CR 21-062 Rule Text

DATCP Docket 19-R-07

Proposed Hearing Draft

Clearinghouse Rule No.

July 1, 2021

PROPOSED ORDER

OF THE STATE OF WISCONSIN   VETERINARY EXAMINING BOARD

ADOPTING RULES

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The Wisconsin Veterinary Examining Board proposes the following permanent rule to repeal VE 1 to 10; to create VE 1 to 3; to renumber VE 11; relating to veterinarians and veterinary technicians.

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Analysis Prepared by the Veterinary Examining Board

The proposed rule makes structural changes, minor language changes, and telehealth changes.

Statutes Interpreted

Statutes interpreted: Wis. Stat. ss. 89.03 and 89.063

Statutory Authority

Statutory authority: Wis. Stat. ss. 89.03 and 89.063

Explanation of Statutory Authority

Wis. Stat. s. 89.03 authorizes the Veterinary Examining Board (Board) to promulgate rules related to the practice of veterinary medicine.

Wis. Stat. s. 89.063 authorizes the Department of Agriculture, Trade and Consumer Protection (Department) to determine by rule applicable fee amounts.

Related Statutes and Rules

Wis. Admin. Code chs. VE 1 to 11.

Plain Language Analysis

The proposed rule makes structural changes, minor language changes, and telehealth changes as described below.

Structural Changes

-Consolidates the eleven existing rule chapters into three chapters: one for veterinarians, one for veterinary technicians, and one for the professional assistance program. Consolidation makes the rules easier to access quickly.

-Adds a chapter for relevant complaint procedures that did not transfer in the previous rules from DSPS to DATCP.

-States the current fee amounts in rule. Fee amounts do not change.

Minor Language Changes

-Makes changes regarding procedures and processes.

-Removes the word annual from references to the review of colleges and technical schools.

-Expands the temporary veterinary permit process to include applicants who are scheduled to take or are awaiting results from the examination on state laws and rules.

-Clarifies that applicants for licensure who have previously been licensed in Wisconsin or another jurisdiction must apply by endorsement.

-Adds for clarity and consistency a section identifying common situations in which the board may require additional information from an applicant when reviewing an application.

-States more clearly that the board may reprimand the licensee or deny, suspend, limit or revoke a credential for cause, including filing an incomplete or fraudulent application, misrepresenting information on an application, or violating the rule chapter or Wis. Stat. ch. 89.

-Makes technical changes and updates.

-Adds the denial of a license to the list of reasons for a temporary veterinary permit to expire.

-Allows applicants to provide proof of graduation through the American Association of Veterinary State Boards (AAVSB), which allows for electronic submissions using the AAVSB online system.

-Adds direction in the rules to assure the requirements for access to health care records required in Wis. Stat. s. 89.075 are clear and consistently applied.

-Removes an obsolete provision regarding continuing education auditing of journal articles read. The Board previously eliminated the ability to self-study journal articles and mistakenly did not also eliminate this provision regarding auditing.

-Clarifies the continuing education requirements for persons who have not been credentialed for more than 5 years.