E
STATE OF WISCONSIN
Medical Examining Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
MEDICAL EXAMINING BOARD
ORDER OF THE
M
EDICAL EXAMINING BOARD
ADOPTING EMERGENCY RULES
The stateme
nt of scope for this rule, SS
016-16
, was ap
proved by the Governor on February 12, 2016
, published in
Registe
r 722A4
on
February 22, 2016
,
and approved by the Medical Examining Board
on
March 16, 2016
.
This emergency rule
w
as approved by the Governor on
November 3, 2016
ORDER
An order of the Medical Examining Board to
amend Med 13.02 (1) and to
create Med 13.02 (1g) and (1r) and 13.03 (3), relating to continuing medical education for prescribing opioids.
Analysis prepared by the Department of Safety and Professional Services.
-----------------------------------------------------------------------------------------------------------
FINDING OF EMERGENCY
The
Medical Examining
Board
finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
This rule will establish continuing education requirements for physicians relating to the
opioid prescribing guidelines issued by the Board
. These requirements will be another component to the current statewide initiatives addressing prescription drug abuse, and are in the best interest of public health and safety.
As normal rule-making procedures will not allow these requirements to be established until
mid-
2017, an expeditious promulgation of this rule is needed to ensure public health and safety.
-----------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section
15.08 (5) (b)
,
Stats.,
provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”
Section
227.11 (2) (a)
, Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.”
Section
448.40 (1)
, Stats., provides that the Medical Examining Board “may promulgate rules to carry out the purposes of this subchapter, including rules requiring the completion of continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs for renewal of a license to practice medicine and surgery.”
Related statute or rule:
None.
Plain language analysis:
The
rules establish requirements for the completion of continuing ed
ucation relating to the opioid prescribing guidelines issued by the Board
as a portion of the biennial training requirements for physicians
,
and
for
Board approval of educational courses and program
s
.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
Rules of the Illinois Department of Financial and Professional Regulation establish continuing medical education requirements for physicians licensed in Illinois (6
8 Ill. Adm. Code 1285.110
). The rules do not require continuing education for prescribing opioids.
Iowa
:
Rules of the Iowa Board of Medicine establish continuing education requirements for physicians licensed in Iowa (653 IAC 11). The rules do not require continuing education for prescribing opioids.
Michigan
:
Rules of the Michigan Department of Licensing and Regulatory Affairs establish continuing medical education requirements for physicians licensed in Michigan (
Mich
Admin Code, R 338.2371 to R 338.2382). The rules do not require continuing education for prescribing opioids.
Minnesota:
Rules of the Minnesota Board of Medical Practice establish continuing education requirements for physicians licensed in Minnesota (Minnesota Rules, chapter 5605). The rules do not require continuing education for prescribing opioids.
Summary of factual data and analytical methodologies:
The
rules were developed by obtaining input and feedback from the Medical Examining Board.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
These rules do not require additional hours of continuing medical education. The purpose of the rules is to
req
uire a portion
of
the
continuing medical education
hours currently required relate
to the opioid prescribing guidelines issued by the Medical Examining Board. The cost of attending the 2 hours of continuing medical education for 2 renewal periods as required by the rules is anticipated to be comparable to that of other courses and programs currently available to physicians.
Fiscal estimate:
These rules will not have a fiscal impact.
Effect on small business
:
These 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
Jeffrey.Weigand@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Dale Kleven, 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
Dale2.Kleven@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Dale Kleven, 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
,
or by email to
DSPSAdminRules
@wisconsin.gov
.
Comments must be submitted by the date and time at which the public hearing on these rules is conducted. Information as to the place, date
,
and time of the public hearing will be published on the Department of Safety and Professional Services’ website and in the Wisconsin Administrative Register.
TEXT OF RULE
Section 1
.
Med 13.02 (1) is amended to read:
Med 13.02 Continuing medical education required; waiver.
(1)
Each physician required to complete the biennial training requirements provided under s.
448.13
, Stats., shall, in each second year at the time of making application for a certificate of registration as required under s.
448.07
, Stats., sign a statement on the application for registration certifying that the physician has completed at least 30 hours of acceptable continuing medical educational programs within the
2 calendar years immediately preceding the calendar year for which application for registration is made
biennial registration period
.
Section
2
.
Med 13.02 (1g) and (1r) are
created to read:
Med 13.02
(1g)
(a)
Except as provided in par. (b),
for a
renewal date
occurring in
2017
or
2018,
a minimum of 2 of the
30 hours of
continuing medical education
required under sub. (1)
shall
be
an educational course or program
related to
the guidelines issued by the board under s.
440.035 (2m)
, Stats.
, that is
approved under s.
Med 13.03 (3)
at the time of the physician’s attendance
.
(b
)
T
his subsection do
es
not apply to a physician who
,
at the time of making application for a certificate of registration,
does not hold a
U.S. Drug Enforcement Administration number to prescribe controlled substances
.
(1r)
(a
)
Except
as provided in par. (b),
for
a
renewal date
occurring in
201
9
or
2020
,
a minimum of 2 of the
30 hours of
continuing medical education
required under sub. (1)
shall
be
an educational course or program
related to the guidelines issued by the board under s.
440.035 (2m)
, Stats.
, that is
approved under s.
Med 13.03 (3)
at the time of the physician’s attendance
.
(b
)
T
his subsection do
es
not apply to a physician who
,
at the time of making application for a certificate of registration
,
does not hold a
U.S. Drug Enforcement Administration number to prescribe controlled substances
.
Section
3
.
Med 13.03 (3) is created to read:
Med 13.03 (3
)
(a)
Only
educational courses and programs approved by the board may be used to satisfy the requirement under s.
Med 13.02 (
1g) (a)
and
(1r) (a)
. T
o apply for approval of a continuing education course
or program, a
provider shall submit to the board
an application on forms provided by the department
. The application shall include all of the following concerning
the course
or program
:
1.
The title.
2.
A general description and a detailed outline of the content.
3.
The dates and locations.
4.
The name and qualifications of the instructor.
5.
The sponsor.
Note:
An application for continuing education course
or program
approval may be
obtained from the board
at the Department of Safety and Professional Services, Office of Education and Examinations, P.O. Box 8366, Madison, Wisconsin, 53708, or from the department’s w
ebsite at
http://dsps.wi.gov
.
(b)
A continuing education course
or program
must meet all of the fo
llowing criteria to be approved
:
1.
The course or program is accepted by the board under sub. (1) (
b
).
2.
The subject matter of the course pertains to the guidelines issued by the board under s.
440.035 (2m)
, Stats.
3.
The provider
agrees to monitor the attendance and furnish a certificate of attendance to each participant. The certificate of attendance shall certify successful completion of the course
or program
.
4.
The provider
is approved by the board.
5.
The course
or program
content and instructional methodolog
ies are approved by the board.
(c)
A
separate application shall be submitted for each continuing education course
or program approval request.
(d)
A
course
or program
sponsor may repeat a previously approved course
or program
without application, if the subject matter and instructor has not changed.
Section
4
. Effective date
.
The rules adopted in this order shall take effect upon publication in the official state newspaper, pursuant to s.
227.22 (2) (c)
, Stats.
(END OF TEXT OF RULE)
