321.181 Definitions for chapter.
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/ky/chapter-321/321-181A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(1)"Allied animal health professional" or "AAHP" means a professional who has
completed an approved allied animal health professional program as defined in an
administrative regulation promulgated by the board in accordance with KRS
Chapter 13A and who offers specialized, limited services as defined in this chapter
or by an administrative regulation to an animal patient in an area of practice as
identified in KRS 321.251;
(a)"Allied animal health professional facility" or "AAHP facility" means any
building, fixed facility, place, premises, mobile facility, mobile unit, or
location from which the practice of allied animal health professionals on
animals is conducted or performed, including but not limited to a mobile
clinic or facility, outpatient clinic, emergency facility, specialty facility,
referral facility, human facility, or center.
(b)An AAHP facility includes all fixed buildings used in AAHP practice at a
single physical premises location.
(c)An AAHP facility does not include:
1. The premises of a client unless a fixed allied animal health professional
facility is located on the premises;
2. A research facility;
3. A federal military base;
4. Locations for temporary animal exhibition;
5. State or federal regulatory facilities; or
6. An approved allied animal health professional program location;
(3)"Allied animal health professional manager" or "AAHP manager" means at least
one
(1)board-licensed AAHP who registers to assume responsibility for the
registration, management, and operation of a registered allied animal health
professional facility;
(4)"Allied animal health professional license" or "AAHP license" means a credential
issued to an allied animal health professional who is licensed by the board to
practice on animals in the Commonwealth and to conduct specialized services for
an animal patient limited to the scope of work as defined in this chapter or by the
board in administrative regulation;
(5)"Animal" means any member of the animal kingdom other than a human, whether
living or dead;
(6)"Animal chiropractic" means the science of diagnosing and adjusting or
manipulating the subluxations of the articulations of an animal's spine and its
adjacent tissues and by applying methods of treatment designed to augment those
adjustments or manipulations;
(7)"Animal control agency" means an animal shelter fulfilling the duties required
pursuant to KRS Chapter 258 that is owned, contracted with, or in service on behalf
of a county or municipality;
(8)"Animal shelter" means a public agency or private humane society, society for the
prevention of cruelty to animals, animal protection shelter or control agency, or
other facility that provides shelter and care for homeless, stray, unwanted, or
injured domestic animals;
(9)"Applicant" means a person who submits an application for licensure, certification,
license, or registration, whether complete or not, to the board;
(10)"Approved allied animal health professional program" means a school or
educational program offering specialized training to provide limited services to an
animal patient that has been approved by the board in an administrative regulation
as meeting its administrative standards;
(11)"Approved foreign equivalency program" means a school or educational program
that has been approved by the board as meeting its administrative standards, which
offers additional training and testing for persons who graduated from a non-board-
approved veterinary medical program or non-board-approved veterinary technology
program;
(12)"Approved program of continuing education" means an educational program
approved by the board or offered by an approved provider of continuing education;
(13)"Approved provider of continuing education" means any person that has met the
requirements of the board to provide educational courses that are designed to ensure
continued competence in the practice of veterinary medicine, veterinary technology,
animal euthanasia, or other area of practice governed by the board;
(14)"Approved veterinary medical program" means a school of veterinary medicine or a
veterinary medical education program that has been approved by the board as
meeting its administrative standards;
(15)"Approved veterinary technology program" means a school of veterinary
technology or a veterinary technology education program that has been approved by
the board as meeting its administrative standards;
(16)"Background check" means an inquiry within a system for the collection,
processing, preservation, or dissemination of criminal history records maintained by
one
(1)or more local, state, or federal agencies;
(17)"Board" means the Kentucky Board of Veterinary Examiners;
(18)"Certificate holder" means a person certified by the board;
(19)"Certified animal control agency" means an animal shelter that is certified by the
board;
(20)"Certified animal euthanasia specialist" means a person employed by a certified
