Who can lawfully perform these services on animals?
by Michael Tomino, Board
Counsel
As I have referenced in
past articles, the Louisiana Board of Veterinary Medicine (the "Board")
is mandated by law to license and regulate the practice of veterinary
medicine in Louisiana so as to insure the health, safety and protection
of the animals which receive such services, the animals’ owners and the
public. The Board has the exclusive jurisdiction to regulate the
practice of veterinary medicine and those services performed on animals
which fall within its scope as defined by the LA Veterinary Practice Act
and the Board’s Rules.
The Board has received
several requests regarding the legality to a non-veterinarian performing
rehabilitation and alternative therapies on animals, including
chiropractic treatment, physical therapy and massage. The Board has
carefully reviewed these inquiries and responded accordingly. It is the
purpose of this article to review the law, and the Board’s clear
interpretation of the law, regarding rehabilitation and alternative
therapies as performed on animals. At the outset, it must be stated
that the Board’s opinion on this topic is based on who is qualified, and
recognized by law, to make an on-going diagnosis or evaluation regarding
an animal’s medical condition.
LSA R.S. 37:1513 (4) (a)
of the Louisiana Veterinary Practice Act defines "practice of veterinary
medicine" to mean:
to diagnose, treat,
correct, change, relieve, or prevent animal disease, deformity, defect,
injury, or other physical or mental conditions; including the
prescription or administration of any
drug, medicine, biologic apparatus, application, anesthetic,
or therapeutic or diagnostic substance or technique, and the
use of any manual or mechanical procedure for testing for pregnancy, or
for correcting sterility, or infertility, or to render advice or
recommendation with regard to any of the above. (Underscore added
for emphasis.)
The Board’s main concern with
respect to any procedure performed by someone on the animals of another, is
whether that person has sufficient education and training not only to protect
the animal and hence the owner and the public, but also to prevent adverse
effects, and more important, the possible spread of illness and disease. Such
concern also applies to the “rendering of advice or recommendation” regarding
the provision of rehabilitation and alternative therapies on animals which is
also specifically included in the definition of the practice of veterinary
medicine.
The application of
rehabilitation and alternative therapies, including chiropractic treatment,
physical therapy and massage, to an animal would involve treating, correcting,
changing, relieving, or preventing animal disease, deformity, defect, injury,
or other physical conditions which by its very nature defines the practice of
veterinary medicine. Furthermore, during the provision of rehabilitation and
alternative therapies there is an on-going evaluation or diagnosis of the
animal’s condition which may require further medical treatment.
Another question which has
arisen is whether or not the provision of rehabilitation and alternative
therapies can lawfully be performed by an employee under the direct
supervision of a licensed veterinarian pursuant to Rule 702. Rule 702A2
provides, in pertinent part, the following:
Treatment is being performed
on the order or prescription of
the licensed, supervising
veterinarian, except that no unlicensed
person may
perform...diagnosis....(Underscore
added for emphasis.)
Furthermore, Rule 712, which
specifically addresses alternative therapies provides, in pertinent part,
that:
Alternative therapies
including, but not limited to, ultrasonography,
magnetic field therapy,
holistic medicine, chiropractic treatment,
acupuncture, and laser therapy
shall be performed only by
a licensed veterinarian or
under the direct supervision of a
licensed veterinarian,
except that no unlicensed person may
perform ...diagnosis....(Underscore
added for emphasis.)
Therefore, based upon the
Section 1513(4)(a) of the LA Veterinary Practice Act, as well as the exception
provision in Rules 702A2 and 712, it is the Board’s opinion that the provision
of rehabilitation and alternative therapies are clearly included within the
scope of practice of veterinary medicine which is regulated by the Board. In
addition, the provision of rehabilitation and alternative therapies on
animals, including chiropractic treatment, physical therapy and massage,
necessarily involve an on-going diagnosis or evaluation which prevents any
unlicensed person from performing such procedure, even under the direct
supervision of a veterinarian.
In other words, the provision
of rehabilitation and alternative therapies, including chiropractic treatment,
physical therapy and massage, to non-human animals by an individual not
licensed by the Board to practice veterinary medicine would be a violation of
the Louisiana Veterinary Practice Act and the Board’s Rules.
As an aside, the Board has
recently addressed inquiries in which the concept of “consultant” was raised.
More specifically, the question presented was whether or not a health care
professional, not licensed by the Board, may lawfully act as a consultant to a
veterinarian licensed by the Board. With regards to “consultant,” Section
1514(4) of the Practice Act also states that the law “should not be construed
to prohibit a veterinarian regularly licensed in another state from consulting
with a licensed veterinarian in this state.”
Therefore, a person may, if
licensed in another state to practice veterinary medicine, consult with a
veterinarian licensed in Louisiana with two provisos. First, the veterinarian
licensed in Louisiana must have established the
veterinary-client-patient-relationship. Second, even under this scenario, an
out-of-state consulting veterinarian may not lawfully perform any “hands-on”
services to the patient. In summary, the “consultant” must be a licensed
veterinarian and, if he is not licensed by the Board, but rather by a sister
state, he cannot perform “hands-on” services to the patient.
Should you have any
additional questions or comments regarding the content of this article, or
the Board’s opinion on the topic it covers, please do not hesitate to
contact the Board office.