Since the transfer of the Department of Safety and Professional Services’ (DSPS) limited purposes authority over the VEB in January 2016 to the Department of Agriculture, Trade and Consumer Protection (“DATCP”), the VEB has utilized ch. 89, Stat., and chs. VE 1-10, Wis. Adm. Code, to oversee the operations of the VEB.
Plain Language Analysis
When the VEB was transferred from DSPS to DATCP, the specific administrative code chapters that pertained to its operations were transferred. However, none of the general DSPS administrative code chapters pertaining to all the credentialing boards were made a part of the VE rules, including SPS 7, Professional Assistance Procedure.
To correct this, 2017 Wisconsin Act 59 included an amendment to the statute, relating to the authority of the VEB to write rules, to require the VEB to write rules for a procedure for addressing allegations that a person licensed or certified by the VEB under this chapter has practiced as a veterinarian or veterinary technician while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a person licensed by the VEB under this chapter who requests to participate in the procedure or who requests assistance in obtaining mental health services. In promulgating rules under this subsection, the VEB shall seek to facilitate early identification of chemically dependent veterinarians or veterinary technicians and encourage their rehabilitation. The rules promulgated under this subsection may be used in conjunction with the formal disciplinary process under this chapter. The VEB may contract with another entity to administer the procedure specified under the rules promulgated under this subsection. Federal and Surrounding State Programs
Federal Programs
There are no federal regulations governing professional assistance programs for veterinary professionals.
Surrounding State Programs
In Illinois, a veterinarian who has been determined by a qualified health care professional to be impaired shall enter into an agreement with the state’s Department of Financial and Professional Regulation-Division of Professional Regulation (“Division”), in which the veterinarian agrees to participate in a program designed to provide care and treatment specifically for health care professionals and which has been approved by the Division. The agreement may include, but not be limited to, the length of the program, the status of the licensee while in a treatment program, and a termination clause whereby both parties may terminate the agreement at any time.
There is nothing specific in the Iowa Veterinary Practice Act regarding a veterinary professional assistance program. However, the Act does allow the Iowa Board of Veterinary Medicine to have a licensee submit to a physical or mental examination by a designated physician.
There is nothing in the Michigan Veterinary Practice Act regarding a specific veterinary professional assistance program. However, Michigan has a Health Professional Recovery Committee that includes veterinarians. The purpose of this committee is to establish the general components of the health professional recovery program and a mechanism for monitoring health professionals who may be impaired.
There is nothing in the Minnesota Veterinary Practice Act regarding a specific veterinary professional assistance program. However, the Board has the authority to issue an order directing the regulated person to submit to a mental or physical examination or chemical dependency evaluation. Veterinarians may participate in the state's Health Professionals Services Program.
Data and Analytical Methodologies
The VEB looked at the rules already in place at DSPS and also at other states that have professional assistance programs.
Effect on Small Business
This rule change is anticipated to have an effect on small business, as many veterinarian professionals practice in small businesses. However, as the rule are designed for early identification and treatment of alcohol and other drug and mental health impairments in veterinary professionals, this should have a positive impact on veterinary small businesses in assisting with professional assessment and treatment before the impairment affects the practice. In addition, this rule will also ensure that persons, subject to these rules, are on notice as to procedures, within the VEB’s jurisdiction, that will be utilized in the disciplinary process. Finally, the cost of the program will be absorbed within the current budget of the VEB and no additional fees will be assessed against credential holders to pay for the program.
VEB Contact
Questions and comments related to this this rule may be directed to:
Cheryl Daniels, Board Counsel
Veterinary Examining Board
C/o Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
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EMERGENCY RULE
Section 1. Chapter VE 11 is created to read: VETERINARY PROFESSIONAL ASSISTANCE PROGRAM
VE 11.01 Authority and purpose.
VE 11.02 Definitions.
VE 11.04 Contract for VPAP.
VE 11.06 Referral to and eligibility for disciplinary VPAP.
VE 11.08 Requirements for disciplinary VPAP participation.
VE 11.10 Disciplinary VPAP participation agreement.
VE 11.12 Approval of service providers.
VE 11.14 Approval of drug testing services.
VE 11.16 Records.
VE 11.18 Reports to board.
VE 11.01 Authority and purpose. Pursuant to 89.03 (3), the board adopts these rules specifying a procedure for addressing allegations that a person licensed or certified by the board under this chapter has practiced as a veterinarian or veterinary technician while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a person licensed by the board under this chapter who requests to participate in the procedure or who requests assistance in obtaining mental health services. In promulgating rules under this subsection, the board shall seek to facilitate early identification of chemically dependent veterinarians or veterinary technicians and encourage their rehabilitation. The rules promulgated under this subsection may be used in conjunction with the formal disciplinary process under this chapter.
