VEB Docket No. 16-VER-1
Rules Clearinghouse No. TBD  
Hearing Draft
October 28, 2016
The Wisconsin veterinary examining board hereby proposes the following rule to amend VE 1.02 (9); relating to the definition of veterinary medical surgery, and affecting small business.
Analysis Prepared by the Veterinary Examining Board
The Wisconsin Veterinary Examining Board (VEB) proposes a rule revision for ch. VEB 1, Wis. Adm. Code, to broaden the definition of surgery removing the limitation in s. VEB 1.02 (9), Wis. Adm. Code, to procedures that are for therapeutic purposes, and also specifying additional procedures exempted from the definition.
Statutes Interpreted
Statute Interpreted: ss. 89.01 (6) and 89.05 (1), Stats.
Statutory Authority
Statutory Authority: s. 89.03 (1), 227.10 and 227.11, Stats.
Explanation of Statutory Authority
VEB has specific authority, under the provisions cited above, to adopt rules establishing the scope of practice permitted for veterinarians
Related Statutes and Rules
VEB administers ch. 89, Stats., as well as the administrative rules in VE 1-10, Wis. Adm. Code, and in the administration of these statute and rules, VEB may issue administrative orders imposing discipline for unprofessional conduct related to the practice of veterinary medicine, including issuing an administrative warning to, or reprimanding, any person holding a veterinary medical license, or denying, revoking, suspending, limiting, the person’s license, as specified by statute.
Plain Language Analysis
Currently, in s. VE 1.02 (9), Wis. Adm. Code, the definition of surgery, for veterinary medical practice, is limited to procedures that are for therapeutic purposes. This leaves uncertainty for the profession and the VEB, as to whether surgeries for other purposes, including reproduction and cosmetic changes, are included. A change to the definition is important to clarify that surgical procedures are broader than for therapeutic purposes, only, but also specifying additional procedures not considered surgery. This will ensure all persons, who are subject to these rules, are on notice as to practice conduct falling within the VEB’s jurisdiction.
Summary of, and Comparison with Existing or Proposed Federal Statutes and Regulations
There are no federal regulations governing the practice of veterinary medical surgeries.
Comparison with Rules in Adjacent States
None of the surrounding states of Illinois, Indiana, Iowa, Michigan or Minnesota, have their own definition of surgery for the purpose of practicing veterinary medicine. Illinois does include animal reproductive services in the definition of the practice of veterinary medicine. Iowa does include cosmetic surgery in the practice of the veterinary medicine definition.
Summary of Factual Data and Analytical Methodologies
This rule was developed after consultation with veterinary medical groups and looking at other state rules related to veterinary surgery.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.