STATE OF WISCONSIN
MEDICAL EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : MEDICAL EXAMINING BOARD
MEDICAL EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE )
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PROPOSED ORDER
_Hlk25151298An order of the Medical Examining Board to create Med 1.02 (7) and amend Med 1.06 (4) (a) and (b), 1.08 (Note), and 1.10 (3) (Note), relating to Licensure Requirements. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Section 15.08 (5) (b), Stats. states that “The Board shall 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 448.40 (1), Stats., provides that “[t]he 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 objective of the proposed rules is to update the initial licensure requirements for physicians by adding specific requirements for what is to be submitted as proof of previous medical employment and updating the oral examination to be scored either pass or fail.
Summary of, and comparison with, existing or proposed federal regulation: None.
Comparison with rules in adjacent states:
Illinois: The Illinois Department of Financial and Professional Regulation is responsible for the licensure and regulation of the practice of medicine in Illinois, with input from the Illinois State Medical Board. The Illinois Department is also responsible for the promulgation of rules to implement certain sections of the Illinois Medical Practice Act of 1987. This Act contains requirements for applications, licensure, and discipline for physicians. As outlined in Section 9, each applicant for a license needs to submit evidence that they are professionally capable of practicing medicine with reasonable skill and safety, among other requirements. Professional capacity may be determined through additional testing or training and the Illinois Medical Board may consider medical research , specialized training, publication in medical journals, and other professional activities when making a determination on professional capacity [225 Illinois Compiled Statutes ch. 60 s. 9]. Additionally, the Illinois Administrative Code outlines requirements for determining professional capacity for those applicants who have graduated more than two years prior to submitting an application. Those requirements include that the Illinois Board may consider experience in human clinical research, specialized clinical training or education, and publication of original clinical medical work in a medical or scientific journal, among other activities [Illinois Administrative Code Title 68 Chapter VII Part 1285 Section 1285.95]. Iowa: The Iowa Board of Medicine is responsible for the licensure and regulation of medicine and surgery in Iowa. Chapter 148 of the Iowa Code includes statutory requirements for licensure, composition and powers of the Iowa Board, and discipline for physicians. An applicant for an Iowa license to practice medicine and surgery needs to submit evidence of a diploma issued by a medical college, of having passed an examination required by the Iowa Board, and of successful completion of one year of post graduate resident training in an Iowa board approved hospital [Iowa Code ch. 148 s. 148.3]. The Iowa Administrative Code includes further requirements for medical licensure including verification of an applicant’s professional experience for the past five years if requested by the Iowa Board [Iowa Administrative Code 653 Ch. 9 s. 953.9.4]. Michigan: The Michigan Board of Medicine is responsible for the licensure and regulation of medical practice in Michigan. Act 368 Article 15 Part 170 of the Michigan Compiled Laws includes the regulations for medicine in Michigan, among several other occupations. Some of the requirements in this part include those for licensure, informed consent, and duties of the Michigan Board [Michigan Compiled Laws ss. 333.17001-333.17097]. Together with the Michigan Department of Licensing and Regulatory Affairs, the Michigan Board also promulgates rules regarding certain aspects of medical practice. According to those rules, an applicant for medical licensure in Michigan who is a United States or Canadian medical school graduate needs to submit proof of completion of a degree from a medical school that satisfies the standards under Michigan statutes, proof of passing scores for all steps of the USMLE, and proof of at least 1 year of postgraduate clinical training that satisfies the requirements under Michigan statutes. An applicant with a medical degree from outside of the United States or Canada must submit proof of certification from ECFMG that the applicant’s medical school is included in the World Directory of Medical Schools [Michigan Administrative Rules R 338.2421-338.2437]. Minnesota: The Minnesota Board of Medical Practice is responsible for the licensure and regulation of medicine in Minnesota. Part 5600 of the Minnesota Administrative Code includes requirements for licensure, continuing education, and hearings before the Minnesota Board. According to those rules and requirements, an applicant for licensure needs to submit an original or certified copy of their diploma from the medical school the graduated from or if the applicant is enrolled in their final year at an approved medical school, a transcript of their credits and evidence that the applicant has completed the course of study in medicine prior to the final year. Applicants must also submit a “certificate of good moral character” signed by two licensed physicians and an unmounted recent photograph. [Minnesota Administrative Rules part 5600 section 5600.0200]. Chapter 147 of the Minnesota Statutes, or the Minnesota Medical Practice Act, also includes requirements for licensure. According to this chapter, in addition to the items described above, applicants must also have passed a comprehensive examination for initial licensure, such as the all three steps of the USMLE or COMLEX-USA. Applicants must also submit evidence of completion of one year of graduate clinical medical training [Minnesota Statutes chapter 147 section 147.02]. Summary of factual data and analytical methodologies:
The Medical Examining Board reviewed Wisconsin Administrative Code Chapter Med 1 and made changes based on feedback from Department staff on the licensure process and to be consistent with a recent rule project based on 2023 Wisconsin Act 214 that creates a provisional license for international physicians. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for 14 days on the Department of Safety and Professional Services website to solicit economic impact comments, including how the proposed rules may affect businesses, local municipalities, and private citizens. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
Agency contact person:
Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; email at DSPSAdminRules@wisconsin.gov.
Place where comments are to be submitted and deadline for submission:
