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AN ACT relating to allied animal health professional licenses. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 321.181 is amended to read as follows: 3
As used in this chapter: 4
(1) "Allied animal health professional" or "AAHP" means a professional who has 5
completed an approved allied animal health professional program as defined by the 6
board in administrative regulations promulgated by the board in accordance with 7
KRS Chapter 13A[regulation] and who offers specialized, limited services as 8
defined in this chapter or by the board in an administrative regulation to an animal 9
patient in an area of practice as identified in Section 2 of this Act[animal 10
chiropractic]; 11
(2) (a) "Allied animal health professional facility" or "AAHP facility" means any 12
building, fixed facility, place, premises, mobile facility, mobile unit, or 13
location from which the practice of allied animal health professionals on 14
animals is conducted or performed, including but not limited to a mobile 15
clinic or facility, outpatient clinic, emergency facility, specialty facility, 16
referral facility, human facility, or center. 17
(b) An AAHP facility includes all fixed buildings used in AAHP practice at a 18
single physical premises location. 19
(c) An AAHP facility does not include: 20
1. The premises of a client unless a fixed allied animal health professional 21
facility is located on the premises; 22
2. A research facility; 23
3. A federal military base; 24
4. Locations for temporary animal exhibition; 25
5. State or federal regulatory facilities; or 26
6. An approved allied animal health professional program location; 27 UNOFFICIAL COPY 25 RS BR 426
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(3) "Allied animal health professional manager" or "AAHP manager" means at least 1
one (1) board-licensed[permitted] AAHP who registers to assume responsibility for 2
the registration, management, and operation of a registered allied animal health 3
professional facility; 4
(4) "Allied animal health professional license[permit]" or "AAHP license[permit]" 5
means a credential issued to an allied animal health professional who is 6
licensed[permitted] by the board to practice on animals in the Commonwealth and 7
to conduct specialized services for an animal patient limited to the scope of work as 8
defined in this chapter or by the board in administrative regulation[ by the board]; 9
(5) "Animal" means any member of the animal kingdom other than a human, whether 10
living or dead; 11
(6) "Animal chiropractic" means the science of diagnosing and adjusting or 12
manipulating the subluxations of the articulations of an animal's spine and its 13
adjacent tissues and by applying methods of treatment designed to augment those 14
adjustments or manipulations; 15
(7) "Animal control agency" means an animal shelter fulfilling the duties required 16
pursuant to KRS Chapter 258 that is owned, contracted with, or in service on 17
behalf of a county or municipality; 18
(8) "Animal shelter" means a public agency or private humane society, society for the 19
prevention of cruelty to animals, animal protection shelter or control agency, or 20
other facility that provides shelter and care for homeless, stray, unwanted, or 21
injured domestic animals; 22
(9)[(8)] "Applicant" means a person who submits an application for licensure, 23
certification, license[permit], or registration, whether complete or not, to the board; 24
(10)[(9)] "Approved allied animal health professional program" means a school or 25
educational program offering specialized training to provide limited services to an 26
animal patient that has been approved by the board in an administrative regulation 27 UNOFFICIAL COPY 25 RS BR 426
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as meeting its administrative standards; 1
(11)[(10)] "Approved foreign equivalency program" means a school or educational 2
program that has been approved by the board as meeting its administrative 3
standards, which offers additional training and testing for persons who graduated 4
from a non-board-approved veterinary medical program or non-board-approved 5
veterinary technology program; 6
(12)[(11)] "Approved program of continuing education" means an educational program 7
approved by the board or offered by an approved provider of continuing education; 8
(13)[(12)] "Approved provider of continuing education" means any person that has met 9
the requirements of the board to provide educational courses that are designed to 10
ensure continued competence in the practice of veterinary medicine, veterinary 11
technology, animal euthanasia, or other area of practice governed by the board; 12
(14)[(13)] "Approved veterinary medical program" means a school of veterinary 13
medicine or a veterinary medical education program that has been approved by the 14
board as meeting its administrative standards; 15
(15)[(14)] "Approved veterinary technology program" means a school of veterinary 16
technology or a veterinary technology education program that has been approved by 17
the board as meeting its administrative standards; 18
(16)[(15)] "Background check" means an inquiry within a system for the collection, 19
processing, preservation, or dissemination of criminal history records maintained by 20
one (1) or more local, state, or federal agencies; 21
(17)[(16)] "Board" means the Kentucky Board of Veterinary Examiners; 22
(18)[(17)] "Certificate holder" means a person certified by the board; 23
(19)[(18)] "Certified animal control agency" means an animal shelter that is certified by 24
the board; 25
(20)[(19)] "Certified animal euthanasia specialist" means a person employed by a 26
certified animal control agency who is authorized by the board to humanely 27 UNOFFICIAL COPY 25 RS BR 426
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euthanize animals by administering drugs designated by the board for euthanasia 1
and sedation including animals owned by the certified animal control agency or 2
animals in emergency care circumstances; 3
(21)[(20)] "Chemical restraint" means the use of any controlled substance, veterinary 4
drug, prescription, veterinary prescription drug, or legend drug that assists in the 5
restraint of[restrains] or sedates[tranquilizes] the animal; 6
(22)[(21)] "Client" means the owner, owner's agent, or other person presenting the 7
patient for care, who has entered into an agreement with a veterinarian or allied 8
animal health professional on behalf of a patient for the purposes of obtaining 9
veterinary medical services or allied animal health professional services in person 10
or by any means of communication or telehealth; 11
(23)[(22)] "Compensation" includes any gift, bonus, fee, money, credit, or other thing of 12
value; 13
(24)[(23)] "Complementary and alternative veterinary medicine therapies" means a 14
heterogeneous group of preventive, diagnostic, and therapeutic philosophies and 15
practices that are not considered part of conventional veterinary medicine. These 16
therapies include but are not limited to: 17
(a) Veterinary acupuncture, acutherapy, and acupressure; 18
(b) Veterinary homeopathy; 19
(c) Veterinary manual or manipulative therapy, such as therapies based on 20
techniques practiced in osteopathy, chiropractic, or physical medicine and 21
therapy; 22
(d) Veterinary nutraceutical therapy; and 23
(e) Veterinary phytotherapy; 24
(25)[(24)] "Consultation" means a veterinarian's receipt of advice, assistance in person, 25
or by any method of communication from a veterinarian or other person whose 26
expertise, in the opinion of the veterinarian, would benefit a patient while the 27 UNOFFICIAL COPY 25 RS BR 426
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responsibility for the welfare of the patient remains with the veterinarian receiving 1
consultation; 2
(26)[(25)] "Continuing education" means training that is designed to ensure continued 3
competence in the practice of veterinary medicine, veterinary technology, or for 4
certified animal euthanasia specialists, licensed[permitted] allied animal health 5
professionals, or any board credential holder; 6
(27)[(26)] "Continuing education contact hour" means a fifty (50) minute clock hour of 7
instruction, not including breaks or meals; 8
(28)[(27)] "Conviction" means a formal declaration that someone is guilty of a crime by 9
a court of competent jurisdiction and shall include a finding or verdict of guilt, an 10
admission of guilt, a no contest plea, a plea of nolo contendere, or a guilty plea; 11
(29)[(28)] "Credential" means: 12
(a) Any license, certificate, permit, registration, or other credential issued or 13
approved by the board; or 14
(b) The authorization to serve as the veterinarian manager or registered 15
