(c) Consult with a veterinarian in cases where the animal veterinary technician knows or should know a delegated veterinary act may harm a patient; and .
SECTION 51. VE 9.03 is amended to read:
VE 9.03 Change of name and address. Every animal veterinary technician shall notify the board of a change of name or address within 30 days. Failure of notification may result in the loss of certificate and may result in a fine under s. 440.11 (3), Stats.
SECTION 52. VE 9.035 (2) is amended to read:
VE 9.035 (2) If the certificate holder applies for renewal of the credential 5 or more years after its expiration, the board shall inquire as to whether the applicant is competent to practice as an animal a veterinary technician in this state and shall impose any reasonable conditions on reinstatement of the certificate including reexamination, as the board deems appropriate. An applicant under this subsection is presumed to be competent to practice as an animal a veterinary technician in this state if at the time of application for reinstatement the applicant holds a full unexpired certificate issued by a similar licensing board of another state or territory of the United States or of a foreign country or province whose standards, in the opinion of the board, are equivalent to or higher than the requirements for certification in this state. Notwithstanding any presumption of competency under this subsection, the board shall require each applicant under this subsection to pass the examination specified under s. VE 8.02 (2) and (3).
SECTION 53. VE 9.04 is amended to read:
VE 9.04 Display of certificate. Each animal veterinary technician shall display a current certificate in a manner conspicuous to the public view.
SECTION 54. VE 9.05 (intro.), (1) to (9) and (12) are amended to read:
VE 9.05 Unprofessional conduct. The following acts constitute unprofessional conduct by an animal a veterinary technician and are prohibited:
(1) Performing as an animal a veterinary technician unless supervised as specified under s. VE 7.02 (3), (4) and (7).
(2) Misrepresentation in obtaining an animal a veterinary technician certificate or in performing as an animal a veterinary technician.
(3) Conduct in the practice of animal veterinary technology which evidences a lack of knowledge or ability to apply professional principles or skills.
(4) Gross negligence while performing as an animal a veterinary technician. Gross negligence shall have the meaning specified in s. VE 7.01 (4).
(5) The personal use, misuse or sale other than for medical treatment of patients, of drugs listed in the U.S. controlled substances act of 1970, as amended, or ch. 161, Stats., 1977, other than drugs prescribed by a physician for use by the animal veterinary technician.
(6) Practicing or attempting to practice while the animal veterinary technician has a physical or mental impairment, including impairment related to drugs or alcohol, which is reasonably related to the applicant's ability to adequately undertake the practice of animal veterinary technology in a manner consistent with the safety of a patient or the public.
(7) Being convicted of a crime the circumstances of which substantially relate to the practice of animal veterinary technology.
(8) Violating or aiding and abetting the violation of any law or administrative rule substantially related to the practice of animal veterinary technology.
(9) Having an animal a veterinary technician certificate limited, suspended or revoked or subject to any other disciplinary action in another state or U.S. jurisdiction.
(12) Falsely certifying to the board that the animal veterinary technician is exempt from the requirements of ss. VE 10.03 and 10.04 or falsely certifying that the animal veterinary technician has met certification or continuing veterinary education requirements relating to the use, handling, distribution and disposal of pesticides.
SECTION 55. VE 9.06 is amended to read:
VE 9.06 Board action. The board may reprimand the certificate holder or deny, suspend, limit or revoke the certificate of any person to practice animal veterinary technology who engages in any of the acts prohibited by this chapter.
SECTION 56. Chapter VE 10 (title) is amended to read:
Chapter VE 10
CONTINUING VETERINARY EDUCATION FOR VETERINARIANS
AND ANIMAL VETERINARY TECHNICIANS
SECTION 57. VE 10.01 is amended to read:
VE 10.01 Authority and purpose. The rules in this chapter are adopted by the veterinary examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 (2), 453.03 (1), 453.03 (2) and 453.07 (1) (fm), Stats., and govern the certification and biennial training requirements for veterinarians and animal veterinary technicians relating to the use, handling, distribution and disposal of pesticides.
