Current through Register Vol. 50, No. 9, September 20, 2024
A. Prohibited Activities
1. No legend drug, as
defined in §700, shall be administered, prescribed, dispensed, delivered to, or
ordered for animals with which the veterinarian has not established a
veterinarian-client-patient relationship as a primary care provider or as a
consultant to the primary care provider. A consultant veterinarian who
dispenses a legend drug must maintain records in accordance with §701
2. No controlled substance,
as defined in §700, shall be administered, prescribed, dispensed, delivered to,
or ordered for animals with which the veterinarian has not established a
veterinarian-client-patient relationship as a primary care provider by having
personally examined the individual animal, herd, or a representative segment or
a consignment lot thereof, and determined that such controlled substance is
therapeutically indicated following said examination.
3. Any drug, medicine, chemical or controlled
substance prescribed, dispensed, administered, delivered or ordered pursuant to
this rule must be intended for the use of the patient and shall not be
prescribed, dispensed, administered, delivered or ordered for the use of the
client or any other human.
B. All drugs, chemicals, medicines and/or
biological agents shall be maintained, administered, dispensed and prescribed
in compliance with state and federal laws.
C. All repackaged drugs dispensed by a
licensed veterinarian shall be stored in approved safety closure containers,
except that this provision shall not apply to drugs dispensed to any person who
requests that the medication not be placed in such containers, or in such form
or size that it cannot be dispensed reasonably in such containers.
D. Records shall be maintained in accordance
with §701 of Chapter 7
of these rules.
E. A veterinarian
who has a federal D.E.A. number and uses or dispenses controlled substances
must comply with the federal regulations pertaining to the dispensing, storage
and usage of controlled substances.
F. Any veterinarian who violates this rule or
any portion thereof, shall be guilty of unprofessional conduct within the
meaning of
R.S.
37:1526(14).
G. Providing Prescriptions
1. A client is not obligated to purchase a
prescription medication from the prescribing veterinarian. Therefore, when a
veterinarian-client-patient relationship exists and a veterinarian has
determined that a prescription medication will be used in a patient's treatment
or preventive health plan, it shall be considered a violation of the rules of
professional conduct, within the meaning of
R.S.
37:1526(14), for a
veterinarian to refuse to provide a written prescription to the client so long
as the following conditions exist:
a. the
veterinarian has determined that the patient's life is not endangered without
the immediate administration of the prescription medication; and
b. in the veterinarian's medical opinion, the
prescribed substance is medically safe for in-home administration by the
client.
2. A
veterinarian shall not be required under
§705 to write a prescription for
controlled substances or a prescription for any medication that, in the
veterinarian's medical judgment, is not appropriate for the patient's medical
care.
3. A veterinarian may refuse
to write a prescription under
§705 if it is not directly requested by
a client with whom a veterinarian-patient-client relationship exists.
4. A written prescription can be construed to
include any manner of authorization for filling a prescription, including
verbal or electronic communication.
H. It shall be a violation of the rules of
professional conduct under
R.S.
37:1526(14) for a
veterinarian in the course of his veterinary practice to use or dispense any
products, including drugs, which are expired.
I. It shall be a violation of the rules of
professional conduct under
R.S.
37:1526(14) for a
veterinarian to be in possession of drugs or other medical products which are
over six months past their expiration date unless the materials are obviously
removed from use and it can be documented that said drugs are in the process of
being returned or otherwise disposed of.
J. Only a veterinarian licensed by the board
may prescribe any drug, medicine, chemical or controlled substance for a
patient after the establishment of the veterinarian/client/patient
relationship, with the exception of the delegation of such authority pursuant
to Subsection M below.
K. The
veterinarian is responsible for and shall maintain accurate medical records
when prescribing any drug, medicine, chemical or controlled substance which
includes the following:
1. client's
name;
2. patient's name;
3. date of prescription;
4. name of drug;
5. usage dosage including the route of
administration;
6. quantity
dispensed and number of refills;
7.
name of veterinarian prescribing the drug, medicine, chemical or controlled
substance;
8. telephone calls
changing the prescription or dosages must be recorded in the medical record of
the patient; and
9. refill
information must be recorded on the prescription and in the medical record of
the patient.
L. The
initial prescription of a legend drug shall be communicated personally or by
telephone to the pharmacy by the veterinarian. The initial prescription and any
refills of a controlled drug shall be communicated personally or by telephone
to the pharmacy by the veterinarian. A written prescription for a controlled
drug shall be personally prepared by the prescribing veterinarian. A written
prescription for a controlled drug shall be handwritten or typed, and shall
contain the specific client/patient's names (or identifying information if
herd, etc.) and the drug(s) prescribed with usage directions, appropriate
government registration numbers, dated, and signed by the prescribing
veterinarian, affixed with his signature stamp, or electronic signature thereon
if transmitted electronically to a pharmacy. However, the use of a signature
stamp or electronic signature will have the presumption the prescribing
veterinarian knows of, and has personally provided, the prescription for the
use of the patient.
