Wis. Admin. Code VE — Veterinary Examining Board

Chapter VE 1 VETERINARIANS

Subchapter I Authority and Definitions

Wis. Admin. Code § VE 1.01 Authority {#sec-ve-1.01 omnilex-key=us-wi-regs-official--agency-ve--VE 1.01}

The rules in this chapter are adopted by the veterinary examining board pursuant to the authority delegated by ss. 15.08 (5), 89.03 (1) and (2), and 227.11 (2), Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.02 Definitions {#sec-ve-1.02 omnilex-key=us-wi-regs-official--agency-ve--VE 1.02}

In this chapter:

(1) “AAVSB” means the American Association of Veterinary State Boards.

(2) “Accredited college or university” means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. department of education.

(3) “Advertising” means to give notice by any means, including any circular, card, notice, telephone book listing, magazine, newspaper or other printed material or any electronic medium.

(4) “Approved veterinary college” means a veterinary college which is AVMA accredited or approved.

(5) “Attending veterinarian” means the veterinarian who holds the VCPR and is responsible for the medical care and treatment of the animal.

(6) “AVMA” means the American Veterinary Medical Association.

(7) “Board” means the veterinary examining board.

Note: The board office is located at 2811 Agriculture Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911.

(8) “Client” has the meaning set forth at s. 89.02 (3), Stats.

(9) “Department” has the meaning set forth at s. 89.02 (3d), Stats.

(10) “Informed consent” means the veterinarian has informed the client or the client’s authorized representative, in a manner understood by the client or the client’s authorized representative, of the diagnostic and treatment options, risk assessment, and prognosis, and the client or the client’s authorized representative has consented to the recommended treatment.

(11) “License” means a credential issued to a person by the board signifying the person has met the requirements of ss. 89.06 (1) or (2m) (a) or 89.072, Stats., to practice veterinary medicine in this state.

(12) “NAVLE” means the North American Veterinary Licensing Examination.

(13) “Patient” has the meaning set forth at s. 89.02 (4s), Stats.

(14) “Supervision” means available at all times for consultation, either in person or within 15 minutes of contact by telephone, by video conference or by electronic communications device, except where other provisions are specified in rule.

(15) “Telehealth technologies” means the collection of technology tools used to remotely deliver virtual veterinary medical, health, and education services, allowing a veterinarian to deliver enhanced care and education.

(16) “Unlicensed assistant” means a person working under the supervision of a veterinarian, but not holding a license, permit, or certificate issued by the board.

(17) “VCPR” means a veterinarian-client-patient relationship and has the meaning set forth at s. 89.02 (8), Stats.

(18) “Veterinary prescription drug” has the meaning set forth at s. 89.02 (11), Stats.

(19) “Veterinary student” means a person enrolled in an approved veterinary college in a curriculum leading to a doctor of veterinary medicine degree.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter II Examinations

Wis. Admin. Code § VE 1.04 Administration {#sec-ve-1.04 omnilex-key=us-wi-regs-official--agency-ve--VE 1.04}

(1) The board or its designee shall administer the examinations required of applicants for licensure as a veterinarian by s. VE 1.12 and of applicants for certification as a veterinary technician by s. VE 2.04 at least once each year.

(2) Prior to November 1, 2000, the board shall accept as its licensure examinations the national board examination and the clinical competency test. On and after November 1, 2000, the board shall accept as its licensure examination the NAVLE.

(3) The board or its designee shall provide an examination admission document to the applicant. The applicant shall present the admission document with any required identification at the examination.

(4) The board or its designee shall provide rules of conduct at the beginning of the examination. Time limits may be placed on each portion of the examination.

(5) The board may deny release of grades or issuance of a license or certificate if the board determines that the applicant violated rules of conduct or otherwise acted dishonestly.

Note: Qualified applicants with disabilities shall be provided with reasonable accommodations.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.06 Competency tested {#sec-ve-1.06 omnilex-key=us-wi-regs-official--agency-ve--VE 1.06}

(1) Examinations administered under this chapter test entry level competency and seek to determine that an applicant’s knowledge of animals and their treatment is sufficient to protect public health and safety.

(2) The board shall furnish to individuals, upon request, general information describing the competencies upon which the examination is based.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.08 Passing scores {#sec-ve-1.08 omnilex-key=us-wi-regs-official--agency-ve--VE 1.08}

(1) Passing scores for veterinary applicants for the national board examination and the clinical competency test, and for the NAVLE, shall be based on the board’s determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination, after consulting with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and set the passing score for the examination at the point representing the minimum acceptable competence in the profession. The board may accept any recommendation of the national examination provider.

(2) The passing score for an examination on state laws and rules related to the practice of veterinary medicine shall be based on the board’s determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination, after consulting with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and set the passing score for the examination at the point representing the minimum acceptable competence in the profession.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.10 Claim of examination error {#sec-ve-1.10 omnilex-key=us-wi-regs-official--agency-ve--VE 1.10}

(1) An applicant for veterinary licensure wishing to claim examination error shall file a written request for board review in the board office within 30 days of the date the examination was reviewed. The request shall include all of the following:

(a) The applicant’s name and address.

(b) The type of license for which the applicant applied.

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

(d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(2) The board shall review the claim, make a determination of the validity of the objections and notify the applicant in writing of the board’s decision and any resulting grade changes.

(3) If the board confirms the failing status following its review, the application shall be deemed incomplete, and the applicant may be reexamined under s. VE 1.04.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter III Licensure

Wis. Admin. Code § VE 1.12 License exemptions {#sec-ve-1.12 omnilex-key=us-wi-regs-official--agency-ve--VE 1.12}

No veterinary license or permit is required for the following veterinarians:

(1) Employees of the federal government while engaged in their official duties.

(2) Employees of an educational or research institution while engaged in teaching or research, except if employed by a school of veterinary medicine in this state and the employee practices veterinary medicine on privately owned animals.

(3) Graduates of schools outside the United States and Canada who are enrolled in the educational commission for foreign veterinary graduates certification program of the AVMA or the program for the assessment of veterinary education equivalence offered by the AAVSB while completing the required year of clinical assessment under the supervision of a veterinarian.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.14 Qualifications for licensure; examination or endorsement {#sec-ve-1.14 omnilex-key=us-wi-regs-official--agency-ve--VE 1.14}

Subject to s. VE 1.20, the board may issue a license to practice veterinary medicine to an applicant who satisfies all of the following:

(1) Submits an application form provided by the board which includes the applicant’s notarized signature.

Note: Applications are available upon request to the board office located at 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911 or at the website at www.datcp.wi.gov.

(2) Successfully completes an examination on state laws and rules related to the practice of veterinary medicine.

Note: The examination on state laws and rules is separate from the NAVLE and the national board examination and clinical competency test.

(3) Provides proof of graduation through one of the following means:

(a) A certificate of graduation from a veterinary college which shall be signed and sealed by the dean of the school and submitted directly to the board by the school. The certificate may be provided by electronic means if the seal is visible.

(b) Certification of graduation provided by the AAVSB.

(4) Does not have a conviction record or pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of veterinary medicine. An applicant who has a conviction record or pending criminal charge shall request appropriate authorities to provide information about the record or charge directly to the board in sufficient specificity to enable the board to make a determination whether the record or charge substantially relates to the practice of veterinary medicine.

(5) Provides all documents in English.

(6) Satisfies the requirements for either licensure based on examination or licensure by endorsement.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; CR 25-006: am. (intro.), (6) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § VE 1.16 Qualifications for licensure based on examination {#sec-ve-1.16 omnilex-key=us-wi-regs-official--agency-ve--VE 1.16}

Subject to s. VE 1.20, applicants for licensure based on examination shall satisfy all of the following:

(1) The applicant has satisfied at least one of the following:

(a) Passed the NAVLE within the last 5 years.

(b) Passed the NAVLE more than 5 years prior to application and satisfies at least one of the following:

Currently holds a full unexpired license issued by a similar licensing board of another jurisdiction whose standards, in the opinion of the board, are equivalent to or higher than the requirements for licensure in this state.
Previously held a license issued by a similar licensing board of another jurisdiction whose standards, in the opinion of the board, are equivalent to or higher than the requirements for licensure in this state, and has been deemed competent to practice by the board, including satisfying any reasonable conditions imposed by the board. The board shall inquire as to whether the applicant is competent to practice as a veterinarian in this state and may impose any reasonable conditions on instatement of the license, including reexamination, as the board deems appropriate.

(2) For applicants who graduated from a veterinary college which is not board approved, provide proof of graduation required under s. VE 1.14 (3), and evidence of successful completion of either the educational commission for foreign veterinary graduates certification program or the program for the assessment of veterinary education equivalence offered by the AAVSB which shall be submitted directly to the board by the AVMA or the AAVSB.

(3) Pay the nonrefundable application fee of $115.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2) made under s. 35.17, Stats., Register July 2022 No. 799; CR 25-006: am. (title), (intro.), r. and recr. (1) Register February 2026 No. 842, eff. 3-1-26; correction in (1) (a), (b ) made under s. 35.17, Stats., Register February 2026 No. 842.

Wis. Admin. Code § VE 1.18 Qualifications for licensure by endorsement {#sec-ve-1.18 omnilex-key=us-wi-regs-official--agency-ve--VE 1.18}

Applicants for licensure by endorsement shall satisfy all of the following:

(1) The applicant has not previously failed the NAVLE, unless the applicant has subsequently retaken and passed the NAVLE.

(2) The applicant holds a current license to practice veterinary medicine in a jurisdiction of the United States or Canada.

(3) The applicant has satisfied at least one of the following:

(a) Passed the NAVLE within the last 5 years.

(b) Actively practiced for 4000 hours during the 5 years preceding application.

(c) Has been deemed competent to practice by the board, including satisfying any reasonable conditions imposed by the board. The board shall inquire as to whether the applicant is competent to practice as a veterinarian in this state and may impose any reasonable conditions on instatement of the license, including reexamination, as the board deems appropriate. An applicant under this paragraph is presumed to be competent to practice as a veterinarian in this state if at the time of application the applicant holds a full unexpired license issued by a similar licensing board of another jurisdiction whose standards, in the opinion of the board, are equivalent to or higher than the requirements for licensure in this state.

(4) For an applicant holding a current unrestricted license to practice veterinary medicine in a country other than the United States or Canada, who is not a graduate of an approved veterinary college, in addition to the requirements of sub. (3), submit evidence that the applicant has successfully completed either the certification program of the educational commission for foreign veterinary graduates of the AVMA or the program for the assessment of veterinary education equivalence offered by the AAVSB.

(5) For an applicant holding a current unrestricted license to practice veterinary medicine in a country other than the United States or Canada, who is a graduate of a school of veterinary medicine approved by the board, in addition to the requirements of sub. (3), submit the following:

(a) Evidence satisfactory to the board that the requirements for initial licensure in the country where the applicant was originally licensed, including examination requirements, are substantially equivalent to the requirements for graduates of schools of veterinary medicine approved by the board who are seeking initial licensure in this state; or

(b) Before November 1, 2000, evidence that the applicant has successfully completed the national board examination and the clinical competency test. On or after November 1, 2000, evidence that the applicant has successfully completed the NAVLE.

(6) Provides verification of licensure records and status which has been provided directly to the board by every jurisdiction in which the applicant has ever held a license or certificate to practice veterinary medicine or by the AAVSB.

(7) Pays the nonrefundable application fee of $185.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; CR 25-006: am. (2), r. and recr. (3), am. (6) Register February 2026 No. 842, eff. 3-1-26; correction in (3) (a) made under s. 35.17, Stats., Register February 2026 No. 842.

Wis. Admin. Code § VE 1.20 Licensure review by board {#sec-ve-1.20 omnilex-key=us-wi-regs-official--agency-ve--VE 1.20}

The board may determine that an applicant is not eligible for licensure, or a licensee is not eligible for renewal, if any of the following apply:

(1) The applicant has a conviction record or pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of veterinary medicine.

(2) The applicant has been disciplined by the veterinary licensing authority in any other jurisdiction.

(3) The applicant is a party in pending litigation in which it is alleged that the applicant is liable for acts committed in the course of practice which evidence a lack of ability or fitness to practice, as determined by the board.

(4) The applicant is currently under investigation by another veterinary licensing authority, for acts, related to the license to practice veterinary medicine, which may provide a basis for disciplinary action in this state, as determined by the board.

(5) The applicant has been found liable for damages for acts committed in the course of practice of veterinary medicine which evidenced a lack of ability or fitness to practice, as determined by the board.

(6) The applicant has had United States drug enforcement administration privileges restricted or revoked.

(7) The applicant has had physical or mental impairment, including impairment related to drugs or alcohol, which is reasonably related to the applicant’s ability to adequately undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; CR 25-006: am. (intro.), (2) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § VE 1.22 Reciprocal credentials for service members, former services members, their spouses {#sec-ve-1.22 omnilex-key=us-wi-regs-official--agency-ve--VE 1.22}

(1) The board shall grant a license or permit to an individual who the board determines meets all of the requirements under s. 89.073, Stats.

(2) A person applying for a reciprocal credential under s. 89.073, Stats., shall pay one of the following nonrefundable fees as applicable:

(a) $40 for a service member or former service member.

(b) $141 for a spouse as defined by s. 89.073 (1) (c), Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (1), (2) (intro.), (b) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 1.24 Issuing a license {#sec-ve-1.24 omnilex-key=us-wi-regs-official--agency-ve--VE 1.24}

(1) The board shall review its records to determine eligibility of the applicant for licensure. Within 30 business days of determining an applicant is eligible for licensure, the board shall issue a license to the applicant.

(2) The board shall inquire as to whether the applicant is competent to practice as a veterinarian in this state and shall impose any reasonable conditions in issuing the license, including reexamination, as the board deems appropriate, if any of the following apply:

(a) The applicant has not previously been licensed in any jurisdiction and passed the NAVLE more than 5 years ago.

(b) The applicant was previously licensed in Wisconsin or another jurisdiction and has not been licensed in any jurisdiction for more than 5 years.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.26 Administrative fees {#sec-ve-1.26 omnilex-key=us-wi-regs-official--agency-ve--VE 1.26}

(1) A person requesting a printed license shall pay a nonrefundable fee of $10.

(2) A person requesting verification of licensure to another state or organization shall pay a nonrefundable fee of $10.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.28 Renewal of license {#sec-ve-1.28 omnilex-key=us-wi-regs-official--agency-ve--VE 1.28}

A license expires if not renewed by January 1 of even-numbered years. Subject to s. VE 1.20, a licensee who allows the license to expire may apply to the board for renewal of the license as follows:

(1) If the licensee applies for renewal of the license less than 5 years after its expiration, the license shall be renewed upon payment of the renewal fee, payment of the late fee if applicable, and fulfillment of 30 hours of continuing education required under s. VE 1.30 completed before the license renewal.

(2) If the licensee applies for renewal of the license 5 or more years after its expiration, in addition to requiring the licensee to pay the renewal fee and late fee, and to fulfill the continuing education hours required under s. VE 1.30 completed before the license renewal, the board shall inquire as to whether the applicant is competent to practice as a veterinarian in this state and shall impose any reasonable conditions on reinstatement of the license, including reexamination, as the board deems appropriate. An applicant under this subsection is presumed to be competent to practice as a veterinarian in this state if at the time of application for renewal the applicant holds a full unexpired license issued by a similar licensing board of another jurisdiction whose standards, in the opinion of the board, are equivalent to or higher than the requirements for licensure in this state. Notwithstanding any presumption of competency under this subsection, the board shall require each applicant under this subsection to pass the examination specified under s. VE 1.14 (2).

(3) The licensee shall pay a nonrefundable renewal fee of $160.

(4) A licensee who submits a license renewal after January 1 of even numbered years shall pay, in addition to the renewal fee under sub. (3), a nonrefundable late fee of $25.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; CR 25-006: am. (intro.), (2) Register February 2026 No. 842, eff. 3-1-26.

Wis. Admin. Code § VE 1.30 Continuing education; requirements {#sec-ve-1.30 omnilex-key=us-wi-regs-official--agency-ve--VE 1.30}

(1)

(a) Except as provided in subs. (2) and (3), a veterinarian shall complete at least 30 hours of continuing education pertinent to veterinary medicine in each biennial renewal period. The 30 hours of continuing education shall include at least 25 hours of continuing education that relates to scientific topics pertinent to veterinary medicine.

(b) All 30 continuing education hours in this subsection shall be documented. A minimum of 25 hours of continuing education shall be documented by an approved continuing education provider.

(2) Subsection (1) does not apply to an applicant who applies to renew a license that expires on the first expiration date after the initial issuance of the license.

(3) The board may waive the requirements, under sub. (1), if it finds that exceptional circumstances, such as prolonged illness, disability, or other similar circumstances, have prevented an applicant from meeting the requirements.

(4) Continuing education hours shall be completed during the preceding 2-year licensure period.

(5) To obtain credit for completion of continuing education hours, a licensee shall, at the time of each renewal, sign a statement saying that the licensee has completed, during the preceding 2-year licensure period, the continuing education programs required under sub. (1).

(6) A veterinarian who fails to complete the continuing education requirements by the renewal date shall not practice as a veterinarian until the license is renewed.

(7) For auditing purposes, every veterinarian shall maintain records of continuing education hours for at least 5 years from the date the certification statement required under sub. (5) is signed. The board may audit for compliance by requiring a veterinarian to submit evidence of compliance to the board for the biennium immediately preceding the biennium in which the audit is performed. Documentation of completion of continuing education hours shall include one of the following:

(a) A certificate of attendance from an approved course provider.

(b) A grade report or transcript from an accredited college or university.

(d) A copy of a meeting syllabus, announcement, abstract or proceeding for a presentation.

(e) A signed document from an internship or residency institution certifying enrollment in a program.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.32 Continuing education; programs and courses {#sec-ve-1.32 omnilex-key=us-wi-regs-official--agency-ve--VE 1.32}

(1) Criteria for programs and course approval. To be approved, a continuing education program or course shall meet the following criteria:

(a) The subject matter of the program or course shall be pertinent to veterinary medicine.

(b) The program or course sponsor agrees to record registration and furnish a certificate of attendance to each participant.

(2) Unrelated subject matter. If a continuing education course includes subject matter that is not pertinent to veterinary medicine, only those portions of the course that relate to veterinary medicine will qualify as continuing education under this chapter.

(3) Modalities and methods of delivery. Modalities and methods of delivery of continuing education programs acceptable to the board include one or more of the following:

(a) Attendance at a scientific workshop, seminar, or laboratory demonstration pertinent to veterinary medicine.

(b) Enrollment in graduate or other college level courses pertinent to veterinary medicine. Credit for qualified courses will be approved on the basis of multiplying each college credit hour by 10.

(c) Enrollment in an internship, residency or certification program approved by a veterinary specialty organization recognized by the AVMA or in an AVMA accredited veterinary school.

(d) Authorship or co-authorship of a published work, such as review articles, abstracts, presentations, proceedings, book chapters, and web-based continuing education materials shall be approved for 5 hours each.

(e) A peer reviewed publication shall be approved for 5 hours.

(f) Development and presentation of research findings, scientific workshops, seminars or laboratory demonstrations pertinent to veterinary medicine shall be approved for 5 contact hours each.

(g) Up to 15 hours per biennium shall be granted for a combination of continuing education hours completed under pars. (d) to (f), provided the continuing education is published or presented under the auspices of a provider approved under sub. (4).

(h) On-line, video, audio, correspondence courses, or other interactive distance learning courses pertinent to veterinary medicine, or to employment as a veterinarian.

(4) Approved program providers. Subject to compliance with the requirements set forth in subs. (1) to (3), the board shall approve attendance at and completion of one or more continuing education programs approved by any one of the following approved program providers as fulfilling the continuing education hours required under this chapter:

(a) A national, regional, state, or local veterinary medical or veterinary technician association.

(b) A federal or state agency.

(d) An association listed in the AVMA or the National Association of Veterinary Technicians in America directory.

(e) An AVMA accredited veterinary school or veterinary technician program.

(f) A program approved by the AAVSB through its Registry of Approved Continuing Education approval program.

(g) A foreign veterinary medical or veterinary technician association, an accredited college or university, or a governmental agency that is, as determined by the board comparable to a program provider listed under pars. (a) to (f).

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter IV Permits

Wis. Admin. Code § VE 1.34 Temporary veterinary permits {#sec-ve-1.34 omnilex-key=us-wi-regs-official--agency-ve--VE 1.34}

(1) In this section, “preceptor” means a veterinarian who agrees to supervise a holder of a temporary veterinary permit.

(2) An applicant may be granted a temporary veterinary permit before the board receives notice of successful completion of the NAVLE or the examination on state laws and rules related to the practice of veterinary medicine, if the applicant provides evidence that the applicant is either scheduled to take the examination for the first time, or is awaiting results of the examination.

(3) An applicant shall complete an application for temporary veterinary permit and submit the nonrefundable fee of $10.

(4) The board shall receive written verification of employment signed and provided directly to the board by the preceptor.

(5) The application and verification required by subs. (3) and (4) shall be received by the board office at least 2 weeks prior to the date the applicant intends to begin work.

(6) In order to provide supervision for a holder of a temporary veterinary permit, a preceptor shall do all of the following:

(a) Delegate only those tasks commensurate with demonstrated abilities of the temporary veterinary permit holder.

(b) Be available for direct communication with the temporary veterinary permit holder when the temporary veterinary permit holder is providing veterinary services. Direct communication shall be in person, by telephone, video conference, or electronic communication device.

(7) A temporary veterinary permit shall expire upon any of the following:

(a) Notification of failure of any examination.

(b) Failure to take the next scheduled examination.

(d) Denial of a license.

(8) An applicant may be granted a temporary veterinary permit only once.

(9) Any change or addition of preceptor shall be reported to the board by filing a new verification as specified in sub. (4).

(10) Within 30 business days of determining an applicant is eligible for a temporary permit, the board shall issue a permit to the applicant. Notification of issuance shall also be provided to the preceptor.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.36 Veterinary consulting permits {#sec-ve-1.36 omnilex-key=us-wi-regs-official--agency-ve--VE 1.36}

(1) The board may issue a veterinary consulting permit to practice veterinary medicine in this state to a person holding a license to practice veterinary medicine in another state or territory of the U.S. or in another country, provided the licensee is in good standing in the other jurisdiction, and a veterinarian has requested a consultation.

(2) A veterinary consulting permit may be used up to 60 total days per calendar year.

(3) The veterinary consulting permit shall expire on December 31 of each year or on the 60th day of use in a calendar year. The holder of a consulting permit may apply for a new permit for a subsequent year by completing the application procedure specified in this section.

(4) An applicant for a veterinary consulting permit shall file a completed application with the board. All supporting documents shall be provided in English. An application is not complete until the board receives all of the following:

(a) An application form provided by the board and completed by the applicant which includes the applicant’s notarized signature.

Note: Applications are available upon request to the board office located 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911.

(b) The required nonrefundable fee of $160.

(c) Verification of licensure records and status which has been provided directly to the board by the jurisdictions or the AAVSB for every state or country in which the applicant has ever held a license or certificate to practice veterinary medicine.

(d) Written verification from a veterinarian that a consultation is being sought.

(5) A veterinary consulting permit shall automatically expire upon notice to the board that the consultation has been completed.

(6) After hearing, a veterinary consulting permit may be denied, suspended, limited or revoked, or the permittee may be reprimanded, for any of the following reasons:

(a) Revisiting the patient or client or communicating directly with the client without the knowledge of the attending veterinarian.

(b) Taking charge of a case or problem without the consent of the attending veterinarian and the client.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.38 Faculty license {#sec-ve-1.38 omnilex-key=us-wi-regs-official--agency-ve--VE 1.38}

(1) Application. An applicant for a faculty license under s. 89.06 (2m) (a), Stats., shall file a completed application with the board. All supporting documents shall be submitted in English. An application is not complete until the board receives all of the following:

(a) An application form provided by the board and completed by the applicant, which includes the applicant’s notarized signature.

Note: Applications are available upon request to the board office located at 2811 Agriculture Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911.

(b) The required nonrefundable fee of $185.

(c) Verification of employment by a school of veterinary medicine in this state which has been submitted directly to the board by the dean of the school.

(d) Proof of graduation through one of the following means:

A certificate of graduation from an approved veterinary college signed and sealed by the dean of the school submitted directly to the board by the school, or evidence of substantially equivalent qualifications.
Certification of graduation provided by the AAVSB.

(e) Successful completion of an examination on state laws and rules related to the practice of veterinary medicine.

(2) Disciplinary action. A faculty license may be denied, suspended, limited or revoked, or the licensee may be reprimanded, for any of the following reasons:

(a) Violation of any law or regulation substantially related to the practice of veterinary medicine.

(b) Engaging in the practice of veterinary medicine in this state outside the scope of employment unless licensed to do so.

(3) Expiration. The faculty license expires upon termination of the faculty employee’s employment with the school of veterinary medicine, as reported by the dean of the school of veterinary medicine.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.40 Post graduate training permit {#sec-ve-1.40 omnilex-key=us-wi-regs-official--agency-ve--VE 1.40}

(1) The board may grant a post graduate training permit allowing the permit holder to practice veterinary medicine on privately owned animals only within the scope of the permittee’s internship or residency program at a school of veterinary medicine in this state.

(2) An applicant for a post graduate training permit under s. 89.06 (2m) (b), Stats., shall file a completed application with the board. All supporting documents shall be provided in English. An application shall not be considered complete until the board receives all of the following:

(a) An application form provided by the board and completed by the applicant, including the applicant’s notarized signature.

Note: Applications are available upon request to the board office located at 2811 Agriculture Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911.

(b) Evidence that the applicant has received a degree from a school of veterinary medicine or an equivalent degree.

(d) Verification that the applicant is undertaking intern or resident training at a school of veterinary medicine in this state. Verification shall consist of certification signed and sealed by the dean of the school and submitted directly to the board by the school.

(3) An applicant for a post graduate training permit shall successfully complete an examination on state laws and rules related to the practice of veterinary medicine before a permit may be issued.

(4) A post graduate training permit may be denied, suspended, limited or revoked, or the licensee may be reprimanded, for any of the following reasons:

(a) Violation of any law or regulation substantially related to the practice of veterinary medicine.

(b) Engaging in the practice of veterinary medicine in the State of Wisconsin outside the scope of the training program unless licensed to do so.

(5) The post graduate training permit expires upon termination of the permittee’s internship or residency program, as reported by the dean of the school of veterinary medicine.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.42 Veterinary students {#sec-ve-1.42 omnilex-key=us-wi-regs-official--agency-ve--VE 1.42}

(1) A veterinary student may practice veterinary medicine within the school of veterinary medicine pursuant to standards and supervisory protocols established by the school.

(2) A veterinary student may perform delegated veterinary acts outside of the school setting as set forth under s. VE 1.44 (1), (3), and (9).

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter VI Standards of Practice and Unprofessional Conduct

Wis. Admin. Code § VE 1.44 Delegation of veterinary medical acts {#sec-ve-1.44 omnilex-key=us-wi-regs-official--agency-ve--VE 1.44}

(1) In delegating the provision of veterinary medical acts to veterinary students, certified veterinary technicians and others, the veterinarian shall do all of the following:

(a) Delegate only those tasks commensurate with the education, training, experience and demonstrated abilities of the person supervised.

(b) Provide the supervision required under subs. (2) to (8).

(c) Where the veterinarian is not required to be personally present on the premises where the delegated services are provided, be available at all times for consultation either in person or within 15 minutes of contact by telephone, by video conference or by electronic communication device.

(d) Observe and monitor the activities of those supervised on a daily basis.

(e) Evaluate the effectiveness of delegated acts performed under supervision on a daily basis.

(f) Establish and maintain a daily log of each delegated patient service which has been provided off the premises of the supervising veterinarian.

(g) Notify the client that some services may be provided by a veterinary student, certified veterinary technician or an unlicensed assistant.

(2) The following acts are limited to those holding a license under s. 89.06 (1), 89.06 (2m) (a), or 89.072, Stats.; a permit under s. VE 1.36, 1.38, or 1.40; or active status as a student at a college of veterinary medicine approved by the board, and may not be delegated to or performed by veterinary technicians or other persons not holding such license or permit:

(a) Diagnosis and prognosis of animal diseases and conditions.

