ESTATE OF WISCONSIN
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:
Statutory authority:
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.
