The Department and attached rulemaking authorities have established in rule the requirements for credential reinstatement and expired credential renewal for some of the professions. The Department and attached rulemaking authorities are currently or will be promulgating rules to establish the requirements for the remaining professions
Plain language analysis
Current Department rules relating to application procedures need clarification with regards to the appropriate processes for renewing an expired credential and reinstating a surrendered credential, revoked credential, or suspended credential that has not been renewed within 5 years of the renewal date. The proposed rule explicitly states that the initial application process cannot be used for credential reinstatement or expired credential renewal. Credential holders must use the credential reinstatement process or the renewal after 5 years process, as applicable.
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 (IDFPR) does not have a codified definition of reinstatement or a renewal process for expired credentials that applies across professions. 20 ILCS Sec. 2105-125 gives the IDPFR the authority to restore any credential at any time after the suspension, revocation, placement on probationary status, or other disciplinary action taken by the Department with reference to any certificate upon recommendation of the appropriate board.
Iowa: The Iowa Professional Licensing Bureau uses the term “reinstatement" to refer to the reinstatement of a suspended licenses and the issuance of a new license following the revocation or voluntary surrender of a license. If the order of revocation or suspension did not establish terms upon which reinstatement might occur, or if the license was voluntarily surrendered, an initial application for reinstatement may not be made until at least one year has elapsed from the date of the order or the date the board accepted the voluntary surrender IAC 193-7.38. The Iowa Professional Licensing Bureau does not have a codified renewal process for expired credentials that applies across professions.
Michigan: “Reinstatement" is defined as the granting of a license or registration, with or without limitations or conditions, to a person whose license or registration has been revoked. “Relicensure" or “reregistration" is defined as the granting of a registration or license to a person whose license or registration has lapsed for failure to renew within 60 days after the expiration date (Michigan Statutes 339.402).
Minnesota: Minnesota does not have a codified definition of reinstatement or a renewal process for expired credentials that applies across professions.
Summary of factual data and analytical methodologies
The Department is codifying the appropriate processes for reinstating credentials and renewing expired credentials. Adjacent states' rules were also reviewed.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are below.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at
Kathleen.Paff@wisconsin.gov.
Text of Rule
Section 1. SPS 4.02 (5s) is created to read:
SPS 4.02 (5s) “Reinstatement" means the process established in rule by the credentialing authority by which a credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years after the renewal date or whose credential has been surrendered or revoked, may apply to have the credential reinstated, with or without conditions. A credential may not be reinstated through the initial application process.
Section 2. SPS 4.10 is created to read:
SPS 4.10 Failure to renew within 5 years after the renewal date. A credential holder who has failed to renew a credential within 5 years after the renewal date holds an expired credential. A credential holder with an expired credential may not reapply for the credential using the initial application process. A credential holder renews an expired credential in accordance with the applicable requirements established in rule by the credentialing authority. This section does not apply to credential holders who have unmet disciplinary requirements or whose credentials have been surrendered or revoked.
Section 3. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s.
227.22 (2) (intro.), Stats.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original ⍽ Updated ⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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SPS 4
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3. Subject
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Credential renewal and reinstatement
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
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20.165(1)(g)
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6. Fiscal Effect of Implementing the Rule
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
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Current Department rules relating to application procedures need clarification with regards to the appropriate processes for renewing an expired credential and reinstating a surrendered credential, revoked credential, or suspended credential that has not been renewed within 5 years of the renewal date.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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This rule was posted for 14 days for economic impact comments and none were received.
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11. Identify the local governmental units that participated in the development of this EIA.
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None. This rule does not affect local government units.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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This rule will not have an economic or fiscal impact on businesses, business sectors, public utility rate payers, local government units, or the state's economy as a whole.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The proposed rule provides greater clarity with regards to application procedures for credential holders. It explicitly states that the initial application process cannot be used for credential reinstatement or expired credential renewal. Credential holders must use the credential reinstatement process or the renewal after 5 years process, as applicable. The alternative to implementing the proposed rule is to continue with the current rules that are unclear for credential holders.
