La. Admin. Code tit. 46 § LXXXV-1039

Current through Register Vol. 50, No. 11, November 20, 2024

Section LXXXV-1039 - Conduct of One's Practice

A. A licensed veterinarian shall conduct his practice on the highest plane of honesty, integrity, and fair dealing with his clients in time and services rendered and in the amount charged for his services, facilities, appliances, and drugs.

B.Prior to the commencement of general anesthesia in a non-emergency situation, when practical, a licensed veterinarian shall have the owner or duly authorized agent of the owner execute an anesthesia consent form which shall be placed in the patient's medical record. The anesthesia consent form shall be in writing and include the following:

1. the owner or duly authorized agent has the authority to execute the consent;

2. the owner or duly authorized agent authorizes the performance of professionally accepted anesthetic procedures necessary for his animal's treatment;

3. the owner or duly authorized agent authorizes the performance of such procedures as are necessary and desirable in the exercise of the veterinarian's professional judgment;

4. the owner or duly authorized agent authorizes the use of appropriate anesthetics;

5. the owner or duly authorized agent has been advised as to the nature of the procedures and the risks involved in performing anesthesia to the animal and that results cannot be guaranteed;

6. the owner or duly authorized agent has read and understands this authorization and consent; and

7. the owner or duly authorized agent signs and dates the form.

C. Subsequent to general anesthesia in an emergency situation, a licensed veterinarian shall have the owner or duly authorized agent of the owner execute an anesthesia consent form which shall comply with the requirements set forth in §1039. B above. A documented, good faith effort by the licensed veterinarian to obtain a signed anesthesia consent form shall be made within five days after the emergency anesthesia.

D. For purposes of §1039. B and C, a situation is an emergency when it is necessary to save an animal's life or relieve suffering by the provision of essential services.

E. In a non-emergency situation where circumstances render it impossible to have the owner or duly authorized agent execute the written anesthesia consent form prior to the administration of anesthesia, oral consent may be obtained from the owner or authorized agent, in which case the oral consent shall be witnessed by one person and documented in the patient's medical record. The licensed veterinarian shall advise the owner or the authorized agent of the risks associated with the use of general anesthesia and that results cannot be guaranteed and shall obtain oral verification the owner or duly authorized agent has the authority to provide consent and understands the information provided.

F. Prior to the commencement of an euthanasia procedure, a licensed veterinarian shall meet personally with the owner or duly authorized agent of the owner and have him execute a euthanasia consent form which shall be placed in the patient's medical record. The euthanasia consent form shall be in writing and include the following:

1. the owner or duly authorized agent has the authority to execute the consent;

2. the owner or duly authorized agent gives full and complete authority to euthanize and dispose of the animal in whatever manner the veterinarian deems appropriate;

3. that to the best of the owner or duly authorized agent's knowledge that animal has not bitten any person or animal during the last 15 days prior to presentation and has not been exposed to rabies;

4. that the owner or duly authorized agent understands euthanasia as personally explained by the veterinarian and gives permission to end the animal's life; and

G. The licensed veterinarian may address the issues of civil liability, payment arrangements and/or other issues of concern in the anesthesia consent form and/or euthanasia consent form, however, the inclusion of such issues are at the discretion of the licensed veterinarian and are not required by the board to be addressed in the forms.

La. Admin. Code tit. 46, § LXXXV-1039

Promulgated by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:230 (March 1990), amended LR 27:1238 ( August 2001), Amended by the Department of Agriculture and Forestry, Board of Veterinary Medicine, LR 501626 (11/1/2024).

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