Explanation of agency authority:
Section 15.08 (5) (b), Stats., states that each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” 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 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; expressly 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 emergency rule 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 but requires the board to establish certain licensure requirements by rule before licenses can be issued. Through this emergency rule the board is creating the required rules to allow licensure of naturopathic doctors and limited-scope naturopathic doctors prior to the date when licenses become mandatory. Summary of, and comparison with, existing or proposed federal regulation:
N/A.
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 Board of Nursing, the Medical Examining Board, and the Dentistry Examining Board, as well as the Physician Assistant Affiliated Credentialing Board, among other sources. Fiscal Estimate:
The Fiscal Estimate will be attached upon completion.
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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. Agency contact person:
Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; email at DSPSAdminRules@wisconsin.gov 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, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing, held on a date to be determined, to be included in the record of rule-making proceedings. TEXT OF RULE
Section 1. Chapter Nat Med 1 is created to read: Nat Med 1
AUTHORITY, DEFINITIONS, AND LICENSURE REQUIREMENTS
Nat Med 1.01. Authority. The rules in this chapter 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 this chapter:
(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.
(5) “Limited-scope naturopathic doctor” has the meaning given in s. 466.01 (3), Stats. (6) “Naturopathic doctor” has the meaning given in s. 466.01 (5), Stats. (7) “Naturopathic medicine” has the meaning given in s. 466.01 (6), Stats. (8) “NPLEX” means the Naturopathic Physicians Licensing Examination administered by the North American Board of Naturopathic Examiners.
Nat Med 1.03 Licensure requirements for naturopathic doctors. An applicant for licensure as a naturopathic doctor shall submit all of the following requirements:
(1) A complete application for the license on a form provided by the department including any information required by the board to determine an applicant’s minimal competency to practice.
Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov. (3) Subject to ss. 111.321, 111.322 and 111.335, Stats, evidence satisfactory to the board that the applicant does not have an arrest or a conviction record.
(4) Evidence satisfactory to the board that the applicant has complied with at least one of the educational requirements specified in s. 466.04 (1) (d), Stats. (5) Evidence satisfactory to the board that the applicant has satisfied the examination requirements under s. Nat Med 1.06. (6) If required by the board, completion of an oral examination as specified under s. Nat Med 1.07.
