The board conducted an extensive review of its rules with its legal counsel after identifying the need to clarify portions of the rule. Continuing education providers were consulted. Most of the discussion centered on the conversion of credits for Class I and Class II Activities. The rule was revised as deemed necessary.
Analysis and supporting documents used to determine effect on small business
The effect on small business is no different from the original rule.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling 608-266-8608.
Fiscal Estimate
Summary
The department estimates that this rule will require staff time in the Division of Professional Credentialing and Office of Legal Counsel. The one-time salary and fringe costs in the Division of Professional Credentialing and Office of Legal Counsel are estimated at $1,200.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Text of Proposed Rule
SECTION 1. PT 2.04 is repealed.
SECTION 2. PT 3.01 (5) is amended to read:
PT 3.01 (5) The duration of a temporary license to practice physical therapy under supervision granted under this section shall be for a period of 3 months or until the holder receives failing examination results, whichever is shorter, unless the board grants an extension of the temporary license. A temporary license may be renewed for a period of 3 months, and may be renewed a second time for a period of 3 months for reasons of hardship. Practice under a temporary license may not exceed 9 months total duration.
SECTION 3. PT 9.02 (1) is repealed and recreated to read:
PT 9.02 (1) “Contact hour" means not less than 50 minutes a licensee spends in actual attendance at or completion of acceptable continuing education.
SECTION 4. PT 9.02 (3) is repealed.
SECTION 5. PT 9.03 (1) and (2) are amended to read:
PT 9.03 Continuing education requirements. (1) Unless granted a postponement or waiver under sub. (8), every physical therapist shall complete at least 30 hours of board-approved continuing education in each biennial registration period, as specified in s.
448.55 (3), Stats.
Four of the required 30 hours shall be in the area of ethics and jurisprudence.
(2) Unless granted a postponement or waiver under sub. (8), every physical therapist assistant shall complete at least 20 hours of board-approved continuing education in each biennial registration period, as specified in s.
448.55 (3), Stats.
Four of the required 20 hours shall be in the area of ethics and jurisprudence.
SECTION 6. PT 9.04 (2) (intro.) is renumbered PT 9.04 (2) and is amended to read:
PT 9.04 (2) Both class I and class II The continuing education activities described in tables PT 9.04 – 1 and PT 9.04 – 2 table PT 9.04 qualify for continuing education hours, except as follows:.
SECTION 7. PT 9.04 (2) (a) to (c) are repealed.
SECTION 8. Table PT 9.04 – 1 and Table PT 9.04 – 2 are repealed.
SECTION 9. Table PT 9.04 is created to read:
Table PT 9.04
ACTIVITY
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CONTACT HOUR LIMITS
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(a) Successful completion of relevant academic coursework.
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No limit. [10 contact hours = one semester credit; 6.6 contact hours = quarter credit]
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(b) Attendance at seminars, workshops, lectures, symposia, and professional conferences which are sponsored or approved by acceptable health-related or other organizations including, but not limited to, the American Physical Therapy Association or the Wisconsin Physical Therapy Association.
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No limit.
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(c) Successful completion of a self-study course or courses offered via electronic or other means which are sponsored or approved by acceptable health-related or other organizations including, but not limited to, the American Physical Therapy Association or the Wisconsin Physical Therapy Association.
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No limit.
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(d) Earning a clinical specialization from the American Board of Physical Therapy Specialties or other recognized clinical specialization certifying organizations.
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Up to 12 contact hours for initial certification or for recertification.
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(e) Authorship of a book about physical therapy or a related professional area.
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Up to 12 contact hours for each book.
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(f) Authorship of one or more chapters of a book about physical therapy or a related professional area.
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Up to 6 contact hours for each chapter.
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(g) Authorship of a presented scientific poster, scientific platform presentation, or published article.
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Up to 6 contact hours for each poster, platform presentation or refereed article.
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(h) Presenting seminars, continuing education courses, workshops, lectures or symposia which have been approved by recognized health-related organizations including, but not limited to, the American Physical Therapy Association or the Wisconsin Physical Therapy Association.
