DATCP Docket: 23-R-03
Clearinghouse Rule:
Preliminary Rule Draft
December 5, 2024
THE VETERINARY EXAMINING BOARD’S PROPOSED ORDER TO ADOPT PERMANENT RULES
PROPOSED ORDER
The Wisconsin Veterinary Examining Board proposes an order to amend VE 1.14 (1) and (6), 1.16 (1), 1.18 (2), (3), and (6), 1.20 (intro.) and (2), and 1.28 (1) and (2) relating to veterinarians.
Analysis Prepared by the Veterinary Examining Board
Statutory Authority: Wis. Stat. § 89.03 Explanation of Agency Authority
Wis. Stat. § 89.03 authorizes the Veterinary Examining Board (Board) to promulgate rules related to the practice of veterinary medicine and rules related to veterinary licensure qualifications. Related Statutes and Rules
Wis. Stat. ch. 89 and Wis. Admin. Code chs. VE 1 to 4. Plain Language Analysis
The proposed rule modifies veterinary licensing processes for clarity, consistency, and to ensure there are processes for all applicant types. Without these changes, there would continue to be unintentional gaps preventing applicants with unique circumstances from having a path to licensure. The rule draft makes the following changes:
The rule draft removes language in s. VE 1.14 (6) that limits who must apply by examination or endorsement. The language was added in 2022 and created problems by limiting the licensing processes available to applicants. Removing this language allows applicants who cannot apply by endorsement to instead apply by examination. This change also removes an inconsistency that currently says a Wisconsin licensee must apply by endorsement. The rule draft adds language to ss. VE 1.14 (1) and VE 1.28 (1) and (2) to make it clear that the Board may review an application for items listed under s. VE 1.20. This clarification addresses the concerns that led to the limitations under s. VE 1.14 (6) that were created in 2022. For example, an applicant with discipline in another jurisdiction applying by examination is still subject to review under s. VE 1.20. The rule draft adds language to s. VE 1.20 to make it clear that the section applies to both new applicants for licensure and applicants for renewal. This clarification addresses the concerns that led to the limitations under s. VE 1.14 (6) that were created in 2022. For example, an applicant who was previously licensed in Wisconsin, then licensed in another jurisdiction, and received discipline from the other jurisdiction, is still subject to review under s. VE 1.20. The rule draft adds language to s. VE 1.16 (1) to create a process for applicants by examination who have not passed the North American Veterinary Licensing Examination (NAVLE) in the past 5 years. This addition includes language consistent with s. VE 1.28 (2) regarding the Board inquiring as to whether the applicant is competent to practice and imposing reasonable conditions. The rule draft adds language to s. VE 1.18 (3) to create a process for applicants by endorsement who have neither satisfied the qualifications for licensure, in s. VE 1.16, within the last 5 years nor actively practiced for 4,000 hours during the 5 years preceding application. This addition includes language consistent with s. VE 1.28 (2) regarding the Board inquiring as to whether the applicant is competent to practice and imposing reasonable conditions. The rule draft makes minor edits throughout the licensing processes to consistently use the term “jurisdiction”.
Summary of, and Comparison with, Existing or Proposed
Federal Statutes and Regulations
Licensure requirements to practice veterinary medicine are established by each state and are not established by federal statutes or regulations.
Pursuant to 9 CFR 160 to 162, a veterinarian must be specifically authorized by the United States Department of Agriculture – Animal and Plant Health Inspection Service to perform animal disease eradication and control functions under federal animal health laws. Summary of Comments Received during Preliminary Comment Period
and at Public Hearing on Statement of Scope
The Board held a preliminary hearing on the statement of scope (SS 109-23) on February 13, 2024, with comments open until February 15, 2024. The hearing offered a combination of in-person access and remote access. There were no attendees at the hearing, in-person or remote, and no written comments were received. Comparison with Rules in Adjacent States
The proposed rule modifies veterinary licensing processes for clarity, consistency, and to ensure there are processes for all applicant types. These changes are specific to Wisconsin rules and address unintentional gaps in current licensing processes. Adjacent states also have veterinary boards that license veterinarians.
