STATE OF WISCONSIN
Podiatry Affiliated Credentialing Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
PODIATRY AFFILIATED
CREDENTIALING BOARD
PROPOSED ORDER OF THE
PODIATRY AFFILIATED CREDENTIALING BOARD
ADOPTING RULES
CLEARINGHOUSE RULE
PROPOSED ORDER
An order of the Podiatry Affiliated Credentialing Board
to
create
Pod 2.01 (24)
relating to overtreatment of patients
.
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.
15.085 (5) (b)
and
227.11 (2) (a)
,
Stats.,
the Podiatry Affiliated Board is generally empowered by the legislature to promulgate
rules
that will provide guidance within the profession and interpret the statutes it administers.
Section
448.695 (1) (a)
,
Stats.,
grants express rule-writing authority to the board to promulgate rules that identify acts that constitute unprofessional conduct. This proposed rule seeks to
add
a provision to the unprofessiona
l conduct rule. Therefore, the Podiatry Affiliated Credentialing
Board is generally and spe
cifically empowered to promulgate these proposed rules.
Related statute or rule:
Plain language analysis:
An
issue that is prevalent in the health care system is overtreatment and excessive
diagnostic
testing of patients by health care professionals. Overtreatment and e
xcessive use of diagnostic testing
and surgical procedures result
in increased
costs to pa
t
i
ents as well as exposure to increased risk of infection, diseases, and complications.
The Pod
iatry Affiliated Credentialing B
oard recognized this i
ssue and decided to address it with these proposed rules. The proposed rule seeks to add a provision to the Unprofessional Conduct chapter
Wisconsin Administrative Code Chapter
Pod
2
.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Illinois does not list excessive evaluation or treatment of a patient as
conduct that
would be
considered grounds for disciplinary action under 225 ILCS 100/4.
Iowa:
Iowa does not list excessive evaluation or treatment as conduct that would sub
ject a podiatrist to discipline under 645 IAC 224.2.
Michigan:
Michigan does not list excessive evaluation or treatment as conduct that would subject a podiatrist to discipline under MCLS
§
333.16221
.
Minnesota:
Minnesota does not list excessive evaluation or treatment as conduct that would subject a podiatrist to discipline under Minn. Stat. §
153.19
.
Summary of factual data and analytical methodologies:
The methodologies used in developing the proposed rule
include
d
reviewing statutes and administrative rules in other states and comparing them to the current unprof
essional conduct provisions for
podiatrist
s
in Wisconsin.
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.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate
and Economic Impact Analysis document is
attached.
Effect on small business:
The proposed rule
do
es
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 Rule
s
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
Katie
Paff
, Administrative Rule
s
Coordinator
,
D
epartment 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
the public hearing to be held on
November 6, 2015
to be included in the record of rule-making proceedings.
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TEXT OF RULE
S
ection
1
.
Pod
2.01 (24) is created to read:
Pod 2.01 (24
)
P
erforming
deceptive, misleading, or fraudulent treatment, evaluation, or medical or surgical services.
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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