- For example, evaluating whether to use the word “dispense” rather than “sell” to be more consistent with statutory language and definitions.
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Evaluating new language to fulfill the requirements of Wis. Stat. s. 89.078 (2), which requires the VEB to determine by rule what information and documentation a credential holder shall include with a written notice of a conviction. The rules do not currently state what information and documentation is required. Analysis of Policy Alternatives
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Rule Proposal: The existing rules would be evaluated for clarity and ease of use. The fee amounts would remain the same but could be stated in rule to make them readily accessible. Restructuring the chapters could make the rules easier to read and reference quickly. Adding a chapter for relevant procedures could make those procedures clearer and more accessible for credential holders. Evaluating procedures and processes, technical changes and updates, delegation of veterinary medical acts, references to relevant statutory requirements, and terminology could make the rules more consistent and easier to understand. Adding rule language to determine what information and documentation is required in a written notice of conviction from a credential holder would fulfill the requirements of Wis. Stat. s. 89.078 (2). The rule proposal could reduce the burden to veterinarians, veterinary technicians, and consumers of veterinary services, as the rules may become easier to read and understand quickly.-
No Change: Should the VEB not modify the existing rules, the rules would remain unnecessarily difficult to understand. The amounts of fees would continue to be unspecified in rule. Current requirements relating to veterinarians and veterinary technicians would remain scattered across multiple rule chapters. Some of the board’s procedures and processes would remain unclear. The board would not be able to evaluate technical changes and updates or the delegation of veterinary medical acts. References to relevant statutory requirements would remain inconsistent. Some terminology would continue to be unclear and confusing. The rules would continue to not state what information and documentation is required in a written notice of conviction from a credential holder as required by Wis. Stat. s. 89.078 (2). Each of these concerns makes the current rules unnecessarily difficult to understand.4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 89.03, Stats., authorizes the VEB to promulgate rules as follows: 89.03 Rules.
(1) The examining board shall promulgate rules, within the limits of the definitions under s. 89.02 (6), establishing the scope of practice permitted for veterinarians and veterinary technicians and shall review the rules at least once every 5 years to determine whether they are consistent with current practice. The examining board may promulgate rules relating to licensure qualifications, denial of a license, certification, or temporary permit, unprofessional conduct, and disciplinary proceedings. (2) The examining board shall promulgate rules requiring training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the practice of veterinary medicine, except that the board may not require training or continuing education concerning the use, handling, distribution, and disposal of pesticides other than for disciplinary purposes.
(3) The examining board shall promulgate rules specifying a procedure for addressing allegations that a person licensed or certified by the veterinary examining 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 veterinary examining 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 examining 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. The examining board may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.4
Section 89.063, Stats., authorizes the Department to determine by rule the fees as follows: 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06, 89.072, and 89.073, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department’s administrative and enforcement costs under this chapter. The department shall notify the holder of each such license, certification, or permit of any fee adjustment under this subsection that affects that license, certification, or permit holder. Section 89.078 (2), Stats., authorizes the VEB to determine by rule what information and documentation a credential holder shall include with a written notice of a conviction: 89.078 (2) A person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the examining board within 48 hours after the entry of the judgement of conviction. The examining board shall by rule determine what information and documentation the person holding the credential shall include with the written notice. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates that it will use approximately .5 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.
6. List with description of all entities that may be affected by the proposed rule:
The proposed rule would directly affect Wisconsin licensed veterinarians and certified veterinary technicians. Most veterinary practices are small businesses. Current fee amounts would not change.
The proposed rule may indirectly affect pet and livestock owners who are consumers of veterinary services.
Adjustments to make rule language and structure clearer, and to simplify processes where possible, may reduce the burden to each of these affected entities by making the rules easier to access and understand quickly.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Pursuant to 9 CFR 160 to 162, a veterinarian must be specifically authorized by the United States Department of Agriculture – Animal and Plant Health Inspection Service to perform animal disease eradication and control functions under federal animal health laws. Licensure requirements to practice veterinary medicine are established by each state and should not be affected by federal requirements.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The Department expects the proposed rule to have minimal to no economic impact. No fee amounts will be changed in the proposed rule.
Most veterinary practices are small businesses. Adjustments to make rule language and structure clearer may reduce the burden to veterinarians, veterinary technicians, and consumers of veterinary services, as the rules may become easier to access and understand quickly.
Contact Person: Melissa Mace, Acting Executive Director, Veterinary Examining Board; (608) 224-4883
