Chapter 89

89.065 History History: 1987 a. 39; 2015 a. 55 s. 4497; Stats. 2015 s. 89.065.

89.065 Cross-reference Cross-reference: See also ch. VE 2, Wis. adm. code.

89.068 89.068 Drugs for animal use.

89.068(1) (1) Prescribing; dispensing.

89.068(1)(a) (a) Extra-label use on animal; prescription required. No person may make extra-label use of a drug on an animal without a prescription or in any manner not authorized by that prescription.

89.068(1)(b) (b) Form of prescription. A prescription shall include all of the following:

89.068(1)(b)1. 1. The name and address of the veterinarian and, if the prescription is a written order, the signature of the veterinarian.

89.068(1)(b)2. 2. The name and address of the client.

89.068(1)(b)3. 3. The species and identity of the patient for which the prescription is issued.

89.068(1)(b)4. 4. The name, strength and quantity of the drug prescribed.

89.068(1)(b)5. 5. The date on which the prescription is issued.

89.068(1)(b)6. 6. The directions for administering the drug.

89.068(1)(b)7. 7. If the patient is a food-producing animal, the withdrawal time for the veterinary drug.

89.068(1)(b)8. 8. If the prescription authorizes extra-label use, the manner in which the client may use the drug.

89.068(1)(b)9. 9. Any cautionary statements required by law.

89.068(1)(c) (c) Prescribing, dispensing and administering requirements for veterinarian. A veterinarian may not do any of the following:

89.068(1)(c)1. 1. Prescribe for or dispense to a client a veterinary prescription drug or a drug for extra-label use without personally examining the patient unless a veterinary-client-patient relationship exists between the veterinarian, client and patient and the veterinarian determines that the client has sufficient knowledge to administer the drug properly.

89.068(1)(c)2. 2. Prescribe or dispense a veterinary prescription drug to a client unless the veterinarian indicates in the appropriate records described under sub. (3), within 72 hours after the prescription is issued or the drug is dispensed, that the prescription has been issued or that the drug has been dispensed.

89.068(1)(c)3. 3. Prescribe a drug to a client for extra-label use on a patient unless all of the following apply:

89.068(1)(c)3.a. a. A veterinary-client-patient relationship exists between the veterinarian, client and patient and the veterinarian has made a careful medical diagnosis of the condition of the patient within the context of that veterinarian-client-patient relationship.

89.068(1)(c)3.b. b. The veterinarian determines that there is no drug that is marketed specifically to treat the patient’s diagnosed condition, or determines that all of the drugs that are marketed for that purpose are clinically ineffective.

89.068(1)(c)3.c. c. The veterinarian recommends procedures for the client to follow to ensure that the identity of the patient will be maintained.

89.068(1)(c)3.d. d. If the patient is a food-producing animal, the veterinarian prescribes a sufficient time period for drug withdrawal before the food from the patient may be marketed.

89.068(1)(c)4. 4. Transmit a prescription electronically unless the client approves the transmission and the prescription is transmitted to a pharmacist or veterinarian designated by the client.

89.068(2) (2) Labeling. A veterinarian or pharmacist may not dispense a drug that has been prepared, mixed, formulated or packaged by the veterinarian or pharmacist unless the veterinarian or pharmacist affixes to the container in which the drug is dispensed a label containing all of the information specified in sub. (1) (b), except the address of the client. A veterinarian or pharmacist may not dispense a veterinary prescription drug that has been prepackaged by its manufacturer for dispensing unless the veterinarian or pharmacist affixes to the container in which the drug is dispensed a label containing all of the information specified in sub. (1) (b), except the address of the client. A veterinarian or pharmacist may dispense a veterinary over-the-counter drug without affixing any information to the container in which the drug is dispensed if a label that has been affixed to the container by its manufacturer provides adequate information for its use.