responsible party designated on a veterinary facility registration, as the AAHP 16
manager or registered responsible party designated on an AAHP facility 17
registration, or as the designated on-site manager designated for a certified 18
animal control agency; 19
(30)[(29)] "Credential holder" means a person who holds an approved credential issued 20
by the board, which may be one (1) or more of the following: 21
(a) Certificate; 22
(b) License; 23
(c)[ Permit; 24
(d)] Registration; or 25
(d)[(e)] Special permit; 26
(31)[(30)] "Designated on-site manager" means a person who registers with the board to 27 UNOFFICIAL COPY 25 RS BR 426
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assume responsibility for the ordering, management, use, and disposal of controlled 1
substances at a certified animal control agency; 2
(32)[(31)] "Discipline" means any final order, settlement agreement, reprimand, fine, or 3
other adverse consequence assessed against a person by the board or any of its 4
counterparts in other jurisdictions; 5
(33)[(32)] "Embryo transfer" means to remove an embryo from any animal for the 6
purpose of transplanting the embryo into another animal, cryopreserving the 7
embryo, or implanting the embryo into any animal, including food and companion 8
animals; 9
(34)[(33)] "Emergency care" means immediate treatment that is necessary to sustain life 10
or end suffering of an animal that is in a life-threatening condition; 11
(35) "Equine dentistry" means any diagnosis, treatment, or surgical procedure 12
performed on the head or oral cavity of an equine animal, including: 13
(a) Any procedure that invades the tissues of the oral cavity, including a 14
procedure to: 15
1. Remove sharp enamel projections; 16
2. Treat malocclusions of the teeth; 17
3. Reshape teeth; or 18
4. Extract one (1) or more teeth; 19
(b) The treatment or extraction of damaged or diseased teeth; 20
(c) The treatment of diseased teeth through restoration and endodontic 21
procedures; 22
(d) Periodontal treatments, including the: 23
1. Removal of calculus, soft deposits, plaque, and stains above the gum 24
line; and 25
2. Smoothing, filing, and polishing of tooth surfaces; and 26
(e) Dental radiography; 27 UNOFFICIAL COPY 25 RS BR 426
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(36)[(34)] "Examination" means a qualifying examination approved by the board as a 1
condition for certification, licensure, permit, or registration; 2
(37)[(35)] "Expired" is a licensure status whereby the credential holder failed to renew 3
the credential in a timely manner in accordance with the deadline set by the board; 4
(38)[(36)] "Extralabel use" means actual use or intended use of a drug in an animal in a 5
manner that is not in accordance with the approved labeling and includes but is not 6
limited to: 7
(a) Use in species or production class not listed in the labeling; 8
(b) Use for indications such as disease or other conditions not listed in the 9
labeling; 10
(c) Use at dosage levels, frequencies, or routes of administration other than those 11
stated in the labeling; and 12
(d) Deviation from the labeled withdrawal time based on these different uses; 13
(39)[(37)] "Felony" means a criminal act as defined by any jurisdiction or by definition 14
under federal law; 15
(40)[(38)] "Fixed facility" means a permanent location that is generally not moveable; 16
(41)[(39)] "Grievance" or "complaint" means any allegation of misconduct that may 17
constitute a violation of this chapter or any administrative regulation promulgated 18
under the authority of this chapter; 19
(42)[(40)] "Impaired" means that a credential holder, designated on-site manager, 20
veterinarian manager, AAHP manager, or registered responsible party may 21
reasonably be unable to perform that person's duties with competence, skill, and 22
safety because of a physical or mental disability or incapacity, including 23
deterioration of mental capacity, loss of motor skills, or substance use or disorder of 24
sufficient degree which may reasonably diminish the person's ability to deliver 25
competent patient care; 26
(43)[(41)] "In-person" means physically in the same physical space; 27 UNOFFICIAL COPY 25 RS BR 426
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(44)[(42)] "Informed consent" or "consent" means the veterinarian or allied animal 1
health professional licensee[permittee] has informed the client or the client's 2
authorized representative in a manner understood by the client or the client's 3
authorized representative of the diagnostic and treatment options, potential 4
outcomes, risk assessment, prognosis, and options and the client has consented to or 5
knowingly declined the recommended services or treatment; 6
(45)[(43)] "Jurisdiction" means: 7
(a) Any Commonwealth, state, or territory of the United States of America, 8
including the District of Columbia; 9
(b) Any province of Canada; or 10
(c) A regulatory organization, including an international body; 11
that issues licenses, registrations, permits, or certificates related to the professional 12
fields of veterinary medicine; 13
(46)[(44)] "Licensee" means a person licensed by the board under this chapter; 14
(47)[(45)] "Livestock" means bovines, equines, sheep, goats, swine, poultry, captured or 15
cultivated aquatic species, farm-raised cervidae and camelidae, bees, and any other 16
species used in the production of fiber, meat, eggs, honey, milk, and other animal 17
food products; 18
(48)[(46)] "Mobile facility" or "mobile unit" means a motor vehicle that is utilized 19
pursuant to KRS 321.205; 20
(49)[(47)] "Patient" means any animal or group of animals receiving care from a 21
veterinarian, veterinary technician, veterinary assistant, animal euthanasia 22
specialist,[ or] allied animal health professional, veterinary student, veterinary 23
technician student, or veterinary practice staff; 24
(50)[(48)] "Permittee" means a person permitted by the board under this chapter; 25
(51)[(49)] "Person" means any individual, firm, partnership, association, joint venture, 26
cooperative, corporation, governmental body, or any other group, legal entity, or 27 UNOFFICIAL COPY 25 RS BR 426
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combination acting in concert, and whether or not acting as a principal, trustee, 1
fiduciary, receiver, or as any kind of legal or personal representative, or as the 2
successor in interest, assignee, agent, factor, servant, employee, director, officer, or 3
any other representative of the person; 4
(52)[(50)] "Practice of veterinary medicine" means any person who practices veterinary 5
medicine when performing any one (1) or more of the following on an animal: 6
(a) Directly or indirectly diagnoses, prognoses, corrects, changes, relieves, 7
prevents, supervises, recommends, or performs medical or surgical treatment, 8
including complementary and alternative veterinary medicine therapies, 9
obstetrics, dentistry, oral surgery, acupuncture, laser therapy, manipulation, 10
and all other branches or specialties of veterinary medicine, for the diagnosis, 11
prevention, cure, or relief of a wound, defect, deformity, fracture, bodily 12
injury, disease, or dental, physical, behavioral, or mental condition; 13
(b) Prescribes, dispenses, or administers any drug, medicine, anesthetic, biologic, 14
appliance, apparatus, application, treatment, or other therapeutic or diagnostic 15
substance or technique for veterinary purposes, or performs euthanasia, in 16
accordance with the applicable federal statutes and regulations governing 17
controlled prescription drugs, legend drugs, and veterinary drugs; 18
(c) Performs any manual procedure for the diagnosis, treatment, or both of 19
pregnancy, sterility, or infertility, including embryo transfer; 20
(d) Represents oneself, directly or indirectly, as engaging in the practice of 21
veterinary medicine; or 22
(e) Uses any words, letters, or titles as to induce the belief that the individual 23
using them is authorized to practice veterinary medicine under this chapter 24
with such use being prima facie evidence of the intention to represent oneself 25
as engaged in the practice of veterinary medicine; 26
(53)[(51)] "Practice of veterinary technology" means: 27 UNOFFICIAL COPY 25 RS BR 426
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(a) The practices of veterinary technology when performing patient care, 1
professional medical care, monitoring, treatment, or other services on an 2
animal that require a technical understanding of veterinary medicine on the 3
basis of written or oral instruction of a veterinarian, or under supervision of a 4
veterinarian; and 5
(b) 1. Representation of oneself, directly or indirectly, as a licensed veterinary 6
technician or "LVT"; or 7
