EmR2206 Rule Text

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.

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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.

(4)

The board may require an applicant to complete a personal appearance for purposes of an interview, or review of credentials, or both. An applicant’s performance at a personal appearance is satisfactory if the applicant establishes to the board’s satisfaction that the applicant has met requirements for licensure and is minimally competent to practice as a physician assistant.

(5)

Notwithstanding sub. (1) of this section, an individual who, as of April 1, 2022, was licensed by the medical examining board as a physician assistant under subchapter II of chapter 448, 2017 stats., shall be considered to have been licensed as a physician assistant for the purposes of these rules, and, upon the license’s expiration, shall renew in accordance with the provisions of PA 2.04.

(6)

If any of the documents required under this chapter are in a language other than English, the applicant shall also submit a verified English translation and the cost of that translation shall be borne by the applicant.

(7)

An applicant who fails to receive a passing score on the examination required under subsection (1) (d) may reapply by payment of the fee specified in subsection (1) (b). An applicant may reapply twice at not less than 4-month intervals. If an applicant fails the examination 3 times, he or she may not be admitted to an examination unless the applicant submits proof of having completed further professional training or education as the board may prescribe.

PA 2.02 Education Program Approval. The board shall approve only education programs for physician assistants or physician associates that are accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor, or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs. If the applicant does not satisfy this requirement, the applicant may show that, prior to January 1, 1986, the applicant successfully passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.

PA 2.03 Oral Interviews and Personal Appearances. (1) Each applicant shall complete an oral interview or personal appearance before the board, if any of the following circumstances apply:

(f)

Has a medical condition which in any way impairs or limits the applicant’s ability to practice as a physician assistant with reasonable skill and safety.

(g)

Uses chemical substances that impair in any way the applicant’s ability to practice as a physician assistant with reasonable skill and safety.

(h)

Has been disciplined or had certification denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.

(i)

Has been convicted of a crime, the circumstances of which substantially relate to the practice of physician assistants.

(j)

Has not practiced as a physician assistant for a period of 3 years prior to application, unless the applicant has graduated from an approved educational program in the last 3 years under PA 2.02.

(k)

Has been found to have been negligent in the practice as a physician assistant or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of medicine.

(l)

Has been diagnosed with any condition that may create a risk of harm to a patient or the public.

(m)

Has within the last 2 years engaged in the illegal use of controlled substances.

(n)

Has been subject to adverse formal action during the course of physician assistant education, postgraduate training, hospital practice, or other physician assistant employment.

(2)

An application filed under this chapter shall be reviewed by an application review panel, designated by the chairperson of the board, to determine whether an applicant is required to complete an oral interview or a personal appearance or both under sub. (1) of this section. If the application review panel is not able to reach unanimous agreement on whether an applicant is eligible for licensure without completing an oral interview or a personal appearance or both, the application shall be referred to the board for a final determination.

(3)

The board shall notify each applicant requiring an oral interview or appearance of the time and place scheduled for that applicant’s interview or appearance.

(4)

Otherwise qualified applicants with disabilities, as defined by the Americans with Disabilities Act, shall be provided with reasonable accommodations.

PA 2.04 License Renewal. (1) Each licensee shall renew their license biennially. The renewal date and fee are specified by s. 440.08 (2) (a) and s. 440.03 (9) (a), Stats.

(2)   Every even-numbered year, each licensee shall complete a renewal application and return it with the required fee prior to March 1 of that year.

Note: Instructions for renewal applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

PA 2.05 Reinstatement. (1) A licensee who fails for any reason to be licensed as required under this chapter shall not exercise the rights or privileges conferred by any license granted by the board.

(2)

Failure to renew a license as specified in s. 440.08 (2) (a), stats. shall cause the license to lapse. A licensee who allows the license to lapse may apply for reinstatement of the license by the board, subject to 440.08 (4), Stats., as follows:

(a)

If the licensee applies for renewal of the license less than five years after its expiration, the license shall be renewed upon payment of the renewal fee

(b)

If the licensee applies for renewal of the license more than five years after its expiration, the board shall make an inquiry to determine whether the applicant is competent to practice under the license in this state and shall impose any reasonable conditions on the renewal of the license. This paragraph does not apply to licensees who have unmet disciplinary requirements or whose licenses have been surrendered or revoked.

(3)

A licensee who has unmet disciplinary requirements and failed to renew a license within five years of the renewal date or whose license has been surrendered or revoked may apply to have a license reinstated if the applicant provides all of the following:

(c)

Evidence of completion of requirements under PA 2.05 (2) (b) if the licensee has not held an active Wisconsin license in the last five years.