(b) Prescribing of drugs, medicines, treatments and appliances.

(c) Performing surgery, which means any procedure in which the skin or tissue of the patient is penetrated or severed but does not include any of the following:

Activities not considered the practice of veterinary medicine, as follows:

a. Activities identified in s. 89.05 (2) (a) and (b), Stats.

b. Subcutaneous insertion of a microchip for identifying an animal.

c. Ear tag or tattoo placement for identifying an animal.

d. Euthanasia by injection.

Activities considered the practice of veterinary medicine, but which a veterinarian may delegate to a certified veterinary technician, as specified in s. VE 1.44 (5) and (6), as follows:

a. Simple dental extractions that require minor manipulation and minimal elevation.

b. Administration of injections, including local and general anesthesia.

c. Sample collection via a cystocentesis procedure.

d. Placement of intravenous and arterial catheters.

e. Suturing of tubes and catheters.

f. Fine needle aspirate of a mass.

g. Performing amniocentesis, embryo collection and transfer, follicular aspiration, and transvaginal oocyte collection and recovery on livestock.

(3) Except as provided under s. 95.21 (2), Stats., veterinarians may delegate to veterinary students the provision of veterinary medical services under the supervision of the veterinarian when the veterinarian is personally present on the premises where the services are provided.

(4) Except as provided under s. 95.21 (2), Stats., veterinarians may delegate to certified veterinary technicians the provision of the following veterinary medical services under the supervision of the veterinarian:

(a) Nonsurgical veterinary treatment of animal diseases and conditions, including administration of vaccines.

Note: See s. 95.21 (2) (a), Stats., for the delegation of rabies vaccinations.

(b) Observations and findings related to animal diseases and conditions to be utilized by a veterinarian in establishing a diagnosis or prognosis, including routine radiographs, nonsurgical specimen collection, drawing of blood for diagnostic purposes, and laboratory testing procedures.

(d) Nutritional evaluation and counseling.

(e) Except to certified veterinary technicians who are also licensed professionals governed by the provisions in s. VE 1.48, the provision of any complementary, alternative, or integrative therapy, as defined in s. VE 1.48 (1).

(5) Veterinarians may delegate to certified veterinary technicians the provision of the following veterinary medical services under the supervision of the veterinarian when the veterinarian is available to communicate via telehealth technologies within 5 minutes or the veterinarian is personally present on the premises where the services are provided:

(a) Performing diagnostic radiographic awake contrast studies not requiring general anesthesia.

(b) Sample collection via cystocentesis procedure.

(d) Suturing of tubes and catheters.

(f) Fine needle aspirate of a mass.

(6) Veterinarians may delegate to certified veterinary technicians the provision of the following veterinary medical services under the supervision of the veterinarian when the veterinarian is personally present on the premises where the services are provided:

(a) Administration of local or general anesthesia, including induction and monitoring.

(b) Performing diagnostic radiographic contrast studies, including those requiring general anesthesia.

(d) Placement of arterial catheters.

(e) Performing amniocentesis, embryo collection and transfer, follicular aspiration, and transvaginal oocyte collection and recovery on livestock.

(7) Veterinarians may delegate to unlicensed assistants the provision of the following veterinary medical services under the supervision of the veterinarian:

(a) Basic diagnostic studies, including routine radiographs, nonsurgical specimen collection, and laboratory testing procedures.

(b) Monitoring and reporting to the veterinarian changes in the condition of a hospitalized patient.

(8) Except as provided under s. 95.21, Stats., veterinarians may delegate to unlicensed assistants the provision of the following veterinary medical services under the supervision of the veterinarian when the veterinarian is personally present on the premises where the services are provided:

(a) Nonsurgical veterinary treatment of animal diseases and conditions, including administration of vaccines, and administration of sedatives and presurgical medications.

(b) Observations and findings related to animal diseases and conditions to be utilized by a veterinarian in establishing a diagnosis or prognosis, including the drawing of blood for diagnostic purposes.

(d) Nutritional evaluation and counseling.

(e) Placement of intravenous catheters.

(9) Notwithstanding subs. (1) to (8), a veterinary student, certified veterinary technician or unlicensed assistant employed by a veterinarian may, under the supervision of the veterinarian and pursuant to mutually acceptable written protocols, perform evaluative and treatment procedures necessary to provide an appropriate response to life-threatening emergency situations for the purpose of stabilizing the patient pending further treatment.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in numbering of (2) (c) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 1.46 Veterinary consulting {#sec-ve-1.46 omnilex-key=us-wi-regs-official--agency-ve--VE 1.46}

(1) Definitions. In this section:

(a) “Consulting veterinarian” means the veterinarian who gives advice or assistance, whether in-person or by any method of communication, to the attending veterinarian, for the benefit of a patient.

(b) “Consultant” means a person whose subject matter expertise, in the opinion of the attending veterinarian, will benefit a patient, and who gives the attending veterinarian advice or assistance, whether in-person or by any method of communication.

(2) A consulting veterinarian or other consultant may give advice or assistance to the attending veterinarian where the VCPR remains with the attending veterinarian and the responsibility for patient treatment, prescriptions, and welfare remain with the attending veterinarian.

(3) A consulting veterinarian or other consultant may not do any of the following:

(a) Visit the patient or client or communicate directly with the client without the knowledge of the attending veterinarian.

(b) Take charge of a case or problem without the consent of the attending veterinarian and the client.

(4) Subsection (3) does not apply to other veterinarians licensed by the board, practicing with the attending veterinarian, who have access to, and have reviewed, the medical history and records of the animal.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.48 Veterinary referral to a license holder in another profession {#sec-ve-1.48 omnilex-key=us-wi-regs-official--agency-ve--VE 1.48}

(1) In this section, “Complementary, alternative, and integrative therapies” means a heterogeneous group of preventive, diagnostic, and therapeutic philosophies and practices. These therapies include:

(a) Veterinary acupuncture, acutherapy, and acupressure.

(b) Veterinary homeopathy.

(c) Veterinary manual or manipulative therapy, meaning therapies based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy.

(d) Veterinary nutraceutical therapy.

(e) Veterinary phytotherapy.

(2) A veterinarian may make a referral to a client, for treatment of a patient by a license holder in another profession, using complimentary, alternative, or integrative therapies, as defined in sub. (1), if the license holder, to whom the client and patient are referred, provides all of the following evidence to the veterinarian for performing the type of therapy for which the referral is being made:

(a) The license holder’s current licensing in good standing, with the applicable board through the department of safety and professional services.

(b) The license holder’s education, training, and experience in performing the therapy on an animal.

(3) The VCPR, as defined in s. 89.02 (8), Stats., does not extend to the provision of any complementary, alternative, or integrative therapy performed on a veterinarian’s patient, under either of the following circumstances:

(a) The therapy is performed by a license holder in another profession, where the veterinarian demonstrates meeting the requirements, in sub. (2), for making the referral to the license holder.

(b) The veterinarian’s client obtains any complementary, alternative, or integrative therapy services for a veterinarian’s patient without a referral by the veterinarian.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.50 Veterinary telemedicine {#sec-ve-1.50 omnilex-key=us-wi-regs-official--agency-ve--VE 1.50}

(1) In this section, “telemedicine” means the remote delivery of veterinary healthcare services, such as health assessments or consultations, over the telecommunications infrastructure, allowing a veterinarian to evaluate, diagnose and treat patients without the need for an in-person visit.

(2) The practice of veterinary medicine, in accordance with ss. 89.05 (1) and 89.02 (6), Stats., takes place where the animal is located at the time of practice.

(3) In order to practice veterinary telemedicine in Wisconsin, a veterinarian must be licensed in Wisconsin.

(4) Except as provided under subs. (6) and (7) and s. VE 1.46, the veterinarian must have an established VCPR with the client. The VCPR must be established via an in-person physical exam, or timely medically appropriate visits to the premises on which the patient is kept. The VCPR may not be established by telehealth technologies.

(5) The VCPR, once established, extends to other veterinarians licensed by the board, who are practicing with the attending veterinarian, and who have access to, and have reviewed, the medical history and records of the animal.

(6) Tele-triage and emergency animal care, including animal poison control services, for immediate, potentially life-threatening animal health situations, including poison exposure mitigation, animal cardiopulmonary resuscitation instructions, and other critical lifesaving treatment or advice that may be performed within or outside of a VCPR.

(7) A veterinarian may provide general advice in general terms that is not specific to an individual animal or group of animals, diagnosis, or treatment, and may provide this general advice within or outside of an established VCPR.

(8) Records must be kept in accordance with this chapter.

(9) In accordance with s. 89.02 (8) (c), Stats., an animal owner must be able to easily seek follow-up care or information from the veterinarian who conducts an encounter while using telehealth technologies.

(10) A veterinarian using telehealth technologies is required to follow all applicable requirements of this chapter.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2), (9) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 1.52 Records {#sec-ve-1.52 omnilex-key=us-wi-regs-official--agency-ve--VE 1.52}

(1) A veterinarian shall maintain individual patient records on every patient administered to by the veterinarian other than food and fiber patients and equine patients for a period of not less than 3 years after the date of the last entry. The veterinarian shall keep individual client records for equine and food and fiber patients for 3 years after the date of the last entry. A computerized system may be used for maintaining a record, as required under this section, if the system is capable of producing a printout of records contained in such system within 48 hours of a request.

(2) The individual patient record shall contain clinical information pertaining to patients other than food and fiber patients and equine patients with sufficient information to justify the diagnosis and warrant treatment, including information regarding each of the following matters which apply:

(a) Date.

(b) Client name.

(d) History.

(e) Complaint.

(f) Present illness.

(g) Provisional diagnosis.

(h) Physical examination findings.

(i) Record of client’s informed consent by signature and date or other specified means.

(j) Treatment — medical, surgical.

(k) Vaccinations administered.

(L) Drugs prescribed, dispensed or administered, including strength or concentration, route of administration, dosing schedule, number dispensed and number of refills allowed.

(m) Final diagnosis.

(n) Consultation, if any.

(o) Clinical laboratory reports.

(p) Radiographic reports.

(q) Necropsy findings.

(r) Identification of the veterinarian providing the care.

(3) The client record for food and fiber patients shall contain at least the following information which apply:

(a) Date.

(b) Client name.

(d) Individual or herd diagnosis.

(e) Record of client’s informed consent by signature and date or other specified means.

(f) Treatment and drugs used including amounts of drugs administered and method of administration.

(g) Drugs dispensed including dosing schedule and number dispensed.

(h) Meat or milk withholdings.

(i) Clinical laboratory reports.

(j) Identification of the veterinarian providing the care.

(4) The client record for equine patients shall contain at least the following information which applies:

(a) Date.

(b) Client name.

(d) History.

(e) Physical examination findings.

(f) Diagnosis.

(g) Record of client’s informed consent by signature and date or other specified means.

(h) Treatment-medical, surgical.

(i) Treatment and drugs used including amount of drugs administered and method of administration.

(j) Drugs dispensed including dosing schedule and number dispensed.

(k) Clinical laboratory reports.

(L) Radiographic reports.

(m) Necropsy findings.

(n) Identification of the veterinarian providing the care.

(5) A veterinarian shall provide access to health care records in accordance with s. 89.075, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (5) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 1.54 Change of name and address {#sec-ve-1.54 omnilex-key=us-wi-regs-official--agency-ve--VE 1.54}

Every veterinarian shall notify the board of a change of name or address within 30 days.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.56 Display of license {#sec-ve-1.56 omnilex-key=us-wi-regs-official--agency-ve--VE 1.56}

Each veterinarian shall display a current license in a manner conspicuous to the public view, and shall at all times have evidence of licensure available for inspection when practicing at a remote location.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 1.58 Unprofessional conduct {#sec-ve-1.58 omnilex-key=us-wi-regs-official--agency-ve--VE 1.58}

Unprofessional conduct by a veterinarian is prohibited. Unprofessional conduct includes:

(1) Unprofessional conduct under s. 89.07 (1), Stats.

(2) Conduct in the practice of veterinary medicine which evidences a lack of knowledge or ability to apply professional principles or skills.

(3) Fraud in the practice of veterinary medicine, including any of the following:

(a) The making of false claims regarding knowledge, ability, skills or facilities for use in treatment or diagnosis of a disease.

(b) The making of false claims regarding testing, inspecting, reporting or issuing of inter-state, intra-state or export health certificates.

(4) Gross, serious, or grave negligence, as compared to less serious or more ordinary acts of negligence, in the practice of veterinary medicine.

(5) “Deception” in the practice of veterinary medicine, including any of the following:

(a) Claiming to have performed an act or given a treatment which has not in fact been performed or given.

(b) Giving needless treatment.

(6) Being convicted of a crime the circumstances of which substantially relate to the practice of veterinary medicine.

(7) Violating or aiding and abetting the violation of any law or administrative rule or regulation substantially related to the practice of veterinary medicine.

(8) Advertising in a manner which is false, fraudulent, misleading or deceptive, or knowingly maintaining a professional association with another veterinarian or veterinary firm that advertises in a manner which is false, fraudulent, misleading or deceptive.

(9) Having a veterinary license or federal veterinary accreditation limited, suspended or revoked, or having been subject to any other related discipline or restriction.

(10) Practicing or attempting to practice, while the veterinarian has a physical or mental impairment, including impairment related to drugs or alcohol which is reasonably related to the applicant’s ability to adequately undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public.

(11) The personal use, misuse, or sale, other than for medical treatment of patients, of the drugs listed in the U.S. Controlled Substances Act of 1979, as amended, or ch. 961, Stats., except personal use of drugs prescribed by a physician for individual use by the veterinarian.

(12) Prescribing, ordering, dispensing, administering, supplying or giving of any amphetamine, its salts, isomers and salts of its isomers or related sympathomimetic amine drug designated as a Schedule II drug in ch. 961, Stats., except for the treatment of narcolepsy or hyperkinesis in animals who do not respond to other methods of treatment, or for clinical research of these compounds as approved by the board. A written description of the intended research project proposed shall be filed with the board prior to conducting the research.

(13) Prescribing or dispensing veterinary prescription drugs to a client without following the requirements in s. 89.068 (1) (c), Stats.

(14) Dispensing any veterinary prescription drugs to a person unless the person requests fulfillment of a prescription meeting the requirements of s. 89.068 (1) (b), Stats.

(15) Failure to include on the label of a prescription drug the generic or brand name of the drug dispensed, the name and address of the clinic or veterinarian dispensing the drug, the directions for use and caution statements required by law. In case of companion animals, the prescription shall bear the name or identification of the patient.

(16) Prescribing, ordering, dispensing, administering, supplying or giving any controlled substance solely for training or racing purposes and not for a medically sound reason.

(17) Allowing a veterinary student to treat a patient without the veterinarian giving supervision.

(18) Failure of the veterinarian to advise the client that the person assisting is a veterinary student or unlicensed assistant.

(19) Failure to maintain records as required by s. VE 1.52.

(20) Refusal, upon request, to cooperate in a timely manner with the board’s investigation of complaints lodged against the veterinarian. Persons taking longer than 30 days to provide requested information shall have the burden of demonstrating that they have acted in a “timely manner.”

(21) Failure to keep the veterinary facility and all equipment, including mobile units, in a clean and sanitary condition while practicing as a veterinarian.

(22) Failure of a veterinarian to permit the board or its agents to enter and inspect the veterinarian’s practice facilities, vehicle, equipment and records during office hours and other reasonable hours.

(23) Engaging in unsolicited communications to members of the board regarding a matter under investigation by the board other than to the investigative member of the board.

(24) Practicing under an expired license.

(25) Exceeding the scope of veterinary practice, as defined in s. 89.02 (6), Stats., by providing medical treatment to humans or distributing, prescribing or dispensing for human use prescription drugs, as defined in s. 450.01 (20), Stats., or any drug labelled for veterinary or animal use only.

(26) Falsely certifying to the board under s. VE 1.30 (5) that the veterinarian:

(a) Has completed the 30 hours of continuing education required under s. VE 1.30 (1).

(b) Is exempt under s. VE 1.30 (2) from having to complete the 30 hours of continuing education required under s. VE 1.30 (1).

(27) Failure to inform a client prior to treatment of the diagnostic and treatment options consistent with the veterinary profession’s standard of care, meaning diagnostic procedures and modes of treatment considered by the veterinary profession to be within the scope of current, acceptable veterinary medical practice, and the associated benefits and risks of those options.

(28) Failure to release a patient’s medical records as required by s. 89.075, Stats.

(29) Advertising a specialty or claiming to be a specialist when not a diplomate of a veterinary specialty organization recognized by the AVMA American Board of Veterinary Specialties or by a foreign veterinary specialty organization which, in the opinion of the board, is equivalent to an AVMA American Board of Veterinary Specialists recognized veterinary specialty organization.

(30) Failure to provide copies of or information from veterinary records, with or without the client’s consent, to the board or to public health, animal health, animal welfare, wildlife or agriculture authorities, employed by federal, state, or local governmental agencies who have a legal or regulatory interest in the contents of said records for the protection of animal or public health.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (1) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 1.60 Board action {#sec-ve-1.60 omnilex-key=us-wi-regs-official--agency-ve--VE 1.60}

The board may reprimand the licensee or deny, suspend, limit or revoke a veterinary license or permit under this chapter for cause, including any of the following:

(1) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.

(2) Violating this chapter or ch. 89, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Chapter VE 2 VETERINARY TECHNICIANS

Subchapter I Authority and Definitions

Wis. Admin. Code § VE 2.01 Authority {#sec-ve-2.01 omnilex-key=us-wi-regs-official--agency-ve--VE 2.01}

The rules in this chapter are adopted by the veterinary examining board pursuant to the authority delegated by ss. 15.08 (5), 89.03 (1) and (2), and 227.11 (2), Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.02 Definitions {#sec-ve-2.02 omnilex-key=us-wi-regs-official--agency-ve--VE 2.02}

In this chapter:

(1) “Accredited college or university” means an educational institution that is accredited by a regional or national accrediting agency recognized by the U.S. Department of Education.

(2) “AVMA” means the American veterinary medical association.

(3) “Board” means the veterinary examining board.

Note: The board office is located at 2811 Agriculture Drive, P.O. Box 8911, Madison, Wisconsin 53708-8911.

(4) “Certificate” means a document issued to a person by the board, after the person has met the requirements of s. 89.06 (3), Stats., signifying that the person has met the statutory requirements to practice veterinary technology in Wisconsin.

(5) “Client” has the meaning set forth at s. 89.02 (3), Stats.

(6) “Department” has the meaning set forth at s. 89.02 (3d), Stats.

(7) “Patient” has the meaning set forth at s. 89.02 (4s), Stats.

(8) “VTNE” means the veterinary technician national exam.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter II Certification

Wis. Admin. Code § VE 2.04 Certification {#sec-ve-2.04 omnilex-key=us-wi-regs-official--agency-ve--VE 2.04}

(1) The board may issue a certificate to practice as a veterinary technician to an applicant who does all of the following:

(a) Submits an application form provided by the board which includes the applicant’s notarized signature.

Note: Applications are available upon request to the board office located at 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911 or at the website at www.datcp.wi.gov.

(b) Meets the age and training requirements of s. 89.06 (3), Stats.

$115 for an applicant who has never been credentialed in Wisconsin or another jurisdiction.
$185 for an applicant who has previously been credentialed in Wisconsin or another jurisdiction.

(d) Has successfully completed both the VTNE and an examination on state laws and rules related to the practice of veterinary technology, the results of which shall be submitted directly to the board by the department’s office of examinations or the interstate reporting services.

(e) Provides verification of licensure records and status which has been provided directly to the board by the jurisdictions or the American Association of Veterinary State Boards for every state or country in which the applicant has ever held a license or certificate to practice veterinary technology.

Note: The board accepts the classification of “veterinary nurse” in other jurisdictions as equivalent to “veterinary technician.”

(f) Does not have a conviction record or pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of veterinary technology. An applicant who has a conviction record or pending criminal charge shall request appropriate authorities to provide information about the record or charge directly to the board in sufficient specificity to enable the board to make a determination.

(g) Provides all supporting documents in English.

(2) The board shall review its records to determine eligibility of the applicant. Within 30 business days of determining an applicant is eligible for certification, the board shall issue a certificate to the applicant.

(3) The board shall inquire as to whether the applicant is competent to practice as a veterinary technician in this state and shall impose any reasonable conditions on instatement of the certificate, including reexamination, as the board deems appropriate, if any of the following apply:

(a) The applicant has not previously been certified in any jurisdiction and passed the VTNE more than 5 years ago.

(b) The applicant was previously certified in Wisconsin or another jurisdiction and has not been certified in any jurisdiction for more than 5 years.

(d) The applicant has pending related discipline or litigation in any jurisdiction.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.06 Reciprocal credentials for service members, former services members, their spouses {#sec-ve-2.06 omnilex-key=us-wi-regs-official--agency-ve--VE 2.06}

(1) The board shall grant a certification to an individual who the board determines meets all of the requirements under s. 89.073, Stats.

(2) A person applying for a reciprocal credential under s. 89.073, Stats., shall pay one of the following nonrefundable fees as applicable:

(a) $40 for a service member or former service member.

(b) $141 for a spouse as defined by s. 89.073 (1) (c), Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (1), (2) (intro.), (b) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 2.08 Passing scores {#sec-ve-2.08 omnilex-key=us-wi-regs-official--agency-ve--VE 2.08}

(1) The passing score for veterinary technician applicants on the written national examination shall be based on the board’s determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point that represents minimum acceptable competence in the profession. The board may accept the recommendation of the national examination provider.

(2) The passing score for an examination on state laws and rules related to the practice of veterinary technology shall be based on the board’s determination of the level of examination performance required for minimum acceptable competence in the profession. The board shall make the determination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing score for the examination at that point that represents minimum acceptable competence in the profession.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.10 Administrative fees {#sec-ve-2.10 omnilex-key=us-wi-regs-official--agency-ve--VE 2.10}

(1) A person requesting a printed certificate shall pay a nonrefundable fee of $10.

(2) A person requesting verification of certification to another state or organization shall pay a nonrefundable fee of $10.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.12 Renewal of certification {#sec-ve-2.12 omnilex-key=us-wi-regs-official--agency-ve--VE 2.12}

A certificate expires if not renewed by January 1 of even-numbered years. A certificate holder who allows the certificate to expire may apply to the board for renewal of the certificate as follows:

(1) If the certificate holder applies for renewal of the certificate less than 5 years after its expiration, the certificate shall be renewed upon payment of the renewal fee and late fee and fulfillment of 15 hours of continuing education required under s. VE 2.14 completed before the certificate renewal.

(2) If the certificate holder applies for renewal of the certificate 5 or more years after its expiration, in addition to requiring the certificate holder to pay the renewal fee and late fee, and to fulfill the continuing education hours required under s. VE 2.14 completed before the certificate renewal, the board shall inquire as to whether the applicant is competent to practice as a veterinary technician in this state and shall impose any reasonable conditions on renewal of the certificate including reexamination, as the board deems appropriate. An applicant under this subsection is presumed to be competent to practice as a veterinary technician in this state if at the time of application for renewal the applicant holds a full unexpired certificate issued by a similar licensing board of another state or territory of the United States or of a foreign country or province whose standards, in the opinion of the board, are equivalent to or higher than the requirements for certification in this state. Notwithstanding any presumptions of competency under this subsection, the board shall require each applicant under this subsection to pass the examination specified under s. VE 2.04 (1) (d).

(3) The certificate holder shall pay a nonrefundable renewal fee of $160.

(4) A certificate holder who submits a certificate renewal after January 1 of even numbered years shall pay, in addition to the renewal fee under sub. (3), a nonrefundable late fee of $25.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register August 2026 No. 848.

Wis. Admin. Code § VE 2.14 Continuing education; requirements {#sec-ve-2.14 omnilex-key=us-wi-regs-official--agency-ve--VE 2.14}

(1)

(a) Except as provided in subs. (2) and (3), a veterinary technician shall complete at least 15 hours of continuing education pertinent to veterinary medicine or veterinary technology in each biennial renewal period. The 15 hours of continuing education shall include at least 10 hours of continuing education that relates to scientific topics pertinent to veterinary medicine.

(b) All 15 continuing education hours required in this subsection shall be documented. A minimum of 12 hours of continuing education shall be documented by an approved continuing education provider.

(2) Subsection (1) does not apply to an applicant who applies to renew a certificate that expires on the first expiration date after the initial issuance of the certificate.

(3) The board may waive the requirements under sub. (1) if it finds that exceptional circumstances, such as prolonged illness, disability, or other similar circumstances, have prevented an applicant from meeting the requirements.

(4) Continuing education hours shall be completed during the preceding 2-year certification period.

(5) To obtain credit for completion of continuing education hours, a certificate holder shall, at the time of each renewal, sign a statement saying that the certificate holder has completed, during the preceding 2-year certification period, the continuing education programs required under sub. (1).

(6) A veterinary technician who fails to complete the continuing education requirements by the renewal date shall not practice as a veterinary technician until the certificate is renewed.

(7) For auditing purposes, every veterinary technician shall maintain records of continuing education hours for at least 5 years from the date the certification statement required under sub. (5) is signed. The board may audit for compliance by requiring a veterinary technician to submit evidence of compliance to the board for the biennium immediately preceding the biennium in which the audit is performed. Documentation of completion of continuing education hours shall include one of the following:

(a) A certificate of attendance from an approved course provider.

(b) A grade report or transcript from an accredited college or university.

(d) A copy of a meeting syllabus, announcement, abstract or proceeding for a presentation.

(f) A signed document from an internship or residency institution certifying enrollment in a program.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.16 Continuing education; programs and courses {#sec-ve-2.16 omnilex-key=us-wi-regs-official--agency-ve--VE 2.16}

(1) Criteria for programs and course approval. To be approved, a continuing education program or course shall meet the following criteria:

(a) The subject matter of the program or course shall be pertinent to veterinary technology.

(b) The program or course sponsor agrees to record registration and furnish a certificate of attendance to each participant.

(2) Unrelated subject matter. if a continuing education course includes subject matter that is not pertinent to veterinary technology, only those portions of the course that relate to veterinary technology will qualify as continuing education under this chapter.

(3) Modalities and methods of delivery. Modalities and methods of delivery of continuing education programs acceptable to the board include one or more of the following:

(a) Attendance at a scientific workshop, seminar, or laboratory demonstration pertinent to veterinary technology.

(b) Enrollment in graduate or other college level courses pertinent to veterinary technology. Credit for qualified courses will be approved on the basis of multiplying each college credit hour by 10.

(c) Enrollment in an internship, residency or certification program approved by a veterinary specialty organization recognized by the AVMA or in an AVMA-accredited veterinary school.

(e) A peer reviewed publication shall be approved for 5 hours.

(f) Development and presentation of research findings, scientific workshops, seminars or laboratory demonstrations pertinent to veterinary technology shall be approved for 5 contact hours each.

(g) Up to 8 hours per biennium shall be granted for a combination of continuing education hours completed under pars. (d) to (f), provided the continuing education is published or presented under the auspices of a provider approved under sub. (4).

(h) On-line, video, audio, correspondence courses, or other interactive distance learning courses pertinent to veterinary technology, or to employment as a veterinary technician.

(a) A national, regional, state, or local veterinary medical or veterinary technician association.

(b) A federal or state agency.

(d) An association listed in the AVMA or the National Association of Veterinary Technicians in America directory.

(e) An AVMA accredited veterinary school or veterinary technician program.

(f) A program approved by the American Association of Veterinary State Boards through its Registry of Approved Continuing Education approval program.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (3) (c) made under s. 35.17, Stats., Register July 2022 No. 799.

Subchapter III Standards of Practice and Unprofessional Conduct

Wis. Admin. Code § VE 2.18 Prohibited acts {#sec-ve-2.18 omnilex-key=us-wi-regs-official--agency-ve--VE 2.18}

The following acts are limited to veterinarians and therefore prohibited for veterinary technicians:

(1) Diagnosis and prognosis of animal diseases and conditions.

(2) Prescribing of drugs, medicines, treatments and appliances.

(3) Performing surgery as defined by VE 1.44 (2) (c).