2. Use of any words, letters, or titles under circumstances that would 8
induce the belief that the individual using them is authorized to practice 9
as a veterinary technician under this chapter, with such use being prima 10
facie evidence of the intention to represent oneself as engaged in 11
practice as a veterinary technician; 12
(54)[(52)] "Premises" means any place where an animal is located when veterinary 13
medicine is being practiced; 14
(55)[(53)] "Prescription" means an order for a drug or medicine, combination or mixture 15
of drugs or medicines, or proprietary preparation that is signed, given, or authorized 16
and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of 17
disease in a patient; 18
(56)[(54)] "Registrant" means a person or premises registered with the board under this 19
chapter; 20
(57)[(55)] "Registered allied animal health professional facility" or "registered AAHP 21
facility" means an AAHP facility that is registered with the board; 22
(58)[(56)] "Registered facility" means any AAHP facility or any veterinary facility that 23
is registered with the board; 24
(59)[(57)] "Registered responsible party" means at least one (1) person documented as 25
the[who]: 26
(a) Entity that[Does not otherwise hold a credential with the board who] is 27 UNOFFICIAL COPY 25 RS BR 426
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designated as the registered responsible party on a facility registration and is 1
responsible for its operation and management in conjunction with the 2
veterinarian manager or allied animal health professional manager; and 3
(b) Entity that is held accountable to the board as a credential holder for any 4
violation of this chapter and its associated administrative regulations. At a 5
minimum, the registered party shall include all persons, owners, and corporate 6
owners of the registered veterinary facility or allied animal health professional 7
facility; 8
(60)[(58)] "Registered veterinary facility" means a veterinary facility that is registered 9
with the board; 10
(61)[(59)] "Supervision" pertains to any of the following: 11
(a) "Supervising veterinarian" means a veterinarian who assumes responsibility 12
for the veterinary care given to a patient by an individual working under the 13
veterinarian's direction and has examined the patient pursuant to currently 14
acceptable standards of care; 15
(b) "Immediate supervision" means the supervising veterinarian is physically in 16
the immediate area and within audible and visual range of the patient and the 17
individual treating the patient; 18
(c) "Direct supervision" means the supervising veterinarian is readily available on 19
the premises where the patient is being treated; and 20
(d) "Indirect supervision" means the supervising veterinarian need not be on the 21
premises but has given either written or oral instructions for the treatment of 22
the patient and is readily available for communication; 23
(62)[(60)] "Teleadvice" means the provision of any health information, opinion, 24
guidance, or recommendation concerning prudent future actions that are not 25
specific to a particular patient's health, illness, or injury; 26
(63)[(61)] "Teleconsulting" means telehealth in which a veterinarian, veterinary 27 UNOFFICIAL COPY 25 RS BR 426
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technician, AAHP, or other credential holder uses telehealth tools to communicate 1
with a specialist or another professional to gain insights and advice on the care of a 2
patient; 3
(64)[(62)] "Telehealth" means all uses of technology to remotely gather and deliver 4
health information, advice, education, and care; 5
(65)[(63)] "Telemedicine" or "connected care" means the integration of digital 6
technologies to enhance and support the VCPR and facilitate proactive and ongoing 7
care through improved communication, diagnosis, and monitoring; 8
(66)[(64)] "Telemonitoring," "mHealth," or "mobile health," means remote monitoring 9
of a patient who is not at the same location as the health care provider; 10
(67)[(65)] "Telesupervision" means the supervision of individuals using media such as 11
audio or audio/video conference, text messaging, and e-mail; 12
(68)[(66)] "Teletriage" means the safe, appropriate, and timely assessment and 13
management of an animal patient via electronic consultation with its owner, 14
regardless of whether there is an immediate referral to a veterinarian and where a 15
diagnosis is not rendered; 16
(69)[(67)] "Veterinarian" means an individual who is licensed to engage in the practice 17
of veterinary medicine under this chapter; 18
(70)[(68)] "Veterinarian manager" means at least one (1) Kentucky-licensed veterinarian 19
who registers to assume responsibility for the registration, management, and 20
operation of a registered veterinary facility; 21
(71)[(69)] "Veterinarian-client-patient relationship" or "VCPR" has the same meaning as 22
in KRS 321.185; 23
(72)[(70)] "Veterinary assistant" means a layperson without credentials[or noncredential 24
holder] who is employed by a veterinarian in accordance with KRS 321.443; 25
(73)[(71)] (a) "Veterinary facility" means any building, fixed facility, place, premises, 26
mobile facility, or mobile unit location from which the practice of veterinary 27 UNOFFICIAL COPY 25 RS BR 426
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medicine and practice of veterinary technology are conducted or performed, 1
including but not limited to a mobile clinic or facility, outpatient clinic, 2
veterinary hospital or clinic, emergency facility, specialty facility, referral 3
facility or center, temporary health clinic, or spay/neuter location. A 4
veterinary facility shall include all fixed buildings used for the practice of 5
veterinary medicine at a single physical premises location. 6
(b) "Veterinary facility" does not include: 7
1. The premises of a veterinary client unless a fixed veterinary facility is 8
located on the veterinary client's premises; 9
2. A research facility; 10
3. A federal military base; 11
4. Locations for temporary animal exhibition; 12
5. State or federal regulatory facilities; 13
6. Officially designated emergency and disaster response locations; 14
7. A facility with current accreditation by the Association of Zoos and 15
Aquariums; or 16
8. An American Veterinary Medical Association-accredited college of 17
veterinary medicine or veterinary technology; 18
(74)[(72)] "Veterinary specialist" means a veterinarian that has been awarded and 19
maintains certification from an American Veterinary Medical Association-20
recognized veterinary specialty organization, program, or college, and is registered 21
in this specialty with the board; 22
(75)[(73)] "Veterinary student" means: 23
(a) A person enrolled in an approved veterinary medical program while pursuing 24
a degree in veterinary medicine; or 25
(b) A person in a post-Doctor of Veterinary Medicine temporary private 26
internship, residency, or veterinary hospital-based program, not to exceed 27 UNOFFICIAL COPY 25 RS BR 426
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thirty (30) days in a calendar year; 1
(76)[(74)] "Veterinary technician" means a person who has completed an approved 2
veterinary technology program, is licensed in accordance with this chapter, and 3
meets the requirements in KRS 321.441; 4
(77)[(75)] "Veterinary wellness committee" means a committee appointed by the board 5
that is composed of individuals who have expertise in the areas of alcohol abuse, 6
chemical dependence, drug abuse, or physical or mental condition designated by the 7
board to perform activities related to the veterinary wellness program; and 8
(78)[(76)] "Veterinary wellness program" means the board-sponsored program for the 9
identification, intervention, and monitoring of credential holders or applicants who 10
may be impaired as a result of alcohol abuse, chemical dependence, drug abuse, or 11
any physical or mental condition. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) The board shall issue an allied animal health professional license to a person 15
who is qualified to be licensed under this section. A person is qualified to be 16
licensed as an AAHP if the person: 17
(a) Has completed an application for AAHP licensing approved by the board 18
through the promulgation of an administrative regulation; 19
(b) Has paid the application fee and the appropriate examination fee; 20
(c) Is a person of good moral character. As an element of good moral 21
character, the board shall require each applicant for licensure to submit a 22
full set of the applicant's fingerprints for the purpose of obtaining criminal 23
records checks, pursuant to KRS 321.189 and any other applicable law. All 24
good moral character information, including the information obtained 25
