Medical Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
MEDICAL EXAMINING BOARD
PROPOSED ORDER OF THE MEDICAL EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Medical Examining Board to repeal Med 1.06 (2) and (5), 1.07, 1.08 (1), and 1.09, amend Med 1.01, 1.02 (2) and (3) (a), (b), and (c), 1.06 (1) (a) (intro.) and 9., (b), and (d) and (3) (a), (b), (c), (d), (e), and (f) (intro.) and 2., 1.08 (2), 14.03, and 14.06 (2) (intro.), and create Med 1.015 (2m), 1.02 (3) (cm), and 1.06 (3) (bm) and (4), relating to general update and cleanup of rules.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
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. . .” Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 448.05 (2) (c), Stats., provides “[t]he board may promulgate rules specifying circumstances in which the board, in cases of hardship or in cases in which the applicant possesses a medical license issued by another jurisdiction, may grant a waiver from any requirement under par. (a) or (b). The board may grant such a waiver only in accordance with those rules.” Section 448.40 (1), Stats., provides “[t]he board may promulgate rules to carry out the purposes of this subchapter, including rules requiring the completion of continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs for renewal of a license to practice medicine and surgery.” Related statute or rule:
None.
Plain language analysis:
The proposed rules update chs. Med 1 and 14 relating to licenses to practice medicine and surgery and biennial registration. The proposed rules better align with statute, reflect current practices, and provide a clearer regulatory landscape for applicants. Current rules contain provisions relating to an open-book examination on statutes and rules governing the practice of medicine and surgery in Wisconsin. As the Board no longer requires an applicant for licensure to practice medicine and surgery to take the statutes and rules examination, the proposed rules remove all references to it.
2015 Wisconsin Act 269 removed a requirement that examinations for licensure to practice medicine and surgery be limited to those administered by national organizations. As a result, the Board is conducting an oral examination in lieu of the oral interview referenced in current rules. The proposed rules replace references to the oral interview with the oral examination, specify how the oral examination is administered, and update the criteria the Board may use to determine if an applicant is required to take the oral examination. Current rules do not address the Comprehensive Osteopathic Medical Licensing Examination, commonly known as the COMLEX-USA. The proposed rules specify the Board requirements for the COMLEX-USA examination.
The proposed rules update the list of board-recognized accrediting agencies to include prominent accrediting agencies not listed in the current rules.
The proposed rules more explicitly refer to section 448.05 (2) (c) of the Wisconsin Statutes as the Board’s authority to grant waivers from the required 24 months of postgraduate training in programs accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association in cases of hardship and for applicants who demonstrate substantially equivalent education and training.
Current rules indicate the Board administers and determines eligibility for the USMLE Step 3, which does not reflect current practices. In addition, the USMLE Step 2 is administered in 2 parts, which is not reflected in current rules. The proposed rules make revisions to reflect current practices.
The renewal date currently specified in ch. Med 14 does not match the statutory renewal date for a doctor of osteopathy. The proposed rules align the renewal dates for licensees with the dates provided by statute. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Rules of the Illinois Department of Financial and Professional Regulation address medical licensing, renewal, and restoration procedure (68 Ill. Adm. Code 1285.20 to 1285.140). The rules include provisions concerning licensure by examination (68 Ill. Adm. Code 1285.70), licensure by endorsement (68 Ill. Adm. Code 1285.80), and renewals (68 Ill. Adm. Code 1285.80).
Iowa:
Rules of the Iowa Board of Medicine address permanent physician licensure (653 IAC 9.1 to 9.20). The rules include provisions concerning licensure by examination (653 IAC 9.4), licensure by endorsement (653 IAC 9.5), and renewal of a permanent license (653 IAC 9.13).
Michigan:
Rules of the Michigan Department of Licensing and Regulatory Affairs address medical licensure (Mich Admin Code, R 338.2313 to R 338.2319). The rules include provisions concerning licensure by examination (Mich Admin Code, R 338.2316 and R 338.2317) and licensure by endorsement (Mich Admin Code, R 338.2318 and R 338.2319).
Minnesota:
Rules of the Minnesota Board of Medical Practice address licensure to practice medicine and surgery (Minnesota Rules, chapter 5600). The rules include provisions concerning license by examination (Minnesota Rules, Part 5600.0300 to 5600.0500), license by endorsement (Minnesota Rules, Part 5600.0700) and license renewal procedures (Minnesota Rules, Part 5600.0605).
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing applicable statutory provisions in conjunction with current rules and obtaining input and feedback from the Medical Examining Board.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