animal control agency who is authorized by the board to humanely euthanize
animals by administering drugs designated by the board for euthanasia and sedation
including animals owned by the certified animal control agency or animals in
emergency care circumstances;
(21)"Chemical restraint" means the use of any controlled substance, veterinary drug,
prescription, veterinary prescription drug, or legend drug that assists in the restraint
of or sedates the animal;
(22)"Client" means the owner, owner's agent, or other person presenting the patient for
care, who has entered into an agreement with a veterinarian or allied animal health
professional on behalf of a patient for the purposes of obtaining veterinary medical
services or allied animal health professional services in person or by any means of
communication or telehealth;
(23)"Compensation" includes any gift, bonus, fee, money, credit, or other thing of
value;
(24)"Complementary and alternative veterinary medicine therapies" means a
heterogeneous group of preventive, diagnostic, and therapeutic philosophies and
practices that are not considered part of conventional veterinary medicine. These
therapies include but are not limited to:
(a)Veterinary acupuncture, acutherapy, and acupressure;
(b)Veterinary homeopathy;
(c)Veterinary manual or manipulative therapy, such as therapies based on
techniques practiced in osteopathy, chiropractic, or physical medicine and
therapy;
(d)Veterinary nutraceutical therapy; and
(e)Veterinary phytotherapy;
(25)"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;
(26)"Continuing education" means training that is designed to ensure continued
competence in the practice of veterinary medicine, veterinary technology, or for
certified animal euthanasia specialists, licensed allied animal health professionals,
or any board credential holder;
(27)"Continuing education contact hour" means a fifty
(50)minute clock hour of
instruction, not including breaks or meals;
(28)"Conviction" means a formal declaration that someone is guilty of a crime by a
court of competent jurisdiction and shall include a finding or verdict of guilt, an
admission of guilt, a no contest plea, a plea of nolo contendere, or a guilty plea;
(29)"Credential" means:
(a)Any license, certificate, permit, registration, or other credential issued or
approved by the board; or
(b)The authorization to serve as the veterinarian manager or registered
responsible party designated on a veterinary facility registration, as the AAHP
manager or registered responsible party designated on an AAHP facility
registration, or as the designated on-site manager designated for a certified
animal control agency;
(30)"Credential holder" means a person who holds an approved credential issued by the
board, which may be one
(1)or more of the following:
(a)Certificate;
(b)License;
(c)Registration; or
(d)Special permit;
(31)"Designated on-site manager" means a person who registers with the board to
assume responsibility for the ordering, management, use, and disposal of controlled
substances at a certified animal control agency;
(32)"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;
(33)"Embryo transfer" means to remove an embryo from any animal for the purpose of
transplanting the embryo into another animal, cryopreserving the embryo, or
implanting the embryo into any animal, including food and companion animals;
(34)"Emergency care" means immediate treatment that is necessary to sustain life or
end suffering of an animal that is in a life-threatening condition;
(35)"Equine dentistry" means any diagnosis, treatment, or surgical procedure performed
on the head or oral cavity of an equine animal, including:
(a)Any procedure that invades the tissues of the oral cavity, including a
procedure to:
1. Remove sharp enamel projections;
2. Treat malocclusions of the teeth;
3. Reshape teeth; or
4. Extract one
(1)or more teeth;
(b)The treatment or extraction of damaged or diseased teeth;
(c)The treatment of diseased teeth through restoration and endodontic
procedures;
(d)Periodontal treatments, including the:
1. Removal of calculus, soft deposits, plaque, and stains above the gum
line; and
2. Smoothing, filing, and polishing of tooth surfaces; and
(e)Dental radiography;
(36)"Examination" means a qualifying examination approved by the board as a
condition for certification, licensure, permit, or registration;
(37)"Expired" is a licensure status whereby the credential holder failed to renew the
credential in a timely manner in accordance with the deadline set by the board;
(38)"Extralabel use" means actual use or intended use of a drug in an animal in a
manner that is not in accordance with the approved labeling and includes but is not
limited to:
(a)Use in species or production class not listed in the labeling;
(b)Use for indications such as disease or other conditions not listed in the
labeling;
(c)Use at dosage levels, frequencies, or routes of administration other than those
stated in the labeling; and
(d)Deviation from the labeled withdrawal time based on these different uses;
