EmR1631 Rule Text

Medical Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

MEDICAL EXAMINING BOARD

ORDER OF THE MEDICAL EXAMINING BOARD

ADOPTING EMERGENCY RULES

The statement of scope for this rule, SS 016-16, was approved by the Governor on February 12, 2016, published in Register 722A4 on February 22, 2016, and approved by the Medical Examining Board on March 16, 2016.

This emergency rule was 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.

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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.

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ANALYSIS

Statutes interpreted:

Section 448.13, Stats.

Statutory authority:

Sections 15.08 (5) (b), 227.11 (2) (a), and 448.40 (1), Stats.

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 education 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 programs.

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 (68 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 require 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 [e-mail], or by calling [phone].

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 [phone]; email at [e-mail].