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14. Long Range Implications of Implementing the Rule
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The long range implication of the proposed rule is greater clarity with regards to application procedures for credential holders
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15. Compare With Approaches Being Used by Federal Government
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None
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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The Illinois Department of Financial and Professional Regulation (IDFPR) does not have a codified definition of reinstatement or a renewal process for expired credentials that applies across professions.
The Iowa Professional Licensing Bureau uses the term “reinstatement" to refer to the reinstatement of a suspended licenses and the issuance of a new license following the revocation or voluntary surrender of a license. If the order of revocation or suspension did not establish terms upon which reinstatement might occur, or if the license was voluntarily surrendered, an initial application for reinstatement may not be made until at least one year has elapsed from the date of the order or the date the board accepted the voluntary surrender IAC 193-7.38. The Iowa Professional Licensing Bureau does not have a codified renewal process for expired credentials that applies across professions.
In Michigan, “reinstatement" is defined as the granting of a license or registration, with or without limitations or conditions, to a person whose license or registration has been revoked. “Relicensure" or “reregistration" is defined as the granting of a registration or license to a person whose license or registration has lapsed for failure to renew within 60 days after the expiration date (Michigan Statutes 339.402).
Minnesota does not have a codified definition of reinstatement or a renewal process for expired credentials that applies across professions.
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17. Contact Name
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18. Contact Phone Number
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Kathleen Paff
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(608) 261-4472
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This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearings
Safety and Professional Services —
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) (a), Wis. Stats., and interpreting s.
446.02 (3)(b), Wis. Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal sections
Chir 2.03 (2),
2.07 (3), and
2.11 (2) and
(3), to amend sections
Chir 2.025,
2.03 (1),
2.07 (1), and
3.03 (1) (e) and
(f) and
(2) (f) and
(g), to repeal and recreate section
Chir 3.03 (1) (f), and to create section
Chir 2.12, relating to practical exams for chiropractors.
Hearing Information
Date: Thursday, January 15, 2015
Time: 8:40 a.m.
Location: 1400 East Washington Avenue
Room 121A
(Enter at 55 North Dickinson St.)
Madison, Wisconsin
Appearances at the Hearing
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 the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on
January 15, 2015, to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The Chiropractic Examining Board, is generally empowered by ss.
15.08 (5) (b) and
227.11 (2) (a), Stats., to promulgate rules that provide guidance within the profession and that interpret the provision of any statute it enforces or administers. This proposed rule was prompted by the passage of
2013 Wisconsin Act 20 which repealed the practical examination requirement for chiropractors. This change required the Chiropractic Examining Board to promulgate rules which interpret s.
446.02 (3) (b), Stats., and will provide guidance within the profession regarding examination requirements for chiropractors.
Related statute or rule
None.
Plain language analysis
The proposed rule seeks to amend provisions of Wis. Admin. Code chs.
Chir 2 and
3 to reflect a change in examination requirements due to the passage of
2013 Wisconsin Act 20. Prior to the Act, chiropractors seeking licensure in Wisconsin had to take and pass a practical examination administered by the Chiropractic Examining Board in accordance with s.
446.02 (3) (a), Stats.
2013 Wisconsin Act 20 eliminated the practical exam requirement for chiropractors by repealing s.
446.02 (3) (a), Stats. Act 20 replaced the practical exam with the requirement to successfully complete Parts I, II, III, and IV of the National Board of Chiropractic Examination administered by the National Board of Chiropractic Examiners. (NBCE) The passing score was set by the legislature at 438 for Part III and at least 475 for Part IV. Having eliminated the practical exam, Act 20 carved out a grandfather clause consisting of a class of applicants that had taken the practical exam between January 1, 2012 and June 30, 2013, the effective date of the Act. The grandfather provision stipulated applicants that had taken the practical exam under s.
446.02 (3) (a), Stats., were not required to successfully complete the practical exam. However, applicants must have achieved a passing score of 375 or higher on Part III and 375 or higher on Part IV of the NBCE Exam and must have successfully completed the exam testing the applicant's knowledge of Wisconsin laws related to the practice of chiropractic. The proposed rules will amend selected provisions of ch.
