§ 59-698.16a. Animal health records – Disclosure – Liability.

A.  Animal health records shall be the property of the owner or manager of a veterinary practice that has prepared such records, and shall include, but not be limited to, written records and notes, radiographs, sonographic images, video tapes, photographs, laboratory reports, or other diagnostic or case management information received as the result of consulting with other licensed veterinarians or medical specialists.

B.  Each licensed veterinarian shall keep and maintain a legible patient record for a period of thirty-six (36) months from the date of the last visit of the patient.  Each licensed or certificate holder veterinarian shall maintain records in a manner that will permit any authorized licensed veterinarian to proceed with the care and treatment of the animal, if required, by reading the medical record of that particular patient, and the record shall clearly explain the initial examination.  The State Board of Veterinary Medical Examiners shall promulgate such rules as may be necessary to ensure that patient records include certain necessary elements.

C.  The owner or manager of any veterinary practice maintaining animal health records shall provide the client or client’s agent copies or a detailed written summary within ten (10) working days of a request made in writing by the owner, unless the records are required in an immediate life-threatening situation, at which time the original records, copies of the written records or a detailed written summary shall be forwarded to the attending or primary care-licensed veterinarian within the same working day.  The owner or manager of any veterinary practice maintaining records shall furnish the copies pertaining to the case upon tender of the expense of such copy or copies.  Cost of each copy shall not exceed the amount specified in the Open Records Act per page, and no more than a reasonable cost of duplicating diagnostic images, tapes, or radiographs.  There shall be no search fees assessed for the production or retrieval of any medical records.

D.  1.  No veterinarian licensed pursuant to the Oklahoma Veterinary Practice Act shall be required to disclose any information concerning the licensed veterinarian’s care of an animal except on written authorization or by other waiver by the licensed veterinarian’s client or on appropriate court order, by subpoena or as otherwise provided by this section.

2.  Copies of or information from veterinary records shall be provided without the owner’s consent to public or animal health, wildlife or agriculture authorities, employed by federal, state or local governmental agencies who have a legitimate interest in the contents of said records for the protection of animal and public health.

E.  1.  Any licensed veterinarian releasing information under written authorization or other waiver by the client or under court order, by subpoena or as otherwise provided by this section shall not be liable to the client or any other person.

2.  The privilege provided by this section shall be waived to the extent that the licensed veterinarian’s client or the owner of the animal places the licensed veterinarian’s care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding.

Added by Laws 1999, c. 94, § 20, eff. Nov. 1, 1999.