Rule-Making Notices
Notice of Hearing
Chiropractic Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
446.02 (3g) (b) and
(3r), Stats.,
2007 Wisconsin Act 104, the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to create Chir 1.02 (1m), 2.02 (6) (c), 3.02 (1) (e), 3.03 (1) (i), 5.01 (1) (h), and 5.02 (1m) and (7), relating to continuing education and requirements for proficiency in the use of automated external defibrillators.
Hearing Information
Date: November 20, 2008
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
2007 Wisconsin Act 104 created a requirement that chiropractors have proficiency in the use of automated external defibrillators. The Act requires the board to promulgate rules to implement the new requirement.
Related statute or rule
There are no other related statutes or rules other than those listed above.
Plain language analysis
2007 Wisconsin Act 104 created a requirement that chiropractors have current proficiency in the use of an automated external defibrillator (AED) to obtain a license to practice chiropractic in Wisconsin. A chiropractor will have to have current proficiency in the use of an AED to obtain an initial license, a renewal license, the reinstatement of a license, and a license by an applicant who is licensed in another jurisdiction.
The rule defines “current proficiency in the use of an automated external defibrillator" as having successfully completed instruction in the use of an AED by an individual, organization or institution of higher education that is approved by the Department of Health Services within the 24 months immediately prior to application.
This rule allows chiropractors to count one credit earned in an AED course toward the 40 credits of continuing education required in each biennium. It also requires the Chiropractic Examining Board to approve as continuing education programs the AED courses that are approved by the Department of Health Services.
SECTION 1 creates the definition of “current proficiency in the use of an automated external defibrillator."
SECTION 2 creates the requirement that an applicant for an initial license be currently proficient in the use of an automated external defibrillator.
SECTION 3 creates the requirement that to renew a license or for the reinstatement of a license, chiropractors must be currently proficient in the use of an automated external defibrillator.
SECTION 4 creates the requirement that an applicant, who is licensed in another jurisdiction, be currently proficient in the use of an automated external defibrillator.
SECTION 5 creates a provision that allows chiropractors to count one hour of an automated external defibrillator course toward their biennial continuing education requirement.
SECTION 6 requires the board to approve as a continuing education program any course that provides instruction in the use of an automated external defibrillator that is approved under s.
46.03 (38), Stats. SECTION 6 also excepts automated external defibrillator courses from the current requirement that only the parts of a continuing education program which relate to improving the clinical skills of a chiropractor and are generally taught at the undergraduate or postgraduate level may be counted as continuing education credit hours.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Comparison with rules in adjacent states
Minnesota:
Minnesota does not require proficiency and training as a requirement for licensure and renewal of Minnesota chiropractic licenses.
Michigan:
Michigan does not require proficiency and training as a requirement for licensure and renewal of Michigan chiropractic licenses.
Illinois:
Illinois does not appear to require proficiency and training as a requirement for licensure and renewal of Illinois chiropractic licenses.
Iowa:
Iowa does not require proficiency and training as a requirement for licensure and renewal of Iowa chiropractic licenses.
Summary of factual data and analytical methodologies
2007 Wisconsin Act 104 created a requirement for applicants for an initial credential as a chiropractor and as a qualification for renewal to be proficient in the use of automated external defibrillators (AEDs) through the completion of an approved instruction program prior to initial certification. This requirement of the Act has been set forth in the newly created rule provisions, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
Training for AED certification and renewal of certification may vary. The Madison Wisconsin Chapter of the American Red Cross (Badger Chapter) offers to professionals AED/CPR initial certification for $80.00 and $52.00 for review. Both trainings are valid for one year. Based on these figures, AED certification for a licensed chiropractor could cost approximately $132.00 for the licensure biennium and less so in subsequent bienniums (initial biennium in which AED certification was achieved: $132.00 initial certification plus $52.00 for review). A price sheet obtained from the Badger Chapter of the American Red Cross for January to December of 2008 is attached.
As of July 2008, there were 2,153 Wisconsin chiropractors with active licenses to practice.
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.
Small Business Impact
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 Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $4,501. The total on-going salary and fringe costs are estimated at $3,265.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before November 24, 2008, to be included in the record of rule-making proceedings.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
pamela.haack@drl.state.wi.us.
Text of Proposed Rule
SECTION 1. Chir 1.02 (1m) is created to read:
Chir 1.02 (1m) “Current proficiency in the use of an automated external defibrillator" means that a person has successfully completed a course of instruction in the use of an automated external defibrillator provided by an individual, organization or institution of higher education approved to provide the instruction under s.
46.03 (38), Stats., within the 24 months immediately prior to application.
SECTION 2. Chir 2.02 (6) (c) is created to read:
