LAC 46:LXXXV.1515. Practice and Duties

A. No person shall practice equine dentistry in Louisiana unless issued a certificate of approval by the board or the person qualifies for limited exception to certification as set forth in Subsection F below. B. Pursuant to R.S. 37:1562.C.(1), a registered equine dentist who practices equine dentistry at a location other than at a racetrack shall notify the horse owner's veterinarian prior to the commencement of the practice of equine dentistry. C. Pursuant to R.S. 37:1562.C.(1), in the event that the horse owner does not have a veterinarian, the equine dentist shall obtain a referral from a veterinarian licensed by the board who has established a veterinarian-client-patient relationship as defined in §700. Such referral must be documented by the veterinarian to include: 1. the establishment of the veterinarian-patient-client relationship as defined in §700 prior to referral; and 2. that the referral veterinarian is readily accessible by beeper or cell phone as well as present within a 30 mile radius of and 30 minutes or less travel time from the treatment site; 3. the referral veterinarian must submit a copy of the written referral which must be received by the registered equine dentist within seven days from the referral; 4. such documentation shall be made part of the records maintained by the veterinarian and the registered equine dentist. D. Pursuant to R.S. 37:1562.C.(2), prior to the initiation of an extraction of first premolar teeth (wolf teeth), the registered equine dentist shall notify and obtain the approval of the equine owner's veterinarian or referral veterinarian. E. Duties 1. Prohibition on Drugs. A registered equine dentist shall not prescribe, recommend, or administer any legend drug or controlled substance. 2. Record Keeping. A registered equine dentist shall establish and maintain legible records which can provide a veterinarian with a full understanding of the findings concerning and treatment provided to each horse. Each registered equine dentist shall maintain an individual record on each horse to include, but not limited to, the following: a. owner's name, address, and phone number; identifying information concerning the horse, which shall include name, permanent identification marks, age, sex, and color; nature of dental complaint; method of restraint used during a procedure; type of dental procedure performed; description of the outcome of the procedure; and recommendations, if any, to the owner following the procedure; b. original of written notifications submitted to veterinarians regarding treatment; c. records shall be maintained for at least five years; d. records are the responsibility and property of the registered equine dentist. The registered equine dentist shall maintain such records and shall not release the records to any person other than the client or a person authorized to receive the records for the client, except that the registered equine dentist shall provide any and all records as requested by the board to the board; and e. copies of records shall be provided to the client or the client's authorized representative upon written request of the client. A reasonable charge for copying and providing records may be required by the registered equine dentist. F. With proper training and under the direct supervision of a licensed veterinarian, a layperson or registered veterinary technician employed by a licensed veterinarian may perform the rasping (floating) of molar, premolar, and canine teeth and the removal of deciduous incisor and premolar teeth (caps) of a horse. However, a layperson or registered veterinary technician shall not extract teeth, amputate large molar, incisor, or canine teeth, extract first premolar (wolf teeth), or repair the damaged or diseased teeth of a horse. 1. The following words and terms, when used in this rule and §710.D, shall have the following meanings. a. Proper Training—prior to providing the procedures stated in Subsection F above, a layperson or registered veterinary technician shall have successfully completed a training program approved by the board which shall consist of classroom instruction and practical courses appropriate to the rasping (floating) of molar, premolar, and canine teeth and removal of deciduous incisor and premolar teeth (caps) of a horse. b. Direct Supervision—the supervising licensed veterinarian shall be readily accessible by beeper or cell phone, as well as physically present within a 30 mile radius of and 30 minutes or less travel time from the premises where the procedure is to be rendered by the layperson or registered veterinary technician. c. Employed by the Licensed Veterinarian—the layperson or registered veterinary technician shall be employed by a licensed veterinarian which shall be demonstrated by the issuance of a W-2 tax statement or other appropriate document evidencing the employment relationship as approved by the board. A layperson or registered veterinary technician working as an independent contractor, partner or any other business arrangement with a licensed veterinarian, shall not be considered employed by the licensed veterinarian for purposes of the limited exception. d. Licensed Veterinarian—a veterinarian licensed by the board. 2. The supervising veterinarian shall establish the veterinarian-client-patient relationship as defined in §700 prior to the rendering of a procedure by the layperson or registered veterinary technician which shall be documented as part of the veterinarian's medical records regarding the horse. The permissible procedures delegated to a layperson or registered veterinary technician is at the discretion of the supervising licensed veterinarian who is ultimately responsible for the acts or omissions of these persons. 3.a. A legible record shall also be maintained on each horse which shall include the owner's name, address and telephone number, and identifying information on the horse, which shall include: i. the name, permanent identification marks, age, sex, and color; ii. the layperson or registered veterinary technician's name, address and telephone number who provided the procedure; iii. nature of dental complaint; iv. method of restrain used during the procedure; v. type of dental procedure and date performed; vi. description of the outcome of the procedure; and vii. recommendations, if any, to the owner following the procedure. b. The supervising veterinarian shall ultimately be responsible to maintain the record set forth herein as part of the medical records of the horse. 4. The layperson or registered veterinary technician shall not prescribe, recommend, or administer any legend drug or controlled substance. 5. The layperson or registered veterinary technician shall not be identified or referred to as a registered equine dentist, and shall not bill, directly or indirectly, the client or owner of the horse for services rendered. The employing veterinarian shall bill the client or owner of the horse for the services rendered by the layperson or registered veterinary technician. 6. A supervising licensed veterinarian who violates, or otherwise fails to comply with this rule, or any part thereof, including any applicable state and federal laws and/or regulations, shall be guilty of unprofessional conduct within the meaning of R.S. 37:1526(14).