
licensees, certificate holders, permittees, and registrants; 12
(c) Establish in administrative regulation and enforce minimum standards and 13
codes of conduct for its licensees, certificate holders, permittees, and 14
registrants; 15
(d) Establish in administrative regulation and enforce minimum standards for 16
the registration of veterinary facilities and mobile facilities; 17
(e) Promulgate administrative regulations stating that certain practices or 18
procedures within the practice of veterinary medicine may be conducted by 19
non-veterinarian persons trained by board-approved programs in these 20
practices or procedures. The board shall establish in administrative 21
regulation minimum requirements, board oversight, and permitting and 22
renewal conditions; 23
(f) Promulgate administrative regulations to establish: 24
1. Specific duties and responsibilities of the board; 25
2. Administration of licensure, certification, permitting, or registration; 26
and 27 UNOFFICIAL COPY 22 RS BR 1268
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3. Other matters pertaining to veterinarians, veterinary technicians, 1
animal control agencies, animal euthanasia specialists, veterinary 2
facilities, or unlicensed persons consistent with this chapter; 3
(g) Conduct investigations, inspections, and hearings, and keep records and 4
minutes necessary to carry out the function of this chapter; 5
(h) Inspect veterinary premises and equipment, including practice vehicles and 6
mobile facilities, at any time in accordance with protocols established in this 7
chapter and by the board in administrative regulation; 8
(i) Evaluate the qualifications for and authorize the issuance of licenses, 9
certifications, permits, and registrations to qualified candidates and 10
premises; 11
(j) Renew or deny licenses, certifications, permits, and registrations, require 12
continuing education as a condition for renewal, and promulgate 13
administrative regulations regarding the issuance and renewal of retired 14
and inactive licenses, certifications, permits, and registrations; 15
(k) Limit, reprimand, suspend, or revoke licenses, certificates, permits, and 16
registrations, or impose supervisory or probationary conditions upon 17
licensees, certificate holders, permittees, or registrants, or impose 18
administrative disciplinary fines, issue written reprimands, or any 19
combination thereof; 20
(l) Seek injunctive relief in Franklin Circuit Court to stop the unlawful 21
practice of veterinary medicine or practice of veterinary technology by 22
unlicensed persons, or against any person for the enforcement of this 23
chapter or any administrative regulations promulgated pursuant to this 24
chapter; 25
(m) Appoint from its own membership or staff one (1) or more members or 26
personnel to act as representatives of the board at any meeting within or 27 UNOFFICIAL COPY 22 RS BR 1268
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outside the Commonwealth; and 1
(n) Award scholarships or educational awards, as determined by the board, to a 2
person in the act of advancing toward, or having completed a degree in, 3
veterinary medicine or veterinary technology from an approved veterinary 4
medical program or approved veterinary technology program, and may take 5
any other appropriate action to effectuate the Veterinary Medicine Practice 6
Act. The board may contract with other state agencies and nonprofit 7
corporations for the endowment, management, and administration of 8
scholarships and educational awards. The requirements of these 9
scholarships and educational awards shall be determined by the board. 10
However, nothing contained in this section shall be construed as requiring 11
the board to endow or award any scholarship or educational award. 12
(3) Members of the board, its agents, and employees shall be immune from personal 13
liability in any action, civil or criminal, which is based upon any official act or 14
acts performed by them in good faith. 15
Section 23. KRS 321.237 is amended to read as follows: 16
(1) The board may[shall have the authority to] establish a veterinary wellness 17
committee to undertake the functions and responsibilities of a veterinary wellness 18
program. The functions and responsibilities may include any of the following: 19
(a) Receiving and evaluating reports of suspected impairment from any source; 20
(b) Issuing an order directing an applicant, certificate holder, licensee, on-site 21
designated manager, permittee, registrant, or veterinarian manager to 22
undergo a mental or physical examination or chemical dependency 23
evaluation, when probable cause exists that the credential holder has 24
engaged in conduct prohibited by this chapter or a statute or administrative 25
regulation enforced by the board. For the purpose of this section, every 26
credential holder is considered to have consented to undergo a mental or 27 UNOFFICIAL COPY 22 RS BR 1268
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physical examination or chemical dependency evaluation when ordered to 1
do so, in writing, by the board and to have waived all objections to the 2
admissibility of the examiner's or evaluator's testimony or reports on the 3
grounds that the testimony or reports constitute a privileged 4
communication; 5
(c) Intervening in cases of verified impairment; or 6
(d)[(c)] Referring impaired credential holders, on-site designated managers, 7
veterinarian managers, or applicants[veterinarians] to treatment programs as 8
a requirement of initial or continued licensure, certification, registration, or 9
permitting. 10
(2) Other provisions of law notwithstanding, all board and committee records 11
pertaining to the veterinary wellness program shall be kept confidential. No person 12
in attendance at any meeting of the committee shall be required to testify as to any 13
committee discussions or proceedings. 14
(3) Other provisions of law notwithstanding, no member of the board or the veterinary 15
wellness committee shall be liable for damages to any person for any acts, 16
omissions, or recommendations made by the member in good faith while acting 17
within the scope of the member's responsibilities in accordance with this section. 18
Section 24. KRS 321.240 is amended to read as follows: 19
(1) The board shall annually elect a chair and a vice chair from the appointed members 20
of the board. Officers of the board serve for terms of one (1) year and until a 21
successor is elected, without limitation on the number of terms an officer may 22
serve as long as he or she holds a current appointment to the board. 23
(2) The board shall hold at least five (5)[two (2)] meetings annually and additional 24
meetings as the board may deem necessary. The additional meetings may be held 25
upon call of the chair or upon written request of three (3) members of the board. 26
(3) Six (6)[Five (5)] members of the board shall constitute a quorum to conduct 27 UNOFFICIAL COPY 22 RS BR 1268
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business. 1
(4)[(3)] The board may employ its own executive director and staff, or employ or 2
contract with any other persons it deems necessary to carry on the work of the board 3
and shall define their duties and fix their compensation. Should the board prefer 4
not to directly employ or contract with persons to serve as its executive director or 5
staff, the board may enter into a contract with another state agency in which the 6
board shall pay to the agency a sum sufficient to offset that agency's costs in the 7
salary and benefits of one (1) or more employees who will be assigned to serve the 8
board as its executive director and staff. 9
[(4) Upon recommendation of the board, the Governor may remove any member of the 10
board for a poor attendance record, neglect of duty, or malfeasance in office. 11
(5) The board shall promulgate administrative regulations as it may deem necessary and 12
proper to effectively carry out and enforce the provisions of this chapter, including 13
regulations to establish authorized fees. Fees may not exceed amounts necessary to 14
generate sufficient funds to effectively carry out and enforce the provisions of this 15
chapter. 16
(6) The board shall promulgate a code of conduct governing the practice of veterinary 17
medicine which shall be based upon generally recognized principles of professional 18
ethical conduct.] 19
Section 25. KRS 321.320 is amended to read as follows: 20
(1) All fees and other moneys received by the board pursuant to the provisions of this 21
chapter shall be deposited in the State Treasury to the credit of a revolving fund for 22
the use of the board. 23
(2) No part of this revolving fund shall revert to the general funds of this 24
Commonwealth. 25
(3) All expenses incurred by the board shall be paid from this revolving fund, 26
including: 27 UNOFFICIAL COPY 22 RS BR 1268
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(a) The compensation of members of the board; 1
(b) Salaries, wages, and benefits[ and all] of the employees of the board; 2
(c) Payment of contractors hired by the board; 3
(d) Administrative services provided to the board; and 4
(e) Technology expenses related to administration of this chapter[and all 5
expenses incurred by the board shall be paid from this revolving fund]. 6
(4) Scholarships and other educational awards approved by the board for the 7
purpose of promoting persons entering into the fields of veterinary medicine shall 8
be paid from this revolving fund. 9
(5) The board may receive and expend funds, in addition to fees collected from 10
parties other than applicants and credential holders, provided that these funds 11
shall be used in the pursuit of a specific objective that the board may accomplish 12
by this chapter or which the board is qualified to accomplish by reason of its 13
jurisdiction or professional expertise. 14
Section 26. KRS 321.351 is amended to read as follows: 15
(1) The board may refuse to issue a license, or may suspend, revoke, impose 16
probationary or supervisory conditions upon, impose an administrative fine not to 17
