SOURCE
OF WISCONSIN LAW
PRACTICE
OF VETERINARY MEDICINE
GROUNDS
FOR DISCIPLINE
Source
of Wisconsin Law
Q.
What is the primary source of Wisconsin
law that governs the regulation of veterinarians?
A.
Veterinarians are licensed by the Veterinary Examining Board pursuant
to Chapter 453, Wisconsin Statutes. See also, Chapters VE 1-10 Wisconsin
Administrative Code.
Back
to top
Practice
of Veterinary medicine
Q.
What constitutes the practice of veterinary medicine?
A.
The practice of veterinary medicine means to examine into the fact or
cause of animal health, disease or physical condition, or to treat,
operate, prescribe or advise for the same, or to undertake, offer, advertise,
announce, or hold out in any manner to do any of said acts, for compensation,
direct or indirect, or in the expectation thereof.
Q.
What constitutes a "veterinarian-client-patient relationship"?
A.
A "veterinarian-client-patient relationship" means a relationship
between a veterinarian, a client and the patient in which all of the
following apply:
(a)
The veterinarian has assumed the responsibility for making medical judgments
regarding the health of the patient and the patient's need for medical
treatment, and the client has agreed
to
accept those medical judgments and to follow the related instructions
of the veterinarian.
(b)
The veterinarian has sufficient knowledge of the patient to initiate
a general or preliminary diagnosis of the medical condition of the patient
because the veterinarian has recently examined
the patient or has made medically appropriate and timely visits to the
premises on which the patient is kept.
(c)
The veterinarian is readily available for follow-up treatment of the
patient if the patient has an adverse reaction to veterinary treatment.
Q.
How long are veterinarians required to maintain individual patient records?
A.
Veterinarians are required to maintain individual patient records
on every patient administered to by the veterinarian other than
food and fiber patients for a period of not less than
3 years after the date of the last entry. Veterinarians are required
to keep individual client records for food and fiber
patients for 3 years after the date of the last entry.
Q.
How long are veterinarians required to maintain records of prescription
drugs?
A.
Veterinarians are required to maintain records of each veterinary prescription
drug prescribed under s. 453.068, Wis. Stats., for not less than 3 years
after the date on which the veterinarian prescribes, dispenses or administers
the drug or extra-label use.
Q.
Are veterinarians permitted to delegate veterinary medical acts?
A.
Yes, under certain circumstances.
Q.
What veterinary medical acts may not be delegated?
A.
The following acts are limited to those holding
a license under s. 453.06 (1), 453.06 (2m) (a), or 453.072, Stats.;
a permit under s. VE 3.05, 5.03 or 6.02; 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.
Q.
What veterinary medical acts may be delegated to veterinary students?
A.
Except as provided under s.
95.21 (2), Stats., veterinarians may delegate to veterinary students
the provision of veterinary medical services under the direct supervision
of the veterinarian when the veterinarian is personally present on the
premises where the services are provided.
Q.
What veterinary medical acts may be delegated to certified veterinary
technicians?
A.
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 direct supervision of the veterinarian:
(a)
Nonsurgical veterinary treatment of animal diseases and conditions,
including administration of vaccines.
(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.
(c)
Administration of sedatives and presurgical medications.
(d)
Obstetrical treatment.
(e)
Nutritional evaluation and counseling.
Q.
What other veterinary medical acts may be delegated to certified veterinary
technicians?
A.
Veterinarians may delegate to certified veterinary technicians the provision
of the following veterinary medical services under the direct 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.
(c)
Dental prophylaxis and extractions.
Q.
What veterinary medical acts may be delegated to unlicensed assistants?
A.
Veterinarians may delegate to unlicensed assistants the provision of
the following veterinary medical services under the direct 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 animal patient.
(c)
Dispensing prescription drugs pursuant to the written order of the veterinarian.
Q.
What other veterinary medical acts may be delegated to unlicensed assistants?
A.
Except as provided under s.
95.21, Stats., veterinarians may delegate to unlicensed assistants
the provision of the following veterinary medical services under the
direct 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.
(c)
Dental prophylaxis.
(d)
Nutritional evaluation and counseling.
Q.
What veterinary medical acts may be delegated in response to emergency
situations?
A.
Veterinary students, certified veterinary technicians or unlicensed
assistants employed by veterinarians may, under the direct supervision
of the veterinarians 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.
