Kentucky Statutes 321.200 – Exemptions from application of chapter
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(1) No provision of this chapter shall be construed to prohibit any of the following:
(a) Any persons from gratuitously treating animals in cases of emergency care, provided they do not use the word “veterinarian,” “veterinary,” “veterinary technician,” “veterinary nurse,” or any title, words, abbreviation, or letters in a manner or under circumstances which may induce the belief that the person using them is qualified to engage in the practice of veterinary medicine or the practice of veterinary technology as described in KRS § 321.181;
(b) 1. The owner of any animal or animals, the owner’s full-time, or part-time, regular employees, or the owner’s agent from caring for and treating animals maintained in their custody, including but not limited to euthanasia of livestock or administering drugs that are obtained and used in accordance with applicable state and federal statutes and regulations to, any animals belonging to the owner. With the exception of paragraph (c) of this subsection and other limiting statutes, treatment shall not include surgery.
2. Transfer of ownership, a temporary contract, or a temporary change in a person’s employment status shall not be used for the purpose of circumventing this provision.
3. This provision shall not exempt an employee who would otherwise qualify for a board credential from the credentialing requirements of this chapter based on the employment status;
(c) Any person from castrating and dehorning food animals, as long as any drugs or medications are obtained and used in accordance with applicable state and federal statutes and regulations governing controlled substances, legend drugs, and veterinary drugs;
(d) Any veterinary student as defined in KRS § 321.181 from working under the direct supervision of a veterinarian who is licensed under this chapter;
(e) Unlicensed graduate veterinarians in the United States Armed Services or employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, from engaging in the performance of their official duties;
(f) Other lawfully qualified veterinarians who reside in and are licensed in other jurisdictions from discussing or meeting, either in person or via telehealth, with licensed veterinarians of this Commonwealth in consultation about a patient so long as the Kentucky-licensed veterinarian has established and maintains a current VCPR with the patient;
(g) A trainer, sales agent, or herdsman from caring for animals, upon instruction from a Kentucky-licensed veterinarian, provided there is a current VCPR as defined in KRS § 321.185;
(h) A university faculty member or unlicensed veterinarian employee from teaching veterinary science or related courses, providing services offered by the university’s veterinary diagnostic laboratory, or from engaging in veterinary research through or on behalf of the university where the person is
employed, including drug and drug testing research, provided that research is conducted in accordance with applicable state and federal statutes and regulations governing controlled substances, prescription drugs, veterinary drugs, and legend drugs. This provision shall not exempt the university faculty member or unlicensed veterinarian employee from the requirements of licensure if the person engages in the practice of veterinary medicine outside the authority of the university or the scope of employment with the university or engages in the private practice of veterinary medicine for compensation;
(i) Any person who holds a postgraduate degree in reproductive physiology or a related field, and who has performed embryo transfers in Kentucky during the five (5) years immediately preceding July 14, 1992, from performing embryo transfers on animals;
(j) Volunteer health practitioners providing services under KRS § 39A.350 to
39A.366;
(k) A retailer or its agent from providing information and suggestions regarding the over-the-counter products it sells to treat animals so long as the information and suggestions are consistent with the product label and species appropriate;
(l) A Kentucky-licensed veterinarian from inspecting an animal, or an animal’s radiographs or other medical records, on behalf of a potential buyer or potential seller, without regard to the existence of a VCPR;
(m) Any persons from implanting a microchip in an animal for the purposes of identification or the establishment of ownership;
(n) A veterinarian who is licensed in another jurisdiction of the United States or Canada, is in good standing in that jurisdiction, meets all criteria for licensure in Kentucky, and who has an active application on file with the board pending for less than ninety (90) days, from working as a veterinarian in Kentucky under the supervision of a Kentucky-licensed veterinarian while the board application for licensure is being processed, so long as the place of employment, start date, contact information where the applicant works, and a supervising veterinarian are disclosed in the application;
(o) Allied animal health professional permittees who are working within the scope of the permit;
(p) Certified animal euthanasia specialists who are working within the scope of their certificate; or
(q) Volunteer health practitioners consulting with and assisting a licensed veterinarian at a facility accredited by the Association of Zoos and Aquariums from assisting in the care of and procedures on the zoo animals at the facility while under the supervision of the veterinarian.
(2) (a) An unlicensed veterinarian who does not qualify for licensure in Kentucky and who is a nonresident of the United States may be employed in this Commonwealth to engage in the practice of veterinary medicine for not more than thirty (30) days in a calendar year, provided the person:
1. Holds a valid, current license as a veterinarian in the person’s home
country;
2. Practices under the direct supervision of a veterinarian licensed in
Kentucky;
3. Registers with the board prior to commencing practice in the
Commonwealth; and
4. Agrees to practice and follow all the rules and administrative regulations of this chapter and be subject to discipline for violations of those rules and administrative regulations by the Kentucky Board of Veterinary Examiners.
(b) This subsection shall not apply to a nonresident of the United States who is otherwise eligible for a Kentucky license or other credential under this chapter.
