We thank you for your stewardship of this process and ask that you include the expertise and input of the WNDA members as you establish these rules.”
Comparison with rules in adjacent states:
Illinois:
Naturopathic doctors are not currently licensed in the state of Illinois. Bills have been introduced in the state legislature to create laws that will allow the licensure of naturopathic doctors.
Iowa:
Iowa does not currently license naturopathic doctors. The state is currently working on advocacy initiatives to start bill projects that will allow for the licensure of naturopathic doctors.
Michigan:
Michigan does not currently license naturopathic doctors. The state is currently working on advocacy initiatives to start bill projects that will allow for the licensure of naturopathic doctors.
Minnesota:
Minnesota naturopathic doctors are regulated under the Minnesota Board of Medical Practice Registered Naturopathic Doctor Advisory Council. The Minnesota Statutes establish definitions, scope of practice, professional conduct, registration and continuing education requirements, renewal, and discipline for the practice of naturopathic medicine. [MN Stats. ch. 147E] Summary of factual data and analytical methodologies:
The Board reviewed the statutory changes from 2021 Wisconsin Act 130 and promulgated rules as needed for the profession. While promulgating these rules, the Board referenced chapters from the Medical, Dentistry, and Nursing Examining Boards, as well as the Physician Assistant Affiliated Credentialing Board, among other sources. Standards incorporated by reference in the proposed rule have been submitted to the Attorney General for approval pursuant to s. 227.21 (2), Stats. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was 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 are 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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. Agency contact person:
Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing, held on February 16, 2024, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Nat Med 1 to 6 are created to read:
Nat Med 1
Authority and definitions
Nat Med 1.01 Authority. The rules in chs. Nat Med 1 to 6 are adopted by the naturopathic medicine examining board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2), and 466.03, Stats. Nat Med 1.02 Definitions. As used in chs. Nat Med 1 to 6: (1) “Board” means the naturopathic medicine examining board.
(2) “Department” means the department of safety and professional services.
(3) “Jurisprudence exam” means the board approved examination on the state law related to the practice of naturopathic medicine.
(4) “Licensee” means a person licensed to practice as a naturopathic doctor or limited-scope naturopathic doctor in this state.
(5) “Limited-scope naturopathic doctor” means a person licensed under s. 466.04 (2), Stats. (6) “Modes of treatment” means treatment, including diagnostic procedures, generally considered to be within the scope of current and acceptable standards of care.
(7) “NABNE” means the North American Board of Naturopathic Examiners.
(8) “Naturopathic doctor” means a person licensed under s. 466.04 (1), Stats. (9) “Naturopathic medicine” has the meaning given in s. 466.01 (6), Stats. (10) “Naturopathic physical medicine” has the meaning given in s. 466.01 (7), Stats. (11) “NPLEX” means the Naturopathic Physicians Licensing Examination administered by the North American Board of Naturopathic Examiners.
Nat Med 2
Scope of Practice
Nat Med 2.01 Informed consent. (1) Any naturopathic doctor who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable naturopathic doctor standard is the standard for informing a patient. The reasonable naturopathic doctor standard requires disclosure only of information that a reasonable naturopathic doctor in the same or a similar medical specialty would know and disclose under the circumstances.
(2) Under this section, a naturopathic doctor’s duty to inform the patient does not require disclosure of any of the following:
(a) Detailed technical information that in all probability a patient would not understand.
(b) Risks apparent or known to the patient.
(c) Extremely remote possibilities that might falsely or detrimentally alarm the patient.
(d) Information in cases where the patient is incapable of consenting.
(e) Information about alternate modes of treatment for any condition the naturopathic doctor has not included in the diagnosis at the time the naturopathic doctor informs the patient.
(f) In an emergency, a naturopathic doctor is not required to communicate alternate modes of treatment to a patient if failure to provide immediate treatment would be more harmful to a patient than immediate treatment.
(g) A naturopathic doctor may not be held responsible for failure to inform a patient of a possible complication or benefit not generally known to reasonably well−qualified naturopathic doctors in a similar medical classification.
(3) When informed consent is refused or withdrawn, no retaliation may be threatened or carried out.
(4) A patient may withdraw informed consent at any time.
Nat Med 2.02 Recordkeeping. (1) A naturopathic doctor shall maintain complete and accurate patient health care records on every patient for a period of not less than 5 years after the date of the last entry, or for a longer period as may be otherwise required by law.
(2) A patient health care record prepared by a naturopathic doctor shall contain, at a minimum, the following clinical health care information:
(a) Pertinent patient history.
(b) Pertinent objective findings related to examination and test results.
(c) Assessment or diagnosis.
