NOTICE OF INTENT

Department of Health and Hospitals

Board of Veterinary Medicine

Alternative Therapy and Collaborative Treatment, Preceptorship Program, and Certified Animal Euthanasia Technician (LAC 46:LXXXV.712, 1103, 1105, 1200, 1201, 1209, and 1211)

The Louisiana Board of Veterinary Medicine proposes to amend and adopt LAC 46:LXXXV.712, 1103, 1105, 1200, 1201, 1209, and 1211 in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953 et seq., and the Louisiana Veterinary Practice Act, R.S. 37:1518A(9). The proposed rules are being amended and adopted to provide alternative therapy and collaborative treatment on animals by a qualified layperson and the parameters within which services may be provided under the direct supervision of the veterinarian; amend the week in training for preceptorship program to more closely follow actual hours of veterinary medical practice hours, and outline parameters for repeal of week(s) in training for non-compliant weeks(s) in training; repeal the temporary certification for the certified animal euthanasia technician due to the annual certification training program which is now being provided at dedicated, periodic intervals during the year at various sites throughout the state; and clarify pre-euthanasia restraint of animals.

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part LXXXV. Veterinarians

Chapter 7. Veterinary Practice

§712. Alternative Therapy and Collaborative Treatment

A. Alternative therapy and/or collaborative treatment may be performed by a layperson (a person not licensed, registered, or certified by the board) only with an order or prescription from a Louisiana licensed, supervising veterinarian who has first established the veterinarian-client-patient relationship, and can be performed only under such supervising veterinaria's direct supervision and with the written informed consent of the owner of the animal (client) or his duly authorized agent. The layperson must possess a license, registration, or certification issued by another Louisiana regulatory authority, or he must possess verification of an educational level acceptable by the board, in the subject matter of the alternative therapy and/or collaborative treatment at issue.

B. Direct supervision as used in this section means the supervising veterinarian must be on the premises where the alternative therapy and/or collaborative treatment are being performed and is directly responsible for the on-going evaluation and/or diagnosis. A lay person (a person not licensed, registered, or certified by the board) cannot perform surgery, on-going evaluation and/or diagnosis, prognosis, or prescribe treatment, medicines, or appliances as set forth in §702.A.2.

C. The supervising veterinarian will be held accountable for the proper diagnosis and treatment of the animal, including the work delegated to the layperson, as well as compliance with proper documentation in the patient's medical record as set forth in Section 701, including the written informed consent for the alternative therapy and/or collaborative treatment obtained from the client or his duly authorized agent. The supervising veterinarian will also be held accountable for the maintenance of the confidential relationship with the client and patient.

D. Alternative therapy as used in this section includes, but is not limited to, ultrasonography, magnetic field therapy, holistic medicine, homeopathy, animal chiropractic treatment, animal acupuncture, animal physical therapy, animal massage therapy, and laser therapy.

E. Collaborative treatment as used in this section includes, but is not limited to, ophthalmology, cardiology, neurology, radiology, and oncology.

F. Written informed consent as used in this section means the supervising veterinarian has informed the client or his duly authorized agent, in a manner that would be understood by a reasonable person, of the diagnostic and treatment options, risk assessment, and prognosis, and the client or his duly authorized agent has consented in writing to the recommended alternative therapy and/or collaborative treatment.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 23:970 (August 1997), amended, LR 38:

Chapter 11. Preceptorship Program

§1103. Definitions

* * *

Week in Training-a week in training shall consist of a minimum of 40 hours earned during a maximum of six calendar days. A calendar day shall not exceed twelve hours in duration.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518 et seq.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:232 (March 1990), amended LR 19:208 (February 1993), LR 23:968 (August 1997), LR 24:1293 (July 1998), LR 27:543 (April 2001), LR 28:1208 (June 2002), LR 38:

