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Burke Veterinary Hospital is a busy location located in a suburban community. For 25 years, the clinic has been a trusted guardian for area pets. As is the case in long-established veterinary practices, sooner or later every imaginable circumstance presents itself. Burke Veterinary Hospital recently experienced such a day.
A married couple had been bringing their dog, Sweetie, to the clinic for 2 years. In recent months, the couple had experienced marital conflicts and separated. One of their main problems was custody of Sweetie. Additionally, there was the question of who was authorized to access the dog’s medical records.
The hospital director had faced situations similar to this before. Any client whose name appeared in the medical file was identified as the owner and authorized to acquire the information. The pet’s owners were responsible for medical decisions and financial obligations.
Unfortunately, marital discord intensified. Both parties called the clinic and informed the hospital director that they were engaged in a legal battle for custody of the animal. Additionally, the husband informed the clinic that he had a new residential address and should be contacted about the animal using his new information. The hospital director had no problem helping because both husband and wife were listed as owners in the medical records. Then things started to get a little tricky.
A week after the hospital received the request, a local police officer went to Burke and asked to speak to the hospital director. He informed the director that police-related issues had arisen regarding the husband. To further investigate, the officer requested the husband’s new address. The hospital director knew that the state in which the clinic was located considered the information in the veterinary record to be privileged. This information cannot be shared without the authorization of the owner of the animal in question.
The policeman became a little aggressive. In response, the hospital director told him she would be happy to help him if he obtained a subpoena for this information. She explained that she wanted to help but had to follow the law and keep the clinic out of any legal trouble. An irritated policeman left. Two days later, authorities returned to the clinic with a subpoena in hand. The hospital director immediately gave them the information they requested.
As far as the American Veterinary Medical Association (AVMA) is concerned, medical records are considered privileged and confidential, but this can vary from state to state.1 The AVMA website offers a list of veterinary records confidentiality status by state. Of course, there are exceptions when imminent danger to animals or people may be involved. If this were the case, authorities would immediately put the clinic in contact with legal advisors.
The days of veterinary medical informality are over. Now, releases must be signed, informed consent must be discussed, and client confidentiality is a mandate. Ultimately, this protects pets, clients and veterinarians. Personally, the office manager wished she could go back to the days when she could simply help a pet or client in need without all the red tape, but she also understood the clinic’s legal obligations.
Rosenberg’s response
Ultimately, veterinary medicine and veterinary medicine facilities are big business. With advancements in pet healthcare and the world of corporate veterinary clinics come liability concerns. My goal has always been to find a balance between personal interaction with the client and respecting the rules and laws of 21st century veterinary medicine. This can sometimes be a difficult line to walk. Ultimately, the main directive is that the pet always comes first.
Marc Rosenberg, VMD, is director of Voorhees Veterinary Center in Voorhees, New Jersey. Although many of the scenarios Rosenberg describes in his column are based on real events, the veterinary practices, doctors and employees described are fictional.
Reference
1. Confidentiality of veterinary patient records. American Veterinary Medical Association. Updated May 2019. Accessed September 12, 2023. https://www.avma.org/advocacy/state-and-local-advocacy/confidentiality-veterinary-patient-records