CR 14-035 Rule Text

STATE OF WISCONSIN

PODIATRY AFFILIATED CREDENTIALING BOARD

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

PODIATRY AFFILIATED CREDENTIALING BOARD

ORDER OF THE PODIATRY AFFILIATED CREDENTIALING BOARD

ADOPTING RULES (CLEARINGHOUSE RULE 14-035)

ORDER

An order of the Podiatry Affiliated Credentialing Board to amend Pod 3.01 and 3.04, relating to continuing education audits of podiatrists.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

s. 448.665, Stats.

Statutory authority:

s. 227.11 (2) (a) and 448.665, Stats.

Explanation of agency authority:

Pursuant to s. 227.11 (2) (a), Stats., the Podiatry Affiliated Credentialing Board (Board) is generally empowered by the legislature to promulgate rules that will provide guidance within the profession and rules that interpret the statutes it enforces or administers. Section 448.665, Stats., empowers the Board to, “promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter.” The proposed rule seeks to carry out this mandate by promulgating rules setting forth the time period for conducting continuing education audits and by specifying the time period for retaining documentary evidence of continuing education compliance.

Related statute or rule:

None.

Plain language analysis:

This proposed rule is focused on specifying the time period for conducting audits of licensee’s compliance with the continuing education requirement in Wis. Admin. Code § Pod 3 and specifying the time period licensees must maintain evidence of compliance. Currently, the Wis. Admin. Code § Pod 3.04 requires, “any podiatrist to submit evidence to the board of his or her compliance with continuing education requirements during the preceding biennium.” The rule does not state when audits are to take place or how long a licensee must maintain evidence of compliance with the continuing education requirement. This proposed rule identifies when audits of continuing education will take place and how long evidence of compliance with the required continuing education must be maintained.

SECTION 1. Adjusts the two-year period for which an applicant must report at the time of credential renewal.

SECTION 2. Identifies when audits are to take place and how long certificates of completion of continuing education must be kept.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois: Illinois does not set a specific time frame for conducting audits or maintaining certificates of compliance with continuing education. It is the responsibility of each licensee to maintain evidence of compliance with continuing education requirements and provide evidence of such upon request pursuant to a random audit. Ill. Admin. Code tit. 68 §. 1360.70 d) 2).

Iowa: Even though Iowa defines the term “audit” in 645 IAC 225, the code is silent with regards to a specific time period for auditing continuing education compliance and maintaining evidence of compliance.

Michigan: The Department of Licensing and Regulatory Affairs, Bureau of Health Care Services conducts an audit at the conclusion of each renewal period to verify compliance with continuing education requirements. In accordance with Mich. Admin. Code r. 338.3711 (2), licensees are responsible for maintaining evidence of compliance.