Rule-Making Notices (Hearing Notices)

Wisconsin Admin. Code section VE 1.02 and Chapters VE 7, 8, and 9

Plain language analysis

The Veterinary Examining Board is mandated by s. 453.03 (1), Stats., to review its rules once every 5 years for the purpose of bringing the rules into conformity with current practices within the Veterinarian profession. In so doing, the Board has taken this opportunity to draft provisions covering various topics in its rules. The topics include defining terms such as surgery and advertising, and delineating the information that should be in a patient's records. With regard to patient records the proposed rule specifically proposes to amend ss. VE 7.03 (1), (2), and (3) to reflect items required in the patient records for small animals, farm animals, and equine patients. The proposed rule also gives consideration to advertising as a specialist when one is not properly credentialed to do so.

Summary of, and comparison with, existing or proposed federal regulation

None.

Comparison with rules in adjacent states

Illinois:

Veterinary professionals that fail to maintain medical records in Illinois violate the Standards of Professional Conduct ILL. Admin. Code tit. 68 §1500.50 Medical records may include, but are not limited to: patient identification information, client identification information, dated reason for visit and pertinent history, physical exam findings, and diagnostic, medical, surgical or therapeutic procedures performed. Medical records must be kept for a minimum of 5 years from the last contact with the patient.

Iowa:

Iowa's statutes and administrative rules are silent as to the requirements for medical records.

Michigan:

Michigan requires medical records must be maintained for a minimum of 3 years from the date of the last veterinarian service. Records may be maintained in written, electronic, audio or photographic format. Mich. Admin. Code r. 338.4921 The required information in the medical records includes, but is not limited to, the following: identification of the species of the patient, date of the last veterinary service, name, address, and telephone number of the client, vaccination history if known, and results of the physical examination. Michigan statutes and administrative rules are silent on advertising requirements for Veterinary professionals.

Minnesota:

Minnesota Veterinarians may generate either a written or computer record which details the name, address, and telephone number of the owner, identity of the animals, including age, sex, and breed, date of examination or treatment and surgery, a brief history of the condition of each animal, herd, or flock, examination findings, laboratory and radiographic reports, tentative diagnosis, treatment plan, and medication and treatment. Records must be kept for 3 years after the last visit. Minn. r. 9100.08000 subp. 4

Summary of factual data and analytical methodologies

The Veterinary Examining Board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

None.

Environmental Assessment/Statement

None.

Agency Contact Person

Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
VE 1.02, 7, 8, 9
3. Subject
Standards of practice and unprofessional conduct of veterinarians and veterinarian technicians
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (1) (g)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
This rule does not present a policy problem. The goal of the proposed rule is to modernize outdated provisions in the Veterinary Examining Board's administrative code in order to create consistency between the code as it now exists and current veterinary practice. The proposed rule accomplishes this goal by (1) defining specific terms such as client and surgery, (2) clarifying provisions regarding unprofessional conduct, and (3) enumerating the information that must be contained in individual patient's medical records in s. VE7.03 (2) and VE 7.03 (3).
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The proposed rule will primarily affect licensed veterinarians and licensed veterinary technicians. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This proposed will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The main benefit of implementing the proposed rule is to bring relevant Wis. Admin .Code into conformity with current practice within the profession.
14. Long Range Implications of Implementing the Rule
This rule will provide greater guidance to licensed veterinarians and licensed veterinary technicians in maintaining the ethical standards within their profession.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: Veterinary professionals that fail to maintain medical records in Illinois violate the Standards of Professional Conduct ILL. Admin. Code tit. 68 §1500.50. Medical records may include, but are not limited to: patient identification information, client identification information, dated reason for visit and pertinent history, physical exam findings, and diagnostic, medical, surgical or therapeutic procedures performed. Medical records must be kept for a minimum of 5 years from the last contact with the patient. Iowa: Iowa's statutes and administrative rules are silent as to the requirements for medical records.
Michigan: Michigan requires medical records must be maintained for a minimum of 3 years from the date of the last veterinarian service. Records may be maintained in written, electronic, audio or photographic format. Mich. Admin. Code r. 338.4921. The required information in the medical records includes, but is not limited to, the following: identification of the species of the patient, date of the last veterinary service, name, address, and telephone number of the client, vaccination history if known, and results of the physical examination. Minnesota: Minnesota Veterinarians may generate either a written or computer record which details the name, address, and telephone number of the owner, identity of the animals, including age, sex, and breed, date of examination or treatment and surgery, a brief history of the condition of each animal, herd, or flock, examination findings, laboratory and radiographic reports, tentative diagnosis, treatment plan, and medication and treatment. Records must be kept for 3 years after the last visit. Minn. r. 9100.08000 subp. 4
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services —
Veterinary Examining Board

