The Board has received several inquiries regarding what duties may be delegated to a DVM graduate who has yet to be licensed, irrespective of whether the graduate has successfully passed the NAVLE. The Louisiana Veterinary Practice Act prohibits the “practice of veterinary medicine”, as broadly defined, by anyone other than a “licensed veterinarian or the holder of a valid temporary permit issued by the board”. La. R.S. 37:1514. The Board does not issue temporary permits except in the case of a declared public health emergency by the Governor if it chooses to enact an emergency rule effecting the terms of Section 309 of the Louisiana Administrative Code, 46:LXXXV.
When a practice hires a DVM graduate who does not currently hold a license to practice veterinary medicine in Louisiana, the duties that can be delegated to that graduate are limited by law, and all permissible duties must be performed under the “direct supervision” – i.e. on premises – of the delegating veterinarian. The Louisiana Administrative Code specifies what may not be delegated to an unlicensed veterinarian, who is deemed to hold the status of a lay veterinary assistant. Duties which cannot be delegated to an unlicensed graduate, even under the direct supervision of the veterinarian, include surgery, diagnosis, prognosis or the prescribing of drugs, medicines, or appliances. See Sections 700; 702.E, LAC.
To be clear, the law does not recognize a “veterinarian in training”, or working “under the license” of a supervising veterinarian when the duties assigned exceed those prohibited duties listed above, irrespective of supervision by a licensed veterinarian. There are no “internships” recognized in private practice. The veterinarian delegating duties to the unlicensed DVM graduate is held responsible for knowing these provisions and may be sanctioned by the Board for delegating what is not allowed by law – again notwithstanding supervision. Further, the unlicensed DVM graduate may be prohibited from licensure as an individual practicing veterinary medicine without a license under the Practice Act and Rule 301.E, which provides in part: “…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 R.S. 37:1514, during the two-year period immediately prior to the date of application.” Civil penalties and injunctive relief are also penalties which may be applied to an individual practicing veterinary medicine without a license or temporary permit under the Practice Act, generally.
The board may also take administrative action against the licensed veterinarian delegating impermissible duties to the unlicensed DVM graduate as one who aids or encourages the practice of veterinary medicine by an unlicensed person and, under the Practice Act (Section 1526), which authorizes a fine not to exceed the sum of $1000, and the revocation or suspension for a specified time of the license, where a licensee is convicted of “…Having professional association with or employing anyone practicing veterinary medicine unlawfully.”