CR 20-053 Rule Text

STATE OF WISCONSIN

MEDICAL EXAMINING BOARD

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   MEDICAL EXAMINING BOARD

MEDICAL EXAMINING BOARD     :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 20-053)

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ORDER

An order of the Medical Examining Board to amend Med 13.05 (1) (intro.) and (2), relating to continuing medical education for physicians.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted: Section 448.13, Stats.

Statutory authority: Sections 15.08 (5) (b) and 448.40 (1), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”

Section 448.40 (1), Stats., provides the Medical Examining Board “may promulgate rules to carry out the purposes of this subchapter, including rules requiring the completion of continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs for renewal of a license to practice medicine and surgery.”

Related statute or rule:

Chapter Med 14 provides the requirements for biennial registration, which include the completion of continuing medical education.

Plain language analysis:

The proposed rule makes updates to clarify that a physician’s use of electronic continuing medical education tracking and reporting is permitted.

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 establish continuing medical education requirements for physicians licensed in Illinois (68 Ill. Adm. Code 1285.110). The rules do not explicitly authorize or prohibit a physician’s use of electronic continuing medical education tracking and reporting.

Iowa:

Rules of the Iowa Board of Medicine establish continuing education requirements for physicians licensed in Iowa (653 IAC 11). The rules do not explicitly authorize or prohibit a physician’s use of electronic continuing education tracking and reporting.

Michigan:

Rules of the Michigan Department of Licensing and Regulatory Affairs establish continuing medical education requirements for physicians licensed in Michigan (Mich Admin Code, R 338.2441 to R 338.2443). The rules do not explicitly authorize or prohibit a physician’s use of electronic continuing medical education tracking and reporting.

Minnesota:

Rules of the Minnesota Board of Medical Practice establish continuing education requirements for physicians licensed in Minnesota (Minnesota Rules, chapter 5605). The rules do not explicitly authorize or prohibit a physician’s use of electronic continuing education tracking and reporting.

Summary of factual data and analytical methodologies:

The proposed rules were developed by 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 proposed 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 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 53708-8366; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1.   Med 13.05 (1) (intro.) and (2) are amended to read:

Med 13.05 (1) (intro.) Physicians. The board will accept as evidence of compliance by physicians with the requirements of this chapter, as original electronic or hard copy documents or verified copies thereof, any or all or any combination of the following:

(2) Retention requirement. Evidence of compliance shall be retained in electronic or hard copy format by each physician through the biennium for which 30 hours of credit are required for registration.

Section 2. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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(END OF TEXT OF RULE)