STATE OF WISCONSIN
PHYSICIAN ASSISTANT AFFILIATED CREDENTIALING BOARD
IN THE MATTER OF RULEMAKING : ORDER OF THE PROCEEDINGS BEFORE THE : PHYSICIAN ASSISTANT AFFILIATED PHYSICIAN ASSISTANT AFFILIATED : CREDENTIALING BOARD CREDENTIALING BOARD : ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 110-21, was approved by the Governor on December 10, 2021, published in Register 792A3 on December 20, 2021, and approved by the Physician Assistant Affiliated Credentialing Board on January 3, 2022. This emergency rule was approved by the Governor on March 8, 2022. ORDER
An order of the Physician Assistant Affiliated Credentialing Board to create PA 1 to 4 relating to Physician Assistants.
Analysis prepared by the Department of Safety and Professional Services.
EXEMPTION FROM FINDING OF EMERGENCY
The Legislature by 2021 Wisconsin Act 23 Section 72 (2) provides an exemption from a finding of emergency for the adoption of the rule. ANALYSIS
Explanation of agency authority:
Section 15.085 (5) (b) states that “[each affiliated credentialing board] shall promulgate rules for its own guidance and for the guidance of the trader 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 448.973 (1) states that: “ (a) The board shall promulgate rules implementing s. 448.9785. (b) The board shall promulgate rules establishing continuing education requirements for physician assistants.
(c) The board may promulgate other rules to carry out the purposes of this subchapter, including any of the following
1. Rules defining what constitutes unprofessional conduct for physician assistants for purposes of s. 448.978 (2) (d). 2. Rules under s. 448.977 (2).” 2021 WI Act 23, Section 72 (2) (a) states that “Using the procedure under s. 227.24, the physician assistant affiliated credentialing board may promulgate rules under ss. 448.973 (1) and 448.975 (5) (a) as emergency rules under s. 227.24 to allow for licensure, discipline, and practice of physician assistants.” Related statute or rule: Wisconsin Administrative Code Chapters PA 1 to 4
Plain language analysis:
The objective of the proposed rules is to implement the statutory changes from 2021 Wisconsin Act 23. Summary of, and comparison with, existing or proposed federal regulation: None.
Comparison with rules in adjacent states:
Illinois: Physician Assistants in Illinois are licensed through the Illinois Department of Financial and Professional Regulation. The Physician Assistant Practice Act of 1987 governs the practice of physician assistants in Illinois and includes statutes on licensure, collaboration, prescribing, continuing education, and grounds for disciplinary action [ 225 Illinois Compiled Statutes 95].
Part 1350 of the Illinois Administrative Code further details rules for physician assistants in the areas of licensure, collaboration, and prescribing. These sections also detail scope and function, employment, approved programs, and unprofessional conduct [Illinois Administrative Code s. 1350].
Iowa: Physician Assistants in Iowa are licensed through the Iowa Department of Public Health and the Board of Physician Assistants. Chapter 148C of the Iowa Code governs the practice of physician assistants in Iowa and includes statutes on licensure and grants administrative rulemaking authority to their Board [Iowa Code ch. 148C]. Chapters 326 through 329 of the Iowa Administrative Code further details rules for physician assistants in the areas of licensure, practice, and discipline [Iowa Administrative Code chs. 326 to 329].
