Chapter VE 4

Chapter VE 4

VETERINARY PROFESSIONAL ASSISTANCE PROGRAM

VE 4.01   Authority and purpose.

VE 4.02   Definitions.

VE 4.04   Contract for program.

VE 4.06   Referral to and eligibility for disciplinary program.

VE 4.08   Requirements for disciplinary program participation.

VE 4.10   Disciplinary program participation agreement.

VE 4.12   Approval of service providers.

VE 4.14   Approval of service providers for alcohol, drug or other chemical testing.

VE 4.16   Records.

VE 4.18   Reports to board.

Ch. VE 4 Note Note: Chapter VE 4 as it existed on July 31, 2022, was repealed by CR 21-062, effective August 1, 2022, and Chapter VE 11 as it existed on July 31, 2022, was renumbered Chapter VE 4 by CR 21-062, Register July 2022 No. 799, effective August 1, 2022.

VE 4.01 VE 4.01 Authority and purpose. Pursuant to s. 89.03 (3), Stats., the board adopts these rules specifying a procedure for addressing allegations that a person licensed or certified by the 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 board under this chapter who requests to participate in the procedure or who requests assistance in obtaining mental health services. In promulgating rules under s. 89.03 (3), Stats., the board shall seek to facilitate early identification of chemically dependent veterinarians or veterinary technicians and encourage their rehabilitation. The rules promulgated under s. 89.03 (3), Stats., may be used in conjunction with the formal disciplinary process under ch. 89, Stats.

VE 4.01 History History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18.

VE 4.02 VE 4.02 Definitions. As used this chapter:

VE 4.02(1) (1) “Complaint” means any written information submitted by any person to the board which requests that a disciplinary proceeding be commenced against a credential holder or which alleges facts, which if true, warrant discipline.

VE 4.02(2) (2) “Credential holder” means a person holding any license, permit, certificate, or registration granted by the board.

VE 4.02(3) (3) “Disciplinary counsel” means the attorney bringing complaints against credential holders before the board.

VE 4.02(4) (4) “Disciplinary program” means the component of the veterinary professional assistance program that may be utilized, as part of a stipulation by a credential holder and the board, for settling unprofessional conduct by the credential holder.

VE 4.02(5) (5) “Impaired” means the inability of a veterinary professional to practice veterinary medicine or veterinary technology with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.

VE 4.02(6) (6) “Impaired veterinary professional” means a credential holder, a veterinarian student studying or working in Wisconsin, or an unlicensed veterinary assistant working in Wisconsin, who voluntarily seeks assistance because of a self-identified alcohol, drug or other chemical, or mental health impairment.

VE 4.02(7) (7) “Medical review officer” means a medical doctor or doctor of osteopathy who is a licensed physician and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result together with an individual’s medical history and any other relevant biomedical information.

VE 4.02(8) (8) “Program” means any entity contracted by the board to provide the veterinary professional assistance program on behalf of the board.

VE 4.02(9) (9) “Screening panel” means the board committee that reviews complaints to see if investigation by disciplinary counsel is warranted and reviews possible settlements and orders against credential holders.

VE 4.02(10) (10) “Service provider” means any program-approved provider of assessment, testing, treatment, rehabilitation, monitoring, and support for any specified impairments by the use of alcohol or other drugs or chemicals or of mental health. The term includes any person supervising thecredential holder while working as a veterinary professional.

VE 4.02(11) (11) “Voluntary program” means the component of the veterinary professional assistance program that an impaired veterinary professional, as defined in sub. (6), may utilize for assistance with a self-identified alcohol, drug or other chemical, or mental health impairment, through a participation agreement with the program.

VE 4.02 History History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (10) made under s. 35.17, Stats., and correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register Juy 2018 No. 751.

VE 4.04 VE 4.04 Contract for program.

VE 4.04(1) (1) The board may enter into a contract with a nonprofit corporation or veterinary professional association to provide a veterinary professional assistance program, which may include any or all of the following:

VE 4.04(1)(a) (a) Contracting with assessment, testing, treatment, rehabilitation, monitoring, or support service providers, in accordance with the requirements in ss. VE 4.12 and 4.14. The program shall inform all service providers, and update changes in this information as soon as possible, of the employees in the program designated to receive required information from the service provider.

