STATE OF WISCONSIN
Medical Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
MEDICAL EXAMINING BOARD
PROPOSED ORDER OF THE MEDICAL EXAMINING BOARD
(CLEARINGHOUSE RULE )
An order of the Medical Examining Board to create ch. Med 25, relating to sports physician licensure exemption.
Analysis prepared by the Department of Safety and Professional Services.
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 448.03 (2m) (e), Stats., requires the Medical Examining Board promulgate rules to implement the sports physician licensure exemption under s. 448.03 (2m), Stats.
Related statute or rule:
Plain language analysis:
The proposed rules create ch. Med 25 to implement the sports physician licensure exemption under s. 448.03 (2m), Stats., as created by 2017 Wisconsin Act 341. Specifically, s. Med 25.03 (2) provides the requirements for requesting the extension the Board may grant under s. 448.03 (2m) (c) 1. b., Stats. The remainder of the chapter provides physicians and others with clear and concise guidance concerning the exemption’s conditions and limitations.
Summary of, and comparison with, existing or proposed federal regulation:
Comparison with rules in adjacent states:
Illinois statutes provide a licensure exemption for health care professionals licensed to practice in another state or country (20 ILCS 2105/2105-360). The exemption applies if the following conditions are met:
- The health care professional has an oral or written agreement with an athletic team to provide health care services to the athletic team members, coaching staff, and families traveling with the athletic team for a specific sporting event to take place in Illinois.
- The health care professional may not provide care or consultation to any person residing in Illinois other than the athletic team members, coaching staff, and families traveling with the athletic team, unless the care is covered under the Good Samaritan Act.
The exemption from licensure remains in force while the health care professional is traveling with the athletic team, limited to 10 days per individual sporting event. Upon prior written request from the health care professional, the Illinois Department of Financial and Professional Regulation may grant an extension of the exemption for up to 20 days per sporting event.
A health care professional exempt from licensure under these provisions is not authorized to practice at a health care clinic or facility, including an acute care facility.
Rules of the Iowa Board of Medicine provide a licensure exemption for physicians and surgeons from out of state who hold a current, active license in good standing in another United States jurisdiction and who accompany one or more individuals into Iowa for the purpose of providing medical care to the individuals on a short-term basis (653 IAC 9.2 (2) f.).
Michigan statutes provide a licensure exemption for individuals authorized to practice a health profession in another state or territory of the United States who are appointed by the United States Olympic Committee to provide health services exclusively to team personnel and athletes at a training site or event [MCL 333.16171 (i)]. The exemption applies to the individual while performing the duties assigned in the course of the sanctioned training program or event and for the time period specified by the United States Olympic Committee.
An exemption is also provided for individuals currently authorized to practice a health profession in another state and providing health services for an athletic team [MCL 333.16171 (j)]. The exemption is subject to the following conditions:
- The individual may provide only those health services permitted if the individual were licensed to practice in Michigan.
- The athletic team must be from the same state that authorized the individual to practice the health profession.
- The individual must provide health services under the terms of a written agreement with the athletic team.
- The individual may only provide health services while the athletic team is traveling to or from or participating in a sporting event in Michigan.
- Health services may only be provided to a member of the athletic team; a member of the athletic team's coaching, communications, equipment, or sports medicine staff; a member of a band or cheerleading squad that is accompanying the athletic team; or the athletic team's mascot.
- The individual may not provide health services at a health care facility or agency located in Michigan.