CR 23-074 Rule Text

Section 227.11 (2) (a), Stats., states that “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute…”

Section 227.21 (2), Stats., states that “an agency may, with the consent of the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.”

Section 466.03 (1), Stats., states that the Naturopathic Medicine Examining Board shall establish administrative rules to determine a code of ethics governing professional conduct, standards of practice, continuing education requirements, and examination standards.

Section 466.03 (2), Stats., states that the Naturopathic Medicine Examining Board may establish administrative rules to further interpret s. 466.01 (6) (a) and (c) to identify diagnostic, therapeutic, or other practices or procedures that may be used by naturopathic doctors; prohibit diagnostic, therapeutic, or other practices; establish character and fitness requirements for initial licensure or renewal of a license and evidence required to demonstrate satisfaction of such requirements; establish physical and mental competency requirements for initial licensure or renewal of a license and evidence required to demonstrate satisfaction of such requirements; establish evidence of professional competency requirements for initial licensure or renewal of a license including evidence relating to an applicant’s licensure status in other states; establish additional clinical, practical, or residency requirements for initial licensure; and adopt minimum malpractice insurance requirements for naturopathic doctors and limited-scope naturopathic doctors.

Related statute or rule:

None.

Plain language analysis:

The objective of the proposed rules is to implement the statutory changes from 2021 Wisconsin Act 130, which created the Naturopathic Medicine Examining Board. The act allows for the licensure, discipline, and practice of naturopathic doctors and limited-scope naturopathic doctors. The board is creating all Administrative Code chapters necessary to establish provisions for the practice, licensing, and conduct of naturopathic doctors and limited-scope naturopathic doctors.

Summary of, and comparison with, existing or proposed federal regulation:

N/A.

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:

The Naturopathic Medicine Examining Board held a preliminary hearing on the statement of scope for this rule at its February 17, 2023 meeting. The following comment from Dr. Sara Norris, Legislative Chair of the Wisconsin Naturopathic Doctors Association, was received:

“The Wisconsin Naturopathic Doctors Association (WNDA) is a non-profit, membership organization advocating for naturopathic medicine in Wisconsin. WNDA fully supports the timely creation and adoption of rules governing the practice of naturopathic medicine and the licensure of naturopathic doctors (NDs) in Wisconsin.

The passage of 2021 Act 130 created the Naturopathic Medical Examining Board (NMEB) to provide oversight of NDs, uphold the ethical standards of naturopathic medical practice, determine penalties for non-compliance, and ensure NDs are physically, mentally, and professionally competent. The licensing of NDs in Wisconsin will increase public safety, increase access to qualified providers, and give the public greater choice in their own health care.

The role of the NMEB is identical to other professional boards of other licensed professions and WNDA urges the use of existing professional boards in the health care field (such as the Pharmacy Examining Board) as a model for the NMEB.

WNDA asks that the promulgated rules preserve the ability for the NMEB to interpret the practices identified under the bill, that are included and excluded from the practices and procedures, that may be used by an ND without expanding the scope of practice of an ND or a limited license ND.

We thank you for your stewardship of this process and ask that you include the expertise and input of the WNDA members as you establish these rules.”

Comparison with rules in adjacent states:

Illinois:

Naturopathic doctors are not currently licensed in the state of Illinois. Bills have been introduced in the state legislature to create laws that will allow the licensure of naturopathic doctors.

Iowa:

Iowa does not currently license naturopathic doctors. The state is currently working on advocacy initiatives to start bill projects that will allow for the licensure of naturopathic doctors.

Michigan:

Michigan does not currently license naturopathic doctors. The state is currently working on advocacy initiatives to start bill projects that will allow for the licensure of naturopathic doctors.

Minnesota:

Minnesota naturopathic doctors are regulated under the Minnesota Board of Medical Practice Registered Naturopathic Doctor Advisory Council. The Minnesota Statutes establish definitions, scope of practice, professional conduct, registration and continuing education requirements, renewal, and discipline for the practice of naturopathic medicine. [MN Stats. ch. 147E]

Summary of factual data and analytical methodologies:

The Board reviewed the statutory changes from 2021 Wisconsin Act 130 and promulgated rules as needed for the profession. While promulgating these rules, the Board referenced chapters from the Medical, Dentistry, and Nursing Examining Boards, as well as the Physician Assistant Affiliated Credentialing Board, among other sources. Standards incorporated by reference in the proposed rule have been submitted to the Attorney General for approval pursuant to s. 227.21 (2), Stats.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.

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

Agency contact person:

Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; email at [e-mail].

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

Comments may be submitted to Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366, or by email to [e-mail]. Comments must be received on or before the public hearing, held on February 16, 2024, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. Nat Med 1 to 6 are created to read:

Nat Med 1

Authority and definitions

Nat Med 1.01 Authority. The rules in chs. Nat Med 1 to 6 are adopted by the naturopathic medicine examining board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2), and 466.03, Stats.

Nat Med 1.02 Definitions. As used in chs. Nat Med 1 to 6:

(1) “Board” means the naturopathic medicine examining board.

(2) “Department” means the department of safety and professional services.

(3) “Jurisprudence exam” means the board approved examination on the state law related to the practice of naturopathic medicine.

(4) “Licensee” means a person licensed to practice as a naturopathic doctor or limited-scope naturopathic doctor in this state.