STATE 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 063-18, was approved by the Governor on May 18, 2018, published in Register 749B on May 29, 2018, and approved by the Medical Examining Board on June 8, 2018. This emergency rule was approved by the Governor on October 25, 2018
ORDER
An order of the Medical Examining Board to create ch. Med 25, relating to sports physician licensure exemption. Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Legislature by SECTION 5g of 2017 Wisconsin Act 341 provides an exemption from providing evidence that promulgating this rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and an exemption from a finding of emergency for the promulgation of this rule. -----------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 448.03 (2m) (e), Stats., requires the Medical Examining Board promulgate rules to implement the sports physician licensure exemption under s. 448.03 (2m), Stats. Related statute or rule:
None.
Plain language analysis:
The emergency rules create ch. Med 25 to implement the sports physician licensure exemption under s. 448.03 (2m), Stats., as created by 2017 Wisconsin Act 341. Specifically, s. Med 25.03 (2) provides the requirements for requesting the extension the Board may grant under s. 448.03 (2m) (c) 1. b., Stats. The remainder of the chapter provides physicians and others with clear and concise guidance concerning the exemption’s conditions and limitations. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Illinois statutes provide a licensure exemption for health care professionals licensed to practice in another state or country (20 ILCS 2105/2105-360). The exemption applies if the following conditions are met:
- The health care professional has an oral or written agreement with an athletic team to provide health care services to the athletic team members, coaching staff, and families traveling with the athletic team for a specific sporting event to take place in Illinois.
- The health care professional may not provide care or consultation to any person residing in Illinois other than the athletic team members, coaching staff, and families traveling with the athletic team, unless the care is covered under the Good Samaritan Act.
The exemption from licensure remains in force while the health care professional is traveling with the athletic team, limited to 10 days per individual sporting event. Upon prior written request from the health care professional, the Illinois Department of Financial and Professional Regulation may grant an extension of the exemption for up to 20 days per sporting event.
A health care professional exempt from licensure under these provisions is not authorized to practice at a health care clinic or facility, including an acute care facility.
Iowa:
Rules of the Iowa Board of Medicine provide a licensure exemption for physicians and surgeons from out of state who hold a current, active license in good standing in another United States jurisdiction and who accompany one or more individuals into Iowa for the purpose of providing medical care to the individuals on a short-term basis (653 IAC 9.2 (2) f.).
