321.200 Exemptions from application of chapter.
994 words·~5 min read·
/ky/chapter-321/321-200A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 professionals who are working within the scope of the
license;
(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.
(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.