rulemaking_notices CR 13-032 CR 13-032

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss. 15.08 (5) (b), 227.11 (2) (a), and 453.03 (1), Wis. Stats., and interpreting s. 453.03 (1), Wis. Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal ss. VE 2.04 and 3.05(1) (a); to renumber s. VE 5.03 (1) (e); to renumber and amend s. VE 3.05 (1) (b); to amend ss. VE 3.01 (2), 3.05 (5), and 4.01 (2) (a) and (3); and to create s. VE 5.03 (1) (b), relating to licensure, temporary permits, and examinations.

Hearing Information

Date:   Wednesday, May 29, 2013
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 121
  Madison, WI

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received at or before the public hearing to be held on May 29, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail].

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 453.03 (1), Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) (a), and 453.03 (1), Stats.

Explanation of agency authority

Examining boards are generally authorized by ss. 15.08 (5) (b), and 227.11 (2) (a), Stats., to promulgate rules for its own guidance and for guidance within the profession and to promulgate rules interpreting any statute enforced or administered by it. Section 453.03 (1), Stats. specifically authorizes the Veterinary Examining Board to draft rules, “relating to licensure qualification, denial of a license, certificate or temporary permit, unprofessional conduct and disciplinary proceedings." Therefore the Veterinary Examining Board is authorized both generally and specifically to draft these rules.

Related statute or rule

Wisconsin Admin. Code chapters VE 2, 3, 4, 5, and 6.

Plain language analysis

This proposed rule draft addresses several problems. First, the proposed rule eliminates the provision that allows applicants who failed their examination to review the exam. Now that the test is administered electronically, an applicant may retake the test at any time. Since the exam may be taken more frequently, it is not feasible for the Department to provide the materials for the review process. Second, the proposed rule would remove an outdated reference to November 1st in s. VE 3.05 (1). Third, the rule will adjust the hours necessary to qualify for licensure by endorsement allowing greater access to veterinarians who wish to practice in Wisconsin. Fourth, the proposed rule updates language concerning temporary permits. Lastly, the proposed rule will add a provision requiring applicants for post graduate training permits to submit evidence that he or she has received a degree from a school of veterinary medicine or its equivalent.

Summary of, and comparison with, existing or proposed federal regulation

None

Comparison with rules in adjacent states:

Illinois: Illinois repealed its regulations regarding temporary permits. Applicants seeking licensure by endorsement must certify from the licensing authority in each jurisdictions in which the applicant has ever been licensed or is currently licensed: (1) the time during which the applicant was licensed, (2) whether the file on the applicant contains any record of disciplinary actions taken or pending and (3) a brief description of the examination and the grades received. Applicants must also certify that they have graduated from an approved program of veterinary medicine and surgery ILL Admin. Code tit.68 Title §1500.30 (2012)

Iowa: A temporary educational permit is issued to applicants that are currently in an internship or residency training program at Iowa State University College of Veterinary . Iowa Admin. Code r. 811-9.1 (169) (2012). Iowa also issues a temporary in-state practice permit to, “a person who has (1) graduated from an AVMA-accredited or AVMA-listed school of veterinary medicine or has received an ECFVG or PAVE certificate. [and] (2) Is licensed in good standing in another jurisdiction." Iowa Admin. Code r.811-9.1 (2) (2012)

A license by endorsement is issued in Iowa if the applicant: “ (a) has graduated from an accredited college of veterinary medicine or has received a certificate from the educational commission for foreign veterinary graduates at least five years prior to application, (b) Has actively practiced for a least two thousand hours during the five years preceding application, (c) has not previously failed and not subsequently passed a veterinary licensing examination in [Iowa], (d) holds a current license to practice veterinary medicine in another state or United Sates territory or province of Canada, [and] (e) is not subject to license investigation, suspension, or revocation in any state, United States territory or province of Canada." Iowa Code § 169.10 (2013).

Michigan: The Michigan Board of Veterinary Medicine issues a license by endorsement to persons who have, “graduated from a board-approved veterinary college or obtained a certificate or obtained a certificate from the educational commission for foreign veterinary graduates of the American veterinary medical association." Mich. Admn. Code r.338.4906 (2012). An internet search of Michigan laws did not reveal any provisions regarding temporary permits.

Minnesota: Minnesota may issue without examination a temporary permit to practice veterinary medicine to a person, “who has submitted an application approved by the board for license pending examination, and holds a doctor of veterinary medicine degree or an equivalent degree from an approved or accredited college of veterinary medicine or an ECFVG or PAVE certification. The temporary permit shall expire the day after publication of the notice of results of the first examination given after the permit is issued. No temporary permit may be issued to any applicant who has previously failed the national examination and is currently not licensed in any licensing jurisdiction of the United States or Canada or to any person whose license has been revoked or suspended or who is currently subject to a disciplinary order in any licensing jurisdiction of the United States or Canada." Minn. Stat. §156.073. An internet search of Minnesota statutes and rules did not reveal any provisions regarding license by endorsement.

Summary of factual data and analytical methodologies

The Veterinary Examining Board ensures that the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

None.

Environmental Assessment/Statement [if required]

None.

Agency Contact Person

Shawn Leatherwood Department of Safety and Professional Services, Division of Policy and Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
VE 2, 3, 4, 5, 6
3. Subject
Licensure, temporary permits and examinations
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (1) (g)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
This proposed rule draft addresses several problems. First, the proposed rule eliminates the provision that allows applicants who failed their examination to review the exam. Now that the test is administered electronically, an applicant may retake the test at any time. Since the exam may be taken more frequently, it is not feasible for the Department to provide the materials for the review process. Second, the proposed rule would remove an outdated reference to November 1, 2000, in s. VE 3.05 (1) (b). Third, the rule will adjust the hours necessary to qualify for licensure by endorsement allowing greater access to veterinarians who wish to practice in Wisconsin. Fourth, the proposed rule updates language concerning temporary permits. Fifth, a provision has been added that allows applicants a 10 month window between the time they graduated from school and the applicant's examination period for the North American Licensing Veterinary Examination. Lastly, the proposed rule will add a provision requiring applicants for post graduate training permits to submit evidence that he or she has received a degree from a school of veterinary medicine or its equivalent.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The proposed rule will primarily affect licensed veterinarians and licensed veterinary technicians. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The main benefit of this rule is to allow greater access for veterinary applicants to obtain temporary permits.
14. Long Range Implications of Implementing the Rule
Providing greater guidance to veterinarians and veterinary technicians in maintaining standards within their profession.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: Illinois repealed its regulations regarding temporary permits. Applicants seeking licensure by endorsement must certify from the licensing authority in each jurisdictions in which the applicant has ever been licensed or is currently licensed: (1) the time during which the applicant was licensed, (2) whether the file on the applicant contains any record of disciplinary actions taken or pending and (3) a brief description of the examination and the grades received. Applicants must also certify that they have graduated from an approved program of veterinary medicine and surgery. ILL Admin. Code tit.68 Title §1500.30 (2012) Iowa: A temporary educational permit is issued to applicants that are currently in an internship or residency training program at Iowa State University College of Veterinary Medicine. Iowa Admin. Code r. 811-9.1(1) (169) (2012). Iowa also issues a temporary in-state practice permit to, “a person who has (1) graduated from an AVMA-accredited or AVMA-listed school of veterinary medicine or has received an ECFVG or PAVE certificate. [and] (2) Is licensed in good standing in another jurisdiction." Iowa Admin. Code r.811-9.1 (2) (2012). Michigan: The Michigan Board of Veterinary Medicine issues a license by endorsement to persons who have, “graduated from a board-approved veterinary college or obtained a certificate or obtained a certificate from the educational commission for foreign veterinary graduates of the American veterinary medical association." Mich. Admn. Code r.338.4906 (2012). An internet search of Michigan laws did not reveal any provisions regarding temporary permits. Minnesota: Minnesota may issue, without examination, a temporary permit to practice veterinary medicine to a person, “who has submitted an application approved by the board for license pending examination, and holds a doctor of veterinary medicine degree or an equivalent degree from an approved or accredited college of veterinary medicine or an ECFVG or PAVE certification. The temporary permit shall expire the day after publication of the notice of results of the first examination given after the permit is issued No temporary permit may be issued to any applicant who has previously failed the national examination and is currently not licensed in any licensing jurisdiction of the United States or Canada or to any person whose license has been revoked or suspended or who is currently subject to a disciplinary order in any licensing jurisdiction of the United States or Canada." Minn. Stat. §156.073. An internet search of Minnesota statutes and rules did not reveal any provisions regarding licensure by endorsement
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

This document can be made available in alternate formats to individuals with disabilities upon request.