Chapter 89

CHAPTER 89

VETERINARY EXAMINING BOARD

89.02   Definitions.

89.03   Rules.

89.04   Violations.

89.05   Practice; penalties.

89.06   Licensure.

89.062   Renewal; continuing education.

89.063   Fees.

89.065   Examinations.

89.068   Drugs for animal use.

89.07   Discipline.

89.071   Administrative warnings.

89.0715   Assessment of costs.

89.072   Licensees of other jurisdictions.

89.073   Reciprocal credentials for service members, former service members, and their spouses.

89.075   Access to health care records.

89.078   Background investigations.

89.079   Unauthorized practice.

89.08   Injunctive relief.

Ch. 89 Cross-reference Cross-reference: See also VE, Wis. adm. code.

89.02 89.02 Definitions. As used in this chapter, unless the context requires otherwise:

89.02(1g) (1g) “Administer,” when used in reference to administering a drug to an animal, means directly applying the drug, whether by injection, ingestion, or any other means, to the body of the animal.

89.02(1m) (1m) “Animal” means any animal except a human being.

89.02(3) (3) “Client” means the person who owns or who has primary responsibility for the care of a patient.

89.02(3d) (3d) “Department” means the department of agriculture, trade and consumer protection.

89.02(3g) (3g) “Dispense” means the act of delivering a drug to a person who may lawfully possess the drug, including the compounding, packaging or labeling necessary to prepare the drug for delivery.

89.02(3r) (3r) “Drug” has the meaning given in s. 450.01 (10).

89.02(4) (4) “Examining board” means the veterinary examining board.

89.02(4e) (4e) “Extra-label use” means use of a drug in a manner that is not in accordance with the directions for use that are contained on the label affixed to the container in which the drug is dispensed.

89.02(4m) (4m) “Food-producing animal” means an animal that is raised to produce food for human consumption.

89.02(4s) (4s) “Patient” means an animal that is examined or treated by a veterinarian.

89.02(5) (5) “Pesticide” has the meaning specified in s. 94.67 (25).

89.02(5m) (5m) “Pharmacist” means an individual who is licensed as a pharmacist under ch. 450.

89.02(6) (6) To “practice veterinary medicine” means to examine into the fact or cause of animal health, disease or physical condition, or to treat, operate, prescribe or advise for the same, or to undertake, offer, advertise, announce, or hold out in any manner to do any of said acts, for compensation, direct or indirect, or in the expectation thereof.

89.02(6m) (6m) “Prescription” means a written, oral or electronic order from a veterinarian to a pharmacist or to another veterinarian that authorizes the pharmacist or other veterinarian to dispense a drug, or from a veterinarian to a client that authorizes the client to make extra-label use of a drug.

89.02(7) (7) “Veterinarian” means a practitioner of veterinary medicine who is duly licensed by the examining board.

89.02(8) (8) “Veterinarian-client-patient relationship” means a relationship between a veterinarian, a client and the patient in which all of the following apply:

89.02(8)(a) (a) The veterinarian has assumed the responsibility for making medical judgments regarding the health of the patient and the patient’s need for medical treatment, and the client has agreed to accept those medical judgments and to follow the related instructions of the veterinarian.

89.02(8)(b) (b) The veterinarian has sufficient knowledge of the patient to initiate a general or preliminary diagnosis of the medical condition of the patient because the veterinarian has recently examined the patient or has made medically appropriate and timely visits to the premises on which the patient is kept.

89.02(8)(c) (c) The veterinarian is readily available for follow-up treatment of the patient if the patient has an adverse reaction to veterinary treatment.

89.02(9) (9) “Veterinary drug” means any of the following:

89.02(9)(a) (a) A drug that is recognized as a drug for animal use in the official U.S. pharmacopoeia or the official national formulary or any supplement to either of them.

89.02(9)(b) (b) A drug that is intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in an animal.

89.02(9)(c) (c) A drug that is intended to affect the structure or function of the body of an animal, including medicated feed or a growth-promoting implant, but not including feed that does not contain a drug.

89.02(9)(d) (d) A substance that is intended for use as a component of a drug described in par. (a), (b) or (c).

89.02(9)(e) (e) A drug that is produced and intended for human use but that is prescribed by a veterinarian for animal use.

89.02(10) (10) “Veterinary over-the-counter drug” means a drug that is labeled for animal use, that may be dispensed without a prescription and that is not required to bear the label statement: “CAUTION: Federal law restricts this drug to use by or on the order of a licensed veterinarian.”.

89.02(11) (11) “Veterinary prescription drug” means a drug that may not be dispensed without the prescription of a veterinarian.

89.02(12) (12) “Veterinary technician” means a person duly certified by the examining board to work under the direct supervision of a licensed veterinarian.

89.02 History History: 1975 c. 309; 1983 a. 189; 1987 a. 39; 1989 a. 279; 1991 a. 306; 1993 a. 213; 1995 a. 321; 1997 a. 27; 2015 a. 55 s. 2597, 4491; Stats. 2015 s. 89.02; 2015 a. 196.

89.02 Annotation The termination of the life of an animal by injection is not the practice of veterinary medicine. 65 Atty. Gen. 231.

89.03 89.03 Rules.

89.03(1) (1) The examining board shall promulgate rules, within the limits of the definition 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.

89.03(2) (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.

89.03(3) (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.

89.03 History History: 1987 a. 39; 1989 a. 279; 1995 a. 321; 2003 a. 103; 2009 a. 139; 2015 a. 55 s. 4492; Stats. 2015 s. 89.03; 2017 a. 59.

89.03 Cross-reference Cross-reference: See also VE, Wis. adm. code.