Rule-Making Notices (Hearing Notices)

Effect on Small Business

These proposed rules were reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Committee determined that the fiscal impact on small businesses would be minimal and is justified by the practice improvements required by the rule. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Submission of and Deadline for Comments

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before August 10, 2007 to be included in the record of rule-making proceedings.

Text of Rule

SECTION 1. VE 1.02 (1) is renumbered VE 1.02 (1e).

SECTION 2. VE 1.02 (1) is created to read:

VE 1.02 (1) “Accredited college or university" means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.

SECTION 3. VE 7.01 (5) is created to read:

VE 7.01 (5) “Viable veterinary diagnostic procedures and modes of treatment" means diagnostic procedures and modes of treatment generally considered by the veterinary profession to be within the scope of current, acceptable standards of care.

SECTION 4. VE 7.025 is created to read:

VE 7.025 Disclosure of all viable veterinary diagnostic procedures and modes of treatment. (1) Except as provided in sub. (2), a veterinarian shall inform a client about the availability of all viable veterinary diagnostic procedures and modes of treatment, including the benefits and risks of each, in a manner sufficient to allow the client to make a prudent decision.

(2) A veterinarian is not required to inform a client about the availability of all viable veterinary diagnostic procedures and modes of treatment, or about the benefits and risks of each, in any of the following instances:

(a) When the communication would involve providing detailed technical information relating to procedures that are inherent to a particular diagnostic procedure or mode of treatment.

(b) When the communication would involve providing information relating to diagnostic procedures or modes of treatment which are not viable or which are experimental.

(c) When a veterinarian refers a patient to another veterinarian, the referring veterinarian is not required to inform the client of all viable veterinary diagnostic procedures or modes of treatment that may be provided by the veterinarian to whom the patient is being referred.

(d) When the communication would involve providing information relating to diagnostic procedures or modes of treatment which involve extremely remote possibilities that might falsely or detrimentally alarm the client.

(e) When the communication would involve providing information beyond what a reasonably well-qualified veterinarian treating the same condition would know.

(f) When the client cannot be located.

(g) When the client informs the veterinarian that he or she is not interested in receiving information regarding all viable veterinary diagnostic procedures and modes of treatment.

(h) In emergencies, when failure to provide treatment, including any necessary diagnostic tests relating to that treatment, to stabilize the patient would be detrimental to the patient's health.

SECTION 5. VE 7.03 (2) (q) is created to read:

VE 7.03 (2) (q) Communications of information provided to clients relating to all viable veterinary diagnostic procedures and modes of treatment.

SECTION 6. VE 7.03 (3) (k) is created to read:

VE 7.03 (3) (k) Communications of information provided to clients relating to all viable veterinary diagnostic procedures and modes of treatment.

SECTION 7. VE 7.06 (23) is created to read:

VE 7.06 (23) Failure to inform a client about the availability of all viable veterinary diagnostic procedures and modes of treatment, or about the benefits and risks of each, as required under s. VE 7.025.

SECTION 8. VE 10.03 (4) (g) is created to read:

VE 10.03 (4) (g) A foreign veterinary medical or veterinary technician association, an accredited college or university, or a governmental agency that is, as determined by the board, comparable to a program provider listed under pars. (a) to (f).