(39)"Felony" means a criminal act as defined by any jurisdiction or by definition under
federal law;
(40)"Fixed facility" means a permanent location that is generally not moveable;
(41)"Grievance" or "complaint" means any allegation of misconduct that may constitute
a violation of this chapter or any administrative regulation promulgated under the
authority of this chapter;
(42)"Impaired" means that a credential holder, designated on-site manager, veterinarian
manager, AAHP manager, or registered responsible party may reasonably be unable
to perform that person's duties with competence, skill, and safety because of a
physical or mental disability or incapacity, including deterioration of mental
capacity, loss of motor skills, or substance use or disorder of sufficient degree
which may reasonably diminish the person's ability to deliver competent patient
care;
(43)"In-person" means physically in the same physical space;
(44)"Informed consent" or "consent" means the veterinarian or allied animal health
professional licensee has informed the client or the client's authorized
representative in a manner understood by the client or the client's authorized
representative of the diagnostic and treatment options, potential outcomes, risk
assessment, prognosis, and options and the client has consented to or knowingly
declined the recommended services or treatment;
(45)"Jurisdiction" means:
(a)Any Commonwealth, state, or territory of the United States of America,
including the District of Columbia;
(b)Any province of Canada; or
(c)A regulatory organization, including an international body;
that issues licenses, registrations, permits, or certificates related to the professional
fields of veterinary medicine;
(46)"Licensee" means a person licensed by the board under this chapter;
(47)"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;
(48)"Mobile facility" or "mobile unit" means a motor vehicle that is utilized pursuant to
KRS 321.205;
(49)"Patient" means any animal or group of animals receiving care from a veterinarian,
veterinary technician, veterinary assistant, animal euthanasia specialist, allied
animal health professional, veterinary student, veterinary technician student, or
veterinary practice staff;
(50)"Permittee" means a person permitted by the board under this chapter;
(51)"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;
(52)"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;
(b)Prescribes, dispenses, or administers any drug, medicine, anesthetic, biologic,
appliance, apparatus, application, treatment, or other therapeutic or diagnostic
substance or technique for veterinary purposes, or performs euthanasia, in
accordance with the applicable federal statutes and regulations governing
controlled prescription drugs, legend drugs, and veterinary drugs;
(c)Performs any manual procedure for the diagnosis, treatment, or both of
pregnancy, sterility, or infertility, including embryo transfer;
(d)Represents oneself, directly or indirectly, as engaging in the practice of
veterinary medicine; or
(e)Uses any words, letters, or titles as to induce the belief that the individual
using them is authorized to practice veterinary medicine under this chapter
with such use being prima facie evidence of the intention to represent oneself
as engaged in the practice of veterinary medicine;
(53)"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; and
(b)1. Representation of oneself, directly or indirectly, as a licensed veterinary
technician or "LVT"; or
2. Use of any words, letters, or titles under circumstances that would
induce the belief that the individual using them is authorized to practice
as a veterinary technician under this chapter, with such use being prima
facie evidence of the intention to represent oneself as engaged in
practice as a veterinary technician;
(54)"Premises" means any place where an animal is located when veterinary medicine
is being practiced;
(55)"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;
(56)"Registrant" means a person or premises registered with the board under this
chapter;
(57)"Registered allied animal health professional facility" or "registered AAHP facility"
means an AAHP facility that is registered with the board;
(58)"Registered facility" means any AAHP facility or any veterinary facility that is
registered with the board;
(59)"Registered responsible party" means at least one
(1)person documented as the:
(a)Entity that is designated as the registered responsible party on a facility
registration and is responsible for its operation and management in
conjunction with the veterinarian manager or allied animal health professional
manager; and
(b)Entity that is held accountable to the board as a credential holder for any
violation of this chapter and its associated administrative regulations. At a
minimum, the registered party shall include all persons, owners, and corporate
owners of the registered veterinary facility or allied animal health professional
facility;
(60)"Registered veterinary facility" means a veterinary facility that is registered with the
board;
