Statement of Scope
VETERINARY EXAMINING BOARD
Chs. VE 1 to 10, Wis. Adm. Code
Licensing, Practice Scope, and Standard of Practice for Veterinarians and Veterinary Technicians.
1. Description of the objective of the rule:
The objective of the proposed rule is to reorganize existing Veterinary Examining Board (VEB) requirements for purposes of clarity and to codify existing licensing policies and fees. Most notably, the VEB proposes to consolidate the ten current administrative chapters into three subject areas relating to veterinarians, veterinary technicians, and a professional assistance program, respectively. Also, the VEB proposes to review, revise, and update the current provisions of the code.
2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives; the history, background and justification for the proposed rule:
2015 Wisconsin Act 55 transferred the VEB from the Department of Safety and Professional Services (DSPS) to the Department of Agriculture, Trade and Consumer Protection (DATCP). However, most of the general licensing rules, specifying the procedures and requirements for all boards under DSPS, were not transferred to DATCP’s portion of the Administrative Code, including the rules that specified the amount of license fees, late fees, testing fees, and the like. While the VEB, now under the umbrella of DATCP, continues to employ the same procedures and fees that were employed when the VEB was affiliated with DSPS, the referenced fee structure and administrative practices should be expressly stated in the rule, so that applicants will have notice of what is expected of them and of what fees are requisite to obtain a veterinarian license or veterinary technician license. Meanwhile, the current rules, consisting of Chapters VE 1 through VE 10, are denominated as follows:
1. Authority and Definitions;
3. Licensure by Examination for Veterinarians;
4. Licensure by Endorsement for Veterinarians;
5. Practice Related to Veterinary Schools;
6. Temporary Consulting Permits;
7. Standards of Practice and Unprofessional Conduct for Veterinarians;
8. Certification for Veterinary Technicians;
9. Standards of Practice and Unprofessional Conduct for Veterinary Technicians; and
10. Continuing Veterinary Education for Veterinarians and Veterinary Technicians.
Another chapter, VE 11, Veterinary Professional Assistance Program, is currently in the rule-making process. These eleven smaller chapters would be condensed into three larger chapters. Additional chapters may be created if necessary. Each chapter would include applicable definitions.
It is contemplated that existing procedures, but no new policies, will be reflected in the proposed rule. All fees will remain the same but will be codified in the proposed rule.
Should the VEB not modify the existing rule, the amounts of fees will not be specified in the code. Furthermore, current requirements relating to veterinarians and veterinary technicians will remain scattered across multiple rules, making the rules more opaque and more difficult to understand.
3. Statutory authority for the rule (including the statutory citation and language):
Under Wis. Stat. ch. 89, the VEB has the authority and an obligation to “promulgate rules… establishing the scope of practice permitted for veterinarians and veterinary technicians.” The VEB “shall review the rules at least once every 5 years to determine whether they are consistent with current practice.” Wis. Stat. § 89.03. The VEB must “promulgate rules requiring training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the practice of veterinary medicine” and may “promulgate rules relating to licensure qualifications, denial of a license, certification, or temporary permit, unprofessional conduct, and disciplinary proceedings.” Wis. Stat. § 89.03. Regarding the authority pertaining to fees, the statutes grant authority to the Department who “shall determine by rule the fees for each initial license, certification, and permit issued.” Wis. Stat. § 89.063.
4. Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that it will use approximately .50 FTE staff to develop this rule. That calculation includes time required for investigation and analysis, drafting the rule, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. The Department will use existing staff to develop this rule.
5. Description of all entities that may be impacted by the rule:
This rule will have a direct impact on veterinarians and veterinary technicians licensed by the VEB.
6. Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule:
Pursuant to 9 CFR 160 to 162, a veterinarian must be specifically authorized by the Animal and Plant Health Inspection Service to perform animal disease eradication and control functions under federal animal health laws.