§1105. Applicants

A. - F. ….

G. The failure to comply with the time and duration requirements for any week(s) in training shall result in the preceptee having to successfully repeat the non-compliant week(s) in training at the same approved preceptorship site, or a successive board approved site, conditioned on submitting a revised Preceptorship Agreement to the board at least two weeks prior to the commencement of the make up week(s) in training at issue. An applicant for a license to practice veterinary medicine must successfully complete the preceptorship requirement, or be granted a waiver pursuant to §1105.E, prior to being issued a license.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:232 (March 1990), amended LR 23:1686 (December 1997), LR 24:942 (May 1998), LR 27:543 (April 2001), LR 38:

Chapter 12. Certified Animal Euthanasia Technician

§1200. Definitions

A. …

* * *

Temporary Certification-repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1558.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:1424 (November 1993), amended LR 26:317 (February 2000), LR 38:

§1201. Applications for Certificates of Approval

A. - B. …

C. The board shall reject the application of an applicant who has practiced veterinary medicine, veterinary technology, or euthanasia technology with sodium pentobarbital in this state without a certificate of approval during the two year period immediately prior to application

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1558.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:1424 (November 1993), amended LR 23:963 (August 1997), LR 26:317 (February 2000), LR 29:1479 (August 2003), LR 38:

§1209. Pre-Euthanasia Restraint

A. Euthanasia by intracardiac injection on cats and dogs shall be prohibited unless the animal is unconscious or rendered completely unconscious and insensitive to pain through the injection of an anesthetic. Such prohibition is applicable to animal control shelters and their animals located on site as well as their animals which may be transported to a veterinary clinic for euthanasia. Temporary transfer of ownership of the animal to the veterinarian by the animal control shelter for euthanasia by cardiac injection is a violation of the law. The performance of euthanasia by intracardiac injection in violation of this section by a CAET and/or veterinarian is sanctionable.

B. A CAET (Lead status or otherwise) shall not use any drug for purposes of sedation, or any form of anesthesia, since sedation is beyond the permissible scope of euthanasia practice for this certificate holder. However, Acepromazine, Rompun (xylazine), or Domitor (medetomidine) which are non-controlled drugs, may be legally used by CAETs for pre-euthanasia restraint of feral/fractious animals. If an animal control shelter's animal must be sedated/anesthetized pursuant to Subsection A above, then a LA licensed veterinarian must perform this service.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1558.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 38:

§1211. Fees

A. The board hereby adopts and establishes the following fees for the CAET program:

B. - C. …

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1558.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:1425 (November 1993), amended LR 26:318 (February 2000), LR 38:

Family Impact Statement

The proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.

Public Comments

Interested parties may submit written comments to Wendy D. Parrish, Executive Director, Louisiana Board of Veterinary Medicine, 263 Third Street, Suite 104, Baton Rouge, LA 70801, or by facsimile to (225) 342-2142. Comments will be accepted through the close of business on Friday, November 18, 2011.

Public Hearing

If it becomes necessary to convene a public hearing to receive comments in accordance with the Administrative Procedure Act, the hearing will be held on Monday, November 28, 2011, at 10 a.m. at the office of the Louisiana Board of Veterinary Medicine, 263 Third Street, Suite 104, Baton Rouge, LA.

Wendy D. Parrish
Executive Director

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE: Alternative Therapy and Collaborative Treatment, Preceptorship Program, and Certified Animal Euthanasia Technician

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

Except for those costs associated with publishing the amendment (estimated at $400 in FY 2012), there will be no costs to state or local governmental units regarding alternative therapy and collaborative treatment; week in training under the preceptorship program; repeal of the temporary certification for Certified Animal Euthanasia Technician; and pre-euthanasia restraint of animals. However, depending on the number of participants, the Board may have up to $2,000 in estimated additional costs for the provision of the Board's certification training program for Certified Animal Euthanasia Technicians. These potential costs will be paid for with the anticipated revenue collected for the provision of the program. Any potential costs to the governmental agency (animal control facility) which sponsors the travel and expenses for its employee applicant to attend the Board's certification training program are anticipated to be less than previous years due to the provision of the program in its local area, as well as the new one-day format of the program, thereby reducing travel and eliminating overnight housing expenses. Licensees and certificate holders will be informed of this rule change via the Board's regular newsletter or other direct mailings, and the Board's website, which result in minimal costs to the Board.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units with regards to alternative therapy and collaborative treatment; week in training under the preceptorship program; or pre-euthanasia restraint of animals. The Board anticipates losing approximately $250-$300 annually from the repeal of the temporary certification for Certified Animal Euthanasia Technician due to the availability of multiple courses provided to obtain permanent certification (historically, the Board has issued an average of 5-6 temporary certifications per year). The board estimates up to $2,400 in additional annual revenue collected regarding the provision of the Board's certification training program for Certified Animal Euthanasia Technicians due to the potential for more participants. These revenues will be offset by the anticipated costs for the additional dates per year, the additional training sites, additional materials/supplies, and any travel costs as per state regulations for instructor Board member and staff.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

The estimated costs and/or economic benefits to directly affected persons or non-governmental groups regarding alternative therapy and collaborative treatment on animals are anticipated to be minimal, if any, since such services are currently provided by veterinarians and with the proposed rules will be more readily available to recipients by qualified laypersons under the direct supervision of the veterinarians.

The estimated costs and/or economic benefits to directly affected persons or non-governmental groups regarding the amended definition of week in training under the preceptorship program, and the repeat of non-compliant week(s) in training for the participant are anticipated to be minimal, if any, since the new week of training will more closely follow actual hours of veterinary medical practice hours which were previously capped at 9 hours per day. In addition, a participant may complete a week of training for each non-compliant week without the current requirement for a repeat of the full eight week program.

The estimated costs and/or economic benefits to directly affected persons or non-governmental groups regarding the repeal of the temporary certification for Certified Animal Euthanasia Technician are anticipated to be minimal, if any, since the Board's certification training program will now be given at dedicated, periodic intervals during the year at various sites throughout the state to meet the growing need to train a larger number of applicants. The program was previously conducted only once per year in Baton Rouge. The additional dates and sites of training will eliminate the need for temporary certification. Savings may also be realized by the applicant and/or government agencies that sponsors the travel and expenses for the applicant to attend the off-site training program as the programs may be provided in the local area, and in a one-day format eliminating overnight housing expense. The rules are also being amended to repeal the fee for the issuance of a temporary certification as such will no longer be applicable.

The estimated costs and/or economic benefits to directly affected persons or non-governmental groups regarding preeuthanasia restraint of animals are anticipated to be minimal, if any, since it is a restatement of the law that only veterinarians can perform sedation or anesthesia, and a Certified Animal Euthanasia Technician can use certain stated non-controlled drugs for pre-euthanasia restraint. The proposed rule is reflective of the effects of Act 764 of the 2010 LA Regular Legislative Session.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

The estimated effect on competition and employment regarding alternative therapy and collaborative treatment on animals is anticipated to occur since such services are currently provided by veterinarians and with the proposed rules will be more readily available to recipients by qualified laypersons under the direct supervision of the veterinarians. Accordingly, there may exist a slight increase in competition and employment of such qualified laypersons.

The estimated effect on competition and employment regarding the amended definition of week in training under the preceptorship program, and the repeat of non-compliant week(s) in training for the participant is anticipated to be minimal, if any, since the new week of training will more closely follow actual hours of veterinary medical practice hours which were previously capped at 9 hours per day. In addition, a participant may complete a week of training for each noncompliant week without the current required repeat of the full eight week program. It is hoped that all participants properly complete the full eight week program with no repeat of any non-compliant week thereby insuring timely employment.

The estimated effect on competition and employment regarding the repeal of the temporary certification for Certified Animal Euthanasia Technician is anticipated to be minimal, if any, since the Board's certification training program will be conducted on multiple dates per year (rather than the current once annual program) and additional training sites (rather than the current single site) will eliminate the need for temporary certification of the same employed persons obtaining full certification.

The estimated effect on competition and employment regarding pre-euthanasia restraint of animals is anticipated to be minimal, if any, since it is a restatement of the law that only veterinarians can perform sedation or anesthesia, and a Certified Animal Euthanasia Technician can use certain stated non-controlled drugs for pre-euthanasia restraint. The proposed rule is reflective of the effects of Act 764 of the 2010 LA Regular Legislative Session.