M. The
veterinarian may delegate to an office employee the authority to communicate a
refill of a legend drug to the pharmacy on behalf of the veterinarian pursuant
to written protocol established prior to the delegation of such
authority.
N. The written protocol
required in Subsection M above shall be maintained on the premises as part of
the prescribing veterinarian's facility procedure and shall include, but not be
limited to, the following:
1. an
authorization dated and signed by the veterinarian delegating specific
authority to the office employee;
2. the authorization shall be for a stated
limited period;
3. the
authorization shall specify the exact nature and extent of the delegation of
authority;
4. the medical record of
the patient shall be documented to show the exercise of the delegated authority
at the time the office employee communicates to the pharmacy the order to
refill;
5. the office employee who
has the delegated authority and the veterinarian shall sign the written
protocol; and
6. the written
protocol shall be made available to the pharmacy at issue on request.
O. A veterinarian licensed by the
board may lawfully prescribe and/or dispense Rompun (legend drug), Telazol
(controlled substance), and/or Ketamine (controlled substance), or a mix of
these drugs, to a deer farmer licensed by, and in good standing with, the
Department of Agriculture and Forestry only under the following terms and
conditions.
1. For the purpose of this
Section, deer, deer farmer, and deer
farm operation shall apply to cervids only which are further
exclusively defined as imported exotic deer and antelope,
elk and farm raised white tail deer as
defined in R.S. 3:3101 et seq.
2. The veterinary-client-patient relationship
must first be established, and thereafter maintained, as defined in
§700 and
§705. A 2
3. The veterinarian shall be familiar with
the deer farm operation at issue and have general knowledge of the species and
numbers of animals on the premises.
4. The licensed deer farmer shall personally
maintain a perpetual written inventory of the drugs referenced in this Section,
including the following information:
a. name
of drug and date purchased;
b. name
and address of veterinarian the drug was purchased from and a written
receipt;
c. amount
purchased;
d. date of each
use;
e. amount used for each
administration;
f. reason for each
administration;
g. the identity of
each animal by electronic device, tattoo and/or tag upon capture; and
h. the date and amount of drug wasted,
spilled or lost.
5. The
licensed deer farmer shall comply with all state and federal laws regarding the
storage of the drugs, and the perpetual written inventory, in a double locked
container when not in use.
6. The
licensed deer farmer who obtains the drugs from the veterinarian shall be the
only person allowed to use or administer the drugs on his deer and for capture
purposes only.
7. Prior to
obtaining the referenced drugs, the licensed deer farmer must successfully
complete a board approved chemical capture course. The veterinarian prescribing
and/or dispensing the drugs must initially obtain and maintain in his records a
copy of the deer farmer's current license issued by the Department of
Agriculture and Forestry and a copy of the licensed deer farmer's current
certificate verifying successful completion of the chemical capture course
approved by the board. The licensed deer farmer must successfully complete a
board approved chemical capture course every three consecutive calendar
years.
8. The veterinarian may only
lawfully prescribe and/or dispense the drugs referenced herein in minimal
quantities based on the size of the herd at issue and the history of prior use,
if applicable, of the drug or drugs requested by the licensed deer
farmer.
9. Upon requesting a refill
of, or an additional permissible amount of a drug, the licensed deer farmer
shall provide to the prescribing and/or dispensing veterinarian a copy of the
deer farmer's current license issued by the Department of Agriculture and
Forestry, a copy of the current certificate verifying successful completion
within the last three consecutive calendar years of the chemical capture course
approved by the board, and a copy of the perpetual written inventory, as well
as return all empty or sealed containers of the drugs in the case of a refill.
The copy of the deer farmer's current license, the copy of the current
certificate verifying successful completion within the last three consecutive
calendar years of the board approved chemical capture course, the copy of the
perpetual written inventory, and all empty or sealed containers shall be kept
by the veterinarian for his record keeping purposes as required in
§701
10. Any prescribing and/or
dispensing veterinarian who has reason to believe that a licensed deer farmer
is not in compliance with the items and conditions of this Section, or is
otherwise abusing the privileges established by this Section, shall notify, in
writing, the board and the Department of Agriculture and Forestry
immediately.
11. The prescribing
and/or dispensing veterinarian shall comply with all state and federal laws
and/or regulations regarding the prescribing and/or dispensing of Rompun
(legend drug), Telazol (controlled substance), Ketamine (controlled substance),
or a mix of these drugs, to a deer farmer licensed by, and in good standing
with, the Department of Agriculture and Forestry.
12. Any prescribing and/or dispensing
veterinarian who violates, or otherwise fails to comply with this Section, or
any part thereof, including all state and federal laws and/or regulations,
shall be guilty of unprofessional conduct within the meaning of
R.S.
37:1526(14).
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1518.
