La. Admin. Code tit. 46 § LXXXV-705

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXXXV-705 - Prescribing and Dispensing Drugs

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).

La. Admin. Code tit. 46, § LXXXV-705

Promulgated by the Department of Health and Human Resources, Board of Veterinary Medicine, LR 6:71 (February 1980), amended by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:225 (March 1990), LR 19:1329 (October 1993) LR 20:1381 (December 1994), LR 23:1686 (December 1997), LR 24:1932 (October 1998), LR 25:1249 (July 1999), LR 25:1627 (September 1999), LR 27:51 (January 2001), LR 30:797 (April 2004), LR 37:1571 (June 2011).

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