There are unintentional gaps and inconsistencies in licensing processes. For example, the current rules do not have a clear process for applicants who have been disciplined by a licensing authority in the past. Under s. 89.072, the applicant cannot be licensed by endorsement, but under s. VE 1.14 (6) the applicant cannot be licensed by examination. As another example, VE 1.14 (6) requires applicants who have previously been licensed in Wisconsin to apply by endorsement, but VE 1.28 allows these applicants to apply for renewal. New Policies Proposed to be Included in the Rule and Analysis of Policy Alternatives:
The VEB proposes evaluating veterinary licensing processes for clarity, consistency, and to ensure there are processes for all applicant types. Without the proposed rule, there would continue to be unintentional gaps in veterinary licensing processes.
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.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
DATCP estimates that it will use approximately 200 staff hours to develop this rule. This estimate includes time required for the investigation and analysis, rule drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
6. List with description of all entities that may be affected by the proposed rule:
Entities impacted by this rule include veterinarians, veterinary clinics, and consumers of veterinary services.
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:
The proposed rule is specific to Wisconsin statutes. There is not a federal licensing process for veterinarians.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule would evaluate VEB licensing processes for clarity, consistency, and to ensure there are processes for all applicant types. Most affected entities are small businesses, pursuant to the definition under s. 227.485 (1) (c), Wis. Stats. The overall anticipated economic impact is minor.
