STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY DEPARTMENT OF SAFETY AND : AND PROFESSIONAL SERVICES PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-066)
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ORDER
An order of the Department of Safety and Professional Services to repeal SPS 180.02 (6); and to amend SPS 180.01, 180.02 (intro), (1m), (3m), (8) and (11), 181.01 (1) (a) and (c),
(2) (a), 4 (a) 2. b. and f., 182.02 (1) (intro) and (e), and (1m), 183.01 (1) (intro), (g), and (v), and (2), (3), and (4) relating to licensure, standards of practice, and grounds for discipline of midwives.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Subchapter XIII of ch. 440, Stats. Statutory authority: Explanation of agency authority:
Section 440.984, Stats. provides: “The department shall promulgate rules necessary to administer this subchapter.” Related statutes or rules: None.
Plain language analysis: This rule project amends chs. SPS 180 to 183 relating to licensure, standards of practice, and grounds for discipline of midwives to bring the rules into conformity with current drafting standards. This includes removing an unnecessary definition, revising several definitions to instead refer to identical definitions found in subch. I of ch. 440, Stats., amending internal references to subch. XII of ch. 440, Stats. to instead reference the correct subchapter (XIII), removing the phrase “but not limited to,” and replacing the use of “his or her” and “he or she” throughout. Summary of, and comparison with, existing or proposed federal regulation:
The federal government does not regulate licensed midwives.
Comparison with rules in adjacent states:
Illinois: Although Illinois does credential and regulate nurse midwives, unlike Wisconsin, Illinois does not credential licensed midwives.
Iowa: Although Iowa does credential and regulate nurse midwives, unlike Wisconsin, Iowa does not credential licensed midwives.
Michigan: Michigan has recently passed legislation, which was signed by the Governor, to create a Board of Midwifery to promulgate rules regulating licensed midwives.
However, the Board has not yet produced administrative rules regulating this profession.
Minnesota: Minnesota does offer a credential for “traditional midwives,” which is similar to licensed midwives under Wisconsin law. There are no similarities or differences between the states that are relevant for the purposes of this rule project, however.
Summary of factual data and analytical methodologies:
The rule project amends chs. SPS 180 to 183 to correct statutory references and otherwise bring the rules into conformity with current drafting standards. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These rules do not have an economic impact on small businesses, as defined in