89.068(3) (3) Prescription records. A veterinarian shall maintain complete records of each veterinary prescription drug that the veterinarian receives, prescribes, dispenses or administers, and of each prescription issued by the veterinarian that authorizes extra-label use. Records of each veterinary prescription drug shall include the name of each veterinary prescription drug that is received, the name and address of the person from whom the drug is received and the date and quantity received, the name and address of the person to whom the drug is dispensed and the date and quantity dispensed and, if the veterinarian prescribes or administers the drug, the information specified in sub. (1) (b). Records of each prescription authorizing extra-label use shall include the information specified in sub. (1) (b). A veterinarian shall maintain records of each veterinary prescription drug under this subsection for not less than 3 years after the date on which the veterinarian prescribes, dispenses or administers the drug or extra-label use.

89.068(4) (4) Enforcement.

89.068(4)(a) (a) Inspections. Except as provided in par. (b), if the examining board has reason to believe that a person is violating or has violated this section, the examining board, the attorney general or the district attorney of the proper county may do any of the following:

89.068(4)(a)1. 1. Inspect the premises on which the person possesses, prescribes, dispenses, labels or administers veterinary drugs.

89.068(4)(a)2. 2. Inspect pertinent records, equipment, materials, containers or facilities that are relevant to determining whether the person is violating or has violated this section.

89.068(4)(a)3. 3. Collect relevant samples of veterinary drugs.

89.068(4)(b) (b) Records exempt from inspection. The examining board, attorney general or district attorney may not inspect a person’s financial, pricing, personnel or sales records under this subsection, other than the records described under sub. (3).

89.068 History History: 1991 a. 306; 1997 a. 27; 2015 a. 55 s. 4498; Stats. 2015 s. 89.068.

89.07 89.07 Discipline.

89.07(1) (1) In this section, “unprofessional conduct” includes, but is not limited to:

89.07(1)(a) (a) Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license or in making a report to the examining board.

89.07(1)(b) (b) Violating this chapter or any federal or state statute or rule that substantially relates to the practice of veterinary medicine.

89.07(1)(c) (c) Practicing veterinary medicine while the person’s ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.

89.07(1)(d) (d) Engaging in false, misleading or deceptive advertising.

89.07(1)(e) (e) Making a substantial misrepresentation in the course of practice which is relied upon by a client.

89.07(1)(f) (f) Engaging in conduct in the practice of veterinary medicine which evidences a lack of knowledge or ability to apply professional principles or skills.

89.07(1)(fm) (fm) Handling, distributing, using or disposing of pesticides in violation of ss. 94.67 to 94.71 or the rules promulgated under ss. 94.67 to 94.71.

89.07(1)(g) (g) Obtaining or attempting to obtain compensation by fraud or deceit.

89.07(1)(h) (h) Violating any order of the examining board.

89.07(2) (2) Subject to subch. II of ch. 111, the examining board may, by order, reprimand any person holding a license, certificate, or permit under this chapter or deny, revoke, suspend, limit, or any combination thereof, the person’s license, certification, or permit if the person has:

89.07(2)(a) (a) Engaged in unprofessional conduct.

89.07(2)(b) (b) Been adjudicated mentally incompetent by a court.

89.07(2)(c) (c) Been found guilty of an offense the circumstances of which substantially relate to the practice of veterinary medicine.

89.07(3) (3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certification, or permit under sub. (2), the examining board may assess against the applicant for or the holder of the license, certification, or permit a forfeiture of not more than $5,000 for each violation of s. 89.068.

89.07 History History: 1987 a. 39; 1989 a. 279; 1991 a. 306; 2015 a. 55 s. 4499; Stats. 2015 s. 89.07.

89.07 Cross-reference Cross-reference: See also chs. VE 1, 2, and 3, Wis. adm. code.

89.071 89.071 Administrative warnings.

89.071(1) (1) If the examining board determines during an investigation of a complaint against a person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 that there is evidence that the credential holder committed misconduct, the examining board may close the investigation by issuing an administrative warning to the credential holder if the examining board determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.

89.071(2) (2) A credential holder may obtain review of an administrative warning through a personal appearance before the examining board.

89.071(3) (3) 

89.071(3)(a) (a) An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b), may not be used as evidence that the credential holder is guilty of the alleged misconduct.

