2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by rules to be promulgated by the Board of Nursing. This rule establishes those requirements relating to malpractice coverage for nurse-midwives.
Using the procedure under s.
227.24, Stats., the Board of Nursing will promulgate the rules as created by
2001 Wisconsin Act 52, for the period before permanent rules become effective.
TEXT OF RULE
SECTION 1. N 4.10 is created to read:
N 4.10 Malpractice insurance coverage. (1) Nurse-midwives shall maintain in effect malpractice insurance evidenced by one of the following:
(a) Personal liability coverage in the amounts specified in s.
665.23 (4), Stats.
(b) Coverage under a group liability policy providing individual coverage for the nurse-midwife in the amounts set forth in s.
655.23 (4), Stats.
(2) Notwithstanding sub. (1), malpractice insurance is not required for any of the following:
(a) A nurse-midwife who practices as an employee of this state or a governmental subdivision, as defined under s.
180.0103, Stats.
(b) A nurse-midwife who practices as an employee of the federal public health service under
42 USC 233 (g).
(c) A nurse-midwife who does not provide care for patients.
(3) A nurse-midwife shall submit to the board satisfactory evidence that he or she has in effect malpractice insurance required by sub. (1) at the time established for credential renewal under s.
440.08 (2) (a) 50., Stats.
Fiscal Estimate
The estimated cost associated with enforcement of the rule is $1,250 annually. This cost is based on the annual review of evidence of insurance and follow-up with credential holders where appropriate.
(125 holders @ $10.00/holder = $1,250.00.
Notice of Hearing
Nursing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in ss.
15.08 (5) (b) and
227.11 (2), Stats., and ss.
441.15 (2) (c),
441.15 (3) (a) 3. and
441.15 (5), Stats., as created by
2001 Wisconsin Act 52, and s.
441.(3) (bm), Stats., as amended by
2001 Wisconsin Act 52, and interpreting ss.
441.15 (2) (c),
441.15 (3) (bm) and
441.15 (5) (b), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below relating to the practice of nurse-midwives.
Hearing Date, Time and Location
Date: March 7, 2003
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by March 21, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by these rules. Also, throughout the rule-making order words are capitalized in accordance with the Administrative Rules Procedural Manual at s.
1.01 (4), on page 3 on the Manual.
Section 1 is amended to include the malpractice insurance requirements.
Section 2 is amended to update the definition of complications that are consistent with the standards of practice of the American College of Nurse-Midwives.
Section 3 creates a definition of collaboration.
Section 4 amends the definition of formal written agreement to written agreement.
Sections 5 and 6 repeal requirements that are no longer required.
Section 7 renumbers a subsection.
Section 8 updates the requirements for licensure and Section 9 amends the application procedures for licensure. Section 9 also, and Section 10 provides a second certification council.
Sections 11 and 12 modify the scope of practice relating to referrals.
Section 13 creates the malpractice insurance coverage for nurse-midwives.
Fiscal Estimate
The estimated cost associated with enforcement of this rule is $1,250 annually. This cost is based on the annual review of evidence of insurance and follow-up with credential holders where appropriate. (125 holders @$10.00 = $1,250.00)
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearings
Physical Therapists
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Physical Therapists Affiliated Credentialing Board in ss.
15.085 (5) (b ) and 227.11 (2), Stats., and ss.
448.527,
448.55,
448.564 and
448.567, Stats., as created by
2001 Wisconsin Act 70, and interpreting ss.
448.527,
448.55,
448.56,
448.564 and
448.567, Stats., the Physical Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to repeal the Notes following PT 1.03 (1) (c) and (1) (d) 4., to renumber and amend PT 3.01 (4) and 6.01 (1) (intro.); to amend PT 1.01, 1.02 (intro.), (2) and (6), 1.03 (1) (intro.), (c), (d) (intro.), 2., (2), (3) (a) to (d) and the Note following PT 1.03 (3) (d), 2.01(1) (h), (i), (6) (a) and (b), (8) (intro.), 3.01 (1) and (3), ch.
PT 5 (title), 5.01 (title) and (intro.), (5) and (6), 5.02(title), (intro.), (1), (2), (4) to (6) and (8) to (9), 7.01, 7.02 (1), 8.01; and to create a Note following PT 1.03 (2), 2.04, 3.01 (4), (6) and (7), 4.01 (1) (d), 5.02 (10), 6.01 (1) (a) to (c), (2) and (3), 7.02 (19), (20), (21), 7.03 and 7.04 and Chapter
PT 9, relating to physical therapists and physical therapy aides.
Hearing Date, Time and Location
Date: March 4, 2003
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, WI
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by March 21, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
This proposed rule-making order implements
2001 Wisconsin Act 70, relating to the licensing of physical therapists and physical therapist assistants and granting rule-making authority. The Act makes a number of changes to the provisions affecting the practice of physical therapy and physical therapist assistants, as well as requirements relating to continuing education.
Section 1 amends the authority to include the amended and new statutory language brought about by Act 70.
Section 2 amends the definitions of “FSBPT" and “physical therapy aide."
Section 3 simply adds two words for clarification.
Section 4 repeals a Note that no longer is needed.
Section 5 is amended to include the physical therapist assistants' requirements.
Section 6 repeals a Note that is no longer needed.
Section 7 is amended to include the physical therapist assistant's requirements.
Section 8 creates a Note that refers to foreign graduate evaluation services.
Section 9 is amended to include the physical therapist assistant requirements and also amends the Note providing the change in the Commission on Accreditation.
Section 10 is amended to include the physical therapist assistant educational programs.
Section 11 creates the examination requirements.
Section 12 is amended to include the physical therapist assistant examination.
Section 13 is amended to repeal outdated information.
Sections 14 and (15) are amended to clarify the supervision of a person holding a temporary license.
Section 16 is created to provide a letter from an organization or facility requesting the applicant's services.
Sections 17, 18 and 19 amend the requirements of supervision of physical therapist assistants and physical therapy aides, such as the description of aspects of patient care; examinations, supervision; and patient related tasks.
Section 20 repeals some services for referrals and Section 21 creates types of services for referrals.
Section 22 amends several statutory sites.
Section 23 is created to include other conduct that relates to unprofessional conduct.
Section 24 amends a statutory site.
Section 25 creates Chapter
9, continuing education that includes definitions. requirements, standards for approval of continuing education programs, tables of activities that qualify for continuing education hours, and the number of hours, and what constitutes proof of attendance at continuing education programs that may be required for renewal.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
