Can You Keep a Secret?
Legal Aspects of Veterinary Confidentiality
By Douglas C. Jack, B.A., LL.B.
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Exceptions to the Rule
As is often the case, there are a number of recognized exceptions to the general rule relating to the maintenance of confidential information. While the exceptions may vary from state to state, they can be summarized as follows:

• The technician may share information so long as the technician has the consent of the animal owner;
• Information relating to legally reportable diseases may be provided to appropriate authorities;
• Confidential information must be disclosed if there is a court order, such as a search warrant, authorizing such disclosure;
• Information relating to patients and clients may be shared among veterinary professionals providing service to the same animal; and
• In some jurisdictions, confidential information relating to cases of suspected animal abuse may be disclosed to appropriate legal authorities.

In the event that the technician finds herself or himself in any of these circumstances, she or he is at liberty to disclose information that would otherwise have to remain secret.

It is critical that all hospital staff be aware of these exceptions and ensure that those circumstances exist to warrant disclosure.

For instance, if an animal control officer attends at the clinic without an appropriate court ordered warrant, then client and patient records should not be provided.

Certainly, the simplest way to ensure compliance with the confidentiality requirement is for the technician to seek the permission of the client to release the information. This may be difficult to obtain in situations where the level of care provided by the owner to the animal is at issue.

In all cases, the technician is well advised to seek the advice and guidance of the practice owner or manager, who will, in some instances, wish to consult with the hospital’s attorney.

All information provided by the practice owner to his or her own lawyer is similarly provided on a strictly confidential basis.