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.20 Change of name and address {#sec-ve-2.20 omnilex-key=us-wi-regs-official--agency-ve--VE 2.20}

Every veterinary technician shall notify the board of a change of name or address within 30 days.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.22 Display of certificate {#sec-ve-2.22 omnilex-key=us-wi-regs-official--agency-ve--VE 2.22}

Each veterinary technician shall display a current certificate in a manner conspicuous to the public view.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.24 Standards of practice {#sec-ve-2.24 omnilex-key=us-wi-regs-official--agency-ve--VE 2.24}

(1) Veterinary technicians may perform delegated veterinary acts as set forth under s. VE 1.44 (4), (5), (6), and (9).

(2) In the performance of delegated veterinary acts a veterinary technician shall:

(a) Accept only those delegated veterinary acts for which there are mutually approved protocols, written standing orders or verbal directions.

(b) Accept only those delegated veterinary acts for which the veterinary technician is competent to perform based on education, training or experience.

(c) Consult with a veterinarian in cases where the veterinary technician knows or should know a delegated veterinary act may harm a patient.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 2.26 Unprofessional conduct {#sec-ve-2.26 omnilex-key=us-wi-regs-official--agency-ve--VE 2.26}

The following acts constitute unprofessional conduct by a veterinary technician and are prohibited:

(1) Unprofessional conduct under s. 89.07 (1), Stats.

(2) Performing as a veterinary technician unless supervised as specified under s. VE 1.44 (4), (5), (6), and (9).

(3) Misrepresentation in obtaining a veterinary technician certificate or in performing as a veterinary technician.

(4) Conduct in the practice of veterinary technology which evidences a lack of knowledge or ability to apply professional principles or skills.

(5) Gross, serious, or grave negligence, as compared to less serious or more ordinary acts of negligence, while performing as a veterinary technician.

(6) The personal use, misuse or sale other than for medical treatment of patients, of drugs listed in the U.S. controlled substances act of 1970, as amended, or ch. 961, Stats., other than drugs prescribed by a physician for use by the veterinary technician.

(7) Practicing or attempting to practice while the veterinary technician has a physical or mental impairment, including impairment related to drugs or alcohol, which is reasonably related to the applicant’s ability to adequately undertake the practice of veterinary technology in a manner consistent with the safety of a patient or the public.

(8) Being convicted of a crime the circumstances of which substantially relate to the practice of veterinary technology.

(9) Violating or aiding and abetting the violation of any law or administrative rule substantially related to the practice of veterinary technology.

(10) Having a veterinary technician certificate limited, suspended or revoked or subject to any other disciplinary action in another state or U.S. jurisdiction.

(11) Accepting fees for animal health care services from a client.

(12) Practicing under an expired certificate.

(13) Falsely certifying to the board under s. VE 2.14 (5) that the veterinary technician:

(a) Has completed the 15 hours of continuing education required under s. VE 2.14 (1).

(b) Is exempt under s. VE 2.14 (2) from having to complete the 15 hours of continuing education required under s. VE 2.14 (1).

(14) Advertising, as defined under s. VE 1.02 (3), a specialty or claiming to be a specialist when not recognized as such by a veterinary technician specialty academy recognized by the National Association of Veterinary Technicians in America or by a foreign veterinary technician specialty academy which, in the opinion of the board, is equivalent to a National Association of Veterinary Technicians in America recognized veterinary technician specialty academy.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (1) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 2.28 Board action {#sec-ve-2.28 omnilex-key=us-wi-regs-official--agency-ve--VE 2.28}

The board may reprimand the certificate holder or deny, suspend, limit or revoke a certification under this chapter for cause, including any of the following:

(1) Filing an incomplete or fraudulent application, or misrepresenting any information on an application.

(2) Violating this chapter or ch. 89, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Chapter VE 3 COMPLAINT PROCEDURES

Subchapter I Authority and Definitions

Wis. Admin. Code § VE 3.01 Authority {#sec-ve-3.01 omnilex-key=us-wi-regs-official--agency-ve--VE 3.01}

The rules in this chapter are adopted by the veterinary examining board pursuant to the authority in ss. 89.03 (1), 227.11 (2) (a) and 227.51 (3), Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.02 Definitions {#sec-ve-3.02 omnilex-key=us-wi-regs-official--agency-ve--VE 3.02}

In this chapter:

(1) “Administrative injunction” means a special order enjoining a person from the continuation of a practice or use of a title without a credential required under ch. 89, Stats.

(2) “Administrative law judge” means the administrative law judge assigned by the division to hear a disciplinary proceeding or summary suspension or limitation appeal, on behalf of the board, or an administrative injunction proceeding on behalf of the department.

(3) “Board” means the veterinary examining board.

(4) “Case advisor” means a member of the board assigned to assist disciplinary counsel in an investigation of an informal complaint about a credential holder.

(5) “Complainant” means the person who signs a complaint.

(6) “Complaint” means the formal charging of violations against a credential holder in a disciplinary proceeding.

(7) “Court-ordered injunction” means a judgment and order by a court of competent jurisdiction enjoining a person from the continuation of a practice or use of a title without a credential required under ch. 89, Stats.

(8) “Credential” means a license, certification, or permit that is issued under ch. 89, Stats.

(9) “Credential holder” means an individual holding any license, permit, or certificate granted by the board, or having any right to renew a license, permit, or certificate granted by the board.

(10) “Department” has the meaning set forth at s. 89.02 (3d), Stats.

(11) “Department counsel” means the department attorney assigned an informal complaint against any person who may be continuing a practice or use of a title without a credential required under ch. 89, Stats.

(12) “DHA” means the division of hearings and appeals in the department of administration.

(13) “Division” means the division of animal health in the department.

(14) “Disciplinary counsel” means the department attorney assigned an informal complaint against a credential holder.

(15) “Disciplinary proceeding” means an administrative proceeding against a credential holder for any alleged violations of law constituting misconduct.

(16) “Informal complaint” means any written information submitted to the board or department by any person, which alleges facts that, if true, warrant action including an administrative warning, discipline, or an injunction.

(17) “Minor violation” means all of the following:

(a) No significant harm was caused by misconduct of the credential holder.

(b) Continued practice by the credential holder presents no immediate danger to the public.

(c) If prosecuted, the likely result of prosecution would be a reprimand or a limitation requiring the credential holder to obtain additional education.

(d) The complaint does not warrant use of prosecutorial resources.

(18) “Misconduct” means a violation of a statute, rule, or regulation related to the profession or other conduct for which discipline may be imposed under ch. 89, Stats.

(19) “Petition” means a petition for summary credential suspension or limitation or a special order for an administrative injunction.

(20) “Petitioner” means the disciplinary or department counsel.

(21) “Respondent” means a credential holder who is charged in a disciplinary proceeding or a person who is charged in an administrative injunction proceeding.

(22) “Screening” means preliminary review of complaints to determine the disposition of any informal complaints.

(23) “Screening committee” means the committee of the board that meets with disciplinary counsel to determine the disposition of any informal complaints.

(24) “Special order” means an administrative order issued by the department enforced against a named or identified person.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter II Procedures for Informal Complaints

Wis. Admin. Code § VE 3.04 Scope; kinds of proceedings {#sec-ve-3.04 omnilex-key=us-wi-regs-official--agency-ve--VE 3.04}

This subchapter governs procedures for investigating and disposing of informal complaints against credential holders and non-credentialed entities before the board and persons before the department.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.06 Receiving informal complaints {#sec-ve-3.06 omnilex-key=us-wi-regs-official--agency-ve--VE 3.06}

All informal complaints received shall be referred to the office of legal counsel in the department for filing, screening and, if necessary, investigation.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.08 Screening {#sec-ve-3.08 omnilex-key=us-wi-regs-official--agency-ve--VE 3.08}

Screening for complaints against credential holders shall be done by the board’s screening committee, in consultation with the disciplinary counsel. Considerations in screening include:

(1) Whether the person complained against is credentialed.

(2) Whether the matter alleged is a violation of any statute, rule, regulation, or standard of practice.

(3) Whether the matter alleged, if taken as a whole, is any of the following:

(a) Not a violation, so that the matter may be closed.

(b) A minor violation, so that the matter may be disposed of with an administrative warning.

(c) Requires further investigation by disciplinary counsel, with assistance by a case advisor and department staff as assigned.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.10 Non-credentialed persons {#sec-ve-3.10 omnilex-key=us-wi-regs-official--agency-ve--VE 3.10}

Department staff shall investigate complaints, and may consult with the board, concerning any complaint against a person who may be engaged in the practice of veterinary medicine or veterinary technology without holding a credential.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.12 Negotiated settlement {#sec-ve-3.12 omnilex-key=us-wi-regs-official--agency-ve--VE 3.12}

(1) When initiated. At the discretion of the disciplinary counsel, in consultation with the case advisor in assigned matters, or department counsel, negotiations for settlement may be held prior to the commencement of a disciplinary proceeding. Where the informal complaint investigation reveals undisputed or clearly ascertainable facts, from documents received, resolution through negotiations is encouraged.

(2) Limitation. Negotiations for settlement shall not be held without the consent of the credential holder. No agreement reached between the parties through negotiations, which imposes discipline upon a credential holder, shall be effective or binding until the parties stipulate to the agreement in writing, signed by the credential holder and any representative and disciplinary counsel, for approval by the board in a signed final order.

(3) Oral statements in negotiations. Oral statements made during negotiations shall not be introduced into or made part of the record in a disciplinary proceeding.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.14 Issuing an administrative warning {#sec-ve-3.14 omnilex-key=us-wi-regs-official--agency-ve--VE 3.14}

In lieu of commencing disciplinary proceedings under subch. III or injunction proceedings under subch. IV, the board or department may issue an administrative warning, after making all of the following findings:

(1) That there is specific evidence of misconduct by the credential holder.

(2) That the misconduct is a minor violation of a statute or rule related to the profession or other conduct for which discipline or an administrative injunction may be imposed.

(3) That issuance of an administrative warning will adequately protect the public.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.16 Contents of an administrative warning {#sec-ve-3.16 omnilex-key=us-wi-regs-official--agency-ve--VE 3.16}

(1) An administrative warning shall be issued in writing, shall state the findings required by s. VE 3.12, and include a notice of the right to request a review under s. VE 3.18.

(2) An administrative warning may be issued to a credential holder by mailing the administrative warning to the last address provided to the department. Service by mail is complete on the date of mailing. The warning may also be issued by email, if the credential holder has given permission to send all notices to a specified email address. Service by email is complete upon sending.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.18 Review of an administrative warning {#sec-ve-3.18 omnilex-key=us-wi-regs-official--agency-ve--VE 3.18}

A credential holder who has been issued an administrative warning may make a request in writing for the board to review its issuance within 20 days after the date of mailing or emailing. The request shall be in writing and set forth:

(1) The credential holder’s name and address.

(2) The reason for requesting a review.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.20 Administrative warning review procedures {#sec-ve-3.20 omnilex-key=us-wi-regs-official--agency-ve--VE 3.20}

The procedures for an administrative warning review are:

(1) Within 45 calendar days of receipt of a request for review, the board shall notify the credential holder of the time and place of the review.

(2) No discovery is permitted. A credential holder may inspect records under s. 19.35, Stats., the public records law.

(3) The board shall preside over the appeal and the review shall be electronically recorded.

(4) The board shall provide the credential holder with an opportunity to make a personal appearance before it and present a statement. The board may request the disciplinary counsel to appear and present a statement on issues raised by the credential holder. The board may establish a time limit for making a presentation. Unless otherwise determined by the disciplinary authority, the time for making a personal appearance shall be 20 minutes.

(5) If the credential holder fails to appear for a review, or withdraws the request for a review, the disciplinary authority may note the failure to appear in the minutes and leave the administrative warning in effect without further action.

(6) The board may adjourn into closed session to deliberate on the request for review. Any action taken by the board following deliberation shall be made in open session. The board shall send the final decision of its review to the credential holder.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.22 Review record {#sec-ve-3.22 omnilex-key=us-wi-regs-official--agency-ve--VE 3.22}

The credential holder may request a copy of the recorded review at no cost.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter III Procedures for Disciplinary Proceedings

Wis. Admin. Code § VE 3.24 Scope {#sec-ve-3.24 omnilex-key=us-wi-regs-official--agency-ve--VE 3.24}

This subchapter governs procedures in all disciplinary proceedings against credential holders before the board.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.26 Commencement of disciplinary proceedings {#sec-ve-3.26 omnilex-key=us-wi-regs-official--agency-ve--VE 3.26}

Disciplinary proceedings commence when a complaint is served upon the respondent.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.28 Pleadings to be captioned {#sec-ve-3.28 omnilex-key=us-wi-regs-official--agency-ve--VE 3.28}

All pleadings, notices, orders, and other papers filed in disciplinary proceedings shall be captioned: “BEFORE THE WISCONSIN VETERINARY EXAMINING BOARD” and shall be entitled: “IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST _____________, RESPONDENT.”

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.30 Complaint {#sec-ve-3.30 omnilex-key=us-wi-regs-official--agency-ve--VE 3.30}

The disciplinary counsel may make a complaint upon information and belief and it shall contain:

(1) The name and address of the credential holder complained against and the name and address of the complainant.

(2) A short statement in plain language of the cause for disciplinary action identifying with reasonable particularity the transaction, occurrence or event out of which the cause arises and specifying the statute, rule or other standard alleged to have been violated.

(3) A request in essentially the following form: “Wherefore, the complainant demands that the board hear evidence relevant to matters alleged in this complaint, determine and impose the discipline warranted, and assess the costs of the proceeding against the respondent.”

(4) The signature of the complainant.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.32 Service and filing of complaint {#sec-ve-3.32 omnilex-key=us-wi-regs-official--agency-ve--VE 3.32}

(1) The complaint and other papers may be served on a respondent by mailing a copy of the paper to the respondent at the last known address of the respondent, by any procedure described in s. 801.14 (2), Stats., or by electronic transmission if agreed to by the respondent or respondent’s authorized representative. Service by mail is complete upon mailing.