VE 11.02 Definitions. As used this chapter:
(1) “Complaint" means any written information submitted by any person to the board which requests that a disciplinary proceeding be commenced against a credential holder or which alleges facts, which if true, warrant discipline.
(2) “Credential holder" means a person holding any license, permit, certificate, or registration granted by the board.
(3) “Disciplinary VPAP” means the veterinary professional assistance program that may be utilized, as part of a stipulation by a credential holder and the board, for settling unprofessional conduct by the credential holder.
(4) “Impaired” means the inability of a veterinary professional to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals or other substances, or as a result of any physical or mental condition.
(5) “Impaired veterinary professional” means a credential holder, a veterinarian student studying or working in Wisconsin, or an unlicensed veterinary assistant working in Wisconsin, who voluntarily seeks assistance because of a self-identified alcohol, other drug, or mental health impairment.
(6) “Medical review officer" means a medical doctor or doctor of osteopathy who is a licensed physician and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with an individual's medical history and any other relevant biomedical information.
(7) “Service”, as used in this chapter, means any VPAP-approved provider of assessment, testing, treatment, rehabilitation, monitoring, and support for alcohol, other chemical, and/or mental health impairments. The term includes any person supervising the credential holder while working as a veterinary professional.
(8) “VPAP" means any entity contracted by the board to provide the veterinary professional assistance program on behalf of the board.
VE 11.04 Contract for VPAP. (1) The board may enter into a contract with a nonprofit corporation or medical professional association to provide a veterinary professional assistance program, which may include any or all of the following:
(a)
Contracting with assessment, testing, treatment, rehabilitation, monitoring, or support services, in accordance with the requirements in VE 11.10 and VE 11.12. (b)
Receiving and evaluating reports of suspected impairment from any source. (c) Intervening in cases of verified impairment.
(d) Referring services to impaired veterinary professionals, outside the disciplinary process.
(e) Referring and monitoring services to credential holders, within the board’s disciplinary process.
(f) Providing post-treatment monitoring and support to rehabilitated impaired veterinary professionals, and credential holders in the disciplinary VPAP.
(h) Reporting statistical information regarding impaired veterinary professionals program activity to the board.
(i) Reporting all required information in the disciplinary VPAP, under contract to the board, so the board may carry out its disciplinary authority under s. VE 7.07, Wis. Adm. Code. (2) The VPAP may accept any impaired veterinary professional who voluntarily requests referral to services, if not a credential holder with an outstanding complaint against the holder in the board’s disciplinary process.
(3) Except for information produced for the board under sub. (1) (h), all information, interviews, records, reports, statements, memoranda, or other documents furnished to, or produced by the program, pursuant to sub. (2), are confidential.
VE 11.06 Referral to and eligibility for disciplinary VPAP. (1) The board and VPAP, as part of the contract, shall agree to eligibility criteria for credential holders to be accepted into the disciplinary VPAP, to fulfill the requirements in s. 89.03(3), Stats. (2) The board may stipulate with a credential holder, in the disciplinary process, to refer the credential holder to the VPAP as part of a settlement for uncontested unprofessional conduct on the part of the credential holder. The stipulation shall include language that a referral does not guarantee acceptance of the credential holder by the VPAP and the potential consequences if the credential holder is not accepted in the VPAP or does not complete the terms of acceptance. The stipulation may include other discipline to be completed by the credential holder, separate from the disciplinary VPAP.
(3) The VPAP shall supply a credential holder, who has been referred by the board, an application for participation. As part of the application, the credential holder agrees that all relevant materials from the board’s disciplinary proceedings may be released to the VPAP to make its determination as to the applicant’s acceptance.
(4) The VPAP shall determine the credential holder’s acceptance, based upon the criteria in the contract, by reviewing all relevant materials, including investigative results and the credential holder's application for participation.
(5) The VPAP shall inform the credential holder and board if the holder is ineligible for acceptance. A credential holder determined to be ineligible for the disciplinary VPAP may, within 10 days of notice of the determination, request the board to review the adverse determination.
VE 11.08 Requirements for disciplinary VPAP participation. (1) A credential holder who participates in the disciplinary VPAP shall do all of the following:
(a) Sign a participation agreement with the VPAP, a copy of which shall be provided to the board.
