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 ch. 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. The newly created ch. VE 11, Veterinary Professional Assistance Program, specifies the authority and purpose of the rules; definitions used in the chapter; contracting requirements for a third-party program administrator; use of the confidential voluntary program component by impaired veterinary professionals; referral to and eligibility for credential holders to use the disciplinary program, including participation requirements and agreement terms; approval of service providers, including those providing alcohol, drug or other chemical testing services; record requirements, including confidentiality provisions; and reports to the VEB. The rule ensures early identification of impaired veterinary professionals, as required in statute, by providing that the program has a confidential, voluntary component for those persons, so long as the professional is not a credential holder with an outstanding complaint before the board’s disciplinary process. The rules promulgated under this subsection may be used in conjunction with the formal disciplinary process under this chapter and this rule does so with a disciplinary component in the program that may be utilized through either a stipulation, between a credential holder and board or disciplinary counsel, or a board order. The rule specifies the contracting requirements for another entity to administer the program.
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.
Analysis and Supporting Documents Used to Determine Effect on Small Business
The VEB looked at the current rules in effect under ch. SPS 7, Wis. Adm. Code, with regard to professional assistance programs that apply to other professions, 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 is 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. There were no comments related to any adverse effect on small business, after posting the rule for a two-week period, before the rule was sent to hearing, or during and after having four rule hearings in Eau Claire, Green Bay, Waukesha and Madison.
VEB Contact
Questions and comments related to 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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VE 1.02 Definitions. As used in chs. VE 1 to 1011: Section 2. 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 program.
VE 11.06 Referral to and eligibility for disciplinary program.
VE 11.08 Requirements for disciplinary program participation.
VE 11.10 Disciplinary program participation agreement.
VE 11.12 Approval of service providers.
VE 11.14 Approval of service providers for alcohol, drug or other chemical testing.
VE 11.16 Records.
VE 11.18 Reports to board.
VE 11.01 Authority and purpose. Pursuant to s. 89.03 (3), Stats., 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 s. 89.03 (3), Stats., the board shall seek to facilitate early identification of chemically dependent veterinarians or veterinary technicians and encourage their rehabilitation. The rules promulgated under s. 89.03 (3), Stats., may be used in conjunction with the formal disciplinary process under ch. 89, Stats. 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 counsel” means the attorney bringing complaints against credential holders before the board.
(4) “Disciplinary program” means the component of 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.
(5) “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.
(6) “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, drug or other chemical, or mental health impairment.
(7) “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.
(8) “Program" means any entity contracted by the board to provide the veterinary professional assistance program on behalf of the board.
(9) “Screening panel” means the board committee that reviews complaints to see if investigation by disciplinary counsel is warranted and reviews possible settlements and orders against credential holders.
(10) “Service provider” means any program-approved provider of assessment, testing, treatment, rehabilitation, monitoring, and support for any specified impairments by the use of alcohol, other drugs or chemicals, or of mental health. The term includes any person supervising the credential holder while working as a veterinary professional.
(11) “Voluntary program" means the component of the veterinary professional assistance program that an impaired veterinary professional, as defined in subs. (5), may utilize for assistance with a self-identified alcohol, drug or other chemical, or mental health impairment, through a participation agreement with the program.
VE 11.04 Contract for program. (1) The board may enter into a contract with a nonprofit corporation or veterinary 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 service providers, in accordance with the requirements in VE 11.12 and VE 11.14. The program shall inform all service providers, and update changes in this information as soon as possible, of the employees in the program designated to receive required information from the service provider.(b)
Receiving and evaluating reports of suspected impairment from any source. (c) Intervening in cases of verified impairment.
(d) Signing a confidential participation agreement with impaired veterinary professionals for making referrals to them to utilize services, from service providers contracted with under par. (a), 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 impaired veterinary professionals in the voluntary program and credential holders in the disciplinary program.
(h) Reporting program statistical information to the board.
(i) Reporting all required information in the disciplinary program, so the board may carry out its disciplinary authority under s. VE 7.07, Wis. Adm. Code. (2) The board and the program, as part of the contract, shall agree to eligibility criteria for credential holders to be accepted into the disciplinary program, to fulfill the requirements in s. 89.03 (3), Stats. (3) The board and the program, as part of the contract, shall agree to eligibility criteria for impaired veterinary professionals to be accepted into the voluntary program, to fulfill the requirements in s. 89.03 (3), Stats. The program may not accept a credential holder to the voluntary program, if the board’s disciplinary process has an outstanding complaint against that credential holder. (4) Except for information produced for the board under pars. (1) (h) and (i), all information, interviews, records, reports, statements, memoranda, or other documents furnished to or produced by the program, are confidential.
VE 11.06 Referral to and eligibility for disciplinary program. (1) The board, or disciplinary counsel upon direction by the screening panel, may stipulate with a credential holder in the disciplinary process, to refer the credential holder to the disciplinary program 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 disciplinary program and the potential consequences if the credential holder is not accepted in the disciplinary program or does not complete the terms of acceptance. The stipulation, or a separate stipulation or order, may include other discipline to be completed by the credential holder, separate from the disciplinary program.
