STATE OF WISCONSIN
NATUROPATHIC MEDICINE EXAMINING BOARD
IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : NATUROPATHIC MEDICINE
NATUROPATHIC MEDICINE : EXAMINING BOARD
EXAMINING BOARD : ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 071-23, was approved by the Governor on September 21, 2023, published in Register 813B on September 25, 2023, and approved by the Naturopathic Medicine Examining Board on October 11, 2023. This emergency rule was approved by the Governor on January 4, 2024. ORDER
An order of the Naturopathic Medicine Examining Board to create Nat Med 1 relating to licensure requirements for naturopathic doctors and limited-scope naturopathic doctors.
Analysis prepared by the Department of Safety and Professional Services.
FINDING OF EMERGENCY
The Naturopathic Medicine 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:
2021 Wisconsin Act 130 created the Naturopathic Medicine Examining Board and requires creating administrative rules to establish licensure requirements, discipline, and practice standards for naturopathic doctors and limited-scope naturopathic doctors. The Act also includes a provision that all professionals currently practicing naturopathic medicine be licensed beginning March 1, 2024. Before licenses may be issued, the board needs to establish certain standards for initial licensure of naturopathic doctors and limited-scope naturopathic doctors by rule. An expeditious promulgation of the proposed rule is in the best interest of Wisconsin’s public peace, health, safety, or welfare, as it will help ensure continuity of care for individuals already under the care of naturopathic doctors. ANALYSIS
Statutes interpreted:
Statutory authority:
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.
