STATE OF WISCONSIN
VETERINARY EXAMINING BOARD
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
VETERINARY EXAMINING BOARD
PROPOSED ORDER OF THE
VETERINARY EXAMINING
BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE
)
PROPOSED ORDER
An order of the Veterinary Examining Board
to
repeal VE 10.03 (3) (b) and (
i
)
relating to continuing education.
Analysis prepared by the Department of
Safety and Professional Services
.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section
15.08 (5) (b)
,
Stats.,
provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” The proposed rule seeks to provide guidance to licensed veterinarians and licensed veterinary technicians on compliance with continuing education requirements.
Section
227.11 (2) (a)
, Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.”
Section
453.03 (2)
, Stats
,.
provides
that the, “examining board shall promulgate rules requiring training and continuing education sufficient to assure competency of veterinarians and veterinary technicians in the practice of veterinary medicine, . . .”
Related statute or rule:
None
Plain language analysis:
In accordance with s.
453.062 (2) (a)
and
(b)
, Stats., licensed veterinarians are required to complete 30 hours of continuing education and licensed veterinary technicians are required to complete 15 hours of continuing education. Continuing education requirements for both veterinarians and veterinary technicians are found in Chapter
VE 10
. Recently, the Veterinary Examining Board identified several provisions within
ch.
VE 10
that required revising, specifically s.
VE 10.03 (3) (b)
. The Board determined th
at this provision allowing
self-
study
of veterinary medical or scientific journals was obsolete due to the abundance of continuing education offered via the internet. The Board also identified s.
VE 10.03 (3) (
i
)
, regarding certification to use, handle, distribute and dispose of pesticides as outdated due to recent legislation,
2009 Wisconsin Act 139
. Act 139 specified that the Board may not require training or continuing education concerning the use, handling, distribution, and disposal of pesticides, other than for disciplinary purposes.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
Illinois Administrative Code allows
renewal applicants to use
self-study
courses offered by an approved provider (Ill. Admin. Code tit. 68, pt.1500.25 and Ill. Admin. Code tit. 68, pt. 1505.55
).
Iowa
:
Iowa Administrative Code allows the completion of distance education courses but does not explicitly allow for the completion of
self-study
courses to fulfill continuing education requirements (Iowa Admin. Code r. 811-11.1).
Michigan
:
Continuing education is not required to renew a license as a veterinarian or a veterinary
technician
in the state of Michigan.
Minnesota:
Minnesota Administrative Code specifies that not more than ten hours of continuing education credit from
noninteractive
(
self-study
) sources may be accepted toward the 40-hour continuing education credit requirement for license renewal (Minn. R. 9100.100
subp
. 5.)
Summary of factual data and analytical methodologies:
The Board reviewed the continuing education rules for consistency with the Wisconsin Statutes and contemporary practices. Adjacent states’ requirements were also reviewed.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule
was
posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals for a period of 14 days.
No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis
document
is attached.
Effect on small business
:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Eric.Esser
@wisconsin.gov
, or b
y calling (608) 267-2435
.
Agency contact person
:
Katie Vieira (
Paff
), Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-4472
; email at
Kathleen.Vieira
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Katie Vieira (
Paff
), Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400
East Washington Avenue, Room 151, P.O. Box
8366
, Madison, WI 53708-8935, or by email to
Kathleen.Vieira
@wisco
ns
in.gov
. Comments must be received on or before
the public hearing to be held on
November 4
, 2015
to be included in the record of rule-making proceedings.
------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section
1
.
VE 10.03
(3)
(b) and (
i
) are repealed.
Section
2
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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