VE 4.04(1)(b) (b) Receiving and evaluating reports of suspected impairment from any source.

VE 4.04(1)(c) (c) Intervening in cases of verified impairment.

VE 4.04(1)(d) (d) Signing a confidential participation agreement with impaired veterinary professionals for making referrals to them to utilize services, from service providers contracted with under par. (a), outside the disciplinary process.

VE 4.04(1)(e) (e) Referring and monitoring services to credential holders, within the board’s disciplinary process.

VE 4.04(1)(f) (f) Providing post-treatment monitoring and support to impaired veterinary professionals in the voluntary program and credential holders in the disciplinary program.

VE 4.04(1)(h) (h) Reporting program statistical information to the board.

VE 4.04(1)(i) (i) Reporting all require information in the disciplinary program, so the board may carry out its disciplinary authority under ss. VE 1.60 and 2.28.

VE 4.04(2) (2) The board and the program, as part of the contract, shall agree to eligibility criteria for credential holders to be accepted into the disciplinary program, to fulfill the requirements in s. 89.03 (3), Stats.

VE 4.04(3) (3) The board and the program, as part of the contract, shall agree to eligibility criteria for impaired veterinary professionals to be accepted into the voluntary program, to fulfill the requirements in s. 89.03 (3), Stats. The program may not accept a credential holder to the voluntary program, if the board’s disciplinary process has an outstanding complaint against that credential holder.

VE 4.04(4) (4) Except for information produced for the board under sub. (1) (h) and (i), all information, interviews, records, reports, statements, memoranda, or other documents furnished to or produced by the program, are confidential.

VE 4.04 History History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (1) (a), (i), (4) made under s. 35.17, Stats., Register July 2018 No. 751; CR 21-062: am. (1) (a), (i) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (i) made under s. 35.17, Stats., Register July 2022 No. 799.

VE 4.06 VE 4.06 Referral to and eligibility for disciplinary program.

VE 4.06(1) (1) The board, or disciplinary counsel upon direction by the screening panel, may stipulate with a credential holder in the disciplinary process, to refer the credential holder to the disciplinary program as part of a settlement for uncontested unprofessional conduct on the part of the credential holder. The stipulation shall include language that a referral does not guarantee acceptance of the credential holder by the disciplinary program and the potential consequences if the credential holder is not accepted in the disciplinary program or does not complete the terms of acceptance. The stipulation, or a separate stipulation or order, may include other discipline to be completed by the credential holder, separate from the disciplinary program.

VE 4.06(2) (2) The program shall supply a referred credential holder an application for participation. As part of the application, the credential holder agrees that all relevant materials from the board’s disciplinary proceedings may be released to the program to make its determination as to the applicant’s eligibility.

VE 4.06(3) (3) The program shall determine the credential holder’s eligibility, based upon the criteria in the contract, by reviewing all relevant materials, including investigative results and the credential holder’s application for participation.

VE 4.06(4) (4) The program shall inform the credential holder and board if the holder is ineligible for acceptance. A credential holder determined to be ineligible for the disciplinary program may, within 10 days of notice of the determination, request the board to review the adverse determination.

VE 4.06 History History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18.

VE 4.08 VE 4.08 Requirements for disciplinary program participation.

VE 4.08(1) (1) A credential holder who participates in the disciplinary program shall do all of the following:

VE 4.08(1)(a) (a) Sign a participation agreement with the program and provide a copy to the board.

VE 4.08(1)(b) (b) Obtain a comprehensive assessment for alcohol, drug or other chemical, or mental health impairments from an approved service provider, including submitting to any required testing, and arrange for the service provider to file a copy of its assessment with the program. The program may agree to waive this requirement.

VE 4.08(1)(c) (c) Remain free of alcohol, if diagnosed as an impairment, or controlled substances and prescription drugs unless prescribed for a valid medical purpose.

VE 4.08(1)(d) (d) Timely enroll and participate in any approved service, as required by the assessment or agreed to by the credential holder and program, if the assessment is waived pursuant to par. (b).