89.071(3)(b) (b) If the examining board receives a subsequent complaint of misconduct by a credential holder against whom the examining board issued an administrative warning, the examining board may reopen the matter that gave rise to the administrative warning and commence disciplinary proceedings against the credential holder, and the administrative warning may be used as evidence in a subsequent disciplinary proceeding that the credential holder had actual notice that the misconduct that was the basis for the administrative warning was contrary to law.

89.071(4) (4) The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential.

89.071 History History: 2015 a. 179.

89.0715 89.0715 Assessment of costs.

89.0715(1) (1) In this section, “costs of the proceeding” means all of the following:

89.0715(1)(a) (a) Compensation and reasonable expenses of hearing examiners and prosecuting attorneys for the department and examining board.

89.0715(1)(b) (b) A reasonable disbursement for the service of process or other papers.

89.0715(1)(c) (c) Amounts actually paid out for certified copies of records in any public office and for postage, telephoning, adverse examinations and depositions, copies, expert witness fees, and witness fees and expenses.

89.0715(1)(d) (d) Compensation and reasonable expenses of experts and investigators.

89.0715(1)(e) (e) Compensation and reasonable expenses of a reporter for recording and transcribing testimony.

89.0715(2) (2) In any disciplinary proceeding against a holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 in which the examining board orders suspension, limitation, or revocation of the credential or reprimands the credential holder, the examining board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the credential holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12 percent per year beginning on the date that payment of the costs are due as ordered by the examining board. Upon the request of the department, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

89.0715(3) (3) In addition to any other discipline imposed, if the examining board assesses costs of the proceeding to a credential holder under sub. (2), the examining board may not restore, renew, or otherwise issue any credential to the holder until the holder has made payment to the department under sub. (2) in the full amount assessed, together with all accrued interest.

89.0715 History History: 2015 a. 179.

89.072 89.072 Licensees of other jurisdictions.

89.072(1) (1) Upon application and payment of the fee established under s. 89.063, the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.

89.072(2) (2) Upon application and payment of the fee established under s. 89.063, the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.

89.072 History History: 1987 a. 39; 2015 a. 55 s. 4500; Stats. 2015 s. 89.072.

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

89.073(1) (1) In this section:

89.073(1)(a) (a) “Former service member” means a person who was discharged from the U.S. armed forces under conditions other than dishonorable within 4 years of the date on which the service member or the spouse of the service member applies for a license, certification, or permit under this section.

89.073(1)(b) (b) “Service member” means a member of the U.S. armed forces, a reserve unit of the U.S. armed forces, or the national guard of any state.

89.073(1)(c) (c) “Spouse” includes the spouse of a person who died while in service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.

89.073(2) (2) The examining board shall grant a license, certification, or permit specified under s. 89.06 to an individual who the examining board determines meets all of the following requirements:

89.073(2)(a) (a) The individual applies for a credential under this section on a form prescribed by the examining board.

89.073(2)(b) (b) The individual is a service member, a former service member, or the spouse of a service member or former service member and resides in this state.

89.073(2)(c) (c) The individual holds a credential that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential specified under s. 89.06.

89.073(2)(d) (d) The individual pays the fee established under s. 89.063.

89.073(2)(f) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a credential that qualifies the individual to perform acts authorized under the appropriate credential specified under s. 89.06.

89.073(2m) (2m) If an individual is unable to provide documentation that the individual is a service member, former service member, or the spouse of a service member or former service member, the individual may submit an affidavit to the examining board stating that the individual is a service member, former service member, or the spouse of a service member or former service member.

89.073(3) (3) 

89.073(3)(a) (a) A credential granted under this section expires on the renewal date specified in s. 89.062 (1), except that if the first renewal date specified in s. 89.062 (1) after the date on which the credential is granted is within 180 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 89.062 (1) after the date on which the credential is granted.

89.073(3)(b) (b) The examining board shall grant a renewed license, certification, or permit specified under s. 89.06 to an applicant who pays the renewal fee specified under s. 89.063 and satisfies the renewal requirements under s. 89.062.

89.073(4) (4) The examining board shall expedite the issuance of a license, certification, or permit granted under this section.