CR 23-038 Rule Text

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 [e-mail]. Comments must be received on or before the public hearing to be held on August 21, 2023, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. Chapter SPS 11 is created to read:

Chapter SPS 11

MILITARY MEDICAL PERSONNEL PROGRAM

SPS 11.01 Authorization. The following rules are adopted by the department of safety and professional services pursuant to ss. 227.11 (2) and 440.077 (2) (a), Stats.

SPS 11.02 Definitions. In this chapter:

(1) “Basic patient care” has the meaning given in s. Med 26.02 (4).

(2) “Licensed supervising practitioner” has the meaning given in s. Med 26.02 (7)

(3) “Military medical personnel program participant” has the meaning given in s. Med 26.02 (9).

SPS 11.03 Program.

(1) Eligibility. A military medical personnel program participant may temporarily perform certain basic patient care under the supervision of a licensed supervising practitioner and as stated under s. Med 26.03, and shall submit to the department all of the following:

(a) A verified statement with an estimated timeline to obtain licensure from the Medical Examining Board, the Podiatry Affiliated Credentialing Board, the Physician Assistant Affiliated Credentialing Board, or the Board of Nursing, as specified in s. 440.077 (3) (a), Stats.

(b) An attestation that a signed Memorandum of Understanding as outlined in s. Med 26.04 has been filed with their employer. This document shall be made available to the department upon request and to any licensed supervising practitioner prior to program participant initiating basic patient care.

(c) Proof of military service and general or honorable discharge status no later than 12 months prior to the date the person signed the memorandum of understanding specified in s. Med 26.04 (1).

(2) Timeline to obtain licensure. Each military medical personnel program participant shall submit a reasonable timeline to obtain licensure in the state considering the requirements to obtain the license and any other relevant factors.

SPS 11.04 Expiration. Each military medical personnel program participant shall become ineligible for this program beginning on the day after the participant agreed to obtain licensure in Wisconsin under SPS 11.03 (1) (a). Each participant may be granted a one-time extension upon request to the Medical Examining Board as stated in s. 440.077 (3) (d), Stats and outlined in s. Med 26.05.

SPS 11.05 Reporting and complaints. (1) Pursuant ch. Med 26, the medical examining board may receive and investigate complaints against military medical personnel program participants, and may suspend or terminate a military medical personnel program participant’s authority to perform basic patient care.

(2) Failure to comply with the terms of this section and ch. Med 26, may result in disciplinary proceedings against the licensed supervising practitioner who delegated basic patient care to the military medical personnel program participant.

Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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