VE 4.08(1)(e) (e) Comply with any treatment recommendations, work restrictions, or conditions deemed necessary by a testing, assessment, or treatment service provider.

VE 4.08(1)(f) (f) Submit any required random monitored physiological specimens to a service provider for the purpose of screening for alcohol or drug or other chemical substances.

VE 4.08(1)(g) (g) Execute releases, valid under state and federal law, to allow the program access to the credential holder’s counseling, treatment, and monitoring records.

VE 4.08(1)(h) (h) Have the credential holder’s service and work supervisors file quarterly reports with the program.

VE 4.08(1)(i) (i) Notify the program of any changes in the credential holder’s employer within 5 days.

VE 4.08(1)(j) (j) File quarterly reports documenting the credential holder’s attendance at meetings of self-help support groups.

VE 4.08(2) (2) If the program determines, based on consultation with any service provider authorized to provide testing, treatment, or monitoring of the credential holder, that a credential holder participating in its program has failed to meet any of the requirements set under sub. (1), the program shall make a written determination if it will continue to allow the credential holder to use its program and obtain a new participation agreement with any additional requirements, determined by the program. The program shall notify the board of any determinations under this subsection.

VE 4.08(3) (3) Upon notification of the failure and program continuation, the board shall make a review to determine whether the credential holder should be referred for further discipline. The board shall review the complete record in making this determination.

VE 4.08 History History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18; corection in (1) (b), (f) made under s. 35.17, Stats., Register July 2018 No. 751.

VE 4.10 VE 4.10 Disciplinary program participation agreement.

VE 4.10(1) (1) The credential holder’s participation agreement in the disciplinary program shall at a minimum include:

VE 4.10(1)(a) (a) A statement describing the credential holder’s conduct, relating to participation in the program.

VE 4.10(1)(b) (b) An acknowledgement by the credential holder of the impairment needing treatment.

VE 4.10(1)(c) (c) An agreement to participate, at the credential holder’s expense if necessary, in an approved treatment regimen.

VE 4.10(1)(d) (d) An agreement to submit to random monitored alcohol, drug, or other chemical screens at the credential holder’s expense, by a service provider for alcohol, drug, or other chemical testing approved by the program under s. VE 4.14, if deemed necessary by the program.

VE 4.10(1)(e) (e) An agreement to submit to practice restrictions at any time during the treatment regimen, as deemed necessary by the program.

VE 4.10(1)(f) (f) An agreement to furnish the program with signed consents for release of information from service providers and employers, authorizing the release of information to the program and board for the purpose of monitoring the credential holder’s participation in the program.

VE 4.10(1)(g) (g) An agreement authorizing the program to release, to the employer or any service provider identified by the credential holder, all of the following:

VE 4.10(1)(g)1. 1. The information described in pars. (a), (c), and (e).

VE 4.10(1)(g)2. 2. If the credential holder violates the terms of the disciplinary program under s. VE 4.08 (1).

VE 4.10(1)(g)3. 3. If the credential holder is dismissed from the disciplinary program, pursuant to s. VE 4.08 (2).

VE 4.10(1)(h) (h) An agreement authorizing the program to release the results of random monitored alcohol, drug, or other chemical screens under par. (d), to any service provider identified by the credential holder.

VE 4.10(1)(i) (i) An agreement to participate in the program for a period of time, as established by the stipulation between the credential holder and board or disciplinary counsel.

VE 4.10(2) (2) The program may include additional requirements for an individual credential holder, if the credential holder’s condition warrants additional safeguards.

VE 4.10 History History: EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18; correction in (1) (g) 1., 2., 3. made under s. 35.17, Stats., Register July 2018 No. 751; CR 21-062: am. (1) (d), (g) 2., 3. Register July 2022 No. 799, eff. 8-1-22.

VE 4.12 VE 4.12 Approval of service providers.

VE 4.12(1) (1) The program may approve a service provider designated by a credential holder for the purpose of participation in the program if:

VE 4.12(1)(a) (a) The service provider is a facility where all of the following apply:

VE 4.12(1)(a)1. 1. The facility is certified by appropriate national or state certification agencies.

VE 4.12(1)(a)2. 2. The treatment program focus at the facility is on the individual with an impairment of the same type as has been identified in the credential holder.