Glad You Asked That
Below are a few questions that have been asked by IVMA members over the last few months. Answers are provided below. As always, though, consult your own legal counsel for specific legal advice.
Question: How long do I have to keep animal health records?
Answer: You must keep animal health records for three (3) years after the last encounter with the animal. Note that it is important to document, document, document. Further, it is appropriate to include in the animal health record communication you have with the client regarding treatment options and if diagnostics were offered or recommended, if referral was offered or recommended, and if the client refused the recommended diagnostics, treatment plan, or referral.
Question: As veterinarians, what are we obligated to do regarding finding a microchip in an animal? What do we have to do if we have a client with a new animal and we scan to see if there is a microchip in the animal? Are we responsible for contacting the name listed in the microchip database?
Answer: Under Indiana law, “although many pets are beloved by their owners, they remain property.” Lachenman v. Stice, 838 N.E.2d 451, 461 (Ind. Ct. App. 2005). Generally, when a person finds a lost dog, that person acquires good title as against all the world but acquires no title as against the true owner. Rittenhouse v. Knoop, 9 Ind. App. 126, 36 N.E. 384 (1894). What this means is that the finder of lost property, or a pet, would be the owner of the property to everyone except the person who lost the property. However, if property is abandoned, the prior owner divests their rights to claim the property in the future. Needless to say, it is not easy to determine whether a pet brought in by a new client is lost or abandoned, and Indiana has not provided guidance on microchipping and ownership. Unfortunately, we do not have access to the American Veterinarian Medical Association guidelines on microchipping as the page no longer exists. However, in a 2014 article by Veterinary Practice News, the AVMA stated: Veterinarians cannot be expected to investigate or resolve ownership disputes over an animal, but should ask for documentation of ownership in circumstances that raise suspicion that the presenting person may not actually be the lawful owner of the animal. The revised guidelines also state that if a microchip implant is detected that the client isn’t aware of, the veterinarian should inform the client of this fact, provide the client with contact information for the microchip database company, and encourage the client to contact that company.
We agree with this position – it is not the place of a veterinarian to investigate and resolve ownership disputes that may arise out of the discovery of an unknown microchip. It may be appropriate to ask for proof of ownership or adoption if there is any suspicion as to the true ownership. If a microchip is detected which the client is unaware of, as previously recommended by the AVMA, the veterinarian should inform the client of this fact, provide the client with contact information for the microchip database company, and encourage the client to contact that company. However, to avoid any legal percussions, the veterinarian may also request the client to sign a waiver and indemnification if a prior owner attempts to sue the veterinarian.