(3) Nothing in this chapter shall interfere with the professional activities of any licensed pharmacist.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 16, sec. 13, effective June 29, 2023; and ch. 95, sec. 14, effective June 29, 2023. — Amended 2016 Ky. Acts ch. 116, sec. 6, effective July 15, 2016. — Amended 2007 Ky. Acts ch. 96, sec. 19, effective June 26, 2007. — Amended 1992 Ky. Acts ch. 299, sec. 16, effective July 14, 1992. — Created 1948
Ky. Acts ch. 181, sec. 16.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts chs. 16 and 95, which do not appear to be in conflict and have been codified together.
(a) Any persons from gratuitously treating animals in cases of emergency care, provided they do not use the word “veterinarian,” “veterinary,” “veterinary technician,” “veterinary nurse,” or any title, words, abbreviation, or letters in a manner or under circumstances which may induce the belief that the person using them is qualified to engage in the practice of veterinary medicine or the practice of veterinary technology as described in KRS § 321.181;
Terms Used In Kentucky Statutes 321.200
- Animal: means any member of the animal kingdom other than a human, whether living or dead. See Kentucky Statutes 321.181
- Applicant: means a person who submits an application for licensure, certification, permit, or registration, whether complete or not, to the board. See Kentucky Statutes 321.181
- Board: means the Kentucky Board of Veterinary Examiners. See Kentucky Statutes 321.181
- Compensation: includes any gift, bonus, fee, money, credit, or other thing of value. See Kentucky Statutes 321.181
- Consultation: means a veterinarian's receipt of advice, assistance in person, or by any method of communication from a veterinarian or other person whose expertise, in the opinion of the veterinarian, would benefit a patient while the responsibility for the welfare of the patient remains with the veterinarian receiving consultation. See Kentucky Statutes 321.181
- Contract: A legal written agreement that becomes binding when signed.
- Credential: means :
(a) Any license, certificate, permit, registration, or other credential issued or approved by the board. See Kentucky Statutes 321.181 - Direct supervision: means the supervising veterinarian is readily available on the premises where the patient is being treated. See Kentucky Statutes 321.181
- Discipline: means any final order, settlement agreement, reprimand, fine, or other adverse consequence assessed against a person by the board or any of its counterparts in other jurisdictions. See Kentucky Statutes 321.181
- Emergency care: means immediate treatment that is necessary to sustain life or end suffering of an animal that is in a life-threatening condition. See Kentucky Statutes 321.181
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: means :
(a) Any Commonwealth, state, or territory of the United States of America,
including the District of Columbia. See Kentucky Statutes 321.181 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Livestock: means bovines, equines, sheep, goats, swine, poultry, captured or cultivated aquatic species, farm-raised cervidae and camelidae, bees, and any other species used in the production of fiber, meat, eggs, honey, milk, and other animal food products. See Kentucky Statutes 321.181
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Patient: means any animal or group of animals receiving care from a veterinarian, veterinary technician, veterinary assistant, animal euthanasia specialist, or allied animal health professional. See Kentucky Statutes 321.181
- Person: means any individual, firm, partnership, association, joint venture, cooperative, corporation, governmental body, or any other group, legal entity, or combination acting in concert, and whether or not acting as a principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of the person. See Kentucky Statutes 321.181
- Practice of veterinary medicine: means any person who practices veterinary medicine when performing any one (1) or more of the following on an animal:
(a) Directly or indirectly diagnoses, prognoses, corrects, changes, relieves, prevents, supervises, recommends, or performs medical or surgical treatment, including complementary and alternative veterinary medicine therapies, obstetrics, dentistry, oral surgery, acupuncture, laser therapy, manipulation, and all other branches or specialties of veterinary medicine, for the diagnosis, prevention, cure, or relief of a wound, defect, deformity, fracture, bodily injury, disease, or dental, physical, behavioral, or mental condition. See Kentucky Statutes 321.181 - Practice of veterinary technology: means :
(a) The practices of veterinary technology when performing patient care, professional medical care, monitoring, treatment, or other services on an animal that require a technical understanding of veterinary medicine on the basis of written or oral instruction of a veterinarian, or under supervision of a veterinarian. See Kentucky Statutes 321.181 - Prescription: means an order for a drug or medicine, combination or mixture of drugs or medicines, or proprietary preparation that is signed, given, or authorized and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in a patient. See Kentucky Statutes 321.181
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Supervising veterinarian: means a veterinarian who assumes responsibility for the veterinary care given to a patient by an individual working under the veterinarian's direction and has examined the patient pursuant to currently acceptable standards of care. See Kentucky Statutes 321.181
- Telehealth: means all uses of technology to remotely gather and deliver health information, advice, education, and care. See Kentucky Statutes 321.181
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Veterinarian: means an individual who is licensed to engage in the practice of veterinary medicine under this chapter. See Kentucky Statutes 321.181
- Veterinary student: means :
(a) A person enrolled in an approved veterinary medical program while pursuing a degree in veterinary medicine. See Kentucky Statutes 321.181 - Year: means calendar year. See Kentucky Statutes 446.010
(b) 1. The owner of any animal or animals, the owner’s full-time, or part-time, regular employees, or the owner’s agent from caring for and treating animals maintained in their custody, including but not limited to euthanasia of livestock or administering drugs that are obtained and used in accordance with applicable state and federal statutes and regulations to, any animals belonging to the owner. With the exception of paragraph (c) of this subsection and other limiting statutes, treatment shall not include surgery.
2. Transfer of ownership, a temporary contract, or a temporary change in a person’s employment status shall not be used for the purpose of circumventing this provision.
3. This provision shall not exempt an employee who would otherwise qualify for a board credential from the credentialing requirements of this chapter based on the employment status;
(c) Any person from castrating and dehorning food animals, as long as any drugs or medications are obtained and used in accordance with applicable state and federal statutes and regulations governing controlled substances, legend drugs, and veterinary drugs;
(d) Any veterinary student as defined in KRS § 321.181 from working under the direct supervision of a veterinarian who is licensed under this chapter;
(e) Unlicensed graduate veterinarians in the United States Armed Services or employees of the United States Department of Agriculture, Animal and Plant Health Inspection Service, from engaging in the performance of their official duties;
(f) Other lawfully qualified veterinarians who reside in and are licensed in other jurisdictions from discussing or meeting, either in person or via telehealth, with licensed veterinarians of this Commonwealth in consultation about a patient so long as the Kentucky-licensed veterinarian has established and maintains a current VCPR with the patient;
(g) A trainer, sales agent, or herdsman from caring for animals, upon instruction from a Kentucky-licensed veterinarian, provided there is a current VCPR as defined in KRS § 321.185;
(h) A university faculty member or unlicensed veterinarian employee from teaching veterinary science or related courses, providing services offered by the university’s veterinary diagnostic laboratory, or from engaging in veterinary research through or on behalf of the university where the person is
employed, including drug and drug testing research, provided that research is conducted in accordance with applicable state and federal statutes and regulations governing controlled substances, prescription drugs, veterinary drugs, and legend drugs. This provision shall not exempt the university faculty member or unlicensed veterinarian employee from the requirements of licensure if the person engages in the practice of veterinary medicine outside the authority of the university or the scope of employment with the university or engages in the private practice of veterinary medicine for compensation;
(i) Any person who holds a postgraduate degree in reproductive physiology or a related field, and who has performed embryo transfers in Kentucky during the five (5) years immediately preceding July 14, 1992, from performing embryo transfers on animals;
(j) Volunteer health practitioners providing services under KRS § 39A.350 to
39A.366;
(k) A retailer or its agent from providing information and suggestions regarding the over-the-counter products it sells to treat animals so long as the information and suggestions are consistent with the product label and species appropriate;
(l) A Kentucky-licensed veterinarian from inspecting an animal, or an animal’s radiographs or other medical records, on behalf of a potential buyer or potential seller, without regard to the existence of a VCPR;
(m) Any persons from implanting a microchip in an animal for the purposes of identification or the establishment of ownership;
(n) A veterinarian who is licensed in another jurisdiction of the United States or Canada, is in good standing in that jurisdiction, meets all criteria for licensure in Kentucky, and who has an active application on file with the board pending for less than ninety (90) days, from working as a veterinarian in Kentucky under the supervision of a Kentucky-licensed veterinarian while the board application for licensure is being processed, so long as the place of employment, start date, contact information where the applicant works, and a supervising veterinarian are disclosed in the application;
(o) Allied animal health professional permittees who are working within the scope of the permit;
(p) Certified animal euthanasia specialists who are working within the scope of their certificate; or
(q) Volunteer health practitioners consulting with and assisting a licensed veterinarian at a facility accredited by the Association of Zoos and Aquariums from assisting in the care of and procedures on the zoo animals at the facility while under the supervision of the veterinarian.
(2) (a) An unlicensed veterinarian who does not qualify for licensure in Kentucky and who is a nonresident of the United States may be employed in this Commonwealth to engage in the practice of veterinary medicine for not more than thirty (30) days in a calendar year, provided the person:
1. Holds a valid, current license as a veterinarian in the person’s home
country;
2. Practices under the direct supervision of a veterinarian licensed in
Kentucky;
3. Registers with the board prior to commencing practice in the
Commonwealth; and
4. Agrees to practice and follow all the rules and administrative regulations of this chapter and be subject to discipline for violations of those rules and administrative regulations by the Kentucky Board of Veterinary Examiners.
(b) This subsection shall not apply to a nonresident of the United States who is otherwise eligible for a Kentucky license or other credential under this chapter.
(3) Nothing in this chapter shall interfere with the professional activities of any licensed pharmacist.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 16, sec. 13, effective June 29, 2023; and ch. 95, sec. 14, effective June 29, 2023. — Amended 2016 Ky. Acts ch. 116, sec. 6, effective July 15, 2016. — Amended 2007 Ky. Acts ch. 96, sec. 19, effective June 26, 2007. — Amended 1992 Ky. Acts ch. 299, sec. 16, effective July 14, 1992. — Created 1948
Ky. Acts ch. 181, sec. 16.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts chs. 16 and 95, which do not appear to be in conflict and have been codified together.