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

Most veterinary technicians are quite familiar with the requirement that all professional and lay staff in the hospital keep patient and client information confidential.

At the time of their hiring interview by the hospital manager or owner, the technician is advised of the absolute need to not disclose data except in certain defined situations.

It is regrettable that this general acknowledgment of the confidentiality requirement manifests itself in almost daily breaches throughout North American veterinary clinics.

While some jurisdictions dictate that confidentiality is an ethical obligation, it is clear that the failure to maintain patient and client information on a confidential basis gives rise to legal consequences.

As a matter of labor law, both current and former employees also owe a separate legal obligation to their employees to also keep secret information with respect to hospital policies and strategies.

Duty of Confidentiality
It is clear that the overriding obligation of every veterinary assistant is to maintain client and patient information, both personal and medical, in strict confidence except in certain specific situations where the disclosure is permitted.

This obligation is either contained in the state veterinary regulatory legislation or in the ethical codes of veterinary medical associations.

Regardless of the basis of the confidentiality requirement, it is clear and accepted that the obligation exists. Ultimate responsibility to ensure that confidentiality is maintained in the hospital rests with the practice owner through the legal principal known as respondeat superior, or vicarious liability; the employer is responsible for a breach of confidence by all hospital staff.

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