Note: No additional hours are given for subsequent presentations of the same content. Substantive course revisions may be counted but are limited to the extent of the revision.
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No limit.
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(i) Teaching in an academic course in physical therapy as a guest lecturer.
Note: No additional hours are given for subsequent presentations of the same content. Substantive course revisions may be counted but are limited to the extent of the revision.
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No limit. [10 contact hours = one semester credit; 6.6 contact hours = one quarter credit]
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(j) Teaching in an academic course in physical therapy.
Note: No additional hours are given for subsequent presentations of the same content. Substantive course revisions may be counted but are not limited to the extent of the revision.
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No limit. [10 contact hours = one semester credit; 6.6. contact hours = one quarter credit]
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(k) Successful completion in a clinical residency program credentialed by the American Physical Therapy Association or other recognized credentialing organization.
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No limit.
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(l) Attending employer provided continuing education, including video and non-interactive on-line courses.
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Up to 15 contact hours for physical therapists. Up to 10 contact hours for physical therapist assistants.
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(m) Authoring an article in a non-refereed publication.
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Up to 5 contact hours.
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(n) Developing alternative media materials, including computer software, programs, and video instructional material.
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1 contact hour per product. Up to 5 contact hours.
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(o) Serving as a clinical instructor for internships with an accredited physical therapist or physical therapist assistant educational program.
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Up to 15 contact hours for physical therapists. Up to 10 contact hours for physical therapist assistants.
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(p) Serving as a supervisor for students fulfilling clinical observation requirements.
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1 contact hour per contact hour with students, up to 5 contact hours.
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(q) Participating in a physical therapy study group of 2 or more physical therapist or physical therapist assistants or in an interdisciplinary study group of members of at least 2 disciplines meeting on a topic relevant to the participants' work.
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Up to 2 contact hours per study group.
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(r) Participating as a resident or as a mentor in a formal nonacademic mentorship.
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1 contact hour per each 8 contact hours for both the resident and mentor, up to 5 contact hours.
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(s) Attending a scientific poster session, lecture panel, or a symposium.
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Up to 2 contact hours.
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(t) Serving as a delegate to the American Physical Therapy Association House of Delegates, on a professional committee, board, or task force.
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Up to 5 contact hours.
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Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.88 (1m) (b) and
227.11 (2) (a), Stats., and interpreting s.
115.88 (1m) (b), Stats., the Department of Public Instruction will hold a public hearing to consider emergency and proposed permanent rules, revising Chapter
PI 30, relating to state special education aid for certain pupil services personnel.
Hearing Information
July 14, 2008 Madison
3:00 - 4:30 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Stephanie Petska, Director, Special Education at (608) 266-1781 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Proposed Rule
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than July 17, 2008, will be given the same consideration as testimony presented at the hearing.
Agency Contact Person
Analysis Prepared by the Dept. of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
115.88 (1m) (b), Stats., directs the department to promulgate rules establishing the percentage of the salaries of licensed school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that are eligible for state aid reimbursement.
The proposed rules specify these determinations.
Related statute or rule
Plain language analysis
Currently, the salaries and benefits of school nurses, social workers, psychologists, and counselors who work with special education are among the costs eligible for reimbursement through special education aid. Districts have been required to report full-time equivalency for the identified positions to determine reimbursement.
2007 Wisconsin Act 221 gives the department the authority to determine the percentage of work time that each of the personnel categories spends providing services to children with disabilities and promulgate rules establishing the percentage of the salaries that these personnel categories may be certified as costs eligible for reimbursement. As required by the Act, the department has established the average percentage of work time that each category spends providing services to children with disabilities by reviewing past data collected from eligible entities. In doing so, the department has determined that the percentage of the salaries that may be certified as costs eligible for reimbursement are as follows:
School nurses; 29 percent.
School social workers; 59 percent.
School psychologists; 84 percent.
School counselors; 10 percent.
If funds are insufficient, the reimbursement shall be prorated.
