CR 19-066 Rule Text

STATE OF WISCONSIN

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

------------------------------------------------------------------------------------------------------------ IN THE MATTER OF RULEMAKING   :   PROPOSED ORDER OF THE PROCEEDINGS BEFORE THE   :   DEPARTMENT OF SAFETY DEPARTMENT OF SAFETY AND   :   AND PROFESSIONAL SERVICES PROFESSIONAL SERVICES   :   ADOPTING RULES

:   (CLEARINGHOUSE RULE   )

------------------------------------------------------------------------------------------------------------ PROPOSED ORDER

An order of the Department of Safety and Professional Services to repeal SPS 180.02 (6); and to amend SPS 180.01, 180.02 (intro), (1m), (3m), (8) and (11), 181.01 (1) (a) and (c),

(2) (a), 4 (a) 2. b. and f., 182.02 (1) (intro) and (e), and (1m), 183.01 (1) (intro), (g), and (v), and (2), (3), and (4) relating to licensure, standards of practice, and grounds for discipline of midwives.

Analysis prepared by the Department of Safety and Professional Services.

------------------------------------------------------------------------------------------------------------ ANALYSIS

Statutes interpreted: Subchapter XIII of ch. 440, Stats. Statutory authority:

Section 440.984, Stats.

Explanation of agency authority:

Section 440.984, Stats. provides: “The department shall promulgate rules necessary to administer this subchapter.”

Related statutes or rules: None.

Plain language analysis: This rule project amends chs. SPS 180 to 183 relating to licensure, standards of practice, and grounds for discipline of midwives to bring the rules into conformity with current drafting standards. This includes removing an unnecessary definition, revising several definitions to instead refer to identical definitions found in subch. I of ch. 440, Stats., amending internal references to subch. XII of ch. 440, Stats. to instead reference the correct subchapter (XIII), removing the phrase “but not limited to,” and replacing the use of “his or her” and “he or she” throughout.

Summary of, and comparison with, existing or proposed federal regulation:

The federal government does not regulate licensed midwives.

Comparison with rules in adjacent states:

Illinois: Although Illinois does credential and regulate nurse midwives, unlike Wisconsin, Illinois does not credential licensed midwives.

Iowa: Although Iowa does credential and regulate nurse midwives, unlike Wisconsin, Iowa does not credential licensed midwives.

Michigan: Michigan has recently passed legislation, which was signed by the Governor, to create a Board of Midwifery to promulgate rules regulating licensed midwives.

However, the Board has not yet produced administrative rules regulating this profession.

Minnesota: Minnesota does offer a credential for “traditional midwives,” which is similar to licensed midwives under Wisconsin law. There are no similarities or differences between the states that are relevant for the purposes of this rule project, however.

Summary of factual data and analytical methodologies:

The proposed rule project amends chs. SPS 180 to 183 to correct statutory references and otherwise bring the rules into conformity with current drafting standards.

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 [e-mail], or by calling [phone].

Agency contact person:

Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53705; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Jon Derenne, Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way,

P.O. Box 8935, Madison, WI 53705, or by email to [e-mail]. Comments shall be received at or before the hearing scheduled for 11:00 AM on June 7, 2019 to be included in the record of rule-making proceedings.

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TEXT OF RULE

SECTION 1. SPS 180.01 is amended to read: