CR 18-074



Sections Med 20.03 and 22.04 are revised to remove requirements for applications submitted prior to January 1, 2004.



Revisions to s. Med 22.04 (3), (4), and (6) are made to, as required under s. 448.05 (6) (a), Stats., specify the passing score for the Perfusion Basic Science Examination, the Clinical Applications in Perfusion Examination, the statutes and rules examination, and the oral examination.



Section Med 22.04 (9) is revised to clarify the requirement to complete further professional training or education before retaking an exam after a third failure does not apply to the Perfusion Basic Science Examination or the Clinical Applications in Perfusion Examination.



Section Med 22.07 (5m) is created to void the application of an applicant who uses a recording device when reviewing an examination, and requires the applicant to reapply for licensure. A provision is created under s. Med 22.04 (5) that will allow the Board to require an applicant who has violated s. Med 22.07 (5m) to complete an oral examination.



Section Med 22.10 (5) is revised to comply with s. 440.03 (4m), Stats., as created by 2017 Wisconsin Act 59. Under this provision, the Board may require a credential holder to submit proof of completing continuing education programs or courses only if a complaint is made against the credential holder.



Other provisions throughout ch. Med 22 have been updated to provide clarity and conform to current standards for drafting style and format.

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 the practice of perfusion in Illinois (68 Ill. Adm. Code 1335.10 to 1335.100). Although underlying statutes authorize the Department to establish rules requiring 30 hours of continuing education per 2-year license renewal cycle (225 ILCS 125/75 – Perfusionist Practice Act), the rules currently do not have such a requirement.

Iowa:

Iowa rules and statutes do not specifically address the practice of perfusion.

Michigan:

Michigan rules and statutes do not specifically address the practice of perfusion.

Minnesota:

Minnesota rules and statutes do not specifically address the practice of perfusion.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of ch. Med 22 for consistency with current standards for drafting style and format and applicable Wisconsin statutes 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 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.

Effect on small business:

These 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:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

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

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 8:00 a.m. on December 19, 2018, to be included in the record of rule-making proceedings.

------------------------------------------------------------------------------------------------------------

TEXT OF RULE

Section 1.   Med 22.01 is amended to read:

  Med 22.01 Authority and purpose. The rules in this chapter are adopted by the medical examining board under the authority of ss. 15.08 (5) (b), and 227.11 (2), Stats., and ss. 448.02, 448.04, 448.05, 448.13, and 448.40, Stats.

Section 2.   Med 22.02 (intro.), (3), and (4) are amended to read:

  Med 22.02 (intro.) Definitions. As used in In this chapter:

  (3) “Perfusion" has the meaning set forth given in s. 448.015 (1m), Stats.

  (4) “Perfusionist" has the meaning set forth given in s. 448.015 (1s), Stats.

Section 3.   Med 22.03 (intro.) and (1) are amended to read:

  Med 22.03 (intro.) Applications and credentials. Every applicant for initial licensure as a perfusionist shall submit all of the following:

  (1) A completed application on a form provided by the board.

Section 4.   Med 22.03 (3) (intro.) and (a) are repealed.

Section 5.   Med 22.03 (3) (b) 1. is renumbered Med 22.03 (3).

Section 6.   Med 22.03 (3) (b) 2. is renumbered Med 22.03 (4) and amended to read:

  Med 22.03 (4) Written verification that Evidence the applicant has passed both the perfusion basic science examination and the clinical application in perfusion examination of the American Board of Cardiovascular Perfusion the examinations required under s. Med 22.04.

Section 7.   Med 22.03 (3) (b) 3. is repealed.

Section 8.   Med 22.03 (Note) is amended to read:

  Med 22.03 (Note) Application forms are available on request to the board office at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 from the department of safety and professional services at [phone] or from the department’s website at www.dsps.wi.gov.

Section 9.   Med 22.04 (1) and (2) are repealed.

Section 10.   Med 22.04 (3), (4), and (5) are amended to read:

  Med 22.04 (3) An applicant for licensure as a perfusionist under s. Med 22.03 (3) (b), shall pass both the perfusion basic science examination Perfusion Basic Science Examination and the clinical application in perfusion examination Clinical Applications in Perfusion Examination of the American Board of Cardiovascular Perfusion. The board adopts the passing scores of the examination provider.

