RULE

Department of Health and Hospitals

Board of Veterinary Medicine

Licensure Procedures, Continuing Veterinary Education, Fees (LAC 46:LXXXV.303, 401, 405, 500, and 503)

The Louisiana Board of Veterinary Medicine amends and adopts LAC 46:LXXXV.303, 401, 405, 500, and 503 in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953 et seq., and the Louisiana Veterinary Practice Act, La. R.S. 37:1518A(9). The Rules are being amended and adopted to implement the limited number of five times an applicant is eligible to take the national veterinary examination in Louisiana which is the standard in a fast growing number of states and as requested by the national examination agency used by all US states; to more clearly define the status of a Louisiana veterinary license as either active status or inactive status based on qualified retirement or disability; to define the reduced annual license renewal fee for a qualified retired or disabled licensee on inactive status, as well as to confirm the annual license renewal fee exemption for a licensee on active military duty; and to more clearly define the exemption from annual continuing education requirements for a qualified retired or disabled licensee on inactive status, and for a licensee on active military duty.

The Rules in general are being adopted and amended in order to maintain and improve professional competencies for the health, welfare, and safety of the citizens and animals of Louisiana. The Rule regarding the limited number of five times an applicant is eligible to take the national veterinary examination shall become effective upon promulgation with the exception of any pending application submitted to the board prior to such promulgation date. The Rules regarding active status or inactive status based on qualified retirement or disability, as well as the reduction of the annual license renewal fee and the exemption from continuing education for a qualified retired or disabled licensee on inactive status shall become effective on July 1, 2013 (the beginning date) for the 2013-2014 annual license renewal and every annual license renewal period thereafter. The Rules governing the exemption from annual license renewal fee and exemption from annual continuing education requirements for a licensee on active military duty will state in the board's rules current legal authority in effect on the subject.

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part LXXXV. Veterinarians

Chapter 3. Licensure Procedures

§303. Examinations

A. - B.6.b. …

7. An applicant for licensure may only sit for the national examinations a maximum of five times. Thereafter, the applicant will no longer be eligible for licensure in Louisiana and any application submitted will be rejected.

C. - D. …

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

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Veterinary Medicine, LR 8:66 (February 1982), amended LR 8:144 (March 1982), amended by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 19:343 (March 1993), LR 19:1327 (October 1993), LR 23:964 (August 1997), LR 25:2232 (November 1999), LR 28:1982 (September 2002), LR 38:1592 (July 2012).

Chapter 4. Continuing Veterinary Education

§400. Definitions

Active Status-a veterinarian who has met all of the requirements for annual licensure and is entitled to practice veterinary medicine in the state of Louisiana.

* * *

Inactive Status-a veterinarian who wishes to retain a Louisiana license, but who has not met all of the requirements for active status and, therefore, is not entitled to practice veterinary medicine in the state of Louisiana.

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 16:224 (March 1990), amended LR 19:1427 (November 1993), LR 38:1592 (July 2012).

§405. Exceptions and Exemptions

A. - B. …

C. Exemptions from these requirements may be made for persons in the following categories:

1. disabled licensees for whom participation in a program represents undue hardship. A request for a disability exemption must be documented by submitting a physician's statement of total disability without probability of return to practice for the annual renewal period. The documentation must be submitted annually with the registration form;

2. a licensee who submits an affidavit of retirement for inactive status as provided by the board is entitled to a waiver of continuing education if he has reached the age of 65 years, or he submits an affidavit of disability and physician's statement of total disability without probability of return to practice for the annual renewal period:

a. once an affidavit is received by the board, a written request for reinstatement of a license may thereafter be submitted to the board within five years of such date of receipt, provided the applicant demonstrates that he has successfully obtained all continuing education hours for the past years at issue, as well as the current year;

b. a request for reinstatement within five years of the date an affidavit is received by the board may be subject to certain conditions being met as set by the board prior to such reinstatement;

c. once an affidavit is received by the board, a written request for reinstatement of a license may be submitted to the board after the expiration of five years of such date of receipt, however, the applicant shall submit an application for re-licensure, pay all required fees and satisfactorily pass all licensure examinations; and

d. a request for reinstatement shall be made in writing for review and consideration by the board;

3. licensees on active military. An affidavit, or other sworn document from the licensee's commanding officer must accompany the annual re-registration form.

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 16:224 (March 1990), amended LR 19:1428 (November 1993), LR 23:1147 (September 1997), LR 29:1478 (August 2003), LR 33:649 (April 2007), repromulgated LR 33:848 (May 2007), amended LR 38:1592 (July 2012).

Chapter 5. Fees

§500. Definitions

Active Status-the fees charged to a veterinarian who has met all of the requirements for annual licensure and is entitled to practice veterinary medicine in the state of Louisiana.

* * *

Inactive Status-the fees charged to a veterinarian who wishes to retain a Louisiana license, but who has not met all of the requirements for active status and, therefore, is not entitled to practice veterinary medicine in the state of Louisiana. Inactive status licenses may be upgraded to active status by written request and payment of the differences between the fees.

* * *

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 19:1429 (November 1993), amended LR 38:1592 (July 2012).

§503. Exemption of Fee for Active Military Duty/Reduction of Fee for Qualified Retirement/Disability

A. The board shall exempt a veterinarian licensed in the state of Louisiana from the annual license renewal fee for active status if he is a member of the armed forces and is on active duty. The board shall apply the reduced annual renewal fee for inactive status if the veterinarian is totally disabled to practice veterinary medicine without probability of return to practice for the annual renewal period at issue as certified by a physician's statement, or if he is retired and has reached the age of 65 years.

B. In each of the above cases, the veterinarian who requests fee exemption or reduction for inactive status must register with the board annually and provide proof of his eligibility for fee exemption or reduction for inactive status in affidavit form approved by the board.

C. A licensee who submits an affidavit of retirement as provided by the board for this purpose is entitled to the reduced annual fee for inactive status if he has reached the age of 65 years, or submits an affidavit of disability and physician's statement of total disability without probability of return to practice for the annual renewal period at issue. The documentation must be submitted annually with the registration form.

1. Once an affidavit is received by the board, a written request for reinstatement of a license may thereafter be submitted to the board within five years of such date of receipt, provided the applicant submits with his request the payment of all back active annual renewal fees, as well as current active annual renewal fees for application.

2. A request for reinstatement within five years of the date an affidavit is received by the board may be subject to certain conditions being met as set by the board prior to such reinstatement.

3. Once an affidavit is received by the board, a written request for reinstatement of a license may be submitted to the board after the expiration of five years of such date of receipt, however, the applicant shall submit an application for re-licensure, pay all required fees and satisfactorily pass all licensure examinations.

4. A request for reinstatement shall be made in writing for review and consideration by the board.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518 and 1520.A.

HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Veterinary Medicine, LR 10:208 (March 1984), amended by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 23:963 (August 1997), LR 29:1478 (August 2003), LR 38:1592 (July 2012).

Wendy D. Parrish
Executive Director

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