CR 18-074

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.

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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 and (a) are repealed.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 is repealed.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   Med 22.04 (1) and (2) are repealed.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:

  Med 22.05 (2) Practice Except as provided under sub. (3) (b), practice during the period of a temporary license shall be under the general supervision of a licensed perfusionist. A person holding a temporary license shall consult at least weekly with the supervising perfusionist who shall at least once a month endorse the activities of the person holding the temporary license.

  (3) (a) A temporary license expires one year from the date of its issuance. Upon application, and upon submission of evidence of having passed the perfusion basic scientific examination, the temporary license may be renewed for an additional period of one year. The board may extend the term of the temporary license for an additional 6 months if the applicant was unable to complete the perfusion basic scientific examination within the one year one-year period due to hardship, including but not limited to illness of the applicant, the illness or death of a family member of the applicant, or an accident or natural disaster. A written affidavit of the hardship must shall be provided.

Section 19.   Med 22.06 (1), (2) (intro.), (a), (d), and (e), (3), and (5) are amended to read:

  (1) An applicant who holds certification in clinical perfusion granted by the American Board of Cardiovascular Perfusion may apply to the board for a temporary locum tenens license.

  (2) (intro.) An applicant for a locum tenens license shall submit to the board all of the following:

  (a) A completed and verified application on a form supplied provided by the board.

  (d) A verified statement by the applicant that the applicant is familiar with the state health laws of this state and the rules of the department of health services as related to communicable diseases.

  (e) The fees required under s. 440.05, Stats., made payable to the Wisconsin department of safety and professional services.

  (3) All applicants shall complete an open book pass the examination on statutes and rules governing the practice of perfusion in Wisconsin under s. Med 22.04 (4).

  (5) A locum tenens license expires 90 days from the date of its issuance. For cause shown to the satisfaction of the board, the board may renew the locum tenens license for additional periods of 90 days each, but no a license may not be renewed more than 3 consecutive times.

Section 20.   Med 22.07 (1) to (5) are amended to read:

  Med 22.07 (1) An applicant who fails the oral or statutes and rules examination may make a request to review that examination by filing a written request and required fee with the board within 30 days of the date on which examination results were mailed received by the applicant.

  (2) Examination reviews are shall be by appointment only.

  (3) An applicant may not review the statutes and rules examination for not more than one hour.

  (4) An applicant may not review the oral examination for not more than 2 hours.

  (5) An applicant shall review an examination in the presence of a board-assigned proctor. The applicant No other person may not be accompanied accompany an applicant during the a review by any person other than the proctor.

Section 21.   Med 22.07 (5m) is created to read:

  Med 22.07 (5m)  (a) An applicant may not use any device capable of recording audio, photographic, or video content, or capable of viewing or playing back such content, during a review. A violation of this subsection shall void the applicant’s application and require the applicant to reapply for licensure.

  (b) A violation of this subsection constitutes knowingly engaging in fraud, misrepresentation, or dishonesty in applying for or procuring a license.

Section 22.   Med 22.07 (6) is renumbered Med 22.07 (6) (intro.) and amended to read:

  Med 22.07 (6) (intro.) At the beginning of the a review, the applicant proctor shall be provided provide the applicant with a copy of the questions, a copy of the applicant's answer sheet or oral examination audiotape and a copy of the master answer sheet. all of the following:

Section 23.   Med 22.07 (6) (a) to (d) are created to read:

  Med 22.07 (6) (a) A copy of the examination questions.

  (b) A copy of or, if the applicant is reviewing an oral examination, audio recording of the applicant’s answers to the examination questions.

  (c) If an applicant is reviewing the statutes and rules examination, a copy of the master answer sheet.

  (d) A form on which the applicant may write comments, questions, or claims of error regarding the examination.

Section 24.   Med 22.07 (7) and (8) are amended to read:

  Med 22.07 (7) The applicant may review the examination in the presence of a proctor. The applicant shall be provided with a form on which to write comments, questions, or claims of error regarding any item in the examination. The An applicant may consult bound reference books materials during the a review. Applicants shall not remove any notes from the area. Notes The form under sub. (6) (d) and any other notes taken by an applicant during a review shall be retained by the proctor and, if requested by the applicant, made available to the applicant for use at a hearing, if requested. The A proctor shall may not defend the examination or attempt to refute claims of error during the a review.

  (8) An applicant may not review the an examination more than once.