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 14-033)
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ORDER
An order of the Medical Examining Board to amend Med 13.06 relating to continuing education audits.
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, (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. The Board administers s.
448.13
,
Stats.,
which sets forth the Board’s authority to conduct random audits of continuing education compliance. The proposed rule seeks to require the performance of audits every two years in accordance with s.
448.13 (1m)
, Stats. Therefore, the Board is both generally and specifically empowered to promulgate the proposed rule.
Related statute or rule:
None.
Plain language analysis:
The Medical Examining Board reviewed its administrative rules and determined that there was no mechanism to require regular audits of licensees’ compliance with the continuing education requirement specified s.
Med 13.02 (1)
. The Board sought to rectify the matter by requiring a random audit of licensees’ continuing education compliance
every two years. Auditing licensees’ compliance with the continuing education requirement will act as a deterrent to non-compliance and ensure licensees are maintaining their skills in keeping with the highest standards within the profession.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
: Licensees in Illinois have a 36 month renewal cycle in which they must complete 150 hours of continuing medical education. Applicants are required to certify on their renewal application that they have complied with the continuing education requirement. It is the responsibility of each renewal applicant to retain or otherwise produce additional evidence of compliance in case of a random audit.
Ill.
A
dmin.
Code
tit
. 68 §1285.110 d).
Iowa
: Licensees are required to maintain documentation evidencing completion of continuing education for five years after the date of continuing education and training. Conducting an audit is not compulsory but if an audit is conducted the licensee must respond within 30 days of a request made by the board.
Iowa Admin. Code
r. 653-11.4 (7).
Michigan
: Licensees must complete 150 hours of continuing education in 3 years. Licensees certify at the time of renewal that they have completed the required continuing education and must retain evidence of his or her compliance for a period of 4 years from the date of application.
Mich. Admin. Code
r. 388.2381.
Minnesota:
Minnesota has a 3 year cycle
in which to complete 75 hours of continuing education. Licensees provide a signed statement to the board indicating compliance. Licensees that fail to comply are subject to discipline. Minn. R. 5605.0100.
Summary of factual data and analytical methodologies:
The Board reviewed its current
administrative
rules and
observed that the rules did not require a standardized audit of licensees’ compliance with continuing education requirement. The proposed rule seeks to address this concern. No other factual data or analytical methodologies were used. The Board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business
:
The 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
:
Katie
Paff
,
Administrative Rules Coordinator
,
Department of Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, Wisconsin 53708; telephone
(608) 261-4472
; email at
Kathleen.Paff@wiscons
in.gov
.
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TEXT OF RULE
Section
1
.
MED 13.06 is amended to read:
Med 13.06
The
board shall conduct a random audit
of licensees
on a biennial basis for compliance with
the
c
ontinuing education requirement stated in s.
Med 13.02 (1)
.
The board
may
require any physician to submit evidence of compliance
with the continuing education requirement
to the board during the biennium for which 30 hours of credit are required for registration to audit compliance.
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)
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