The federal government does not regulate licensed midwives.
Comparison with rules in adjacent states:
Illinois: Although Illinois does credential and regulate nurse midwives, unlike Wisconsin, Illinois does not credential licensed midwives.
Iowa: Although Iowa does credential and regulate nurse midwives, unlike Wisconsin, Iowa does not credential licensed midwives.
Michigan: Michigan has recently passed legislation, which was signed by the Governor, to create a Board of Midwifery to promulgate rules regulating licensed midwives.
However, the Board has not yet produced administrative rules regulating this profession.
Minnesota: Minnesota does offer a credential for “traditional midwives,” which is similar to licensed midwives under Wisconsin law. There are no similarities or differences between the states that are relevant for the purposes of this rule project, however.
Summary of factual data and analytical methodologies:
The rule project amends chs. SPS 180 to 183 to correct statutory references and otherwise bring the rules into conformity with current drafting standards. 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 is attached.
Effect on small business:
These rules do not have an economic impact on small businesses, as defined in
Agency contact person:
Jon Derenne, Administratives Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53705; (608) 266-0955, email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SECTION 1. SPS 180.01 is amended to read:
SPS 180.01 The rules in chs. SPS 180 to 183 are adopted under the authority of ss. SECTION 2. SPS 180.02 (intro.) is amended to read:
SECTION 3. SPS 180.02 (1m) (intro.) is renumbered SPS 180.02 (1m) and amended to read:
(1m) “Automated external defibrillator" has the meaning given in s. 440.01 (1) (ad), Stats. SECTION 4. SPS 180.02 (1m) (a) to (c) are repealed.
SECTION 5. SPS 180.02 (3m) is amended to read:
(3m) “Defibrillation” means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia has the meaning given in s. 440.01 (1) (ag), Stats. SECTION 6. SPS 180.02 (6) is repealed.
SECTION 7. SPS 180.02 (8) and (11) are amended to read:
(8) “Licensed midwife" means a person who has been granted a license under subch. XII XIII of ch. 440, Stats., to engage in the practice of midwifery. (11) “Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart has the meaning given in s. 440.01 (1) (i), Stats. SECTION 8. SPS 181.01 (1) (a) and (c), (2) (a), 4 (a) 2. b. and f. are amended to read:
SPS 181.01
(c) That the applicant, subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record. An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the department with all information requested relating to his or her the applicant’s pending criminal charge, conviction or other offense, as applicable. The department may not grant a midwife license to a person convicted of an offense under s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.06, 948.07, (a) Except for temporary permits granted under sub. (4), the renewal date for licenses granted under subch. XII XIII of ch. 440, Stats., is July 1 of each even-numbered year. (4) (a) 2. b. The applicant has received a written commitment from a licensed midwife to directly supervise his or her the applicant’s practice of midwifery during the duration of the temporary permit.
(4) (a) 2. f. The applicant, subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record. An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the department with all information requested relating to his or her the applicant’s pending criminal charge, conviction or other offense, as applicable. The department may not grant a temporary permit to a person convicted of an offense under s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11 or 948.12, Stats. SECTION 5. SPS 182.02 (1) (intro.), (e), and (1m) are amended to read:
SPS 182.02 (1) DISCLOSURE OF INFORMATION TO CLIENT. A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under subch. XII XIII of ch. 440, Stats., and disclose to the client orally and in writing on a form provided by the department all of the following: (1) (e) The number of babies delivered and the number of clients transferred to a hospital since the time the licensed midwife commenced his or her practice of midwifery.