through the criminal background checks, shall be relevant to licensure 26
eligibility determinations to the extent permitted by law; 27 UNOFFICIAL COPY 25 RS BR 426
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(d) Has graduated and received a certification from an approved allied animal 1
health professional program; 2
(e) Has achieved a passing score on any examinations required by the board in 3
an administrative regulation; 4
(f) Has been approved for an AAHP license by the board; and 5
(g) Has complied with any other requirements of this chapter or the 6
administrative regulations promulgated by the board. 7
(2) An AAHP licensee may work on animals in one (1) of the following areas of the 8
practice of veterinary medicine so long as that practice is in accordance with and 9
within the limitations established by the board in an administrative regulation 10
promulgated in accordance with KRS Chapter 13A, including requirements for 11
candidate qualifications, examinations, and applications: 12
(a) Animal chiropractic; or 13
(b) Equine dentistry. 14
(3) An allied animal health professional seeking to work within the allowable scope 15
of practice on animals shall be required to apply for an AAHP license from the 16
board to practice on animals. 17
(a) If an applicant is approved for a license, the board shall designate the area 18
of practice specific to the AAHP licensee on the license. 19
(b) A separate AAHP license shall be required for each scope of practice as 20
listed in subsection (2) of this section. 21
(4) (a) The board may establish by administrative regulation terms for licensing 22
legacy candidates for qualification in each distinct area of practice allowable 23
under the AAHP license class. 24
(b) As part of the application for an AAHP license, legacy candidate applicants 25
shall: 26
1. Have been a Kentucky resident for at least twelve (12) months 27 UNOFFICIAL COPY 25 RS BR 426
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immediately preceding the date of application; 1
2. Provide a letter of recommendation from a minimum of two (2) 2
Kentucky licensed veterinarians; 3
3. Provide proof of employment or an Internal Revenue Service form 4
1099 showing self-employment in an area of practice as identified in 5
subsection (2) of this section for a minimum of ten (10) years prior to 6
the date of application for animal chiropractic, and a minimum of five 7
(5) years prior to the date of application for equine dentistry; 8
4. Provide details regarding the duration of experience and times during 9
which practice occurred, including average number of hours of 10
practice per year; and 11
5. Provide a letter of good standing from any other jurisdictions in which 12
the applicant is credentialed. 13
(c) The legacy candidate application window shall not exceed eighteen (18) 14
months from the effective date of the administrative regulation governing 15
applications for the AAHP license area of the practice. After the legacy 16
application window closes, individuals applying for a new AAHP license 17
shall be required to meet the current standards of KRS Chapter 321 and 18
administrative regulations promulgated by the board. 19
(5) AAHP licensees shall be required to register each premises or mobile unit from 20
which he or she practices on animals as a registered AAHP facility in accordance 21
with KRS 321.203, 321.205, and Section 10 of this Act. 22
(6) AAHP licensees and AAHP registered facilities shall: 23
(a) Maintain an active credential with the board to maintain authorization to 24
operate; 25
(b) Pay the application, renewal, reinstatement, and other required fees as 26
established by the board in an administrative regulation; 27 UNOFFICIAL COPY 25 RS BR 426
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(c) Renew the board credential on a schedule as established by the board in 1
administrative regulation; 2
(d) Comply with all applicable provisions of KRS Chapter 321, board 3
administrative regulations, and other state and federal laws; and 4
(e) Be subject to disciplinary measures for failure to comply. 5
(7) Controls shall be established by the board in an administrative regulation 6
promulgated in accordance with Chapter 13A regarding acquisition, distribution, 7
and administration of drugs by AAHP licensees and their clients for use by the 8
AAHPs in the services offered. 9
(8) (a) 1. Only a board licensed allied animal health professional who is also 10
licensed as a chiropractor with the Kentucky Board of Chiropractic 11
Examiners or is licensed as a legacy candidate with the board and is 12
qualified in the state of Kentucky to perform animal chiropractic 13
within the limits established by the board in an administrative 14
regulation may use the titles "animal chiropractor," "animal 15
chiropractic practitioner," "ACP," or "AC." 16
2. No chiropractor shall use the titles "veterinary chiropractor" or 17
"veterinary adjuster" unless the chiropractor is also licensed to 18
practice veterinary medicine in the state of Kentucky. 19
3. Nothing in this chapter shall prohibit a licensed veterinarian from 20
using the titles "animal adjuster" or "animal spinal manipulation 21
practitioner." 22
(b) 1. Only a duly licensed allied animal health professional who is a board 23
licensed equine dental provider and is qualified in the state of 24
Kentucky to perform equine dentistry within the limits established in 25
Section 4 of this Act may use the titles "equine dental provider," 26
"equine dental practitioner," "certified equine dental provider," 27 UNOFFICIAL COPY 25 RS BR 426
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"CEPD," or "EDP." 1
2. No equine dental provider shall use the titles "equine dentist," 2
"veterinary dentistry," or "veterinary dentist" unless the equine 3
dental provider is also licensed to practice veterinary medicine in the 4
state of Kentucky. 5
3. Nothing in this chapter shall prohibit a licensed veterinarian from 6
using the titles "animal dentist" or "equine dentist." 7
(9) An AAHP licensee shall be held to the same standard of care as a veterinarian 8
when the provider practices on animals. 9
SECTION 3. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 10
READ: 11
(1) Each person licensed as an AAHP licensee shall submit a completed renewal 12
application and pay to the board a renewal fee for the renewal of the license. 13
(2) A sixty (60) day grace period shall be allowed after the renewal deadline during 14
which individuals may renew their licenses upon submission of a completed 15
renewal application and payment of the renewal fee plus a late renewal fee. All 16
licenses not renewed by the grace period deadline shall expire based on the 17
failure of the individual to renew in a timely manner. Upon expiration, the 18
licensee is no longer eligible to practice as an allied animal health professional in 19
the Commonwealth. 20
(3) After the sixty (60) day grace period, individuals with an expired license may have 21
their licenses reinstated upon submission of a completed reinstatement 22
application and payment of the renewal fee, the renewal late fee, and the 23
reinstatement fee. A person who applies for reinstatement after expiration of the 24
person's AAHP license shall not be required to submit to an examination as a 25
condition for reinstatement, if the reinstatement application is made within five 26
(5) years from the date of expiration. 27 UNOFFICIAL COPY 25 RS BR 426
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(4) A suspended AAHP license is subject to expiration and termination and shall be 1
renewed as provided in this chapter. Renewal or reinstatement shall not entitle 2
the licensee to engage in practice as an allied animal health professional until the 3
suspension has ended or is otherwise removed by the board and the right to 4
practice is restored by the board. 5
(5) A revoked license is subject to expiration or termination but may not be renewed. 6
If the license is reinstated, the licensee shall pay the reinstatement fee. 7
(6) A person who fails to reinstate his or her AAHP license within five (5) years after 8
its expiration or termination shall not have it renewed, restored, reissued, or 9
reinstated and the person may apply for and obtain a new license by meeting the 10
requirements of this chapter. 11
(7) The board may require that a person applying for renewal or reinstatement of a 12
license provide evidence of completion of continuing education as promulgated 13
by the board in an administrative regulation. 14
(8) The board may grant retired or inactive license status and may establish 15
conditions under which retired or inactive licenses may be renewed and 16
reinstated as set forth by the board in an administrative regulation. 17
(9) Fees set by the board shall be designed to fully cover the cost to operate the 18
licensee program but shall not exceed it. 19
SECTION 4. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) The services provided by allied animal health professional licensees are 22
considered the practice of veterinary medicine that an AAHP licensee may 23
provide to the public through authorization by the General Assembly and within 24
strict limitations on the scope of practice for each allowable license type as 25
established in subsection (2) of Section 2 of this Act. 26
(2) For a licensed AAHP-equine dental provider, the scope of practice is limited to 27 UNOFFICIAL COPY 25 RS BR 426
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the following: 1
(a) A licensed AAHP-equine dental provider may not perform equine dentistry 2
unless the provider holds an AAHP license as an equine dental provider 3
from the board; 4
(b) A licensed AAHP-equine dental provider shall work under the indirect 5
supervision of a veterinarian; 6
(c) A licensed AAHP-equine dental provider may perform only the following 7
equine dental procedures in equine species: 8
1. Removing sharp enamel dental points; 9
2. Removing small dental overgrowths; 10
3. Rostral profiling of the first cheek teeth; 11
4. Reducing incisors; 12
5. Extracting loose, deciduous teeth; 13
6. Removing supragingival calculus; 14
7. Extracting loose, mobile, or diseased teeth or dental fragments with 15
minimal periodontal attachments by hand and without the use of an 16
elevator; and 17
8. Removing erupted, nondisplaced wolf teeth; 18
(d) Paragraph (b) of this subsection shall not be construed to prohibit a 19
licensed veterinary technician employed by a veterinarian who is not a 20
licensed AAHP-equine dental provider from performing the equine dental 21
procedures described in paragraph (c) of this subsection if the licensed 22
veterinary technician is under the direct supervision of a veterinarian; 23
(e) A copy of the dental chart of an equine animal shall be left with the person 24
who authorizes an equine dental procedure and be made available to the 25
veterinarian holding the VCPR with the client within an appropriate 26
timeframe according to the condition, but no more than three (3) business 27 UNOFFICIAL COPY 25 RS BR 426
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days after services are provided; and 1
(f) Dispensing, administering, or prescribing any medication or drug associated 2
with any equine dental procedure remains solely the domain of the 3
veterinarian holding a valid VCPR with the client. 4
SECTION 5. A NEW SECTION OF KRS CHAPTER 321 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) The AAHP advisory committee is hereby created as an informal advisory 7
committee to the board. 8
(2) The AAHP advisory committee shall advise and assist the board in adopting rules 9
and administrative regulations relating to AAHP licensees. 10
(3) The board shall consult the advisory committee regarding matters relating to a 11
disciplinary action that involves an AAHP license holder. 12
(4) (a) The AAHP advisory committee shall be composed of members appointed by 13
the chair of the board with approval from a majority of a quorum of the 14
board. 15
(b) The AAHP advisory committee shall include subcommittees specific to each 16
area of practice for the distinct types of AAHP licenses as identified in 17
subsection (2) of Section 2 of this Act. 18
(c) Each subcommittee shall be composed of the following: 19
1. Two (2) members who are AAHP licensees with a license in active 20
status specializing in each of the specific areas of practice as identified 21
in subsection (2) of Section 2 of this Act, have resided in and engaged 22
in the AAHP practice in the Commonwealth for the five (5) years 23
immediately preceding the date of appointment, and are of good moral 24
character; 25
2. One (1) veterinarian member who holds an active veterinarian license 26
in the Commonwealth in good standing and who engages with at least 27 UNOFFICIAL COPY 25 RS BR 426
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one (1) AAHP licensee providing services in each specific area of 1
practice as identified in subsection (2) of Section 2 of this Act; and 2
3. The AAHP licensees and veterinarian appointees shall be unique 3
individuals for each area of practice as identified in subsection (2) of 4
Section 2 of this Act and shall not hold more than one seat on the 5
AAHP advisory committee. 6
(d) Notwithstanding subsection (4)(c)1. of this section, advisory committee 7
members appointed under subsection (4)(c)1. of this section shall not be 8
required to hold an AAHP license issued under this chapter until the 9
closure of the legacy application window period for the AAHP license type 10
as established in subsection (4) of Section 2 of this Act. 11
(e) Appointments to the advisory committee shall be made without regard to the 12
race, color, disability, sex, gender identity, sexual orientation, religion, age, 13
or national origin of the appointees. 14
(5) (a) Members of the AAHP advisory committee shall be appointed for staggered 15
five-year terms. 16
(b) The terms of the members shall expire no more than five (5) years from the 17
date of appointment. 18
(c) If a vacancy occurs during a member’s term, the chair of the board shall 19
appoint a new member to fill the unexpired term. 20
(d) An advisory committee member may not serve more than two (2) 21
consecutive full terms. 22
(6) (a) It shall be a ground for removal from the AAHP advisory committee if a 23
member: 24
1. Does not have at the time of appointment the qualifications required 25
by subsection (4) of this section and by Section 2 of this Act; 26
2. Does not maintain during service on the advisory committee the 27 UNOFFICIAL COPY 25 RS BR 426
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qualifications required by Section 2 of this Act; and 1
3. Cannot discharge the member’s duties for a substantial part of the 2
member’s term due to illness or disability. 3
(b) The validity of an action of the AAHP advisory committee is not affected by 4
the fact that the action is taken when a ground for removal of an advisory 5
committee member exists. 6
(7) (a) The chair of the board shall designate biennially an AAHP advisory 7
committee member as the chair of the advisory committee to serve in that 8
capacity at the will of the chair of the board. 9
(b) The AAHP advisory committee or subcommittees shall meet at least one (1) 10
time per year, or upon request by the board chair or board executive 11
director. 12
(c) A meeting of the AAHP advisory committee may be held by telephone, 13
conference call, or video conferencing. 14
(d) 1. Minutes shall be recorded for each meeting of the AAHP advisory 15
committee. 16
2. A copy of the minutes shall be provided to the full board. 17
(e) The AAHP advisory committee may submit written reports or 18
recommendations to the board for review. 19
(8) An AAHP advisory committee member shall not be entitled to reimbursement for 20
travel expenses or any other form of compensation from the board other than 21
mileage reimbursement at the current state reimbursement rate as established by 22
the Finance and Administration Cabinet when a meeting of the AAHP advisory 23
committee or a subcommittee is held in person. 24
Section 6. KRS 321.187 is amended to read as follows: 25
(1) Each veterinarian or AAHP who provides medical services to animals shall 26
maintain accurate electronic or legibly written medical records that include the 27 UNOFFICIAL COPY 25 RS BR 426
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identity of the credential holder or authorized representative who makes the entry. 1
(2) The information in the medical records are the property of the client, and the client 2
has a right to a copy of those records. The practice where the records were prepared 3
shall be the official records custodian. Original patient records shall be retained by 4
the practice, the veterinary facility or AAHP facility where they were prepared, or 5
the veterinarian or AAHP licensee[veterinarian, or AAHP] who prepared them and 6
be readily retrievable for a period of five (5) years following the last patient 7
encounter.[ Records shall not be stored by a third party without a record of signed, 8
informed consent by the client.] Records stored by a third party shall not relieve the 9
veterinarian or AAHP from the responsibility of supplying records to the client 10
upon request. 11
(3) (a) The veterinarian or AAHP may require that a request for medical records be 12
in writing and may charge a reasonable fee for copying or the staff time in 13
preparing the requested medical records, unless there is a board investigation, 14
in which case no charges shall be authorized. 15
