Proposed Hearing Draft
Clearinghouse Rule No.
July 1, 2021
PROPOSED ORDER
OF THE STATE OF WISCONSIN VETERINARY EXAMINING BOARD
ADOPTING RULES
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The Wisconsin Veterinary Examining Board proposes the following permanent rule to repeal VE 1 to 10; to create VE 1 to 3; to renumber VE 11; relating to veterinarians and veterinary technicians.
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Analysis Prepared by the Veterinary Examining Board
The proposed rule makes structural changes, minor language changes, and telehealth changes.
Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
Wis. Stat. s. 89.03 authorizes the Veterinary Examining Board (Board) to promulgate rules related to the practice of veterinary medicine. Wis. Stat. s. 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) allows. -Makes a correction to the delegation of rabies vaccinations to reflect Wis. Stat. s. 95.21 (2) (a).
-Modifies terminology for clarity and consistency.
-Adds additional definitions and updates existing definitions language for clarity.
-Renames “temporary permit” to “temporary veterinary permit” and renamed “temporary consulting permit” to “veterinary consulting permit.”
-Changes language to use the word “dispense” rather than “sell” to be more consistent with statutory language and definitions to make the language clearer and easier to understand.
-Adds a note clarifying that the board accepts “veterinary nurse” as equivalent to “veterinary technician.”
Telehealth Changes
-Adds definitions related to telehealth.
-Adds definitions related to veterinary consulting and clarifies that a consulting veterinarian or other consultant may not do any of the following:
-Visit the patient or client or communicate directly with the client without the knowledge of the attending veterinarian.
-Take charge of a case or problem without the consent of the attending veterinarian and the client.
-Clarifies that the practice of veterinary medicine takes place where the animal is located at the time of practice, in alignment with Wis. Stat. ss. 89.05 (1) and 89.02 (6). -Clarifies that in order to practice veterinary medicine in Wisconsin a veterinarian must be licensed in Wisconsin and have an established veterinary-client-patient relationship (VCPR) with the client. A VCPR must be established via an in person physical exam, or timely medically appropriate visits to the premises on which the patient is kept. It may not be established by telehealth technologies.
-Clarifies that the VCPR, once established, extends to other veterinarians within the practice, or relief veterinarians within the practice, that have access to, and have reviewed, the medical history and records of the animal.