Chir 2 and
3 to bring the current Wisconsin Administrative Code in alignment with the statutory requirements.
SECTION 1. removes the practical examination requirement from the time for completing application provision.
SECTION 2. strikes the parenthetical phrase “but not limited to".
SECTION 3. repeals the practical examination requirement.
SECTION 4. amends the passing grade provision to reflect that the passing grade is set by the legislature.
SECTION 5. repeals the practical examination requirement.
SECTION 6. creates a new provision exempting applicants who have taken the practical exam between January 1, 2012 and June 30, 2013 from passing the practical exam.
SECTION 7. sets forth the practical exam equivalents for endorsement candidates.
SECTION 8. sets forth the special purpose examination equivalents for endorsement candidates.
SECTION 9. amends the provisions regarding verifying completion of a practical or special purpose exam and their equivalents.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: Illinois requires applicants to pass Parts I, II, and III of the National Board of Chiropractic Examination with a score of at least 375 on all 3 parts of the test. 68 ILL. Admin. Code 1285.60 b).
Iowa: Licensure in Iowa requires passing Parts I, II, III, and IV of the National Board of Chiropractic Examination. 645 IAC 41.2.
Michigan: Michigan requires applicants to pass Parts I, II, III, and IV of the National Board of Chiropractic Examination and has adopted the NBCE's recommended passing score. Mich. Admin. Code R. 338.12003 and 338.12005.
Minnesota: The prerequisites for licensure in Minnesota include passing the National Board of Chiropractic Examination Parts I and II, the Written Clinical Competency Examination, and the Physiotherapy Examination. Applicants must also pass the NBCE Part IV and an exam on jurisprudence/ethics. Minn. R. 2500.0720.
Summary of factual data and analytical methodologies
No factual data or analytical methodologies were used in the preparation of the proposed rule due to the changes being necessitated by
2011 Wisconsin Act 20.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are below.
Agency Contact Person
Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-4438; email at Shancethea.Leatherwood@ wisconsin.gov.
Text of Rule
SECTION 1. Chir 2.025 is amended to read:
Chir 2.025 Time for completing applications and taking examination. An application is incomplete until all materials described in s.
Chir 2.02 are filed with the board. All application materials described in s.
Chir 2.02 shall be filed with the board within one year from the date the first item is filed. If an application is incomplete for more than one year, or if an applicant fails to take an examination within one year from the date the
application is complete first item was filed, the applicant shall begin the application process anew
in order to take the practical examination demonstrating clinical competence for a license as a chiropractor.
SECTION 2. Chir 2.03 (1) is amended to read:
Chir 2.03 (1)
State law examination. An applicant shall pass an examination on state laws including
but not limited to ch.
446, Stats. and chs.
Chir 1 to
11 12.
SECTION 3. Chir 2.03 (2) is repealed.
SECTION 4. Chir 2.07(1) is amended to read:
Chir 2.07 (1) National examination. To pass the examination of the national board of chiropractic examiners, each applicant for licensure by exam shall receive a grade determined by the board legislature to represent minimum competence to practice. The board may adopt the passing grade recommended by the national board of chiropractic examiners.
SECTION 5. Chir 2.07 (3) and 2.11 (2) and (3) are repealed.
SECTION 6. Chir 2.12 is created to read:
Chir 2.12 Practical examination demonstrating clinical competence. An applicant who applied for licensure as a chiropractor between January 1, 2012 and June 30, 2013, and who took the practical exam shall not be required to have successfully completed the practical exam and shall be considered to have satisfied all examination requirements to obtain a license to practice as a chiropractor in this state if the person has completed all of the following:
(a) Achieved a score of 375 or higher on Part III of the examination administered by the National Board of Chiropractic Examiners.
(b) Achieved a score of 375 or higher on Part IV of the examination administered by the National Board of Chiropractic Examiners.
(c) Successfully completed the exam on Wisconsin laws related to the practice of chiropractic.
SECTION 7. Chir 3.03 (1) (e) is amended to read:
