EmR2206 Rule Text

Section 15.085 (5) (b) states that “[each affiliated credentialing board] shall promulgate rules for its own guidance and for the guidance of the trader or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.”

Section 448.973 (1) states that: “

(a) The board shall promulgate rules implementing s. 448.9785.

(b) The board shall promulgate rules establishing continuing education requirements for physician assistants.

(c) The board may promulgate other rules to carry out the purposes of this subchapter, including any of the following

1. Rules defining what constitutes unprofessional conduct for physician assistants for purposes of s. 448.978 (2) (d).

2. Rules under s. 448.977 (2).”

2021 WI Act 23, Section 72 (2) (a) states that “Using the procedure under s. 227.24, the physician assistant affiliated credentialing board may promulgate rules under ss. 448.973

(1) and 448.975 (5) (a) as emergency rules under s. 227.24 to allow for licensure, discipline, and practice of physician assistants.”

Related statute or rule: Wisconsin Administrative Code Chapters PA 1 to 4

Plain language analysis:

The objective of the proposed rules is to implement the statutory changes from 2021 Wisconsin Act 23.

Summary of, and comparison with, existing or proposed federal regulation: None.

Comparison with rules in adjacent states:

Illinois: Physician Assistants in Illinois are licensed through the Illinois Department of Financial and Professional Regulation. The Physician Assistant Practice Act of 1987 governs the practice of physician assistants in Illinois and includes statutes on licensure, collaboration, prescribing, continuing education, and grounds for disciplinary action [ 225 Illinois Compiled Statutes 95].

Part 1350 of the Illinois Administrative Code further details rules for physician assistants in the areas of licensure, collaboration, and prescribing. These sections also detail scope and function, employment, approved programs, and unprofessional conduct [Illinois Administrative Code s. 1350].

Iowa: Physician Assistants in Iowa are licensed through the Iowa Department of Public Health and the Board of Physician Assistants. Chapter 148C of the Iowa Code governs the practice of physician assistants in Iowa and includes statutes on licensure and grants administrative rulemaking authority to their Board [Iowa Code ch. 148C].

Chapters 326 through 329 of the Iowa Administrative Code further details rules for physician assistants in the areas of licensure, practice, and discipline [Iowa Administrative Code chs. 326 to 329].

Michigan: Physician Assistants in Michigan are licensed through the Michigan Department of Licensing and Regulatory Affairs. Part 170 of The Public Health Code governs the practice of physician assistants in Michigan. This section of the Michigan Compiled Laws includes requirements for physician assistants on licensure, practice, informed consent, and delegation of care [Michigan Compiled Laws ss. 333.17001 to 333.17084].

Minnesota: Physician Assistants in Minnesota are licensed through the Minnesota Board of Medical Practice. Chapter 147A of the Minnesota Statutes includes requirements for licensure, scope of practice, grounds for disciplinary action, accountability, prescribing drugs, continuing education and responding to disaster situations [Minnesota Statutes ch. 147A].

The Minnesota Board of Medical Practice has administrative rules which also include requirements for physician assistants including licensure and registration, continuing education, emeritus registrations, professional corporation rules, hearings before the board, and fee splitting [Minnesota Administrative Rules chs. 5600, 5605, 5606, 5610,

5615, and 5620].

Summary of factual data and analytical methodologies:

The Board reviewed the statutory changes from 2021 Wisconsin Act 23 and promulgated rules as needed for the profession. While promulgating these rules, the Board referenced Wisconsin Administrative Code ss. Med 8 and Med 10.03, among other sources.

Fiscal Estimate: The fiscal estimate will be attached upon completion.

Effect on small business:

These proposed 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:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8306; telephone [phone]; email at [e-mail].

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

Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before the public hearing, held on a date to be determined, to be included in the record of rule-making proceedings.

(See PDF for image)

TEXT OF RULE

SECTION 1 CHAPTERS PA 1 to 4 are created to read:

CHAPTER PA 1 AUTHORITY AND DEFINITIONS

PA 1.01 Authority. The rules in chapters PA 1 to 4 are adopted by the Physician Assistant Affiliated Credentialing Board pursuant to the authority delegated by ss. 15.085 (5) (b) and 448.973 (1), stats.

PA 1.02 Definitions. As used in chapters PA 1 to 4:

(1)

“Alternate Collaborator” means a physician or physician assistant who is designated temporary duties of collaboration by the collaborating physician when the collaborating physician is temporarily unavailable.

(2)

“Board” means the Physician Assistant Affiliated Credentialing Board.

(3)

“DEA” means the United States Drug Enforcement Administration.

(4)

“Department” means the Department of Safety and Professional Services

(5)

“Educational Program” means a program for educating and preparing physician assistants which is approved by the board.

(6)

“Physician” has the meaning given in s. 448.01 (5), stats.

(7)

“Physician Assistant” means a person licensed under s. 448.974, stats.

(8)

“Physician Associate” is analogous to and has the same meaning as “physician assistant”.

(9)

“Podiatry” or “Podiatric Medicine and Surgery” has the meaning given in s. 448.60 (4), stats.

(10)

“Podiatrist” has the meaning given in s. 448.60 (3), stats.

CHAPTER PA 2

LICENSE TO PRACTICE AS A PHYSICIAN ASSISTANT

PA 2.01 Initial Licensure. Except as provided under sub. (3), the board shall grant an initial license to practice as a physician assistant to any applicant who has been found qualified by three-fourths of the members of the Board and satisfies all of the following requirements, as determined by the board:

(1)

The applicant shall submit all of the following:

(a)

A completed application form.

Note: Application forms are available from the department of safety and professional services’ website at http://dsps.wi.gov.

(b)

The fee determined by the Department under s. 448.07 (2), stats.

(c)

Verified evidence of graduation from an educational program approved under PA 2.02.

(d)

Evidence of having successfully passed the National Commission on Certification of Physician Assistants (NCCPA) Certification Examination or an equivalent national examination approved by the board.

(e)

A listing of all employers, practice settings, internships, residencies, fellowships, and other employment for the past 7 years.

(2)

Subject to ss. 111.321, 111.322, and 111.335, stats., the applicant does not have an arrest or conviction record.

(3)

Subsection (1) (c) of this section does not apply to an applicant who provides evidence that the applicant is a licensed physician assistant or physician associate in another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States and the board determines that the requirements for obtaining the license in that state or territory are substantially equivalent to the requirements under sub. (1) (c) of this section.