(61)"Supervision" pertains to any of the following:
(a)"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;
(b)"Immediate supervision" means the supervising veterinarian is physically in
the immediate area and within audible and visual range of the patient and the
individual treating the patient;
(c)"Direct supervision" means the supervising veterinarian is readily available on
the premises where the patient is being treated; and
(d)"Indirect supervision" means the supervising veterinarian need not be on the
premises but has given either written or oral instructions for the treatment of
the patient and is readily available for communication;
(62)"Teleadvice" means the provision of any health information, opinion, guidance, or
recommendation concerning prudent future actions that are not specific to a
particular patient's health, illness, or injury;
(63)"Teleconsulting" means telehealth in which a veterinarian, veterinary technician,
AAHP, or other credential holder uses telehealth tools to communicate with a
specialist or another professional to gain insights and advice on the care of a
patient;
(64)"Telehealth" means all uses of technology to remotely gather and deliver health
information, advice, education, and care;
(65)"Telemedicine" or "connected care" means the integration of digital technologies to
enhance and support the VCPR and facilitate proactive and ongoing care through
improved communication, diagnosis, and monitoring;
(66)"Telemonitoring," "mHealth," or "mobile health," means remote monitoring of a
patient who is not at the same location as the health care provider;
(67)"Telesupervision" means the supervision of individuals using media such as audio
or audio/video conference, text messaging, and e-mail;
(68)"Teletriage" means the safe, appropriate, and timely assessment and management of
an animal patient via electronic consultation with its owner, regardless of whether
there is an immediate referral to a veterinarian and where a diagnosis is not
rendered;
(69)"Veterinarian" means an individual who is licensed to engage in the practice of
veterinary medicine under this chapter;
(70)"Veterinarian manager" means at least one
(1)Kentucky-licensed veterinarian who
registers to assume responsibility for the registration, management, and operation of
a registered veterinary facility;
(71)"Veterinarian-client-patient relationship" or "VCPR" has the same meaning as in
KRS 321.185;
(72)"Veterinary assistant" means a layperson without credentials who is employed by a
veterinarian in accordance with KRS 321.443;
(a)"Veterinary facility" means any building, fixed facility, place, premises,
mobile facility, or mobile unit location from which the practice of veterinary
medicine and practice of veterinary technology are conducted or performed,
including but not limited to a mobile clinic or facility, outpatient clinic,
veterinary hospital or clinic, emergency facility, specialty facility, referral
facility or center, temporary health clinic, or spay/neuter location. A
veterinary facility shall include all fixed buildings used for the practice of
veterinary medicine at a single physical premises location.
(b)"Veterinary facility" does not include:
1. The premises of a veterinary client unless a fixed veterinary facility is
located on the veterinary client's premises;
2. A research facility;
3. A federal military base;
4. Locations for temporary animal exhibition;
5. State or federal regulatory facilities;
6. Officially designated emergency and disaster response locations;
7. A facility with current accreditation by the Association of Zoos and
Aquariums; or
8. An American Veterinary Medical Association-accredited college of
veterinary medicine or veterinary technology;
(74)"Veterinary specialist" means a veterinarian that has been awarded and maintains
certification from an American Veterinary Medical Association-recognized
veterinary specialty organization, program, or college, and is registered in this
specialty with the board;
(75)"Veterinary student" means:
(a)A person enrolled in an approved veterinary medical program while pursuing
a degree in veterinary medicine; or
(b)A person in a post-Doctor of Veterinary Medicine temporary private
internship, residency, or veterinary hospital-based program, not to exceed
thirty
(30)days in a calendar year;
(76)"Veterinary technician" means a person who has completed an approved veterinary
technology program, is licensed in accordance with this chapter, and meets the
requirements in KRS 321.441;
(77)"Veterinary wellness committee" means a committee appointed by the board that is
composed of individuals who have expertise in the areas of alcohol abuse, chemical
dependence, drug abuse, or physical or mental condition designated by the board to
perform activities related to the veterinary wellness program; and
(78)"Veterinary wellness program" means the board-sponsored program for the
identification, intervention, and monitoring of credential holders or applicants who
may be impaired as a result of alcohol abuse, chemical dependence, drug abuse, or
any physical or mental condition.