Hipaa Laws: Do They Apply To Veterinary Practices?

While many people consider their pets as family members, the Health Insurance Portability and Accountability Act (HIPAA) does not afford them the same confidentiality rights as humans. This is because pets are considered property and not persons. However, over half of U.S. states have laws that govern how animal medical records are handled, and veterinarians are generally obliged to maintain accurate records and respect the privacy of their clients.

Veterinary records are confidential and protected by law

For example, in California, disclosure of veterinary records is prohibited unless it is necessary for medical, statistical, or public health purposes, or there is client consent, a court order, or subpoena. Similarly, in Kentucky, a veterinarian is not permitted to release information about a client or patient without written authorization. In Wisconsin, a third party seeking access to an animal's medical records must present written consent from the owner and may have to pay a fee to obtain the records.

The American Veterinary Medical Association (AVMA) provides a summary of the statutory and regulatory provisions addressing the release of veterinary records. These provisions include requirements for client authorization, exceptions for medical and public health purposes, and criminal penalties for unauthorized releases. State veterinary medical boards are responsible for interpreting and enforcing these provisions within their respective states.

Veterinarians have a professional obligation to maintain accurate records and respect the privacy of their clients and patients. By following the laws and ethical guidelines in their state, they can protect themselves from legal issues and maintain the trust of their clients.

More than half of US states have laws governing the handling of animal medical records

While HIPAA laws do not apply to veterinarians, more than half of US states have laws governing the handling of animal medical records. These laws are necessary because, while pets are considered property and not persons, their health information is protected by law.

At least 33 states have laws regulating the confidentiality of veterinary care records to some degree. Most deem the records “privileged and confidential” and forbid their release without written authorization from the owner, with a few exceptions. For example, in Texas, veterinary records can be released through a subpoena or when an organization collects anonymous statistical information for research and public health purposes. In Wisconsin, a third party who wants access to an animal's medical records needs to present written consent from the owner to the animal's vet, and there are costs associated with getting the records.

In addition to state laws, the federal Animal Welfare Act (AWA) regulates the treatment of animals in research, teaching, testing, exhibition, transport, and by dealers. The AWA was signed into law on August 24, 1966, and has been amended numerous times since then to elevate the standard of animal care. While the AWA does not cover rats, mice, and birds, it does protect all other warm-blooded animals.

The release of veterinary records is also governed by the state veterinary medical boards, which have the authority to interpret and enforce provisions of veterinary practice acts.

Pet medical records are not covered by HIPAA as pets are considered property

However, this does not mean that pets have no protection when it comes to their medical records. Thirty-five states have statutes that address the confidentiality of veterinary patient records, and most deem the records "privileged and confidential", forbidding their release without written authorization. While there is no overarching federal statute, state laws are generally quite protective of the confidentiality of veterinary care records.

For example, in Wisconsin, the law states that the owner of any animal patient of a veterinarian may, upon request to the veterinarian, receive a copy of the animal patient's health care records upon payment of reasonable costs. This means that a third party wishing to access an animal's medical records needs to present written consent from the owner to the veterinarian, and there are costs associated with obtaining the records.

In the absence of a state law mandating confidentiality of veterinary records, veterinarians still have a general professional obligation to maintain accurate records and respect the privacy of the human client whose animal they have treated. They can do this by taking prudent steps to stay within the laws of their state or by maintaining some degree of confidentiality even if their state does not have a legal mandate.

Veterinarians who follow their state's rules for releasing pet records should have few worries about lawsuits, just as medical doctors for human patients do.

Some states have laws that address the same concerns for animals as HIPAA does for humans

While HIPAA laws do not apply to veterinarians, some states have laws that address the same concerns for animals as HIPAA does for humans. At least 33 states have laws that regulate the confidentiality of veterinary care records to some degree. Most of these laws deem the records "privileged and confidential" and forbid their release without written authorization from the owner. There are a few exceptions, such as through a subpoena or when anonymous statistical information is being collected for research and public health purposes.

State laws are generally protective of the confidentiality of veterinary care records. In some cases, the law even bars the release of information in response to a request for records that are otherwise public. For example, in a 2015 legal opinion, the Attorney General of Texas declined to release veterinary records based on their interpretation of the Texas Veterinary Practice Act, which allows the release of veterinarian records only with the authorization of the pet owner or in compliance with a court order.

Veterinarians have a general professional obligation to maintain accurate records and respect the privacy of the human client whose animal they have treated. They are ethically and legally obligated to maintain the confidentiality of their patients' health information.

Animal medical records include personal information about their human families

Animal medical records are confidential and privileged. They include personal information about their owners, such as name, address, phone number(s), and email address. This information is critical and must be kept up to date.

In addition to the owner's personal information, pet medical records also include a detailed description of the animal, including species, breed, coat colour, distinguishing markings, age, date of birth, and reproductive status. Some practices even include a photograph of the pet for identification purposes. This information is particularly useful if the pet is ever lost or stolen.

Pet medical records also contain information about the pet's health, such as vaccination history, past and current treatment plans, medications, test results, and weight history. This information is essential for providing continuous and consistent care for the animal.

While pets are not protected by HIPAA laws, as they are considered property and not persons, their medical records are protected by state laws. These laws vary by state, but most deem veterinary records "privileged and confidential" and prohibit their release without written authorization from the owner. Some states allow for exceptions, such as releasing records through a subpoena or for statistical and public health research purposes.

It is important for veterinarians to obtain consent from owners before releasing pet medical records to avoid legal issues and maintain the confidentiality of their clients.

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