The rules specify these salary reimbursement percentages for pupil services personnel and should reduce the workload involved by eligible entities by no longer requiring detailed full-time equivalency information to be reported for reimbursement.
The rule first applies to state aid distributed in the 2008-09 school year. Emergency rules were promulgated by the department effective May 30, 2008, in order to establish instructions this spring as to how school districts are to account for these pupil services staff on special education claim forms.
Comparison with federal regulations
None
Comparison with rules in adjacent states
Illinois, Iowa, Michigan and Minnesota do not have administrative rules relating to the payment of salaries of licensed school nurses, social workers, psychologists, and counselors.
Summary of factual data and analytical methodologies
In the 2005-07 biennial budget, DPI requested and the Legislature and Governor approved adding licensed school nurses and licensed school guidance counselors as eligible categories for cost reimbursement under special education categorical aid. At that time it had come to DPI's attention that several school districts had hired a school psychologist rather than a school counselor simply because the psychologist was eligible for partial reimbursement by special education categorical aid whereas the counselor was not. Further, students with disabilities were receiving services from school nurses, contributing to the high cost of special education, but such services were not reimbursable with categorical aid. Adding the school nurses and school guidance counselors was proposed to help ensure special education categorical aid was not being abused.
Prior to 1999, the state statute regarding special education categorical aid provided that school psychologists' and school social workers' eligible costs would be reimbursed at 51%, and special education teachers and other staff at 63%. This difference reflected the fact that teachers were spending their entire FTE instructing students with disabilities. Pupil services staff were generally serving all students, including students with disabilities. In 1999, the Governor removed the percentages because the state had not reimbursed at these rates since 1985. Since the percentages were removed, DPI staff considered whether to: (1) use the same rate of reimbursement for all positions, (2) require districts to report FTE for the identified positions to determine reimbursement, or (3) determine a standardized reimbursement rate for each profession. The second alternative, requiring districts to report FTE, was selected. Since that time, however, districts' reports of eligible special education costs have been quite varied. In fact, there is significant concern that some districts are submitting inaccurate claims. Due to this concern, DPI staff and some school districts are far from satisfied regarding the current practices of reporting eligible costs.
Under
2007 Wisconsin Act 221, DPI would establish an “eligible costs" rate that is standard for each profession (the third alternative that was considered in 1999) (x% of nurses' salary and fringe are eligible, y% of counselors' salary and fringe are eligible, z% of social workers' salary and fringe are eligible, etc.) instead of having districts report actual FTE for each professional. Reviews of the Fall Staffing Report and Special Education Aid claims indicate that the rates vary significantly among professions. For some professions, rates may vary significantly within professions. DPI would, therefore, use average percentage of work times.
The Wisconsin Council of Administrators of Special Services (WCASS), and the other members of the School Administrators Alliance (SAA) supported the Act via 2007 Assembly Bill 906. Those include WASDA, AWSA and WASBO.
Under the new law and proposed rule, implementing this reimbursement will become easier for school districts and other eligible entities. Eligible entities will simply report the number of eligible pupil services personnel to receive reimbursement (based on the percentage determined by the department by rule) rather than report the full-time equivalency of each eligible pupil services personnel position.
Note: Current claims are prorated at 28%, and without a substantial increase in the special education categorical aid appropriation, such prorating will continue.
Analysis and supporting documents used to determine effect on small business
N/A
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Fiscal Estimate
Summary
Currently, the salaries of school nurses, school social workers, school psychologists, and school counselors employed for a special education program are among the costs that are eligible to be reimbursed by the state through special education aid. If the amount appropriated for such aid is insufficient to fully reimburse the costs, the amount paid is prorated.
This rule specifies the average percentage of work time that each of the personnel categories specified above spends providing services to children with disabilities, and provides that the percentage of the salaries of personnel in that category is the cost eligible for reimbursement from the state.
State fiscal effect
There will be no overall fiscal effect for the department. The rules will not change the amount of special education categorical aid. It could simply change the distribution of the aid to school districts.