Back
to top
Grounds
for Discipline
Q.
Does making a materially false statement
or giving materially false information
in connection with an application for a license or for renewal or reinstatement
of a license or in making a report to the examining board constitute
grounds for discipline?
A.
Yes.
Q.
What are some other grounds for discipline?
Subject
to subch. II of ch. 111, Wis. Stats., and the rules adopted under s.
440.03 (1), Wis. Stats., the examining board may, by order, reprimand
any person holding a license, certificate or permit under this chapter
or deny, revoke, suspend, limit or any combination thereof, the person's
license, certificate or permit if the person has:
(a)
Engaged in unprofessional conduct.
(b)
Been adjudicated mentally incompetent by a court.
(c)
Been found guilty of an offense the circumstances of which substantially
relate to the practice of veterinary medicine.
Q.
What constitutes "unprofessional conduct"?
A.
Unprofessional conduct includes, but is not limited to:
(a)
Making any materially false statement or giving any materially false
information in connection with an application for a license or for renewal
or reinstatement of a license or in making
a report to the examining board.
(b)
Violating Wis. Stat. ch. 453 or ch. 440 or any federal or state statute
or rule which substantially relates to the practice of veterinary medicine.
(c)
Practicing veterinary medicine while the person's ability to practice
is impaired by alcohol or other drugs or physical or mental disability
or disease.
(d)
Engaging in false, misleading or deceptive advertising.
(e)
Making a substantial misrepresentation in the course of practice which
is relied upon by a client.
(f)
Engaging in conduct in the practice of veterinary medicine which evidences
a lack of knowledge or ability to apply professional principles or skills.
(fm)
Handling, distributing, using or disposing of pesticides in violation
of ss. 94.67 to 94.71 or the rules promulgated under ss. 94.67 to 94.71.
(g)
Obtaining or attempting to obtain compensation by fraud or deceit.
(h)
Violating any order of the examining board.
Q.
What other conduct constitutes unprofessional conduct?
A.
Additional conduct that constitutes unprofessional conduct includes:
(1)
Conduct in the practice of veterinary medicine which evidences a lack
of knowledge or ability to apply professional principles or skills.
(2)
Fraud, gross negligence or deception in the practice of veterinary medicine.
(3)
Being convicted of a crime the circumstances of which substantially
relate to the practice of veterinary medicine.
(4)
Violating or aiding and abetting the violation of any law or administrative
rule or regulation substantially related to the practice of veterinary
medicine.
(5)
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.
(6)
Having a veterinary license or federal veterinary accreditation limited,
suspended or revoked, or having been subject to any other discipline
or restriction.
(7)
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.
(8)
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.
(9)
Prescribing, ordering, dispensing, administering, supplying, selling
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.
(10)
Selling veterinary prescription drugs without establishing and maintaining
a veterinary–patient–client relationship.
(11)
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.
(12)
Prescribing, ordering, dispensing, administering, supplying, se ll ing
or giving any controlled substance solely for training or racing purposes
and not for a medically sound reason.
(13)
Allowing a veterinary student to treat a patient without the veterinarian
giving direct supervision.
(14)
Failure of the veterinarian to advise the client that the person assisting
is a veterinary student or unlicensed assistant.
(15)
Failure to maintain records as required by s.
VE 7.03.
(16)
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.”
(17)
Failure to keep the veterinary facility and all equipment, including
mobile units, in a clean and sanitary condition while practicing as
a veterinarian.
(18)
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.
(19)
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.
(20)
Practicing under an expired license.
(21)
Exceeding the scope of veterinary practice, as defined in s. 453.02
(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.
(22)
Falsely certifying to the board that the veterinarian is exempt from
the requirements of ss. VE 10.03 and 10.04 or falsely certifying that
the veterinarian has met certification or continuing veterinary education
requirements relating to the use, handling, distribution and disposal
of pesticides.
Q.
Does the examining board have the authority to assess forfeitures in
disciplinary proceedings?
A.
Yes. In addition to or in lieu of a reprimand or denial, limitation,
suspension or revocation of a license, certificate or permit under sub.
(2), the examining board may assess against the applicant
for or the holder of the license, certificate or permit a forfeiture
of not more than $5,000 for each violation of Wis. Stat. § 453.068.
Back
to top
