201 KAR 16:762. Application requirements for veterinary facility registration; veterinarian managers; registered responsible parties

Section 1. Definitions. (1) "Fixed facility" is defined by KRS 321.181(38). (2) "Mobile facility" or "mobile unit" is defined by KRS 321.181(46). (3) "Practice of veterinary medicine" is defined by KRS 321.181(50). (4) "Practice of veterinary technology" is defined by KRS 321.181(51). (5) "Premises" is defined by KRS 321.181(52). (6) "Registered responsible party" is defined by KRS 321.181(57). (7) "Veterinarian manager" is defined by KRS 321.181(68). (8) "Veterinary facility" is defined by KRS 321.181(71). Section 2. General Requirements. Each veterinary facility that is located in Kentucky where the practice of veterinary medicine or practice of veterinary technology occurs shall possess a veterinary facility registration issued by the Kentucky Board of Veterinary Examiners. Pursuant to KRS 321.236(2), all existing veterinary facilities in Kentucky shall be registered by June 30, 2025. (1) A veterinary facility registration shall not be issued without a physical facility, either a fixed facility or mobile unit. (2) A veterinary facility shall be a dedicated space equipped for, staffed, and primarily devoted to the practice of veterinary medicine or the practice of veterinary technology. (3) A mobile facility shall be registered as an affiliate unit on a fixed facility registration, or independently under a unique veterinary facility registration with a designated physical location for parking and storage. (4) A registered facility shall have no more than two (2) mobile units under its registration without incurring additional registration and renewal fees as established in 201 KAR 16:515. (5) A registered veterinary facility shall prominently display the current registration certificate in a public area of the registered facility. The registration certificate shall: (a) Be legible; and (b) Show the current dates of registration. Section 3. Exemptions from Requirements for Veterinary Facility Registration. (1) The following premises shall be exempt from the requirements of this administrative regulation: (a) Premises identified in KRS 321.181(71)(b); (b) An expert who provides consulting services only to other veterinarians, who does not engage in the practice of veterinary medicine on a patient directly, and who does not have a physical facility, either fixed or mobile, where the consultant practices on animal patients; (c) Public rabies vaccine-only clinics held in accordance with KRS 258.043; and (d) Government sponsored vaccine clinics for animals solely to prevent infectious disease and that do not include diagnostics, surgery, or the dispensation of prescription medications. (2) The exception to register a premises as a veterinary facility as identified in subsection (1)(c) and (d) of this section does not alleviate a veterinarian from creating and maintaining medical records in accordance with 201 KAR 16:701. Section 4. Registered Responsible Party. (1) Each application for a veterinary facility registration shall name the facility and identify each registered responsible party. (2) Pursuant to KRS 321.236(5), each registered responsible party shall be accountable for ensuring the requirements of KRS Chapter 321 and 201 KAR Chapter 16 are met, including the timely designation of a veterinarian manager for the veterinary facility in accordance with the provisions of 201 KAR 16:767. (3) If it is determined that a registered responsible party has violated any provisions of the Kentucky Veterinary Medicine Practice Act or 201 KAR Chapter 16, the board may take disciplinary action equal to that for a licensed veterinarian as provided by the Kentucky Veterinary Medicine Practice Act. Section 5. Veterinarian Manager. (1) Each application for a veterinary facility registration shall designate a veterinarian manager. The application shall include the veterinarian manager's original signature, or, if completed online, an equivalent digital signature. (2) A veterinarian manager shall be responsible for meeting the requirements of KRS Chapter 321 and 201 KAR Chapter 16, including ensuring the requirements for minimum standards are met and maintained. Section 6. New Application Requirements. A new application to the board for registration as a veterinary facility shall include the following components: (1) A completed application on an Application for Veterinary Facility Registration form or online equivalent form, including all required attachments and fees pursuant to 201 KAR 16:515; (2) A complete list of persons or entities who shall be the registered responsible party; (3) Identification of the veterinarian manager; (4) Identification of the name, phone, address, and email address of the registered facility; (5) A copy of the Secretary of State business registration; (6) Identification of the species served from one (1) or more in a list provided by the board; (7) Identification of the patient services offered at the veterinary facility from one (1) or more in a list provided by the board; (8) A complete list of veterinarians working at the facility, excluding veterinarians providing locum services less than fourteen (14) days in a calendar year to the facility; (9) A complete list of licensed veterinary technicians working at the facility; (10) A complete list of allied animal health professional (AAHP) permittees working at the facility; (11) A complete list of mobile units affiliated with the veterinary facility; (12) Disclosure of after-hours care arrangements; (13) For fixed facilities, county of facility location and counties served; (14) If the facility offers a haul-in installation for livestock; (15) For mobile units, a list of the counties served by the mobile unit; (16) Hours of operation; (17) A copy of any court documents, final orders, settlement agreements, or other documents requested by the board in support of the application; and (18) Any other information requested by the board in support of the application. Section 7. Background Checks. Pursuant to KRS 321.189, the board may: (1) Conduct a national or jurisdictional level background check on each veterinarian manager applicant for registration. The check shall be processed by a board approved background check provider and may include a copy of the applicant's fingerprints captured at a board-approved location; (2) Reject background checks that do not have an official seal or watermark, or that are more than ninety (90) days old; (3) Impose additional requirements as a condition of registration or deny registration following the board's review of findings from a background check; and (4) Waive the background check requirement for a veterinarian manager who is already licensed in Kentucky and if a background check was previously conducted as a condition of licensure. Section 8. Renewal and Reinstatement of Veterinary Facility Registrations. Pursuant to 201 KAR 16:765, a registered responsible party or veterinarian manager shall: (1) Ensure the timely renewal of the veterinary facility registration; and (2) If applicable, ensure an appropriate reinstatement application is made to the board. Section 9. The veterinary facility registration certificate shall be posted in a publicly viewable area on the facility premises or on the mobile unit. Section 10. Incorporation by Reference. (1) "Application for Veterinary Facility Registration", 2/2025, is incorporated by reference. (2) This material may be inspected, copied, or obtained, subjected to applicable copyright law, at the Kentucky Board of Veterinary Examiners, 4047 Iron Works Parkway, Suite 104, Lexington, Kentucky 40511, Monday through Friday, 8:30 a.m. to 4:30 p.m. This material may also be obtained at kbve.ky.gov.