(2) Any paper required to be filed with the board may be mailed to the board’s office and, if an administrative law judge has been designated to preside in the matter, to the administrative law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received at the board’s office or by the administrative law judge. Papers required to be filed may instead be filed and served by electronic mail or facsimile transmission. For materials transmitted by electronic mail, the filing date shall be the date that the electronic mail was sent. For materials transmitted by facsimile, the date received shall determine the date of filing.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.34 Answer {#sec-ve-3.34 omnilex-key=us-wi-regs-official--agency-ve--VE 3.34}

(1) An answer to a complaint shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation, the respondent shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. The respondent shall make denials as specific denials of designated allegations or paragraphs but if the respondent intends in good faith to deny only a part or a qualification of an allegation, the respondent shall specify so much of it as true and material and shall deny only the remainder.

(2) The respondent shall set forth affirmatively in the answer any matter constituting an affirmative defense.

(3) Allegations in a complaint are admitted when not denied in the answer.

(4) An answer to a complaint shall be filed within 30 days from the date of service of the complaint.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.36 Administrative law judge {#sec-ve-3.36 omnilex-key=us-wi-regs-official--agency-ve--VE 3.36}

(1) Designation. The board may request DHA assign an administrative law judge to preside over any disciplinary proceeding.

(2) Authority and duties. An administrative law judge may, on behalf of the board, do all of the following:

(a) Gain permission from parties for service of all documents to be via electronic transmission, or other means if necessary.

(b) Require parties to clarify positions or issues.

(c) Hold prehearing conferences and issue memoranda for the record, summarizing all actions taken and agreements reached.

(d) Make procedural rulings and issue scheduling orders, including for motions, date, time and location of hearing, discovery, identification of witnesses and evidence for hearing, stipulations by the parties for hearing and other matters aiding in the orderly disposition of the proceedings.

(e) Hold motion hearings and make rulings on said motions.

(f) Adjourn or postpone proceedings.

(g) Grant continuances or extensions of time.

(h) Issue subpoenas to compel witness attendance and document production.

(i) Regulate discovery proceedings, and issue orders to compel or limit discovery.

(j) Select the location of the hearing.

(k) Preside over hearings and regulate the course of hearings.

(L) Administer oaths and affirmations.

(m) Make evidentiary rulings and receive relevant evidence.

(n) Impose sanctions on disobedient parties.

(o) Require or permit the parties to file written briefs and arguments.

(p) Supervise the required creation of a stenographic or electronic record of the portion of the proceedings conducted under the auspices of the administrative law judge.

(q) If required, order and supervise the preparation of a written transcript of proceedings conducted before the administrative law judge.

(r) Issue proposed decisions.

(3) Limits on authority. The administrative law judge may not exercise any authority reserved to the board.

(4) Impartiality.

(a) An administrative law judge shall withdraw from a contested case if the administrative law judge determines that there is a conflict of interest or other circumstance which prevents the administrative law judge from acting impartially, or which creates an undue appearance of bias.

(b) If an administrative law judge receives an ex parte communication which violates s. 227.50 (1), Stats., the administrative law judge shall deal with the ex parte communication as provided in s. 227.50 (2), Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (4) (b) made under s. 35.17, Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 3.38 Settlements {#sec-ve-3.38 omnilex-key=us-wi-regs-official--agency-ve--VE 3.38}

At any point in a proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both a written stipulation, signed by the respondent and any representative and disciplinary counsel, setting forth the agreed terms of settlement, and a proposed final order disposing of the case, for approval by the board. No stipulation disposing of a complaint shall be effective or binding in any respect until approved by the board in a signed final order.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.40 Conduct of hearing {#sec-ve-3.40 omnilex-key=us-wi-regs-official--agency-ve--VE 3.40}

(1) Record. An electronic or stenographic recording shall be made of all hearings in which the testimony of a witness is offered as evidence.

(2) Evidence. The respondent shall have the right to appear in person or by counsel, and both parties have the right to call, examine, and cross-examine witnesses and to introduce evidence into the record.

(2m) Remote hearings. A hearing, or any portion of a hearing, may be held by telephone or video-conference if the administrative law judge determines that this method is justified for the convenience of any party or witness, and that no party is unfairly prejudiced by this method. The party calling a witness to testify by telephone or video-conference shall notify the administrative law judge before the hearing to allow for making the necessary arrangements and is responsible for providing the witness with a complete set of numbered copies of all exhibits.

(3) Briefs. The administrative law judge may require or permit the filing of briefs.

(4) Motions. All motions, except those made at hearing, shall be in writing, filed by the date set by the administrative law judge, and a copy served upon the opposing party. If no date is set by the administrative law judge all motions shall be filed 10 business days before hearing.

(5) Summary judgment. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

(6) Adjournments. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.

(7) Subpoenas.

(a) Subpoenas for the attendance of any witness at a hearing in the proceeding may be issued in accordance with s. 885.01, Stats. Service shall be made in the manner provided in s. 805.07 (5), Stats. A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.

(b) An administrative law judge may issue protective orders according to the provisions of s. 805.07, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in numbering (2m) under s. 13.92 (4) (b) 1., Stats., and (2m) title created under s. 13.92 (4) (b) 2., Stats., Register July 2022 No. 799.

Wis. Admin. Code § VE 3.42 Witness fees and costs {#sec-ve-3.42 omnilex-key=us-wi-regs-official--agency-ve--VE 3.42}

Witnesses subpoenaed at the request of the disciplinary counsel shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.44 Record of proceedings, transcripts {#sec-ve-3.44 omnilex-key=us-wi-regs-official--agency-ve--VE 3.44}

(1) Record of oral proceedings. Oral proceedings in a disciplinary proceeding shall be electronically recorded unless the administrative law judge determines that a stenographic record is required.

(2) Electronic recording; copies. If an oral proceeding in a contested case is electronically recorded, a copy of the recording shall be furnished at cost to any party who requests a copy.

(3) Stenographic recording; copies.

(a) If a stenographic recording is made, the reporting service who records the proceeding may charge a fee for an original transcription and for copies. Fees are identified in the state operational purchasing bulletin for reporting services and fees allowed to be charged.

Note: Purchasing bulletins may be obtained through the State Bureau of Procurement, PO Box 7867, Madison WI 53707-7867, call (800) 482-7813 or email doawispro@wisconsin.gov.

(b) A person who is without means and who requires a transcript for appeal or other reasonable purposes shall be furnished with a transcript without charge upon the filing of a petition of indigency signed under oath.

Wis. Admin. Code § VE 3.46 Proposed decision {#sec-ve-3.46 omnilex-key=us-wi-regs-official--agency-ve--VE 3.46}

The administrative law judge shall prepare a proposed decision for consideration by the board. The proposed decision shall include proposed findings of fact, conclusions of law, and a final order, with a signed opinion explaining the proposed decision.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.48 Assessment of costs {#sec-ve-3.48 omnilex-key=us-wi-regs-official--agency-ve--VE 3.48}

(1) The proposed decision shall include a recommendation whether all or part of the costs of the proceeding shall be assessed against the respondent.

(2) If a respondent objects to the recommendation that costs be assessed, objections to the assessment of costs shall be filed at the same time as other objections to the proposed decision.

(3) When costs are imposed, the administrative law judge shall file a supporting affidavit with the proposed decision, listing costs incurred to be paid by the respondent. Within 20 days, the disciplinary counsel shall file a supporting affidavit showing costs incurred. The respondent shall file any objection to the affidavits within 15 days after service of the disciplinary counsel’s affidavit.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.50 Service of proposed decision {#sec-ve-3.50 omnilex-key=us-wi-regs-official--agency-ve--VE 3.50}

The administrative law judge shall deliver the proposed decision, with a copy of the record including the electronic recording of the proceedings, to the board. The administrative law judge shall serve the proposed decision on the parties, in the manner agreed to by the parties. Each proposed decision shall contain a notice providing each party, adversely affected by the proposed decision, with an opportunity to file objections and written argument with the board. A party adversely affected by a proposed decision shall have 20 days from the date of service of the proposed decision to file objections and argument.

Note: Objections may be electronically filed at datcpveb@wisconsin.gov or mailed to the Wisconsin Veterinary Examining Board, PO Box 8911, Madison, WI 53708-8911.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.52 Final decision and order {#sec-ve-3.52 omnilex-key=us-wi-regs-official--agency-ve--VE 3.52}

After the time expires for filing all objections to the proposed decision and order, including assessment of costs, the board shall meet to make a final decision and order in a disciplinary proceeding. The final decision and order shall include a determination whether all or part of the costs of the proceeding shall be assessed against the respondent. If the final decision varies from the administrative law judge’s proposed decision, the final decision shall explain the reasons for all variations.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter IV Summary Suspensions and Limitations

Wis. Admin. Code § VE 3.54 Scope {#sec-ve-3.54 omnilex-key=us-wi-regs-official--agency-ve--VE 3.54}

This subchapter governs procedures in all summary suspension or limitation proceedings against credential holders before the board.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.56 Petition for summary suspension or limitation {#sec-ve-3.56 omnilex-key=us-wi-regs-official--agency-ve--VE 3.56}

(1) The disciplinary counsel shall petition the board for a summary suspension or limitation. The petition shall state the name and credential status of the respondent, and an assertion of the facts establishing that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires summary suspension or limitation of the respondent’s credential.

(2) The petitioner shall sign the petition upon oath and make the petition upon information and belief or by affidavit of another person with knowledge of the necessary facts to sustain the petition.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.58 Notice of petition to respondent {#sec-ve-3.58 omnilex-key=us-wi-regs-official--agency-ve--VE 3.58}

Prior to presenting the petition, the petitioner shall give notice to the respondent and respondent’s authorized representative of the time and place when the petition will be presented to the board. Notice may be given by mailing a copy of the petition and notice to the last-known address of the respondent as indicated in the records of the board, pursuant to s. 227.44 (1), Stats. Notice by mail is complete upon mailing. Notice may also be given by electronic transmission if agreed to by the respondent or authorized representative.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.60 Issuance of summary suspension or limitation order {#sec-ve-3.60 omnilex-key=us-wi-regs-official--agency-ve--VE 3.60}

(1) If the board finds that notice has been given under s. VE 3.58 and finds probable cause to believe that the respondent has engaged in or is likely to engage in conduct such that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s credential, the board may issue an order for summary suspension or limitation. The order may be issued at any time prior to or subsequent to the commencement of a disciplinary proceeding under s. VE 3.26.

(2) The petitioner may establish probable cause under sub. (1) by affidavit or other evidence.

(3) The summary suspension or limitation order shall be effective upon service, under s. VE 3.62, or upon actual notice of the summary suspension or limitation order to the respondent or respondent’s attorney, whichever is sooner. The order shall continue through the effective date of the final decision and order made in the disciplinary proceeding against the respondent, unless the credential is restored or the limitation is lifted under s. VE 3.64 or the disciplinary proceeding is otherwise terminated.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.62 Contents of summary suspension or limitation order {#sec-ve-3.62 omnilex-key=us-wi-regs-official--agency-ve--VE 3.62}

The summary suspension or limitation order shall include all of the following:

(1) The manner in which the respondent or the respondent’s attorney was notified of the petition for summary suspension or limitation.

(2) The identification of all witnesses providing evidence at the time the petition for summary suspension or limitation was presented and identification of the evidence used as a basis for the decision to issue the summary suspension or limitation order.

(3) A finding that the public health, safety or welfare imperatively requires emergency suspension or limitation of the respondent’s credential.

(4) A statement that the suspension or limitation order is in effect and continues until the effective date of a final order and decision in the disciplinary proceeding against the respondent, unless otherwise ordered by the board.

(5) A statement of the respondent’s right to request a hearing at any time to show cause why the summary suspension or limitation order should not be continued, with the board’s office mailing address or email address where a request for hearing may be filed.

(6) A statement that the hearing to show cause shall be scheduled for hearing on a date within 20 days of receipt by the board of respondent’s request for hearing, unless a later time is requested by or agreed to by the respondent.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.64 Service of summary suspension or limitation order {#sec-ve-3.64 omnilex-key=us-wi-regs-official--agency-ve--VE 3.64}

An order of summary suspension or limitation shall be served upon the respondent by mail or by email if agreed to by respondent or respondent’s attorney.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.66 Hearing to show cause {#sec-ve-3.66 omnilex-key=us-wi-regs-official--agency-ve--VE 3.66}

(1) A hearing to show cause shall be scheduled for a date no later than 20 days after the filing of the request for hearing with the board, unless a later time is requested by or agreed to by the respondent.

(2) Unless the parties otherwise agree, no discovery is permitted, except for the taking and preservation of evidence as provided in ch. 804, Stats., with respect to witnesses described in s. 227.45 (7) (a) to (d), Stats. A respondent may inspect records under s. 19.35, Stats., the public records law.

(3) At the hearing to show cause, the disciplinary counsel may call, examine and cross-examine witnesses, or present other evidence in order sustain its burden to show, by a preponderance of the evidence, why the summary suspension or limitation order should be continued. The respondent may testify, call, examine and cross-examine witnesses, and offer other evidence to rebut disciplinary counsel’s showing.

(4) Immediately upon conclusion of the hearing to show cause the board shall make findings and an order on the record. If it is determined that the summary suspension or limitation order should not be continued, the suspended credential shall be immediately restored, and any limitation shall be lifted.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.68 Delegation {#sec-ve-3.68 omnilex-key=us-wi-regs-official--agency-ve--VE 3.68}

(1) The board may delegate authority to preside over and rule in a hearing to show cause to an administrative law judge employed by the division.

(2) A delegation of authority under sub. (1) may be continuing.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.70 Commencement of disciplinary proceeding {#sec-ve-3.70 omnilex-key=us-wi-regs-official--agency-ve--VE 3.70}

(1) A complaint, under s. VE 3.26, commencing a disciplinary proceeding against the respondent shall be issued no later than 20 days following the issuance of the summary suspension or limitation order or the suspension or limitation shall lapse at the end of the tenth subsequent day, meaning the thirtieth day following the issuance of the summary suspension or limitation order. The formal disciplinary proceeding shall be determined promptly.

(2) If at any time the disciplinary proceeding is not advancing with reasonable promptness, the respondent may make a motion to the administrative law judge for an order granting relief.

