The methodologies used in drafting the proposed rules include reviewing 2013 Wisconsin Act 240 and obtaining feedback from members of the Medical Examining Board. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
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 Tom.Engels@wisconsin.gov, or by calling (608) 266-8608. Fiscal Estimate:
The Department finds that this rule will have a fiscal effect resulting in a one-time anticipated cost of approximately $38,600. The Department will attempt to absorb this cost within the existing budget.
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 Tom.Engels@wisconsin.gov, or by calling (608) 266-8608. Agency contact person:
Shancethea Leatherwood, 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 608-261-4438; email at Shancethea.Leatherwood@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Shancethea Leatherwood, 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 Shancethea.Leatherwood@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SECTION 1. Med 1.02 (3) is repealed and recreated to read:
Med 1.02 (3) (a) A verified certificate showing satisfactory completion by the applicant of 24 months of postgraduate training in one or more programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association or a successor organization; or provide documentary evidence that the applicant is currently enrolled in a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, or the American Osteopathic Association or a successor organization and has received credit for 12 consecutive months of postgraduate training in that program and an unrestricted endorsement from the postgraduate training director that the applicant is expected to complete at least 24 months of postgraduate training.
(b) If an applicant is a graduate of a foreign medical school, then the applicant must provide a verified certificate showing satisfactory completion of 24 months of postgraduate training in one or more programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association or a successor organization; or provide documentary evidence that the applicant is currently enrolled in a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, or the American Osteopathic Association or a successor organization and has received credit for 12 consecutive months of postgraduate training in that program and an unrestricted endorsement from the postgraduate training director that the applicant is expected to complete at least 24 months of postgraduate training.
(c) If the applicant is a graduate of a foreign medical school and has not completed 24 months of postgraduate training approved by the board and is not currently enrolled in a postgraduate training program but the applicant has other professional experience which the applicant believes has given that applicant the education and training substantially equivalent to 24 months of postgraduate training; then the applicant may submit documentary evidence illustrating substantially equivalent education and training. The board will review the documentary evidence and may make further inquiry, including a personal interview of the applicant, as the board deems necessary to determine whether substantial equivalence in fact exists. The burden of proof of such equivalence shall lie upon the applicant. If the board finds that the documentary evidence is substantially equivalent to the required training and experience the board may accept the experience in lieu of requiring the applicant to have completed 24 months of postgraduate training in a program approved by the board.
(d) The board approves of the following facilities and training programs to include, the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the Liaison Committee on Medical Education, and the National Joint Committee on Approval of Pre-Registration of Physician Training Programs of Canada, or their successor organizations.
SECTION 2. Med 3 (title) is amended to read:
CHAPTER MED 3
VISITING PROFESSOR PHYSICIAN LICENSE
SECTION 3. Med 3.01 and 3.02 are amended to read:
Med 3.01 Authority and purpose. The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 (2) (a) and 448.40, Stats., and govern application for a temporary license to practice medicine and surgery under s. 448.04 (1) (b) 2., Stats., restricted license to practice medicine and surgery as a visiting physician under 448.04 (1) (bg), Stats., (hereinafter “visiting professor physician license”), and also govern practice thereunder. Med 3.02 Applications, credentials, and eligibility. An applicant who is a graduate of a foreign medical school located outside of the United States or Canada or an osteopathic college that is approved by the board and who is invited to serve on the academic staff of a medical school in this state as a visiting professor physician may apply to the board for a temporary visiting professor license visiting physician license and shall submit to the board all of the following:
(1) A completed and verified application for this purpose as required in s. Med 1.02 (1), which includes proof that the applicant has graduated from and possesses a diploma from a medical or osteopathic college that is approved by the board. (1m) Documentary evidence of licensure to practice medicine and surgery.
(2) A signed letter from the appointing authority president or dean of a medical school, facility, or college in this state indicating that the applicant has been invited to serve on the academic staff of such medical school as a visiting professor intends to teach, research, or practice medicine and surgery at a medical education facility, medical research facility or medical college in this state.
(3) A curriculum vitae setting out the applicant's education and qualifications and a verified photographic copy of the diploma (with translation) conferring the degree of doctor of medicine granted to the applicant by such school.
(4) A photograph of the applicant as required in s. Med 1.02 (4). (5) A verified statement that the applicant is familiar with the state health laws and the rules of the department of health services as related to communicable diseases.
(6) Documentary evidence of noteworthy attainment in a specialized field of medicine.
(7) Documentary evidence of post-graduate postgraduate training completed in the United States and/or or foreign countries.
(8) Oral interview conducted by at the discretion of the board.
(9) Documentary evidence that the applicant teaches medicine, engages in medical research, or practices medicine and surgery outside of Wisconsin.
SECTION 4. Med 3.04 is amended to read:
Med 3.04 Practice limitations. The holder of a temporary visiting professor physician license may practice medicine and surgery as defined in s. 448.01 (9), Stats., providing such practice is full-time and is entirely limited to the medical education facility, medical research facility, or the medical college where the license holder is teaching, researching, or practicing medicine and surgery and only within the terms and restrictions established by the board. the duties of the academic position to which the holder of such license is appointed. SECTION 5. Med 3.05 is repealed and recreated to read:
Med 3.05 Expiration and renewal. A visiting physician license is valid for one year and remains valid only while the license holder is actively engaged in teaching, researching, or practicing medicine and surgery and is lawfully entitled to work in the United States. The visiting physician license may be renewed at the discretion of the board.
SECTION 6. Med 3.06 is amended to read:
Med 3.06 Examination and interview. Applicants shall participate in an oral interview conducted by the board, and shall complete an open book examination on statutes and rules governing the practice of medicine and surgery in Wisconsin.
SECTION 7. Med 5 (title) is amended to read:
CHAPTER MED 5
TEMPORARY EDUCATIONAL PERMIT RESIDENT EDUCATIONAL LICENSE TO PRACTICE MEDICINE AND SURGERY
SECTION 8. Med 5.01 and 5.02 are amended to read:
Med 5.01 Authority and purpose. The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 and 448.40, Stats., and govern application for temporary educational permit the resident educational license to practice medicine and surgery under s. 448.04 (1) (c), Stats., s. 448.04 (1) (bm), Stats., (hereinafter "temporary resident educational permit license"), and also govern practice thereunder.
