453.065 History
History: 1987 a. 39.
453.065 Cross-reference
Cross Reference: See also ch.
VE 2, Wis. adm. code.
453.068
453.068
Drugs for animal use. 453.068(1)(a)(a)
Extra-label use on animal; prescription required. No person may make extra-label use of a drug on an animal without a prescription or in any manner not authorized by that prescription.
453.068(1)(b)
(b)
Form of prescription. A prescription shall include all of the following:
453.068(1)(b)1.
1. The name and address of the veterinarian and, if the prescription is a written order, the signature of the veterinarian.
453.068(1)(b)3.
3. The species and identity of the patient for which the prescription is issued.
453.068(1)(b)7.
7. If the patient is a food-producing animal, the withdrawal time for the veterinary drug.
453.068(1)(b)8.
8. If the prescription authorizes extra-label use, the manner in which the client may use the drug.
453.068(1)(c)
(c)
Prescribing, dispensing and administering requirements for veterinarian. A veterinarian may not do any of the following:
453.068(1)(c)1.
1. Prescribe for or dispense to a client a veterinary prescription drug or a drug for extra-label use without personally examining the patient unless a veterinary-client-patient relationship exists between the veterinarian, client and patient and the veterinarian determines that the client has sufficient knowledge to administer the drug properly.
453.068(1)(c)2.
2. Prescribe or dispense a veterinary prescription drug to a client unless the veterinarian indicates in the appropriate records described under
sub. (3), within 72 hours after the prescription is issued or the drug is dispensed, that the prescription has been issued or that the drug has been dispensed.
453.068(1)(c)3.
3. Prescribe a drug to a client for extra-label use on a patient unless all of the following apply:
453.068(1)(c)3.a.
a. A veterinary-client-patient relationship exists between the veterinarian, client and patient and the veterinarian has made a careful medical diagnosis of the condition of the patient within the context of that veterinarian-client-patient relationship.
453.068(1)(c)3.b.
b. The veterinarian determines that there is no drug that is marketed specifically to treat the patient's diagnosed condition, or determines that all of the drugs that are marketed for that purpose are clinically ineffective.
453.068(1)(c)3.c.
c. The veterinarian recommends procedures for the client to follow to ensure that the identity of the patient will be maintained.
453.068(1)(c)3.d.
d. If the patient is a food-producing animal, the veterinarian prescribes a sufficient time period for drug withdrawal before the food from the patient may be marketed.
453.068(1)(c)4.
4. Transmit a prescription electronically unless the client approves the transmission and the prescription is transmitted to a pharmacist or veterinarian designated by the client.
453.068(2)
(2) Labeling. A veterinarian or pharmacist may not dispense a drug that has been prepared, mixed, formulated or packaged by the veterinarian or pharmacist unless the veterinarian or pharmacist affixes to the container in which the drug is dispensed a label containing all of the information specified in
sub. (1) (b), except the address of the client. A veterinarian or pharmacist may not dispense a veterinary prescription drug that has been prepackaged by its manufacturer for dispensing unless the veterinarian or pharmacist affixes to the container in which the drug is dispensed a label containing all of the information specified in
sub. (1) (b), except the address of the client. A veterinarian or pharmacist may dispense a veterinary over-the-counter drug without affixing any information to the container in which the drug is dispensed if a label that has been affixed to the container by its manufacturer provides adequate information for its use.
453.068(3)
(3) Prescription records. A veterinarian shall maintain complete records of each veterinary prescription drug that the veterinarian receives, prescribes, dispenses or administers, and of each prescription issued by the veterinarian that authorizes extra-label use. Records of each veterinary prescription drug shall include the name of each veterinary prescription drug that is received, the name and address of the person from whom the drug is received and the date and quantity received, the name and address of the person to whom the drug is dispensed and the date and quantity dispensed and, if the veterinarian prescribes or administers the drug, the information specified in
sub. (1) (b). Records of each prescription authorizing extra-label use shall include the information specified in
sub. (1) (b). A veterinarian shall maintain records of each veterinary prescription drug under this subsection for not less than 3 years after the date on which the veterinarian prescribes, dispenses or administers the drug or extra-label use.
453.068(4)(a)(a)
Inspections. Except as provided in
par. (b), if the examining board has reason to believe that a person is violating or has violated this section, the examining board, the attorney general or the district attorney of the proper county may do any of the following:
453.068(4)(a)1.
1. Inspect the premises on which the person possesses, prescribes, dispenses, labels or administers veterinary drugs.
453.068(4)(a)2.
2. Inspect pertinent records, equipment, materials, containers or facilities that are relevant to determining whether the person is violating or has violated this section.
453.068(4)(b)
(b)
Records exempt from inspection. The examining board, attorney general or district attorney may not inspect a person's financial, pricing, personnel or sales records under this subsection, other than the records described under
sub. (3).
453.068 History
History: 1991 a. 306;
1997 a. 27.
453.07(1)(1) In this section, "unprofessional conduct" includes, but is not limited to:
453.07(1)(a)
(a) Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license or in making a report to the examining board.
453.07(1)(b)
(b) Violating this chapter or
ch. 440 or any federal or state statute or rule which substantially relates to the practice of veterinary medicine.
453.07(1)(c)
(c) Practicing veterinary medicine while the person's ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.
453.07(1)(d)
(d) Engaging in false, misleading or deceptive advertising.
453.07(1)(e)
(e) Making a substantial misrepresentation in the course of practice which is relied upon by a client.
453.07(1)(f)
(f) Engaging in conduct in the practice of veterinary medicine which evidences a lack of knowledge or ability to apply professional principles or skills.
453.07(1)(g)
(g) Obtaining or attempting to obtain compensation by fraud or deceit.
453.07(1)(h)
(h) Violating any order of the examining board.
453.07(2)
(2) Subject to
subch. II of ch. 111 and the rules adopted under
s. 440.03 (1), the examining board may, by order, reprimand any person holding a license, certificate or permit under this chapter or deny, revoke, suspend, limit or any combination thereof, the person's license, certificate or permit if the person has:
453.07(2)(b)
(b) Been adjudicated mentally incompetent by a court.
453.07(2)(c)
(c) Been found guilty of an offense the circumstances of which substantially relate to the practice of veterinary medicine.
453.07(3)
(3) In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a license, certificate or permit under
sub. (2), the examining board may assess against the applicant for or the holder of the license, certificate or permit a forfeiture of not more than $5,000 for each violation of
s. 453.068.
453.07 Cross-reference
Cross Reference: See also ch.
VE 7 and
9, Wis. adm. code.
453.072
453.072
Licensees of other jurisdictions. 453.072(1)
(1) Upon application and payment of the fee specified in
s. 440.05 (2), the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.
453.072(2)
(2) Upon application and payment of the fee specified in
s. 440.05 (6), the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.
453.072 History
History: 1987 a. 39.
453.075
453.075
Access to health care records. The owner of any animal patient of a veterinarian, or any other person who submits to the veterinarian a statement of written informed consent signed by the owner, may, upon request to the veterinarian:
453.075(1)
(1) Receive a copy of the animal patient's health care records upon payment of reasonable costs.
453.075(2)
(2) Have the animal patient's X-rays referred to another veterinarian of the owner's choice upon payment of reasonable costs.
453.075 History
History: 1987 a. 39.
453.08
453.08
Injunctive relief. If it appears upon complaint to the examining board by any person, or if it is known to the examining board, that any person is practicing veterinary medicine without a license, the examining board, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.
453.08 History
History: 1987 a. 39.