exceed five thousand dollars ($5,000) per violation, issue a written reprimand, issue 18
a private admonishment, or any combination of actions regarding any licensee upon 19
proof that the licensee has: 20
(a) Committed any act of dishonesty or corruption, if in accordance with KRS 21
Chapter 335B. If the act constitutes a crime, conviction in a criminal 22
proceeding is not a condition precedent to disciplinary action. Upon 23
conviction of the crime, the judgment and sentence are presumptive evidence 24
at the ensuing disciplinary hearing of the guilt of the licensee or applicant. 25
"Conviction," as used in this paragraph, shall include a finding or verdict of 26
guilt, an admission of guilt, or a plea of nolo contendere; 27 UNOFFICIAL COPY 22 RS BR 1268
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(b) Misrepresented or concealed a material fact in obtaining a license, or in 1
reinstatement of a license; 2
(c) Committed any unfair, false, misleading, or deceptive act or practice; 3
(d) Been incompetent or negligent in the practice of veterinary medicine, the 4
practice of veterinary technology, or its associated professional activities; 5
(e) Violated any[ state] statute or administrative regulation governing the practice 6
of veterinary medicine, the practice of veterinary technology, or its 7
associated professional activities[ or any activities undertaken by a 8
veterinarian]; 9
(f) Failed to comply with an order issued by the board or an assurance of 10
voluntary compliance; 11
(g) Violated the code of ethical conduct as set forth by the board by 12
administrative regulation; or 13
(h) Violated any applicable provision of any federal or state law or regulation 14
regarding the dispensing of controlled substances or legend drugs, if in 15
accordance with KRS Chapter 335B. 16
(2) Five (5) years from the date of a revocation, any person whose license has been 17
revoked may petition the board for reinstatement. The board shall investigate the 18
petition and may reinstate the license upon a finding that the individual has 19
complied with any terms prescribed by the board and is again able to competently 20
engage in[ the] practice[ of veterinary medicine]. 21
(3) When in the judgment of the board, an alleged violation is not of a serious nature, 22
and the evidence presented to the board after the investigation and appropriate 23
opportunity for the licensee to respond, provides a clear indication that the alleged 24
violation did in fact occur, the board may issue a written reprimand to the licensee. 25
A copy of the reprimand shall be placed in the permanent file of the licensee. The 26
licensee shall have the right to file a response to the reprimand within thirty (30) 27 UNOFFICIAL COPY 22 RS BR 1268
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days of its receipt and to have the response placed in the permanent licensure file. 1
The licensee may alternatively, within thirty (30) days of the receipt, file a request 2
for hearing with the board. Upon receipt of this request the board shall set aside the 3
written reprimand and set the matter for hearing. 4
(4) At any time during the investigative or hearing processes, the board may enter into 5
an agreed order, settlement agreement, or accept an assurance of voluntary 6
compliance with the licensee which effectively deals with the complaint. 7
(5) The board may reconsider, modify, or reverse its probation, reprimand, 8
suspensions, or other disciplinary action. 9
(6) Private admonishment shall not be subject to disclosure to the public under KRS 10
61.878 and shall not constitute disciplinary action, but may be used by the board for 11
statistical purposes or in a subsequent disciplinary action against the licensee or 12
applicant. 13
(7) For the purposes of this section, "license" means any license, certificate, permit, 14
registration, or other credential issued or approved by the board, or the 15
veterinarian manager designated on a veterinary facility registration, or on-site 16
designated manager designated for a certified animal control agency. 17
(8) For the purposes of this section, "licensee" means a person who holds any 18
license, certificate, permit, registration, or other credential issued or approved by 19
the board, or is the veterinarian manager designated on a veterinary facility 20
registration, or on-site designated manager designated for a certified animal 21
control agency. 22
Section 27. KRS 321.353 is amended to read as follows: 23
(1) The board may, by a majority vote, issue an emergency order for the immediate, 24
temporary suspension of a license, certificate, permit, or registration against which 25
disciplinary action, an investigation, or initiating complaint is pending if the order is 26
necessary to protect the public. 27 UNOFFICIAL COPY 22 RS BR 1268
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(2) The emergency order shall be made in accordance with KRS 13B.125 and shall be 1
based upon a finding by the board that the emergency order is in the public interest 2
and that there is substantial evidence of immediate danger to the health, welfare, 3