SECTION 58. VE 10.02 (1) and (2) are amended to read:
VE 10.02 (1) A veterinarian or an animal a veterinary technician who does not personally use or direct the use of pesticides and who does not repackage pesticides for use by others shall be exempt from the requirements of ss. VE 10.03 and 10.04.
(2) Each veterinarian and each animal veterinary technician claiming exemption from the requirements of ss. VE 10.03 and 10.04 shall at the end of the first registration period following March 1, 1992 or at the end of the first registration period following initial registration, and shall at the end of each following registration period, include a statement on his or her application for a certificate of registration certifying that the veterinarian or animal veterinary technician does not personally use or direct the use of pesticides and does not repackage pesticides for use by others. Each veterinarian and each animal veterinary technician so certifying who is associated with or employed by a clinic holding a veterinary clinic permit issued under s. 94.702, Stats., shall include the permit number with the certification.
SECTION 59. VE 10.03 is amended to read:
VE 10.03 Training and certification in the use, handling, distribution, and disposal of pesticides required. Each veterinarian and each animal veterinary technician not exempt under s. VE 10.02 shall at the end of the first registration period following March 1, 1992 or at the end of the first registration period following initial registration, include a statement on his or her application for a certificate of registration certifying that the veterinarian or animal veterinary technician has satisfactorily completed a certification program or other training program acceptable to the board in the use, handling, distribution and disposal of pesticides.
SECTION 60. VE 10.04 (intro.), (1) and (2) are amended to read:
VE 10.04 Continuing education in the use, handling, distribution, and disposal of pesticides required. Each veterinarian and each animal veterinary technician not exempt under s. VE 10.02 shall at the end of the second registration period following March 1, 1992 or at the end of the second registration period following initial registration, and shall at the end of each following registration period, include a statement on his or her application for a certificate of registration as follows:
(1) That the veterinarian or animal veterinary technician has satisfactorily completed 4 credits of acceptable continuing veterinary education in the use, handling, distribution and disposal of pesticides within the 2-year period immediately preceding the application for a certificate of registration; or,
(2) That the veterinarian or animal veterinary technician is currently certified by a certification program acceptable to the board in the use, handling, distribution and disposal of pesticides, and that the veterinarian or animal veterinary technician intends to maintain his or her certification in lieu of the biennial continuing veterinary education requirement.
SECTION 61. VE 10.06 is amended to read:
VE 10.06 (1) Evidence of compliance with the requirements of ss. VE 10.03 and 10.04 shall be retained by each veterinarian or animal veterinary technician through the biennium following the biennium in which the credit or certification was acquired.
(2) The board may audit compliance by requiring a veterinarian or animal veterinary technician to submit his or her evidence of compliance to the board for the biennium immediately preceding the biennium in which the audit is performed.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 E. Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection (CR 97-125):
Ch. ATCP 29 - Relating to pesticide use and control.
Commerce (CR 97-156):
S. Comm 108.21 (1) (f) - Relating to funding of emergency grants under the community development block grant program.
Corrections (CR 96-180):
Ch. DOC 308 - Relating to administrative confinement of inmates.
Corrections (CR 97-79):
Ch. DOC 309 - Relating to inmate mail, property and phone calls.
Medical Examining Board (CR 97-114):
S. Med 10.02 (2) (zb) - Relating to dispensing or prescribing of controlled substances for the treatment of obesity.
Tourism (CR 97-155):
SS. Tour 1.02, 1.03 and 1.05 - Relating to the joint effort marketing program.
Transportation (CR 97-144):
Ch. Trans 302 - Relating to vehicle marking.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Administration (CR 96-164):
An order creating ch. Adm 66, relating to financial qualifications of manufactured home dealer license applicants.
Effective 03-01-98.
Administration (CR 96-165):
An order repealing ch. Trans 141 and creating ch. Adm 67, relating to manufactured home dealer trade practices, facilities and records.
Effective 03-01-98.
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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.