STATE OF WISCONSIN
MEDICAL EXAMINING BOARD
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IN THE MATTER OF RULEMAKING
:
PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE
:
MEDICAL EXAMINING BOARD
MEDICAL EXAMINING BOARD
:
ADOPTING RULES
:
(CLEARINGHOUSE RULE
)
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P
ROPOSED ORDER
An order of the
Medical Examining Board
to
repeal
s.
Med 1.04
,
relating to entrance to exams.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant
to ss.
15.08 (5) (b)
and
227.11 (2) (a)
, Stats., the Medical Examining Board is generally empowered by the legislature to promulgate rules that will provide guidance within the profession
and interpret the statutes it ad
ministers.
2013 Wisconsin Act 114
created s.
440.071 (1)
Stats, which provides that neither the Department nor a credentialing board may require a person to complete any postsecondary education
or training
before the person is eligible to take an examination for a credential.
T
his legislative change
prompted the
Medical Examining Board
to exercise its rule-making authority
to draft the proposed rule
which seeks to bring current administrative code into comp
liance with the new legislation
.
Related statute or rule:
None.
Plain language analysis:
This proposed rule addresses
a
c
hange in policy
instituted by
2013 Wiscons
in
Act 114
.
The new legislation requir
es
the Department of Safety and Professional Services and its attached boards refrain from requiring applicants complete their
post
secondary education before
being eligible to take an examination for licensure
.
This change prompted a review of Wis. Admin. Code ch.
Med 1
.
The pertinent section affected is s.
Med 1.04
,
which requires
applicants to
submit a
completed application including all required
documents
to
the board
no
less than three weeks prior to the date
of
an administration
of the United States Medica
l Licensing Examination (USMLE).
The required
documents
which must be
submitted
include
s
evidence o
f graduation from medical school; thereby
requiring
,
that
applicants graduate medical school before submitting a completed application.
However
,
Act 114 states that no such requirement may be imposed on applicants seeking licensure.
The
proposed rule repeals s.
Med 1.04
in order
to bring current rules into conformity with Act 114.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
Illinois requires
submission of
an official transcript and diploma or an official transcript and certification of graduation from the medical education program granting the
degree as a requirement for licensure. 68 Ill
. Admin. Code tit.68 §
1285.70 a) 5)
.
Iowa
:
Iowa requires evidence of a diploma issued by a medical college or college of osteopathic medicine and surgery approved by the board.
Iowa Code
§148.3.
However, this requirement is not a prerequisite for taking an examination for a credential.
Michigan
:
For licensure by examination
,
Michigan requires applicants to establish that he or she is a graduate of a medical school
approved
by the board. Mich. Admin. Code r. 338.2317 (2). However, Michigan
does not require applicants to complete any postsecondary
education as
a prerequisite to taking an examination for a credential
.
Minnesota:
Minnesota
does not require applicants to complete any postsecondary education as a prerequisite to taking an examination for a credential.
Summary of factual data and analytical methodologies:
No
factual data or analytical methodologies were used in drafting the proposed rule due to the proposed rule being prompted by recent legislation.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
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
Eric.Esser
@wisconsi
n.gov
, or by calling (608) 267-2435.
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
Eric.Esser@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Kathleen Paff
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-4472
; email at
Kathleen.Paff
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Kathleen Paff
, Administrative Rule Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, WI 53708-8935, or by email to
Kathleen.Paff
@wisco
ns
in.gov
.
Comments must be received on or before
April 15
, 2015
to be included in the record of rule-making proceedings.
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TEXT OF RULE
SECTION 1.
Med 1.04 is repealed.
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 R
egister, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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