and safety of the credential holder's[licensee's] clients,[ or] animals, or the general 4
public. 5
(3) A licensee, certificate holder, permittee, or registrant may appeal the emergency 6
order by filing a written request to the board for an emergency hearing in 7
accordance with KRS 13B.125 within thirty (30) days after receipt of the order. 8
(4) The appeal of an emergency order shall address only the necessity for the action and 9
shall not constitute an appeal of the merits of the underlying complaint or charge. 10
(5) The emergency order shall remain in effect until modified or vacated by the board 11
or hearing officer or superseded by final disciplinary action of the board or hearing 12
officer on the underlying complaint or charge. 13
(6) The board shall expedite disciplinary hearings in which a licensee, certificate 14
holder, permittee, or registrant has been suspended under subsection (1) of this 15
section. 16
(7) Any party aggrieved by a final order of the board may appeal to the Franklin Circuit 17
Court after a written decision is issued by the board in accordance with KRS 18
Chapter 13B. 19
Section 28. KRS 321.360 is amended to read as follows: 20
(1) Except as provided in KRS 321.353, the board, before suspending, revoking, 21
imposing probationary or supervisory conditions upon, imposing an administrative 22
fine, or any combination of actions regarding any license, certificate, permit, or 23
registration, or regarding any veterinarian manager or on-site designated 24
manager under the provisions of this chapter, shall set the matter for hearing in 25
accordance with KRS Chapter 13B. After denying an application under the 26
provisions of this chapter, or issuing a written reprimand, the board shall grant a 27 UNOFFICIAL COPY 22 RS BR 1268
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hearing in accordance with KRS Chapter 13B to the denied applicant only upon 1
written request of the applicant made within thirty (30) days of the date of the letter 2
advising of the denial or the reprimand. 3
(2) Any party aggrieved by a final order of the board may appeal to Franklin Circuit 4
Court in accordance with KRS Chapter 13B. 5
Section 29. KRS 321.441 is amended to read as follows: 6
(1) The board shall issue a license as a veterinary technician to an applicant who: 7
(a) Is a graduate of an approved[accredited program of] veterinary technology 8
program[or its equivalent as approved by the board], with an associate or 9
bachelor's degree related to veterinary technology; 10
(b) Obtains a passing score on an examination as determined by the board to 11
assess the qualifications and fitness of an applicant to engage in the practice;[ 12
and] 13
(c) Is a person of good moral character. As one (1) element of good moral 14
character, the board shall require each applicant for licensure to submit a 15
full set of the applicant's fingerprints for the purpose of obtaining criminal 16
records checks, pursuant to applicable law. All good moral character 17
information, including the information obtained through the criminal 18
background checks, shall be relevant to licensure eligibility determinations 19
to the extent permitted by law; 20
(d) Has met all the requirements of the board as established by administrative 21
regulation of the board; and 22
(e) Has been approved for licensure by the board. 23
(2) For the purpose of this chapter, "veterinary technician," "veterinary 24
technologist," "veterinary nurse," or any other category of veterinary technician 25
defined by the board in administrative regulation shall have the same meaning as 26
"veterinary technician" under this chapter. 27 UNOFFICIAL COPY 22 RS BR 1268
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(3) The board shall promulgate administrative regulations for one (1) or more 1
categories of veterinary technicians defining the: 2
(a) Minimum qualifications required; 3
(b) Specific tasks that the licensee may perform under a veterinarian's 4
supervision; and 5
(c) Specific tasks that the licensee shall not perform. 6
(4) The practice of veterinary technology by telephonic, videoconference, or other 7
means shall constitute the practice of veterinary technology subject to licensure 8
and enforcement by the board. 9
(5) A veterinary technician who performs veterinary technology contrary to this 10
chapter shall be subject to disciplinary actions in a manner consistent with this 11
chapter applicable to licensed veterinarians[defining the scope of practice of the 12
veterinary technician as well as the delegable duties from a licensed veterinarian]. 13
(6)[(3)] Each veterinary technician licensed by the board shall pay an annual fee as 14
prescribed by the board. 15
(7) Each veterinary technician licensed by the board shall complete[attend] annual 16
continuing education hours to renew the license as required by the board in 17
administrative regulation[to renew the license]. 18
(8) Failure to renew shall result in the expiration[termination] of the license[. If a 19