(3) If it is found that the disciplinary proceeding is not advancing with reasonable promptness, and the delay is not as a result of the conduct of respondent or respondent’s counsel, a remedy, as would be just, shall be granted including:

(a) An order immediately terminating the summary suspension or limitation.

(b) An order compelling that the disciplinary proceeding be held and determined by a specific date.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Subchapter V Administrative Injunctions

Wis. Admin. Code § VE 3.72 Scope; kinds of proceedings {#sec-ve-3.72 omnilex-key=us-wi-regs-official--agency-ve--VE 3.72}

This subchapter governs procedures for public hearings before the department to determine whether a person has engaged in a practice or used a title without a credential required under ch. 89, Stats., and whether to issue a special order for an administrative injunction.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.74 Pleadings to be captioned {#sec-ve-3.74 omnilex-key=us-wi-regs-official--agency-ve--VE 3.74}

All pleadings, notices, orders, and other papers filed in an administrative injunction proceeding shall be captioned: “BEFORE THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION” and shall be entitled: “IN THE MATTER OF A PETITION FOR A SPECIAL ORDER TO ENJOIN _________________, RESPONDENT.”

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.76 Petition for administrative injunction {#sec-ve-3.76 omnilex-key=us-wi-regs-official--agency-ve--VE 3.76}

Department counsel, on behalf of the division, may petition for a special order from the department to issue an administrative injunction, which shall allege that a person has engaged in a practice or used a title without a credential required under ch. 89, Stats. A petition may be made on information and belief and shall contain:

(1) The name and address of the respondent and the name and address of the department attorney who is prosecuting the petition.

(2) A short statement in plain language of the basis for the belief that the respondent has engaged in a practice or used a title without a credential required under ch. 89, Stats., and specifying the statute or rule alleged to have been violated.

(3) A request in essentially the following form: “Wherefore, the petitioner requests that a public hearing be held and that the department issue a special order enjoining the person from the continuation of the practice or use of the title.”

(4) The signature of the petitioner.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.78 Service and filing of petition {#sec-ve-3.78 omnilex-key=us-wi-regs-official--agency-ve--VE 3.78}

(1) The petition and other papers required to be served on a respondent may be served by mailing a copy of the paper to the respondent at the last known address of the respondent, by any procedure described in s. 801.14 (2), Stats., or by electronic transmission if agreed to by the respondent or respondent’s attorney. Service by mail is complete upon mailing.

(2) Any paper required to be filed with the department may be mailed to the department secretary’s office and, if an administrative law judge has been designated to preside in the matter, to the administrative law judge and shall be deemed filed on the date of the postmark. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received at the department secretary’s office or by the administrative law judge. Papers required to be filed may instead be filed and served by facsimile transmission or by electronic mail. For materials transmitted by facsimile, the date received shall determine the date of filing. For materials transmitted by electronic mail, the filing date shall be the date that the electronic mail was sent.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.80 Answer {#sec-ve-3.80 omnilex-key=us-wi-regs-official--agency-ve--VE 3.80}

(1) An answer to a petition shall state in short and plain terms the defenses to each cause asserted and shall admit or deny the allegations upon which the complainant relies. If the respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation, the respondent shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the allegations denied. The respondent shall make denials as specific denials of designated allegations or paragraphs but if the respondent intends in good faith to deny only a part or a qualification of an allegation, the respondent shall specify so much of it as true and material and shall deny only the remainder.

(2) The respondent shall set forth affirmatively in the answer any matter constituting an affirmative defense.

(3) Allegations in a petition are admitted when not denied in the answer.

(4) An answer to a petition shall be filed within 20 days from the date of service of the petition.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.82 Administrative law judge {#sec-ve-3.82 omnilex-key=us-wi-regs-official--agency-ve--VE 3.82}

(1) Designation. The department may request DHA assign an administrative law judge to preside over any administrative injunction proceeding.

(2) Authority and duties. An administrative law judge may, on behalf of the department, do all of the following:

(a) Gain permission from parties for service of all documents to be via electronic transmission, or other means if necessary.

(b) Require parties to clarify positions or issues.

(c) Hold prehearing conferences and issue memoranda for the record, summarizing all actions taken and agreements reached.

(e) Hold motion hearings.

(f) Adjourn or postpone proceedings.

(g) Grant continuances or extensions of time.

(h) Issue subpoenas to compel the witness attendance and document production.

(i) Regulate discovery proceedings, and issue orders to compel or limit discovery.

(j) Select the location of the hearing.

(k) Preside over hearings and regulate the course of hearings.

(L) Administer oaths and affirmations.

(m) Make evidentiary rulings and receive relevant evidence.

(n) Impose sanctions on disobedient parties.

(o) Require or permit the parties to file written briefs and arguments.

(p) Supervise the required creation of a stenographic or electronic record of the portion of the proceedings conducted under the auspices of the administrative law judge.

(q) If required, order and supervise the preparation of a written transcript of proceedings conducted before the administrative law judge.

(r) Issue proposed decisions.

(s) Issue final decisions and orders, if requested by the department.

(3) Limits on authority. The administrative law judge may not exercise any authority which is reserved to the department, except as delegated in writing under sub. (2) (s).

(4) Impartiality.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (3) made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (b) made under s. 35.17, Stats., Register July 2022 No. 799

Wis. Admin. Code § VE 3.84 Settlements {#sec-ve-3.84 omnilex-key=us-wi-regs-official--agency-ve--VE 3.84}

At any point in a proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both a written stipulation, signed by the respondent and any representative, and the division representative and department counsel, setting forth the agreed terms of settlement, and a proposed final order disposing of the case, for approval by the department. No stipulation disposing of a petition filed under this subchapter shall be effective or binding in any respect until the final order is approved and signed by the department.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.86 Conduct of public hearing {#sec-ve-3.86 omnilex-key=us-wi-regs-official--agency-ve--VE 3.86}

(1) Record. A stenographic, electronic or other record shall be made of all hearings in which the testimony of witnesses is offered as evidence.

(3) Briefs. The administrative law judge may require or permit the filing of briefs.

(4) Motions. All motions, except those made at hearing, shall be in writing, filed by the date set by the administrative law judge, with a copy served upon the opposing party.

(5) Summary judgment. The parties may use the summary judgment procedure provided in s. 802.08, Stats.

(6) Adjournments. The administrative law judge may, for good cause, grant continuances, adjournments and extensions of time.

(7) Subpoenas.

(b) An administrative law judge may issue protective orders according to the provision the provisions of s. 805.07, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.88 Witness fees and costs {#sec-ve-3.88 omnilex-key=us-wi-regs-official--agency-ve--VE 3.88}

Witnesses subpoenaed at the request of the department shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.90 Record of proceedings, transcripts {#sec-ve-3.90 omnilex-key=us-wi-regs-official--agency-ve--VE 3.90}

(1) Record of oral proceedings. Oral proceedings in an administrative injunction case shall be electronically recorded unless the administrative law judge determines that a stenographic record is necessary.

(2) Electronic recording; copies. If an oral proceeding in an administrative injunction case is electronically recorded, a copy of the recording shall be furnished at cost to any party who requests a copy.

(3) Stenographic recording; copies.

(a) If a stenographic recording is made, the reporting service who recorded the proceeding may charge a fee for an original transcription and for copies. Fees are identified in the state operational purchasing bulletin for reporting services and fees allowed to be charged.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.92 Decision {#sec-ve-3.92 omnilex-key=us-wi-regs-official--agency-ve--VE 3.92}

The administrative law judge shall prepare a proposed decision for consideration by the department or a final decision, if designated as final decision maker. The decision, whether proposed or final, shall include findings of fact, conclusions of law, and an order, with a signed opinion explaining the decision.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.94 Service of decision {#sec-ve-3.94 omnilex-key=us-wi-regs-official--agency-ve--VE 3.94}

The administrative law judge shall deliver the proposed or final decision, with a copy of the record including the electronic recording of the proceedings, to the department. The proposed or final decision shall be served by the administrative law judge on the parties with a notice providing each party adversely affected by the proposed decision with an opportunity to file objections and written argument with respect to the objections to the department or to the administrator of DHA, depending on who is the final decision maker. A party adversely affected by a decision shall have 20 days from the date of service of the proposed decision to file objections and argument.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § VE 3.96 Final decision and order {#sec-ve-3.96 omnilex-key=us-wi-regs-official--agency-ve--VE 3.96}

After the time expires for filing all objections to the proposed decision and order, the department or the administrator of DHA shall make a final decision and order in the administrative injunction proceeding. If the final decision varies from the administrative law judge’s decision, the final decision shall explain the reasons for all variations.

History

CR 21-062: cr. Register July 2022 No. 799, eff. 8-1-22.

Chapter VE 4 VETERINARY PROFESSIONAL ASSISTANCE PROGRAM

Wis. Admin. Code § VE 4.01 Authority and purpose {#sec-ve-4.01 omnilex-key=us-wi-regs-official--agency-ve--VE 4.01}

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.

History

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

Wis. Admin. Code § VE 4.02 Definitions {#sec-ve-4.02 omnilex-key=us-wi-regs-official--agency-ve--VE 4.02}

As used this chapter:

(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.

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

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

(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.

(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.

(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.

(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.

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

(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.

(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.

(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.

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.

Wis. Admin. Code § VE 4.04 Contract for program {#sec-ve-4.04 omnilex-key=us-wi-regs-official--agency-ve--VE 4.04}

(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:

(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.

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

(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.

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

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

(h) Reporting program statistical information to the board.

(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.

(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.

(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.

(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.

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.

Wis. Admin. Code § VE 4.06 Referral to and eligibility for disciplinary program {#sec-ve-4.06 omnilex-key=us-wi-regs-official--agency-ve--VE 4.06}

(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.

(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.

(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.

(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.

History

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

Wis. Admin. Code § VE 4.08 Requirements for disciplinary program participation {#sec-ve-4.08 omnilex-key=us-wi-regs-official--agency-ve--VE 4.08}

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

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

(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.

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

(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).

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

(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.

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

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

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

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

(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.

(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.

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.

Wis. Admin. Code § VE 4.10 Disciplinary program participation agreement {#sec-ve-4.10 omnilex-key=us-wi-regs-official--agency-ve--VE 4.10}

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

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

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

(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.

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

(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.

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

The information described in pars. (a), (c), and (e).
If the credential holder violates the terms of the disciplinary program under s. VE 4.08 (1).
If the credential holder is dismissed from the disciplinary program, pursuant to s. VE 4.08 (2).

(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.

(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.

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

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.

Wis. Admin. Code § VE 4.12 Approval of service providers {#sec-ve-4.12 omnilex-key=us-wi-regs-official--agency-ve--VE 4.12}

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

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

The facility is certified by appropriate national or state certification agencies.
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.
Facility treatment plans and protocols are available to the program.
The facility, through the facility’s supervising therapist for the credential holder, agrees to file reports as required, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, relapses, or is believed to be in an unsafe condition to practice.

(b) The service provider is an individual therapist who:

Has credentials and experience determined by the program to be in the credential holder’s area of need.
Agrees to perform an appropriate assessment of the credential holder’s therapeutic needs and to establish and implement a comprehensive treatment regimen for the credential holder.
Forwards copies of the therapist’s treatment regimen and office protocols to the program.
Agrees to file reports as required to the program, including quarterly progress reports and immediate reports if a credential holder withdraws from therapy, relapses, or is believed to be in an unsafe condition to practice.

(2) If the program does not approve any service provider, as requested by the credential holder, the credential holder may, within 10 days of notice of the determination, request the board to review the program’s adverse determination.

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) (intro.) made under s. 35.17, Stats., Register July 2018 No. 751.

Wis. Admin. Code § VE 4.14 Approval of service providers for alcohol, drug or other chemical testing {#sec-ve-4.14 omnilex-key=us-wi-regs-official--agency-ve--VE 4.14}

(1) The program shall approve service providers for use by credential holders, who participate in alcohol, drug, or other chemical monitoring programs pursuant to stipulations between the board and credential holders or pursuant to disciplinary orders.

(2) To be approved as a service provider for alcohol, drug, or other chemical testing, the service provider shall satisfactorily meet all of the following requirements for administration, collection site, laboratory, and reporting:

(a) Administration.

The service provider shall enroll credential holders by setting up an account, establishing a method of payment, and supplying preprinted chain-of-custody forms.
The service provider shall provide the credential holder with the address and phone number of the nearest collection sites and shall assist in locating a qualified collection site when traveling outside the local area.
The service provider shall begin random selection of days, when credential holders shall provide specimens, upon enrollment and the service shall notify the program that selection has begun.
The service provider shall maintain a nationwide toll-free access or an internet website that is operational 24 hours per day, 7 days per week to inform credential holders of when to provide specimens and is able to document the date and time of contacts by credential holders.
The service provider shall maintain and make available to the program and service providers for treatment, through an internet website, data that are updated on a daily basis verifying the date and time each randomly selected credential holder was notified to provide a specimen, the date, time, and location each specimen was collected, the results of screening, and whether or not the credential holder complied as directed.
The service provider shall maintain internal and external quality of test results and other services.
The service provider shall maintain the confidentiality of credential holders, in accordance with s. 146.82, Stats.
The service provider shall inform credential holders of the total cost for each alcohol, drug, or other chemical screen including the cost for program administration, collection, transportation, analysis, reporting, and confirmation. Total cost shall not include the services of a medical review officer.
The service provider shall immediately report to the program, if the service provider, laboratory, or any collection site fails to comply with this section. The program may remove a service provider from the approved list if the service provider fails to comply with this section.
The service provider shall make available to the program experts to support a test result for 5 years after the test results are released to the program.
The service provider shall not sell or otherwise transfer or transmit names and other personal identification information of the credential holders to other persons or entities without permission from the program and board. The service shall not solicit from credential holders presently or formerly in the monitoring program or otherwise contact credential holders, except for purposes consistent with administering the program and only with permission from the program and board.
The service provider and laboratory shall not disclose to the credential holder or the public the specific alcohol, drugs or other chemicals tested.

(b) Collection site.

The service provider shall locate, train, and monitor collection sites for compliance with the U.S. department of transportation collection protocol under 49 CFR 40.
The service provider shall require delivery of specimens to the laboratory within 24 hours of collection.

