Can You Keep a Secret?
Legal Aspects of Veterinary Confidentiality
By Douglas C. Jack, B.A., LL.B.
Page 3

Common Breaches
It is somewhat disheartening to note that the duty of maintaining confidential information is breached, albeit innocently, in veterinary hospitals on a daily basis.  One will recognize situations where the clinic receptionist is discussing a case with an owner during a telephone conversation which can be overheard by the clients waiting in the reception area.

“Hallway conversations” are similarly overhead by clients in the next treatment room.

Care and appropriate safeguards must be taken by all clinic staff to ensure that patient and client information is protected. Telephone conversations involving discussions about patient care must be undertaken in areas of the clinic not frequented by clients.

Inquiries about patient care by persons other than the owner should only be responded to with the consent of the animal’s owner.

Consequences

The breach of accepted standards of confidentiality by veterinary technical staff risks allegations of professional misconduct before state veterinary licensing boards on the basis that the practitioner is responsible for the breaches of the lay staff.

Penalties for such misconduct range from verbal or written reprimands to monetary fines and the suspension of the license to practice.

A separate legal cause of action exists for the animal owner to commence legal proceedings for breach of confidence if the client can demonstrate that he or she has suffered some damage as a result. This could readily be proven in both companion animal or equine cases.

Given the significantly compromised position the hospital owner is exposed to, the technician who engages in a breach of confidence could find that continued employment would be seriously threatened.

To this end, it is incumbent upon every veterinary technician to have a thoughtful and complete understanding of the issues surrounding veterinary confidential information.

Douglas C. Jack is an attorney based in Fergus, Ontario, Canada, and is a founding member of the American Veterinary Medical Law Assn.