hearing is requested upon the rejection of an application, or upon the termination of 20
a license, a hearing shall be conducted in accordance with the KRS 321.360. 21
(4) The services of a licensed veterinary technician shall be limited to the performance 22
of duties under the direct supervision of a licensed veterinarian, except for the 23
routine administration of drugs, vaccines, parasite control agents, and growth 24
stimulating implants for food animals prescribed by a veterinarian and under the 25
indirect supervision of a veterinarian where a veterinarian-client-patient relationship 26
exists. A licensed veterinary technician shall receive no fee or compensation for 27 UNOFFICIAL COPY 22 RS BR 1268
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services other than salary or compensation paid by the establishment by which the 1
licensed veterinary technician is employed. A licensed veterinary technician shall 2
not participate in the operation of a branch office, clinic, or allied establishment 3
unless a licensed veterinarian is on the premises. A licensed veterinary technician 4
shall not diagnose, prescribe medication or treatment, or perform surgical 5
procedures other than castrating and dehorning of food animals. A licensed 6
veterinary technician may assist a veterinarian in all duties of veterinary medicine 7
and surgery]. 8
(9)[(5)] A veterinarian shall utilize the services of a licensed veterinary technician in 9
accordance with the terms and provisions of this chapter. Unauthorized utilization 10
of licensed veterinary technicians by veterinarians shall be considered as aiding and 11
abetting any unlicensed person to practice veterinary medicine as described in KRS 12
321.351. 13
(10)[(6)] Nothing in this section shall prohibit volunteer health practitioners from 14
providing services under KRS 39A.350 to 39A.366. 15
(11) Except as authorized by Section 15 of this Act, no person shall practice as a 16
veterinary technician or perform any of the duties usually performed by a 17
veterinary technician unless the person holds a license to practice as a veterinary 18
technician issued and validly existing under the laws of this Commonwealth, as 19
provided in the Kentucky Veterinary Medicine Practice Act. 20
Section 30. KRS 321.443 is amended to read as follows: 21
(1) A veterinary assistant shall only work in the Commonwealth in the following 22
circumstances: 23
(a) Under the supervision of a board-licensed veterinarian where a VCPR 24
exists; or 25
(b) Under the direct supervision of a board-licensed veterinary technician who 26
is under the supervision of a licensed veterinarian where a VCPR 27 UNOFFICIAL COPY 22 RS BR 1268
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exists[may work only under the direct supervision of a veterinarian except for 1
the routine administration of drugs, vaccines, parasite control agents, and 2
growth stimulating implants for food animals prescribed by a veterinarian and 3
under the indirect supervision of a veterinarian where a veterinarian-client-4
patient relationship exists]. 5
(2) Duties of a veterinary assistant shall exclude diagnosing, prescribing medication or 6
treatment, and performance of surgical procedures other than castrating and 7
dehorning of food animals. 8
(3) A veterinary assistant and the veterinary assistant's employer shall not represent 9
the veterinary assistant as a veterinary technician. 10
(4) A veterinary assistant who performs the duties of a veterinary assistant contrary 11
to this chapter or outside the scope defined by the board shall be subject to 12
disciplinary actions in a manner consistent with this chapter applicable to 13
licensed veterinarians. 14
(5) A veterinarian shall utilize the service of a veterinary assistant in accordance with 15
the terms and provisions of this chapter. Unauthorized utilization of veterinary 16
assistants shall be considered as aiding and abetting an unlicensed person to practice 17
veterinary medicine as described in KRS 321.351. 18
Section 31. KRS 321.990 is amended to read as follows: 19
Any person who violates or aids[shall violate or aid] in the violation of KRS 321.190 20
shall be guilty of a misdemeanor and upon conviction shall be fined not less than one 21
hundred[ten] dollars ($100)[($10)] nor more than one thousand[five hundred] dollars 22
($1,000)[($500)], or sentenced to jail for not less than ten (10) nor more than ninety (90) 23
days, or both per violation so fined and imprisoned in the discretion of the jury. 24
SECTION 32. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 25
READ AS FOLLOWS: 26
This chapter shall be known as the Kentucky Veterinary Medicine Practice Act. 27 UNOFFICIAL COPY 22 RS BR 1268
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Section 33. If any provision of this Act or the application thereof to any person 1
or circumstance is held invalid, the invalidity shall not affect other provisions or 2
applications of the Act that can be given effect without the invalid provision or 3
application, and to this end the provisions of this Act are severable. 4