(b) Copies of the medical records shall be provided to the client, designated 16
veterinarian, AAHP licensee[permittee], or authorized representative within 17
seven (7) calendar days after receipt of a proper request or sooner in 18
accordance with the patient's medical condition. 19
(c) Failure to provide the medical records in a timely fashion upon proper request 20
shall be considered unprofessional conduct. 21
(4) All records required by law to be kept by a veterinarian or AAHP shall be open to 22
inspection by the board or its authorized representatives, and a copy shall be 23
provided immediately upon request. 24
(5) All records shall comply with the requirements set forth by the board in 25
administrative regulations. 26
(6) An animal patient's medical record and medical condition is confidential and may 27 UNOFFICIAL COPY 25 RS BR 426
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not be furnished to or discussed with any person other than the client or other 1
veterinarians, veterinary technicians, veterinary assistants, veterinary practice staff, 2
veterinary students, AAHP licensees[permittees], or consultants involved in the 3
care or treatment of the patient, except upon authorization of the client or under the 4
following circumstances: 5
(a) Access to the records is specifically required by law, or as described in KRS 6
321.185 and 321.188; 7
(b) In response to a court order or subpoena with notice given to the client or the 8
client's legal representative; 9
(c) For statistical and scientific research, if the information is abstracted in a way 10
as to protect the identity of the patient and client; 11
(d) As part of an inspection or investigation conducted by the board or an agent of 12
the board; 13
(e) To verify the rabies vaccination status of an animal to local law enforcement, 14
or to state or local health departments; 15
(f) In the course of a consultation; and 16
(g) As required by other state or federal law. 17
(7) A veterinarian or AAHP 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 correction, 21
reason for correction, date, and author's name. 22
Section 7. KRS 321.200 is amended to read as follows: 23
(1) No provision of this chapter shall be construed to prohibit any of the following: 24
(a) Any persons from gratuitously treating animals in cases of emergency care, 25
provided they do not use the word "veterinarian," "veterinary," "veterinary 26
technician," "veterinary nurse," or any title, words, abbreviation, or letters in a 27 UNOFFICIAL COPY 25 RS BR 426
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manner or under circumstances which may induce the belief that the person 1
using them is qualified to engage in the practice of veterinary medicine or the 2
practice of veterinary technology as described in KRS 321.181; 3
(b) 1. The owner of any animal or animals, the owner's full-time, or part-time, 4
regular employees, or the owner's agent from caring for and treating 5
animals maintained in their custody, including but not limited to 6
euthanasia of livestock or administering drugs that are obtained and used 7
in accordance with applicable state and federal statutes and regulations 8
to, any animals belonging to the owner. With the exception of paragraph 9
(c) of this subsection and other limiting statutes, treatment shall not 10
include surgery. 11
2. Transfer of ownership, a temporary contract, or a temporary change in a 12
person's employment status shall not be used for the purpose of 13
circumventing this provision. 14
3. This provision shall not exempt an employee who would otherwise 15
qualify for a board credential from the credentialing requirements of this 16
chapter based on the employment status; 17
(c) Any person from castrating and dehorning food animals, as long as any drugs 18
or medications are obtained and used in accordance with applicable state and 19
federal statutes and regulations governing controlled substances, legend drugs, 20
and veterinary drugs; 21
(d) Any veterinary student as defined in KRS 321.181 from working under the 22
direct supervision of a veterinarian who is licensed under this chapter; 23
(e) Unlicensed graduate veterinarians in the United States Armed Services or 24
employees of the United States Department of Agriculture, Animal and Plant 25
Health Inspection Service, from engaging in the performance of their official 26
duties; 27 UNOFFICIAL COPY 25 RS BR 426
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(f) Other lawfully qualified veterinarians who reside in and are licensed in other 1
jurisdictions from discussing or meeting, either in person or via telehealth, 2
with licensed veterinarians of this Commonwealth in consultation about a 3
patient so long as the Kentucky-licensed veterinarian has established and 4
maintains a current VCPR with the patient; 5
(g) A trainer, sales agent, or herdsman from caring for animals, upon instruction 6
from a Kentucky-licensed veterinarian, provided there is a current VCPR as 7
defined in KRS 321.185; 8
(h) A university faculty member or unlicensed veterinarian employee from 9
teaching veterinary science or related courses, providing services offered by 10
the university's veterinary diagnostic laboratory, or from engaging in 11
veterinary research through or on behalf of the university where the person is 12
employed, including drug and drug testing research, provided that research is 13
conducted in accordance with applicable state and federal statutes and 14
regulations governing controlled substances, prescription drugs, veterinary 15
drugs, and legend drugs. This provision shall not exempt the university 16
faculty member or unlicensed veterinarian employee from the requirements of 17
licensure if the person engages in the practice of veterinary medicine outside 18
the authority of the university or the scope of employment with the university 19
or engages in the private practice of veterinary medicine for compensation; 20
(i) Any person who holds a postgraduate degree in reproductive physiology or a 21
related field, and who has performed embryo transfers in Kentucky during the 22
five (5) years immediately preceding July 14, 1992, from performing embryo 23
transfers on animals; 24
(j) Volunteer health practitioners providing services under KRS 39A.350 to 25
39A.366; 26
(k) A retailer or its agent from providing information and suggestions regarding 27 UNOFFICIAL COPY 25 RS BR 426
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the over-the-counter products it sells to treat animals so long as the 1
information and suggestions are consistent with the product label and species 2
appropriate; 3
(l) A Kentucky-licensed veterinarian from inspecting an animal, or an animal's 4
radiographs or other medical records, on behalf of a potential buyer or 5
potential seller, without regard to the existence of a VCPR; 6
(m) Any persons from implanting a microchip in an animal for the purposes of 7
identification or the establishment of ownership; 8
(n) A veterinarian who is licensed in another jurisdiction of the United States or 9
Canada, is in good standing in that jurisdiction, meets all criteria for licensure 10
in Kentucky, and who has an active application on file with the board pending 11
for less than ninety (90) days, from working as a veterinarian in Kentucky 12
under the supervision of a Kentucky-licensed veterinarian while the board 13
application for licensure is being processed, so long as the place of 14
employment, start date, contact information where the applicant works, and a 15
supervising veterinarian are disclosed in the application; 16
(o) Allied animal health professional licensees[permittees] who are working 17
within the scope of the license[permit]; 18
(p) Certified animal euthanasia specialists who are working within the scope of 19
their certificate; or 20
(q) Volunteer health practitioners consulting with and assisting a licensed 21
veterinarian at a facility accredited by the Association of Zoos and Aquariums 22
from assisting in the care of and procedures on the zoo animals at the facility 23
while under the supervision of the veterinarian. 24
(2) (a) An unlicensed veterinarian who does not qualify for licensure in Kentucky 25
and who is a nonresident of the United States may be employed in this 26
Commonwealth to engage in the practice of veterinary medicine for not more 27 UNOFFICIAL COPY 25 RS BR 426
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than thirty (30) days in a calendar year, provided the person: 1
1. Holds a valid, current license as a veterinarian in the person's home 2
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; 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 or other credential under this 13
chapter. 14
(3) Nothing in this chapter shall interfere with the professional activities of any 15
