CR 19-066 Rule Text

Iowa: Although Iowa does credential and regulate nurse midwives, unlike Wisconsin, Iowa does not credential licensed midwives.

Michigan: Michigan has recently passed legislation, which was signed by the Governor, to create a Board of Midwifery to promulgate rules regulating licensed midwives.

However, the Board has not yet produced administrative rules regulating this profession.

Minnesota: Minnesota does offer a credential for “traditional midwives,” which is similar to licensed midwives under Wisconsin law. There are no similarities or differences between the states that are relevant for the purposes of this rule project, however.

Summary of factual data and analytical methodologies:

The proposed rule project amends chs. SPS 180 to 183 to correct statutory references and otherwise bring the rules into conformity with current drafting standards.

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 [e-mail], or by calling [phone].

Agency contact person:

Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8935, Madison, Wisconsin 53705; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Jon Derenne, Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way,

P.O. Box 8935, Madison, WI 53705, or by email to [e-mail]. Comments shall be received at or before the hearing scheduled for 11:00 AM on June 7, 2019 to be included in the record of rule-making proceedings.

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TEXT OF RULE

SECTION 1. SPS 180.01 is amended to read:

SPS 180.01 The rules in chs. SPS 180 to 183 are adopted under the authority of ss.

227.11 (2) and 440.08 (3), Stats., and subch. XII XIII of ch. 440, Stats.

SECTION 2. SPS 180.02 (intro.), (1m), (3m), (4), (8), and (11) are amended to read:

SPS 180.02 As used in chs. SPS 180 to 183 and in subch. XII XIII of ch. 440, Stats.:

(1m) “Automated external defibrillator" means a defibrillator device to which all of the following apply:

(a) It is approved for commercial distribution by the federal food and drug administration.

(b) It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.

(c) After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual. has the meaning given in s. 440.01 (1) (ad), Stats.

(3m) “Defibrillation” means administering an electrical impulse to an individual's heart in order to stop ventricular fibrillation or rapid ventricular tachycardia has the meaning given in s. 440.01 (1) (ag), Stats.

(8) “Licensed midwife" means a person who has been granted a license under subch. XII XIII of ch. 440, Stats., to engage in the practice of midwifery.

(11) “Ventricular fibrillation" means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart has the meaning given in s. 440.01 (1) (i), Stats.

SECTION 3. SPS 180.02 (6) is repealed.

SECTION 4. SPS 181.01 (1) (a) and (c), (2) (a), 4 (a) 2. b. and f. are amended to read:

SPS 181.01

(1) (a) The fee specified in s. 440.05 (1), Stats. s. 440.03 (9), Stats.

(1)

(c) That the applicant, subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record. An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the department with

all information requested relating to his or her the applicant’s pending criminal charge, conviction or other offense, as appropriate. The department may not grant a midwife license to a person convicted of an offense under s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.06, 948.07,

948.075, 948.08, 948.09, 948.095, 948.10, 948.11 or 948.12, Stats.

(2)

(a) Except for temporary permits granted under sub. (4), the renewal date for licenses granted under subch. XII XIII of ch. 440, Stats., is July 1 of each even-numbered year.

(4) (a) 2. b. The applicant has received a written commitment from a licensed midwife to directly supervise his or her the applicant’s practice of midwifery during the duration of the temporary permit.

(4) (a) 2. f. The applicant, subject to ss. 111.321, 111.322 and 111.335, Stats., does not have an arrest or conviction record. An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the department with all information requested relating to his or her the applicant’s pending criminal charge, conviction or other offense, as appropriate. The department may not grant a temporary permit to a person convicted of an offense under s. 940.22, 940.225, 944.06, 944.15, 944.17, 944.30, 944.31, 944.32, 944.33, 944.34, 948.02, 948.025, 948.06, 948.07, 948.075, 948.08, 948.09, 948.095, 948.10, 948.11 or 948.12, Stats.

SECTION 5. SPS 182.02 (1) (intro.), (e), and (1m) are amended to read:

SPS 182.02 (1) DISCLOSURE OF INFORMATION TO CLIENT. A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under subch. XII XIII of ch. 440, Stats., and disclose to the client orally and in writing on a form provided by the department all of the following:

(1) (e) The number of babies delivered and the number of clients transferred to a hospital since the time the licensed midwife commenced his or her practice of midwifery.

(1m) DISCLOSURE OF INFORMATION BY TEMPORARY PERMIT HOLDER. A temporary permit

holder shall inform a client orally and in writing that the temporary permit holder may not engage in the practice of midwifery unless he or she the temporary permit holder practices under the direct supervision of a licensed midwife.

SECTION 6. SPS 183.01 (1) (intro), (g), (v), and (2), (3), and (4) are amended to read:

SPS 183.01 (1) Subject to the rules promulgated under s. 440.03 (1), Stats., the department may reprimand a licensed midwife or deny, limit, suspend, or revoke a license or temporary permit granted under subch. XII XIII of ch. 440, Stats., if the department finds that the applicant, temporary permit holder, or licensed midwife has engaged in misconduct. Misconduct comprises any practice or behavior that violates the minimum standards of the profession necessary for the protection of the health, safety, or welfare of a client or the public. Misconduct includes, but is not limited to, the following:

(1) (g) Practicing or attempting to practice while the midwife is impaired as a result of any condition that impairs the midwife's ability to appropriately carry out his or her professional functions in a manner consistent with the safety of clients or the public.

(1)

(v) Allowing another person to use a license granted under subch. XII XIII of ch. 440, Stats.

(2)

Subject to the rules promulgated under s. 440.03 (1), Stats., the department shall revoke a license granted under subch. XII XIII of ch. 440, Stats., if the licensed midwife is convicted of any of the offenses specified in s. 440.982 (2), Stats.

(3)

Subject to s. 440.982, Stats., no person may engage in the practice of midwifery unless he or she the person has been granted a license or a temporary permit to practice midwifery under subch. XII XIII of ch. 440, Stats., or granted a license to practice as a nurse-midwife under s. 441.15, Stats.