The Board has received several inquiries regarding what are the allowable duties for a DVM graduate who has not yet passed the NAVLE. The Louisiana Veterinary Practice Act prohibits “the practice of veterinary medicine” in Louisiana as broadly defined in the Practice Act by anyone other than a “…licensed veterinarian or the holder of a valid temporary permit issued by the board” (La. R.S. 1514). There are notable exceptions, of course, within the Practice Act (e.g. a regular student in a veterinary school performing duties or actions assigned by his instructor or working under the direct supervision of a licensed veterinarian during a school vacation period) but where inapplicable at least a temporary permit is required. The Practice Act allows the Board to issue a temporary permit only “pending examination”, which expires the day after notice of the results of the examination, and this is not allowed to an applicant who “has previously failed the examination…” (La. R.S. 1523).
The issue then becomes what duties otherwise constituting the practice of veterinary medicine can be delegated to a person not licensed by the Board by a licensed veterinarian. Board Rule §700 defines the status of “unlicensed veterinarians” as those persons “who have completed an approved, accredited program of instruction and who have received a degree as a Doctor of Veterinary Medicine…but who have not been licensed by the board to practice veterinary medicine in the state of Louisiana”. Rule §702.E then provides, in pertinent part, “Unlicensed veterinarians…shall not practice veterinary medicine until such time as they are licensed by the state of Louisiana. An unlicensed veterinarian may only function as a veterinary assistant under direct supervision…”.
The duties an employee may perform under the direct supervision of a licensed veterinarian are set out generally in Rule §702, which reads in part: “…treatment is being performed on the order or prescription of a licensed supervising veterinarian, except that no unlicensed person may perform surgery, diagnosis, prognosis, or the prescribing of drugs, medicines, or appliances.”
In short, without being issued a license by the Board, a DVM graduate who has not yet passed the NAVLE would have the status of a lay veterinary assistant. Those duties that cannot be delegated to lay assistants include diagnoses, prognoses, the prescribing of drugs/appliances and surgery, among others that are specifically addressed by board rule – e.g. equine dental services. One would not be allowed to act as a “veterinarian in training” whose work is supervised (working under) by a licensee but could only act as a lay assistant, with duties that would not include those that could be delegated to an RVT. Louisiana law does not provide for “internships” outside those regulated within the LSU School of Veterinary Medicine, nor are preceptorships prior to licensure required or allowed anymore. There are no intermediate certifications following graduation and before full licensure that apply to a graduate who has not yet passed the NAVLE.
What are the penalties for practicing without a valid, active Louisiana license or aiding in the practice without a license? Consistent with Rule §301.E, the Board shall reject the application of an applicant who has practiced veterinary medicine in this state without a license, temporary permit, or exception from licensure as provided by La. R.S. 37:1514. The Board may also take civil action against any applicant who is engaged in the unlawful practice of veterinary medicine without a license.
Additionally, the Board may take administrative action against a licensed veterinarian who aids or encourages the practice of veterinary medicine by a DVM graduate who has not yet passed the NAVLE and has not yet been issued a license by the Board. Statute §1526 permits the Board to assess a fine not to exceed the sum of one thousand dollars ($1,000), revoke or suspend for a specified time the license of, or otherwise discipline, any licensed veterinarian for having professional association with or employing any person practicing veterinary medicine unlawfully.
View the full Annual Report to Licensees – Volume 32, No. 1 – Fall ’24 (October).