  (4) An applicant for licensure as a perfusionist under s. Med 22.03 (3) (b), shall pass a state board statutes and rules examination conducted by the council as evidenced by documents submitted directly to the council by the department's office of examinations. The passing score for the examination under this subsection is 85 percent.

  (5) (intro.) An applicant who meets the criteria under s. Med 22.03 (3) (b), The council may be required require an applicant to complete an oral examination if the applicant any of the following circumstances apply:

  (a) Has The applicant has a medical condition which impairs or limits the applicant’s ability to practice perfusion with reasonable skill and safety.

  (b) Uses The applicant uses chemical substances so as to impair the applicant’s ability to practice perfusion with reasonable skill and safety.

  (c) Has The applicant has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin this state or another jurisdiction.

  (d) Has The applicant has been convicted of a crime the circumstances of which substantially relate to the practice of perfusion.

  (e) Has not The applicant has practiced perfusion for more than 1,200 hours or less during the 3-year period preceding the date of application.

  (f) Has The applicant has practiced over perfusion for more than 1,200 hours in during the last 3 years 3-year period preceding the date of application, but practice was limited.

  (g) Has The applicant has been found negligent in the practice of perfusion or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of perfusion.

  (h) Has The applicant has been diagnosed as suffering from pedophilia, exhibitionism, or voyeurism.

  (i) Has The applicant has, within the past 2 years, engaged in the illegal use of controlled substances.

  (j) Has The applicant has been subject to adverse formal action during the course of perfusion education, postgraduate training, hospital practice, or other perfusion employment.

Section 11.   Med 22.04 (5) (k) is created to read:

  Med 22.04 (5) (k) The applicant has violated s. Med 22.07 (5m).

Section 12.   Med 22.04 (6), (9), and (10) are amended to read:

  Med 22.04 (6) The council shall conduct oral examinations and interviews. At the request of the council, the board shall provide a medical consultant to the council to provide assistance assist in evaluating applicants examined under s. Med 22.03 (3) sub. (5) (a) and or (b). The passing score for an oral examination is 75 percent.

  (9) An applicant who fails to receive a passing grade on an examination under sub. (4) or (5) may reapply by payment of the fee specified in s. 440.05, Stats. If an applicant fails an the examination under sub. (4) 3 times, the applicant may not retake that the examination unless the applicant submits proof evidence of having completed further professional training or education as the board may prescribe. An applicant for an oral examination may reapply for an oral examination twice at not less than 4 month 4-month intervals.

  (10) If after receipt of additional information from applicants who have been treated for alcohol or drug abuse or impairment or from applicants who have been treated for an acute or chronic psychological impairment the council decides that an oral interview or examination shall be administered, the An oral examination concerning the circumstances described in sub. (5) (a) or (b) shall be limited to a determination whether, at the time of application, the applicant's disability appears to pose an actual risk to the health, safety, or welfare of patient or public arising arises from the applicant's demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of perfusion.

Section 13.   Med 22.05 (1) (intro.), (a), (b), and (c) are amended to read:

  Med 22.05 (1) (intro.) An applicant for licensure who meets the criteria under s. Med 22.03 (3) (b) may apply to the board for a temporary license to practice perfusion prior to licensure if the applicant does submits all of the following:

  (a) Submits a A completed application on a form provided by the board.

  (b) Remits the The fee specified in s. 440.05, Stats.

  (c) Has Evidence the applicant has successfully completed an educational program as defined in under s. Med 22.03 (3) (b) 1.

Section 14.   Med 22.05 (1) (d) is repealed.

Section 15.   Med 22.05 (1) (e) is amended to read:

  Med 22.05 (1) (e) Has Evidence the applicant has passed the state board statutes and rules examination under s. Med 22.04 (4).

Section 16.   Med 22.05 (1) (f) is repealed.

Section 17.   Med 22.05 (1m) is created to read:

  Med 22.05 (1m) The board may not issue a license under this section if any of the following applies:

  (a) The applicant has failed either of the examinations under s. Med 22.04 (3) and has not subsequently passed the examination.

  (b) The applicant is required to complete an oral examination.

Section 18.   Med 22.05 (2) and (3) (a) are amended to read: