DATCP Docket 19-R-07
Final Rule Draft
January 18, 2022
PROPOSED ORDER
OF THE STATE OF WISCONSIN VETERINARY EXAMINING BOARD
ADOPTING RULES
______________________________________________________________________________
The Wisconsin Veterinary Examining Board proposes the following permanent rule to repeal and recreate chs. VE 1 to 3; to repeal chs. VE 4 to 10; to amend VE 11.04 (1) (a) and (i), VE 11.10 (1) (d) and (g) 1. and 2.; to renumber VE 11; relating to veterinarians and veterinary technicians. ______________________________________________________________________________
Analysis Prepared by the Veterinary Examining Board
The proposed rule makes structural changes, minor language changes, and telehealth changes.
Explanation of Statutory Authority
Wis. Stat. § 89.03 authorizes the Veterinary Examining Board (Board) to promulgate rules related to the practice of veterinary medicine. Wis. Stat. § 89.063 authorizes the Department of Agriculture, Trade and Consumer Protection (Department) to determine by rule applicable fee amounts. Related Statutes and Rules
Wis. Admin. Code chs. VE 1 to 11.
Plain Language Analysis
The proposed rule makes structural changes, minor language changes, and telehealth changes as described below.
Structural Changes
— Consolidates the eleven existing rule chapters into three chapters: one for veterinarians, one for veterinary technicians, and one for the professional assistance program. Consolidation makes the rules easier to access quickly.
— Adds a chapter for relevant complaint procedures that did not transfer in the previous rules from DSPS to DATCP.
— States the current fee amounts in rule. Fee amounts do not change.
Minor Language Changes
— Makes changes regarding procedures and processes.
— Removes the word annual from references to the review of colleges and technical schools.
— Expands the temporary veterinary permit process to include applicants who are scheduled to take or are awaiting results from the examination on state laws and rules.
— Clarifies that applicants for licensure who have previously been licensed in Wisconsin or another jurisdiction must apply by endorsement.
— Adds for clarity and consistency a section identifying common situations in which the board may require additional information from an applicant when reviewing an application.
— States more clearly that the board may reprimand the licensee or deny, suspend, limit or revoke a credential for cause, including filing an incomplete or fraudulent application, misrepresenting information on an application, or violating the rule chapter or Wis. Stat. ch. 89. — Makes technical changes and updates.
— Adds the denial of a license to the list of reasons for a temporary veterinary permit to expire.
— Allows applicants to provide proof of graduation through the American Association of Veterinary State Boards (AAVSB), which allows for electronic submissions using the AAVSB online system.
— Adds direction in the rules to assure the requirements for access to health care records required in Wis. Stat. s. 89.075 are clear and consistently applied. — Removes an obsolete provision regarding continuing education auditing of journal articles read. The Board previously eliminated the ability to self-study journal articles and mistakenly did not also eliminate this provision regarding auditing.
— Clarifies the continuing education requirements for persons who have not been credentialed for more than 5 years.
— Adds language to clearly state license exemptions.
— Allows veterinarians to delegate additional veterinary medical acts to certified veterinary technicians and unlicensed assistants.
— Allows veterinarians to delegate the placement of intravenous catheters to unlicensed assistants under the direct supervision of the veterinarian present on the premises, per requests from stakeholders.
— Additional changes to the delegation of veterinary medical acts are included in the telehealth section of this summary.
— Makes changes for consistency and ease of use the places in which rule requirements repeat, or refer to requirements in statute.
— Modifies language regarding unprofessional conduct so that it also refers to Wis. Stat. s. 89.07 (1). — Modifies language regarding prescribing and dispensing a veterinary drug to refer to Wis. Stat. s. 89.068 (1) (c). — Makes a correction to the delegation of rabies vaccinations to reflect Wis. Stat. s. 95.21 (2) (a). — Modifies terminology for clarity and consistency.
