2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to implement
2013 Act 244 by doing the following:
• Create a definition of “mobile dentistry program";
• Define the activities that constitute the operation of a mobile dentistry program for purposes of the registration requirement;
• Requirements for obtaining a registration;
• Requirements for patient access to dental records; and
• Standards of conduct for the operation of a mobile dentistry program, the provision of dental services through a mobile dentistry program and the use of portable dental equipment.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Under
2013 Act 244, no person may own or operate a mobile dentistry program in Wisconsin unless the person is registered. The Dentistry Examining Board was given specific authority to promulgate rules to regulate mobile dentistry programs as outline in the above objective of the proposed rule.
The alternative to promulgation of rules would be to create confusion as to the definition of a mobile dentistry program, the activities the program may perform, the process for obtaining registration and the standards of conduct which must be followed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
447.02(2), Stats. The examining board shall promulgate rules specifying all of the following:
(f) A requirement that a mobile dentistry program registrant establish procedures for a patient treated in the mobile dentistry program to access his or her patient records.
(g) Standards of conduct for the operation of a mobile dentistry program in this state, the provision of dental services through a mobile dentistry program, and the use of portable dental equipment.
(h) A definition of “mobile dentistry program" and the activities that constitute the operation of mobile dentistry program for purposes of the registration requirement under s.
447.058.
Section
447.058 (2) (a), Stats. The examining board may grant a registration under this section to a person who does all of the following:
3. Satisfies any other requirements established by the examining board by rule.
Section
15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
200 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
The owners, operators and employees of mobile dentistry programs and their patients will be affected by the proposed rule.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
None
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
9. Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Medical Examining Board
The scope statement was approved by the Governor on July 28, 2014.
Rule No.
Chapters
Med 3 and
5 (revise).
Relating to
Physician licensure.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
2013 Wisconsin Act 240 has a delayed effective date of April 1, 2015. Emergency rules are needed to ensure that the proposed rules will be in effect by the April 1, 2015 date. Furthermore, the Legislature by Section
39 of
2013 Wisconsin Act 240 provides an exemption from a finding of emergency in promulgating the proposed rules.
2. Detailed Description of the Objective of the Proposed Rule
The purpose of the proposed rule is to bring current Wisconsin Administrative Code chs.
Med 3 and
5 in line with recent legislation, specifically
2013 Wisconsin Act 240.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The passage of
2013 Wisconsin Act 240 had a major impact on physician licensure in Wisconsin. The legislation changed current rules regarding eligibility for a regular license, licensure for graduates of foreign medical schools, temporary educational permits, and temporary license for visiting professors. Currently, applicants for any class of license to practice medicine and surgery must provide evidence to the Medical Examining Board (Board) that he or she is a graduate of a medical or osteopathic college approved by the Board and has completed 12 months of postgraduate training in a facility approved by the Board. Act 240 now requires applicants for a regular license to successfully complete 24 months of postgraduate training or the applicant must be currently enrolled in a post-graduate training program and have successfully completed12 months of post graduate training and receive an unrestricted endorsement from the postgraduate training program director that the applicant is expected to complete at least 24 months of postgraduate training.
2013 Wisconsin Act 240 also requires graduates of a foreign medical school applying for a regular license to practice medicine and surgery, be a graduate of a foreign medical college credentialed by an agency approved by the Board, obtain certification by the Educational Council for Foreign Medical Graduates, or a successor organization, pass all the steps of the United States Medical Licensing Examination (USMLE), and successfully complete 24 months of postgraduate training. If the foreign medical school graduate has not completed 24 months of postgraduate training, he or she may successfully complete 12 months of postgraduate training and receive an unrestricted endorsement from the postgraduate training program director that the applicant is expected to complete at least 24 months of postgraduate training.
The former temporary license for visiting professor has been recreated as the new restricted license to practice as a visiting physician. The visiting professor license was restricted to foreign medical school graduates who were invited to serve on the academic staff of a medical school. The visiting physician license is open to any physician outside of Wisconsin. The holder of the license must limit his or her practice of medicine to the medical education facility, research facility, or college where the holder is teaching, performing research, or practicing. The former temporary educational permit has been transformed into the new resident educational license. Unlike the temporary educational permit, the resident educational license grants an educational license to residents upon entry into their first year of post-graduate training and restricts the license holder to the practice of medicine and surgery only within the scope his or her duties under their postgraduate training program.
Lastly, the legislation has created a new licensure class, the administrative physician license. The administrative physician licensee must meet the same licensure requirements as a regular license holder to practice medicine and surgery. However, the administrative physician licensee may not engage in the practice of medicine except as authorized by s.
448.03 (2), Stats.
As a result of the changes instituted by Act 240, the Medical Examining Board is promulgating the proposed rule to amend
chs.
Med 3 and
5 and to create additional chapters as necessary.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language)
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 on future licensure classes and licensure examination requirements.
Section
227.11 (2) (a), Stats., discusses the parameters of and agency's rule-making authority, stating an agency, “may promulgate rule interpreting provisions of statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . ." This section allows an agency to promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Persons who will be affected by the proposed rule include applicants for licensure as a physician.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule is not likely to have a significant impact on small businesses.
9. Contact Person
Shawn Leatherwood, Shancethea.Leatherwood@ wisconsin.gov, 608-261-4438.
Safety and Professional Services —
Real Estate Examining Board
The scope statement was approved by the governor on July 23, 2014.
Rule No.
Relating to
Revocation due to being convicted of a felony that is a bar to licensure or registration.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
2013 Wisconsin Act 288 includes as a basis for revocation, a credential holder who has been convicted of a felony that is a bar to licensure or registration. The objective of the proposed rule is to add this to the Board's conduct and ethical practices which define conduct which may result in board discipline.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
2013 Wisconsin Act 288 creates as a basis for revocation, a credential holder who has been convicted of a felony that is a bar to licensure or registration. The proposed policy is to add this to the Board's rules defining conduct which may result in discipline.
The alternative is for this basis for revocation not be included in the conduct and ethical practices chapter of the Board's rules.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected By The Proposed Rule
Real estate salespersons and brokers.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal economic impact. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377.
Safety and Professional Services —
Veterinary Examining Board
