STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
PROFESSIONAL SERVICES : ADOPTING EMERGENCY RULES
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The statement of scope for this rule, SS 049-22, was approved by the Governor on May 26, 2022, published in Register 798A3 on June 20, 2022, and approved by the Department of Safety and Professional Services on May 10, 2022. This emergency rule was approved by the Governor on May 11, 2023. ORDER
An order of the Department of Safety and Professional Services to create SPS 11, relating to military medical personnel.
Analysis prepared by the Department of Safety and Professional Services.
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EXEMPTION FROM FINDING OF EMERGENCY
2021 Wisconsin Act 158, Section 6. (1) provides that “the department of safety and professional services may promulgate emergency rules under s. 227.24 to implement s. 440.077 (5). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until December 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of safety and professional services is not required to provide evidence that promulgating a rule under this subsection as emergency rules is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.” ------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted: Sections 440.077, Stats. Explanation of agency authority:
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 440.077 (2) (a), Stats., states that the department shall establish a program in collaboration with the department of veterans affairs, medical examining board, and board of nursing “in which military medical personnel may temporarily perform certain skilled health services while supervised in an inpatient health care facility, outpatient health care facility, community−based residential facility, or a residential care apartment complex without having to obtain a license under s. 441.06, 441.10, 448.04, 448.61, or 448.974.”
Section 440.077 (5), Stats., provides that the department may promulgate any rules necessary for the administration of this section. Related statute or rule: None.
Plain language analysis:
The department is creating, in collaboration with the Department of Veteran Affairs, Board of Nursing, and Medical Examining Board, chapter SPS 11 within the SPS suite, that provides for the establishment and administration of the military medical personnel program created in statute by 2021 Wisconsin Act 158. Summary of, and comparison with, existing or proposed federal regulation:
The federal regulations that govern the U.S. armed forces are included under Title 32 of US Code of Federal Regulations.
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:
N/A
Comparison with rules in adjacent states:
Illinois: Neither the Illinois statutes nor the administrative rules for medical practice include requirements for military medical personnel. The Illinois Service Member Employment and Reemployment Rights Acts includes general provisions for employment for all military personnel, but none are specific to medical or healthcare practice [330 Illinois Compiled Statutes ch. 61]. Iowa: The Iowa Administrative Code includes rules relating to medical practice. These requirements also include rules on military service and veteran reciprocity. Military service members can apply to have their service and training counted for credit toward licensure as a medical physician or surgeon, osteopathic physician or surgeon, or licensed acupuncturist. Veterans can apply for provisional licensure to service members who are licensed in another jurisdiction with a credential that is not substantially equivalent to an Iowa license. This provisional license allows for that Veteran to obtain the additional experience or education needed for a regular Iowa license. Iowa also has rules for reciprocal licensure for veterans and their spouses that are licensed in other jurisdictions and that license is substantially equivalent to an Iowa license [653 Iowa Administrative Code ch. 18]. The Iowa statutes and rules for medicine and surgery do not include requirements specifically for military medical personnel supervision and practice. Michigan: The Michigan rules for medicine do not include requirements specifically for military medical personnel supervision and practice.
