Request By:
Hon. Michael C. Wilson
Greenup County Attorney
Greenup County Courthouse
Greenup, Kentucky 41144
Opinion
Opinion By: Chris Gorman, Attorney General; Lynne Schroering, Assistant Attorney General
As Greenup County Attorney you have written our office for an opinion regarding the vaccination of animals. In your first question you ask:
Does the administration of a rabies vaccine constitute the practice of veterinary medicine?
It is the opinion of this office that pursuant to the Veterinary Practice Act KRS 321.181(5)(a) the administration of a rabies vaccine is the practice of veterinary medicine. This statute was recently amended by the General Assembly effective July, 1992, and provides in pertinent part:
"Practice of veterinary medicine" means: (a) To diagnose, treat, correct, change, relieve, or prevent: animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy, or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above;
Administering a rabies vaccine is preventing animal disease as contemplated under KRS 321.181(5) (a). Additionally, giving the rabies shot is the "administration of any drug" to an animal which is also included in the definition of veterinary medicine. KRS 321.181(5)(a).
We are aware that KRS 258.005 and KRS 258.015 also authorize a "qualified person" to administer rabies shots to dogs in limited situations. Pursuant to these statutes the "qualified person" may administer rabies shots, but must be granted a permit by the Cabinet for Human Resources. KRS 258.005(4) and KRS 258.015.
The accompanying regulations to KRS 258.005 establish two classes of individuals who may be granted a temporary permit by CHR to administer rabies shots. 902 KAR 2:070. First, owners and operators of licensed kennels may vaccinate dogs "owned" by them if the kennel owner has a current CHR permit. 902 KAR 2:070 Section 7. Significantly, the regulation mandates that CHR shall revoke the permit of any kennel owner who vaccinates dogs not owned by him. CHR may also grant a temporary permit to give rabies shots to a "qualified person" if the county does not conduct a rabies control program to the satisfaction of CHR and if a graduate licensed veterinarian is not available to vaccinate the dogs. 902 KAR 2:070 Section 8(1).
Therefore, we conclude that the administration of rabies vaccines is the practice of veterinary medicine pursuant to KRS 321.181(5)(a). However, the legislature in its power to regulate the health and safety of its citizens has authorized two limited exceptions granting certain individuals temporary permits to administer rabies shots to dogs.
Your second question inquires:
In light of the fact that the animal control shelter has legal possession and control over these stray and abandon animals while at the shelter, does not the relationship constitute ownership of the animals pursuant to KRS 321.200(1)(b)?
KRS 321.200(1)(b) exempts from the practice of veterinary medicine:
The owner of any animal or animals . . . caring for and treating, including administering drugs to, any animals belonging to the owner.
We do not believe that the county is the "owner" of animals lodged in the animal control shelter. True, the county animal control shelter may be in possession of the animals but the county must follow specific statutes regarding the length of time an animal must be detained before it may be humanely destroyed. KRS 258.215. Of course, an owner is under no similar restrictions regarding his animals.
We must point out that Kentucky law requires that all dogs over 4 months old be given a rabies vaccine administered by a veterinarian or a "qualified person" pursuant to KRS 258.005 and KRS 258.015. After the initial rabies vaccine, a dog must be re-vaccinated "at the expiration of the immunization period as certified by the veterinarian. " KRS 258.015. Thus, a dog owner is not exempted by virtue of KRS 321.200(1)(b) from the requirement that the dog must have a current rabies vaccination administered by either a veterinarian or other qualified person.