licensed pharmacist. 16
Section 8. KRS 321.207 is amended to read as follows: 17
(1) (a) The Kentucky Board of Veterinary Examiners, upon submission of a 18
complete application and payment of a fee established by the board, shall 19
issue to any animal control agency[shelter] that it determines to be qualified, 20
an authorization to apply to the United States Drug Enforcement 21
Administration (DEA) for a controlled substance registration for the purchase, 22
possession, storage, and administration of the specific drugs approved by the 23
board to euthanize or sedate animals for euthanasia for animals owned by the 24
certified animal control agency, or in the case of emergency care related to 25
injured, sick, or abandoned animals. 26
(b) A certified animal control agency that successfully obtains a DEA controlled 27 UNOFFICIAL COPY 25 RS BR 426
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substance registration shall comply with all state and federal laws related to 1
the ordering, purchase, storage, tracking, management, and disposal of the 2
drugs obtained under the controlled substance registration. 3
(c) A certified animal control agency shall comply with certification renewal 4
requirements as set forth in KRS 321.208 or the certificate shall expire. 5
(2) A certified animal control agency shall comply with administrative regulations 6
promulgated by the board which contain standards for proper storage and handling 7
of the drugs the board has approved for this use, and any other provisions as may be 8
necessary to ensure that the drugs are used safely and solely for the purpose set 9
forth in this section. 10
(3) (a) A certified animal control agency shall submit to periodic inspections by the 11
board or its authorized representatives to ensure compliance with DEA 12
controlled substance registration and board requirements. 13
(b) An applicant for certification as a certified animal control agency shall submit 14
to an inspection by the board or its authorized representatives prior to 15
certification by the board to ensure adequate security for controlled substances 16
storage. 17
(c) A previously certified animal control agency with an expired certificate shall 18
submit to inspections by the board or its authorized representatives to ensure 19
proper log updates, removal, and disposal of all drugs obtained under the 20
DEA controlled substance registration. 21
(4) Upon submission of a complete application, payment of a fee established by the 22
board, and successful completion of a board-approved animal euthanasia specialist 23
training course by the applicant, the Kentucky Board of Veterinary Examiners shall 24
issue to a person whom it determines to be qualified, a certificate for the person to 25
function as a certified animal euthanasia specialist, subject to the following 26
restrictions: 27 UNOFFICIAL COPY 25 RS BR 426
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(a) A certified animal euthanasia specialist shall comply with certification 1
renewal requirements as set forth in KRS 321.208 or the certificate shall 2
expire; 3
(b) A certified animal euthanasia specialist shall maintain an employment 4
relationship with a certified animal control agency to be qualified to practice 5
animal euthanasia; 6
(c) A certified animal euthanasia specialist is authorized to perform euthanasia 7
only on the premises of the certified animal control agency, except in case of 8
emergency care; 9
(d) A certified animal euthanasia specialist shall euthanize only animals that are 10
owned by the certified animal control agency or in cases of emergency care. 11
Transfer of ownership or a temporary contract shall not be used for the 12
purpose of circumventing this subsection; 13
(e) A certified animal euthanasia specialist shall not perform euthanasia at a 14
private residence; and 15
(f) A certified animal euthanasia specialist shall not perform euthanasia for 16
compensation, except for compensation from the certified animal euthanasia 17
specialist's employment relationship with a certified animal control agency. 18
(5) Euthanasia of animals in a certified animal control agency shall only be performed 19
by: 20
(a) A licensed veterinarian; 21
(b) A licensed veterinary technician functioning under the supervision of a 22
licensed veterinarian; or 23
(c) A certified animal euthanasia specialist as provided for in subsection (4) of 24
this section. 25
(6) A certified animal control agency that employs a certified animal euthanasia 26
specialist may purchase, possess, and administer the specific drugs approved by the 27 UNOFFICIAL COPY 25 RS BR 426
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board in an administrative regulation for the euthanasia or sedation of animals for 1
euthanasia. The specific drugs approved by the board shall be the only drugs used 2
by certified animal euthanasia specialists for the euthanasia of animals or sedation 3
of animals for euthanasia in a certified animal control agency. 4
(7) Certified animal control agencies and certified animal euthanasia specialists shall be 5
required to renew their certificates at intervals, upon conditions, and upon the 6
payment of fees established by the board through the promulgation of 7
administrative regulations. 8
(8) (a) A veterinarian who is contracted or otherwise employed by an animal shelter 9
shall not store drugs obtained under the veterinarian's DEA controlled 10
substance registration in the same locked storage unit where the drugs 11
obtained under another DEA controlled substance registration are stored. 12
(b) Separate and secure storage arrangements, drug logs, drug order forms, and 13
secure, limited access shall be required for each separate DEA controlled 14
substance registration. 15
(c) A veterinarian shall not store drugs ordered under the veterinarian's DEA 16
controlled substance registration at an animal shelter unless the DEA 17
controlled substance registration under which the drugs are ordered lists the 18
animal shelter address as the registrant address. 19
Section 9. KRS 321.230 is amended to read as follows: 20
There hereby is created a board to be known as the Kentucky Board of Veterinary 21
Examiners. 22
(1) The board shall consist of eleven (11) members: 23
(a) Ten (10) members shall be appointed by the Governor as follows: 24
1. Seven (7) members shall be citizens of the Commonwealth and shall be 25
veterinarians, each lawfully engaged in the practice of veterinary 26
medicine in this Commonwealth for at least two (2) years immediately 27 UNOFFICIAL COPY 25 RS BR 426
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preceding the date of the member's appointment; 1
2. One (1) member shall be a citizen of the Commonwealth and shall be a 2
citizen at large who is not associated with or financially interested in the 3
practices or businesses regulated; 4
3. One (1) member shall be a citizen of the Commonwealth and a licensed 5
veterinary technician who has been employed in the veterinary field in 6
the Commonwealth for at least two (2) years immediately preceding the 7
date of the member's appointment; and 8
4. One (1) member shall be an allied animal health professional 9
licensee[permittee] who has been working on animals in the 10
Commonwealth for at least two (2) years immediately preceding the 11
date of the member's appointment; and 12
(b) One (1) member shall be the Commissioner of Agriculture or designee. 13
(2) The Governor's appointments to the board shall maintain a composition that 14
includes diverse representation from each of the following areas: 15
(a) Species of animals served, including food animals, equines, and small 16
animals; and 17
(b) All regional areas of the Commonwealth, including eastern Kentucky, western 18
Kentucky, central Kentucky, and northern Kentucky. 19
(3) All appointed members shall be appointed for a term of four (4) years and shall 20
serve until the member is reappointed or a qualified successor is appointed. The 21
terms shall be evenly staggered, so that no more than three (3) members are 22
appointed to full terms in any given calendar year. 23
(4) Any vacancy in the appointed membership of the board shall be filled for the 24
unexpired term by appointment by the Governor. 25
(5) Each member of the board shall receive one hundred dollars ($100) per day for each 26
day or substantial part of a day of service actually given in carrying out the 27 UNOFFICIAL COPY 25 RS BR 426
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member's duties under this chapter, in addition to the member's necessary traveling, 1
hotel, and contingent expenses incurred in attending the meetings of the board and 2
in the performance of the member's duties. 3
(6) A board member may be removed by the Governor, or removed by a three-fourths 4
