Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
257.080,
258.043,
258.065,
321.175,
321.181,
321.185,
321.187,
321.188,
321.200
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
321.175 establishes that the purpose of the
Kentucky Veterinary Medicine Practice Act is to promote, preserve, and protect
public health, safety, and welfare.
KRS
321.235(2)(b) 3.c.
authorizes the Kentucky Board of Veterinary Examiners to promulgate
administrative regulations to establish standards in medical records. This
administrative regulation establishes standards for medical records created for
animal patients by board credential holders.
Section 1. Definitions.
(1) "Clinical encounter" means an interaction
between a patient, client, and a healthcare provider for the purpose of
providing healthcare services or assessing the health status of a patient and
is the point at which decisions about diagnosis and treatment are made and
during which care takes place.
(2)
"Complete medical record" means the record contains sufficient information to:
(a) Identify the patient and the
client;
(b) Support the diagnosis
or condition;
(c) Justify the care,
treatment, and services;
(d)
Provide options for spectrum of care, where appropriate;
(e) Document the course and results of care,
treatment, and services; and
(f)
Promote continuity of care among providers.
Section 2. Veterinary medical records shall
be:
(1) Safeguarded against loss, tampering,
or use by unauthorized persons;
(2)
Be readily available to the veterinarian, other veterinarians at the same
practice, employees of the veterinarian, and other authorized
persons;
(3) Contain sufficient
information to permit any veterinarian to proceed with the care and treatment
of the patient by reading the medical record; and
(4) Be completed no more than forty-eight
(48) hours following the clinical encounter.
Section 3. Maintenance of Records.
(1) Medical records shall be maintained in
accordance with KRS
321.187.
(2) Cessation from practice, either
temporarily or permanently, shall not relieve the practitioner from compliance
with this section.
(3) Records
stored by a third party shall not relieve the veterinarian or AAHP from the
responsibility of supplying records to the client upon request.
(4) There shall not be a charge for a board
investigation.
Section 4.
Veterinary medical records shall, at a minimum, include:
(1) Patient or herd identification;
(2) Client identification;
(3) A record of every clinical encounter and
consultation regarding the patient;
(4) Written or digital records and notes of
each clinical encounter, including:
(a)
Diagnosis or differential diagnosis;
(b) Treatments recommended, including
spectrum of care options;
(c)
Treatment plan agreed upon with client;
(d) If a prescription is issued, prescription
details consistent with the requirements of
201 KAR 16:600;
(e) Recommendations;
(f) If a medical determination is made via
telemedicine, a written statement about the digital information used to make
the decision;
(g) If surgery is
performed, details of surgery, including:
1.
Amounts and duration of any drugs, sedatives, or other substances
administered;
2. Documentation of
appropriate, species-specific anesthetic monitoring, which may include
temperature, pulse, and respiration;
3. Documentation of recovery; and
4. Materials used, including at a minimum:
a. Suture materials;
b. Mesh materials; and
c. Other materials used; and
(h) Any other pertinent
details;
(5) Laboratory
reports;
(6) Any information
received as the result of a consultation, including the date, name, and contact
information of the consultant;
(7)
A reference notation of the existence of radiographs, sonographic images, video
recordings, photographs, or other diagnostic imaging, with ready access to or
copies of those images available;
(8) Any authorizations, details of
conversations, releases, waivers, patient discharge instructions, records of
informed consent, or other related documents;
(9) The first and last name of the
veterinarian, licensed veterinary technician, or veterinary assistant, or AAHP
permit holder practicing on the patient during the visit, whether in-person or
via telehealth, or an identifying code that corresponds to the first and last
name of the practitioner or person making the entry pursuant to subsection (12)
of this section;
(10) The first and
last name of the person making each entry in the medical record, or an
identifying code for each person pursuant to subsection (12) of this
section;
(11) The name of the
veterinary facility or premises where the clinical encounter took place;
and
(12) If an identifying code is
used to denote the first and last name of the person making an entry into the
medical record, a list of identifying codes and corresponding first and last
names shall be made readily available with the medical records to the client or
the board upon request.
Section
5.
(1) A person shall not:
(a) Intentionally create a false
record;
(b) Make a false statement;
or
(c) Alter or modify any medical
record, document, or report concerning treatment of a patient.
(2) When correcting a completed
medical record for a clinical encounter, the original content shall be
readable, and the alteration shall be clearly identified with the:
(a) Correction;
(b) Reason for the correction;
(c) Date of correction; and
(d) First and last name of the person making
the correction, or an identifying code pursuant to Section 4(12) of this
administrative regulation.
Section 6. Rabies Clinics.
(1) During each rabies clinic held pursuant
to KRS
258.043, copies of medical records shall be
retained for each patient clinical encounter beyond the rabies
vaccination.
(2) For rabies
vaccinations only, a copy of the rabies certificate satisfies the requirement
of this section.
Section
7. Confidentiality of Records. Medical records shall be kept
confidential in accordance with
KRS
321.187(6).
STATUTORY AUTHORITY:
KRS
321.175,
321.187,
321.235(2)(b)
3.c.