The service provider shall utilize a laboratory that is certified by the U.S. department of health and human services, substance abuse and mental health services administration under 49 CFR 40. If the laboratory has had adverse or corrective action, the program shall evaluate the laboratory’s compliance on a case by case basis.
The service provider shall utilize a laboratory capable of analyzing specimens for alcohol, drugs or other chemicals specified by the program.
Testing specimens shall be initiated within 48 hours of pickup by courier.
All positive screens shall be confirmed utilizing gas chromatography in combination with mass spectrometry, mass spectrometry, or another approved method.
The laboratory shall allow the program personnel to tour facilities where participant specimens are tested.

(d) Report results.

The service provider shall provide results of each specimen to designated program personnel within 24 hours of processing.
The service provider shall inform designated program personnel of confirmed positive test results on the same day the test results are confirmed or by the next business day if the results are confirmed after hours, on the weekend, or on a state or federal holiday.
The service provider shall fax, e-mail, or electronically transmit laboratory copies of test results at the request of the program.
The service provider shall provide a medical review officer upon request and at the expense of the credential holder, to review disputed positive test results.
The service provider shall provide chain-of-custody transfer of disputed specimens to an approved independent laboratory for retesting at the request of the credential holder, the program or board.

History

EmR1718: emerg. cr., eff. 11-22-17; CR 17-083: cr. Register July 2018 No. 751, eff. 8-1-18, correction in (2) (a) 10. made under s. 35.17, Stats., Register July 2018 No. 751.

Wis. Admin. Code § VE 4.16 Records {#sec-ve-4.16 omnilex-key=us-wi-regs-official--agency-ve--VE 4.16}

(1) Custodian. All records relating to the program including applications for participation, agreements for participation, and reports of participation shall be maintained by the program, on behalf of the board as custodian.

(2) Public records requests. Requests to inspect program records shall be made to the custodian. The custodian shall evaluate each request on a case by case basis using applicable law relating to public records and giving appropriate weight to relevant factors in order to determine whether public interest in nondisclosure outweighs the public interest in access to the records. The fact of a credential holder’s participation in the program and the status of that participation may be disclosed to credentialing authorities of other jurisdictions.

(3) Treatment records. Treatment records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the board, by county departments under s. 51.42 or 51.437, Stats., and their staffs, and by treatment facilities are confidential under s. 51.30, Stats., and shall not be made available for public inspection.

(4) Patient health care records. Patient health care records are confidential under s. 146.82, Stats., and shall not be made available to the public without the informed consent of the patient or of a person authorized by the patient or as provided under s. 146.82 (2), Stats.

History

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

Wis. Admin. Code § VE 4.18 Reports to board {#sec-ve-4.18 omnilex-key=us-wi-regs-official--agency-ve--VE 4.18}

The program shall report to the board at least once a year and at other times, if requested to do so by the board.

History

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

Wis. Admin. Code VE — Veterinary Examining Board

Chapter VE 1 VETERINARIANS

Subchapter I Authority and Definitions

Wis. Admin. Code § VE 1.01 Authority {#sec-ve-1.01 omnilex-key=us-wi-regs-official--agency-ve--VE 1.01}

Wis. Admin. Code § VE 1.02 Definitions {#sec-ve-1.02 omnilex-key=us-wi-regs-official--agency-ve--VE 1.02}

Subchapter II Examinations

Wis. Admin. Code § VE 1.04 Administration {#sec-ve-1.04 omnilex-key=us-wi-regs-official--agency-ve--VE 1.04}

Wis. Admin. Code § VE 1.06 Competency tested {#sec-ve-1.06 omnilex-key=us-wi-regs-official--agency-ve--VE 1.06}

Wis. Admin. Code § VE 1.08 Passing scores {#sec-ve-1.08 omnilex-key=us-wi-regs-official--agency-ve--VE 1.08}

Wis. Admin. Code § VE 1.10 Claim of examination error {#sec-ve-1.10 omnilex-key=us-wi-regs-official--agency-ve--VE 1.10}

Subchapter III Licensure

Wis. Admin. Code § VE 1.12 License exemptions {#sec-ve-1.12 omnilex-key=us-wi-regs-official--agency-ve--VE 1.12}

Wis. Admin. Code § VE 1.14 Qualifications for licensure; examination or endorsement {#sec-ve-1.14 omnilex-key=us-wi-regs-official--agency-ve--VE 1.14}

Wis. Admin. Code § VE 1.16 Qualifications for licensure based on examination {#sec-ve-1.16 omnilex-key=us-wi-regs-official--agency-ve--VE 1.16}

Wis. Admin. Code § VE 1.18 Qualifications for licensure by endorsement {#sec-ve-1.18 omnilex-key=us-wi-regs-official--agency-ve--VE 1.18}

Wis. Admin. Code § VE 1.20 Licensure review by board {#sec-ve-1.20 omnilex-key=us-wi-regs-official--agency-ve--VE 1.20}

Wis. Admin. Code § VE 1.22 Reciprocal credentials for service members, former services members, their spouses {#sec-ve-1.22 omnilex-key=us-wi-regs-official--agency-ve--VE 1.22}

Wis. Admin. Code § VE 1.24 Issuing a license {#sec-ve-1.24 omnilex-key=us-wi-regs-official--agency-ve--VE 1.24}

Wis. Admin. Code § VE 1.26 Administrative fees {#sec-ve-1.26 omnilex-key=us-wi-regs-official--agency-ve--VE 1.26}

Wis. Admin. Code § VE 1.28 Renewal of license {#sec-ve-1.28 omnilex-key=us-wi-regs-official--agency-ve--VE 1.28}

Wis. Admin. Code § VE 1.30 Continuing education; requirements {#sec-ve-1.30 omnilex-key=us-wi-regs-official--agency-ve--VE 1.30}

Wis. Admin. Code § VE 1.32 Continuing education; programs and courses {#sec-ve-1.32 omnilex-key=us-wi-regs-official--agency-ve--VE 1.32}

Subchapter IV Permits

Wis. Admin. Code § VE 1.34 Temporary veterinary permits {#sec-ve-1.34 omnilex-key=us-wi-regs-official--agency-ve--VE 1.34}

Wis. Admin. Code § VE 1.36 Veterinary consulting permits {#sec-ve-1.36 omnilex-key=us-wi-regs-official--agency-ve--VE 1.36}

Subchapter V Practice Related to Veterinary Schools

Wis. Admin. Code § VE 1.38 Faculty license {#sec-ve-1.38 omnilex-key=us-wi-regs-official--agency-ve--VE 1.38}

Wis. Admin. Code § VE 1.40 Post graduate training permit {#sec-ve-1.40 omnilex-key=us-wi-regs-official--agency-ve--VE 1.40}

Wis. Admin. Code § VE 1.42 Veterinary students {#sec-ve-1.42 omnilex-key=us-wi-regs-official--agency-ve--VE 1.42}

Subchapter VI Standards of Practice and Unprofessional Conduct

Wis. Admin. Code § VE 1.44 Delegation of veterinary medical acts {#sec-ve-1.44 omnilex-key=us-wi-regs-official--agency-ve--VE 1.44}

Wis. Admin. Code § VE 1.46 Veterinary consulting {#sec-ve-1.46 omnilex-key=us-wi-regs-official--agency-ve--VE 1.46}

Wis. Admin. Code § VE 1.48 Veterinary referral to a license holder in another profession {#sec-ve-1.48 omnilex-key=us-wi-regs-official--agency-ve--VE 1.48}

Wis. Admin. Code § VE 1.50 Veterinary telemedicine {#sec-ve-1.50 omnilex-key=us-wi-regs-official--agency-ve--VE 1.50}

Wis. Admin. Code § VE 1.52 Records {#sec-ve-1.52 omnilex-key=us-wi-regs-official--agency-ve--VE 1.52}

Wis. Admin. Code § VE 1.54 Change of name and address {#sec-ve-1.54 omnilex-key=us-wi-regs-official--agency-ve--VE 1.54}

Wis. Admin. Code § VE 1.56 Display of license {#sec-ve-1.56 omnilex-key=us-wi-regs-official--agency-ve--VE 1.56}

Wis. Admin. Code § VE 1.58 Unprofessional conduct {#sec-ve-1.58 omnilex-key=us-wi-regs-official--agency-ve--VE 1.58}

Wis. Admin. Code § VE 1.60 Board action {#sec-ve-1.60 omnilex-key=us-wi-regs-official--agency-ve--VE 1.60}

Chapter VE 2 VETERINARY TECHNICIANS

Subchapter I Authority and Definitions

Wis. Admin. Code § VE 2.01 Authority {#sec-ve-2.01 omnilex-key=us-wi-regs-official--agency-ve--VE 2.01}

Wis. Admin. Code § VE 2.02 Definitions {#sec-ve-2.02 omnilex-key=us-wi-regs-official--agency-ve--VE 2.02}

Subchapter II Certification

Wis. Admin. Code § VE 2.04 Certification {#sec-ve-2.04 omnilex-key=us-wi-regs-official--agency-ve--VE 2.04}

Wis. Admin. Code § VE 2.06 Reciprocal credentials for service members, former services members, their spouses {#sec-ve-2.06 omnilex-key=us-wi-regs-official--agency-ve--VE 2.06}

Wis. Admin. Code § VE 2.08 Passing scores {#sec-ve-2.08 omnilex-key=us-wi-regs-official--agency-ve--VE 2.08}

Wis. Admin. Code § VE 2.10 Administrative fees {#sec-ve-2.10 omnilex-key=us-wi-regs-official--agency-ve--VE 2.10}

Wis. Admin. Code § VE 2.12 Renewal of certification {#sec-ve-2.12 omnilex-key=us-wi-regs-official--agency-ve--VE 2.12}

Wis. Admin. Code § VE 2.14 Continuing education; requirements {#sec-ve-2.14 omnilex-key=us-wi-regs-official--agency-ve--VE 2.14}

Wis. Admin. Code § VE 2.16 Continuing education; programs and courses {#sec-ve-2.16 omnilex-key=us-wi-regs-official--agency-ve--VE 2.16}

Subchapter III Standards of Practice and Unprofessional Conduct

Wis. Admin. Code § VE 2.18 Prohibited acts {#sec-ve-2.18 omnilex-key=us-wi-regs-official--agency-ve--VE 2.18}

Wis. Admin. Code § VE 2.20 Change of name and address {#sec-ve-2.20 omnilex-key=us-wi-regs-official--agency-ve--VE 2.20}

Wis. Admin. Code § VE 2.22 Display of certificate {#sec-ve-2.22 omnilex-key=us-wi-regs-official--agency-ve--VE 2.22}

Wis. Admin. Code § VE 2.24 Standards of practice {#sec-ve-2.24 omnilex-key=us-wi-regs-official--agency-ve--VE 2.24}

Wis. Admin. Code § VE 2.26 Unprofessional conduct {#sec-ve-2.26 omnilex-key=us-wi-regs-official--agency-ve--VE 2.26}

Wis. Admin. Code § VE 2.28 Board action {#sec-ve-2.28 omnilex-key=us-wi-regs-official--agency-ve--VE 2.28}

Chapter VE 3 COMPLAINT PROCEDURES

Subchapter I Authority and Definitions

Wis. Admin. Code § VE 3.01 Authority {#sec-ve-3.01 omnilex-key=us-wi-regs-official--agency-ve--VE 3.01}

Wis. Admin. Code § VE 3.02 Definitions {#sec-ve-3.02 omnilex-key=us-wi-regs-official--agency-ve--VE 3.02}

Subchapter II Procedures for Informal Complaints

Wis. Admin. Code § VE 3.04 Scope; kinds of proceedings {#sec-ve-3.04 omnilex-key=us-wi-regs-official--agency-ve--VE 3.04}

Wis. Admin. Code § VE 3.06 Receiving informal complaints {#sec-ve-3.06 omnilex-key=us-wi-regs-official--agency-ve--VE 3.06}

Wis. Admin. Code § VE 3.08 Screening {#sec-ve-3.08 omnilex-key=us-wi-regs-official--agency-ve--VE 3.08}

Wis. Admin. Code § VE 3.10 Non-credentialed persons {#sec-ve-3.10 omnilex-key=us-wi-regs-official--agency-ve--VE 3.10}

Wis. Admin. Code § VE 3.12 Negotiated settlement {#sec-ve-3.12 omnilex-key=us-wi-regs-official--agency-ve--VE 3.12}

Wis. Admin. Code § VE 3.14 Issuing an administrative warning {#sec-ve-3.14 omnilex-key=us-wi-regs-official--agency-ve--VE 3.14}

Wis. Admin. Code § VE 3.16 Contents of an administrative warning {#sec-ve-3.16 omnilex-key=us-wi-regs-official--agency-ve--VE 3.16}

Wis. Admin. Code § VE 3.18 Review of an administrative warning {#sec-ve-3.18 omnilex-key=us-wi-regs-official--agency-ve--VE 3.18}

Wis. Admin. Code § VE 3.20 Administrative warning review procedures {#sec-ve-3.20 omnilex-key=us-wi-regs-official--agency-ve--VE 3.20}

Wis. Admin. Code § VE 3.22 Review record {#sec-ve-3.22 omnilex-key=us-wi-regs-official--agency-ve--VE 3.22}

Subchapter III Procedures for Disciplinary Proceedings

Wis. Admin. Code § VE 3.24 Scope {#sec-ve-3.24 omnilex-key=us-wi-regs-official--agency-ve--VE 3.24}

Wis. Admin. Code § VE 3.26 Commencement of disciplinary proceedings {#sec-ve-3.26 omnilex-key=us-wi-regs-official--agency-ve--VE 3.26}

Wis. Admin. Code § VE 3.28 Pleadings to be captioned {#sec-ve-3.28 omnilex-key=us-wi-regs-official--agency-ve--VE 3.28}

Wis. Admin. Code § VE 3.30 Complaint {#sec-ve-3.30 omnilex-key=us-wi-regs-official--agency-ve--VE 3.30}

Wis. Admin. Code § VE 3.32 Service and filing of complaint {#sec-ve-3.32 omnilex-key=us-wi-regs-official--agency-ve--VE 3.32}

Wis. Admin. Code § VE 3.34 Answer {#sec-ve-3.34 omnilex-key=us-wi-regs-official--agency-ve--VE 3.34}