(3/4) majority vote of the board upon one (1) or more of the following grounds: 5
(a) A poor attendance record, neglect of duty, or malfeasance in office; 6
(b) The refusal or inability for any reason of a board member to perform the 7
duties as a member of the board in an efficient, responsible, and professional 8
manner; 9
(c) The misuse of office by a member of the board to obtain financial or material 10
gain or advantage personally or for another through the office; 11
(d) A final adjudication by a recognized body, including the courts, that the board 12
member is in violation of the laws governing the practice of veterinary 13
medicine, the practice of veterinary technology, or other board credentialed 14
profession; or 15
(e) Other just and reasonable causes as determined solely by the board pursuant 16
to applicable law. In these cases, removal of a member of the board shall be in 17
accordance with KRS Chapters 13A and 13B and other applicable laws. 18
Section 10. KRS 321.236 is amended to read as follows: 19
(1) The board may promulgate administrative regulations in accordance with KRS 20
Chapter 13A defining: 21
(a) Application, renewal, and reinstatement requirements and fees for veterinary 22
facilities and AAHP facilities; 23
(b) Responsibilities and limitations for registered responsible parties, veterinarian 24
managers, and AAHP managers. This shall include an administrative 25
regulation governing interference or control by unlicensed persons in the 26
practice of veterinary medicine or veterinary technology, or by persons who 27 UNOFFICIAL COPY 25 RS BR 426
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do not hold a board credential. Both registered responsible parties and 1
veterinarian managers shall be responsible for a registered veterinary facility's 2
operation and management, and both registered responsible parties and AAHP 3
managers shall be responsible for a registered AAHP facility. Both parties 4
associated with a registered facility shall be held accountable to the board as a 5
credential holder for any violation of this chapter; and 6
(c) Minimum standards for veterinary facilities, mobile facilities, and AAHP 7
facilities, including requirements for application, inspection, sanitation, and 8
other factors. 9
(2) (a) All existing veterinary facilities and AAHP facilities, both fixed and mobile, 10
shall be registered with the board not later than June 30, 2025. 11
(b) The board shall charge a minimum fee of two hundred dollars ($200) per 12
initial registration. 13
(c) For initial registrations filed with the board by June 30, 2025, the initial 14
registration fee shall be reduced by half to one hundred dollars ($100). 15
(d) After initial registration, the board shall not charge more for a facility 16
registration renewal fee than the cost to run the registration program. 17
(3) (a) After June 30, 2025, all new facilities shall submit a completed application for 18
registration to the board, including fees as promulgated by the board in 19
administrative regulation. 20
(b) A new veterinary facility or AAHP facility shall not begin operation in the 21
Commonwealth until the completed application and fee have been accepted 22
by the board and notification in writing has been sent to the applicant. 23
(c) After the registration deadline in 2025, each new registered facility may be 24
inspected by the board to verify that the facility is an operational veterinary 25
facility or AAHP facility within the first one hundred twenty (120) days of 26
operation. 27 UNOFFICIAL COPY 25 RS BR 426
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(4) A mobile facility that is affiliated with a registered veterinary facility or AAHP 1
facility shall be exempted from the requirement to register independently if a 2
currently registered fixed facility identifies that unit as its affiliate. The board may 3
charge additional registration fees to a registered veterinary facility or AAHP 4
facility based upon the number of registered mobile units associated with a single 5
facility registration through the promulgation of an administrative regulation in 6
accordance with KRS Chapter 13A. 7
(5) Each application to register a veterinary facility or an AAHP facility shall meet the 8
minimum requirements established by this chapter and the board in an 9
administrative regulation promulgated in accordance with KRS Chapter 13A and 10
identify the following persons responsible for its operation and management: 11
(a) The registered responsible party; 12
(b) The veterinarian manager, if a veterinary facility; or 13
(c) The AAHP manager, if an AAHP facility. 14
(6) (a) The veterinarian manager shall include at least one (1) Kentucky-licensed 15
veterinarian with an active license in good standing with the board. 16
(b) The AAHP manager shall include at least one (1) Kentucky -17
licensed[permitted] AAHP with an active license[permit] in good standing 18
with the board. 19
(7) (a) The veterinarian manager and the registered responsible party are responsible 20
for notifying the board of any change in the veterinarian manager's or 21
registered responsible party's association with the veterinary facility. 22
(b) The AAHP manager and the registered responsible party are responsible for 23
notifying the board of any change in the allied animal health professional's or 24
registered responsible party's association with the AAHP facility. 25
(8) An application for registration renewal shall be completed and submitted to the 26
board periodically after the initial registration deadline in 2025, in accordance with 27 UNOFFICIAL COPY 25 RS BR 426
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KRS 321.203 and as set forth in administrative regulations promulgated in 1
accordance with KRS Chapter 13A. 2
(9) The board may conduct voluntary inspections in accordance with the following: 3
(a) Veterinary facilities and AAHP facilities shall be provided an option to 4
conduct a self-inspection at the facility and may consult with the board or 5
request a board inspection to ensure the facility is meeting minimum 6
standards as established in administrative regulations promulgated in 7
accordance with KRS Chapter 13A; 8
(b) The board may charge a fee for in-person consultations and inspections as 9
established in an administrative regulation promulgated in accordance with 10
KRS Chapter 13A; 11
(c) Voluntary consultations or inspections by the board shall not trigger a notice 12
to comply or a notice of violation for deficiencies. Nothing in this paragraph 13
shall be construed to limit the board from filing a grievance based upon a 14
significant violation impacting public health, safety, and welfare, and animal 15
health; 16
(d) Each registered facility that passes a voluntary, in-person inspection by the 17
board shall receive a certificate of inspection from the board for display in the 18
registered facility; 19
(e) Inspections of mobile units shall not extend into a registrant's private 20
residence; and 21
(f) This subsection shall not prevent the board from conducting inspections at or 22
implementing disciplinary action against a registered facility in response to a 23
complaint, grievance, or upon a suspected violation of this chapter. 24
(10) The board may revoke, suspend, or take other disciplinary action deemed 25
appropriate against the registrant, including ordering closure of the veterinary 26
facility or AAHP facility, in accordance with KRS 321.351 and 321.353 on any of 27 UNOFFICIAL COPY 25 RS BR 426
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the following grounds: 1
(a) The board or its agents are denied access to conduct an inspection or 2
investigation; 3
(b) The holder of a registration does not pay all prescribed fees or monetary 4
penalties; 5
(c) There is no veterinarian manager or AAHP manager identified within the 6
timeframes set by this chapter; 7
(d) Registered responsible parties are interfering with, exercising control over, or 8
attempting to influence the professional judgment of a credential holder in any 9
manner; 10
(e) Failure to comply with minimum standards defined in an administrative 11
regulation promulgated by the board for the veterinary facility or AAHP 12
facility; or 13
(f) Failure to comply with any provision of this chapter or administrative 14
regulations promulgated under this chapter. 15
(11) The board may require any veterinarian manager applicant, AAHP manager 16
applicant, or registered responsible party applicant to submit to a criminal 17
background investigation conducted in accordance with KRS 321.189. 18
Section 11. Any valid permit held by an allied animal health professional under 19
KRS Chapter 321 shall automatically become an allied animal health professional license 20
on the effective date of this Act. 21