Veterinary Examining Board
Rule No.: | Chs. VE 1 to 11, Wis. Admin. Code (Revised) |
Relating to: | Licensing, Practice Scope, and Standard of Practice for Veterinarians and Veterinary Technicians |
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2. Detailed description of the objective of the proposed rule:
The objective of the proposed rule is to make chs. VE 1 through 11 easier to access and understand quickly. Fee amounts would not be changed as a part of this proposal. However, the Veterinary Examining Board (VEB) will propose that existing fee amounts be stated in rule to make this information easier to access.
The VEB may propose that the existing eleven rule chapters be consolidated into as few as three chapters, to make it easier to access information for veterinarians, veterinary technicians, and the veterinary professional assistance program.
The VEB proposes that a new chapter be added, to include procedures on discipline that were part of Department of Safety and Professional Services (DSPS) rules pertaining to all DSPS boards but were not transferred to the Department of Agriculture, Trade and Consumer Protection (DATCP) in chs. VE 1 through 11. The VEB proposes to evaluate rule provisions and language for clarity, consistency, and ease of use, including evaluating procedures and processes, technical changes and updates, delegation of veterinary medical acts, references to relevant statutory requirements, and terminology.
The VEB proposes to evaluate rule language to fulfill the requirements in 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. 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Existing Policies Relevant to the Rule
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The current rules, consisting of chs. VE 1 through 11, are denominated as follows:1. Authority and Definitions
2. Examinations
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
10. Continuing Veterinary Education for Veterinarians and Veterinary Technicians
11. Veterinary Professional Assistance Program
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2015 Wisconsin Act 55 transferred the VEB from DSPS to DATCP. However, most of the general licensing requirements did not transfer to DATCP in the current chs. VE 1 through 11. This includes rules specifying the procedures and requirements for all boards under DSPS, as well as the fee amounts for VEB fees. -
Current rules refer to the fees required under Wis. Stat. ch. 440, which is the DSPS portion of the statutes, and does not list the dollar amounts of the fees. DATCP has continued to use the same fee amounts that DSPS used, but these amounts are not stated in chs. VE 1 through 11. -
Wis. Stat. s. 89.03 (1) requires the VEB to review the rules at least once every 5 years to determine whether they are consistent with current practice.New Policies Proposed to be Included in the Rule
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Evaluating whether to state the current fee amounts in rule. Fee amounts would not change.-
Evaluating whether to consolidate the existing eleven chapters. - This could include evaluating whether to consolidate the existing rules into as few as three chapters: one for veterinarians, one veterinary technicians, and one for the professional assistance program. Consolidation could make the rules easier to access quickly.
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Evaluating whether to add a chapter for relevant disciplinary procedures that did not transfer in rule from DSPS to DATCP in chs. VE 1 through 11. -
Evaluating whether to make changes regarding procedures and processes. - For example, evaluating whether to document a review process for the annual review of colleges and technical schools referenced in ss. VE 1.02 (1e) and 8.01 (1), remove the reference to the review being annual, or make no change. - For example, evaluating whether to expand the process under s. VE 3.05 to include applicants who are scheduled to take or are awaiting results from the examination on state laws and rules, document a separate process, or make no change. -
Evaluating whether to make technical changes and updates. - For example, evaluating whether to add the denial of a license to the list of reasons for a temporary permit to expire under s. VE 3.05 (6). - For example, evaluating whether to permit the electronic submission of the certification of graduation through an online system managed by the American Association of Veterinary State Boards.
- For example, evaluating whether to provide additional 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. -
Evaluating whether to allow licensed veterinarians to delegate any additional veterinary medical acts to certified veterinary technicians and/or unlicensed assistants.- For example, evaluating whether to modify s. VE 7.02 to allow unlicensed assistants to administer an IV catheter under the direct supervision of a veterinarian present on the premises, per requests from stakeholders. -
Evaluating for consistency and ease of use the places in which rule requirements repeat, or refer to requirements under Wis. Stat. ch. 89. This could include evaluating whether to remove repetitive rule language, refer to the relevant section of statute within the rule text, use notes to alert the reader to related requirements in the statute, or make no change.- For example, unprofessional conduct is listed in Wis. Stat. s. 89.07 and Wis. Admin. Code s. VE 7.06. The rule language repeats some of the items that are listed in statute, but not all. For items that are not repeated, the rule does not refer the reader to the statute through either the rule text or a note. This partial repetition and partial absence can make the rule unnecessarily complex to understand. -
Evaluating whether to modify terminology for clarity and consistency. -For example, evaluating whether to rename temporary permits (s. VE 3.05) and/or temporary consulting permits (ch. VE 6) to make it easier to distinguish between the different types of permits. - For example, evaluating whether to use the word “dispense” rather than “sell” to be more consistent with statutory language and definitions.
