Statutes interpreted: ss. 448.53, 448.54, 448.55, 448.56 (1) and 448.57
In this proposed rule-making order, the Physical Therapists Affiliated Credentialing Board is making amendments which relate to statutory authority, clarity, form and use of plain language. A note is created following s. PT 1.03 (1) (c), indicating where lists of approved schools may be obtained. Section PT 2.01 (6) is amended to reflect that to pass an examination the applicant shall receive a score determined by the Board to represent minimum competence to practice after consultation with subject matter experts, rather than indicating a specific score, which may change, and would require additional changes in the rule. Section PT 2.02 is amended to reflect that a violation of the examination rules of conduct would be cause for withholding the applicant's grade and for an ultimate finding, after hearing, that the applicant has failed the examination. Section PT 6.01 is amended to clarify that a written referral is not required for services “excepted” under s. 448.56 (1), Stats., or for services provided by individuals exempt under s. 448.52, Stats. Section PT 7.02 (6) is clarified to include a change of name permitted under s. 786.36, Stats.
Text of Rule
SECTION 1. PT 1.01 is amended to read:
PT 1.01 Authority and purpose. The rules in chs. PT 1 to 8 are adopted by the physical therapists affiliated credentialing board pursuant to the authority delegated by s. 15.085 (5) (b), Stats., and govern the issuance of licenses to practice physical therapy under s. 448.53, Stats., the referral for physical therapy services under s. 448.56, Stats., unprofessional conduct under s. 448.57, Stats., and biennial license renewal under s. 440.08, Stats.
SECTION 2. PT 1.03 (1) (b) is repealed.
SECTION 3. A note following s. PT 1.03 (1) (c) is created to read:
Note: A list of approved schools is available upon request to the board office at 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708.
SECTION 4. PT 1.03 (2) and (3) (intro.) are amended to read:
PT 1.03 (2) If an applicant is a graduate of a school of physical therapy not approved by the board, the board shall determine whether the applicant's educational training is equivalent to that specified in par. sub. (1) (c). In lieu of its own evaluations, the board may use evaluations prepared by the university of Wisconsin-Madison. The cost of an evaluation shall be paid by the applicant.
(3) The board may waive the requirement under par.
sub. (1) (c) for an applicant who establishes, to the satisfaction of the board, all of the following:
SECTION 5. PT 2.01 (6) (a) is amended to read:
PT 2.01 (6) (a) The score required to pass each written physical therapy examination shall be based on the board's determination of the level of examination performance required for minimum acceptable competence in the profession and on the reliability of the examination. The passing grade shall be established prior to giving the examination. The passing grade for the FSBPT examination shall be designated by a grade of 75.
SECTION 6. PT 2.01 (6) (b) and (c) are repealed and recreated to read:
PT 2.01 (6) (b) The board accepts the recommendation of the federation of state boards of physical therapy for the passing score on the national physical therapy examination.
(c) To pass the examination on the statutes and rules examination, the applicant shall receive a score determined by the board to represent minimum competence to practice after consultation with subject matter experts who have received a representative sample of the examination questions and available candidate performance statistics.
SECTION 7. PT 2.02 is amended to read:
PT 2.02 Conduct of examinations. At the start of the examinations, applicants shall be provided with the rules of conduct to be followed during the course of the examinations. Any violation of these rules of conduct by any applicant will
may be cause for the board to terminate the examination of the applicant and to exclude the applicant from continuing the examinations, and will also be cause for the board designee withhold the applicant's grade and to find after a hearing that the applicant has failed the examinations examination.
SECTION 8. PT 3.01 (2) is amended to read:
PT 3.01 (2) The required fees specified in s. 440.05 (6), Stats., shall accompany the application for a temporary license to practice under supervision.
SECTION 9. PT 4.01 (1) (e) is amended to read:
PT 4.01 (1) (e) The required fees specified in s. 440.05 (6), Stats.
SECTION 10. PT 6.01 is amended to read:
PT 6.01 Referrals. A written referral is not required for services excepted under s. 448.56 (1). Stats. In addition, a written referral is not required to provide the following services: conditioning, injury prevention and application of biomechanics, and treatment of musculoskeletal injuries with the exception of acute fractures soft tissue avulsions where other medical interventions may be indicated, related to the work, home, leisure, recreational and educational environments.
SECTION 11. PT 7.02 (6) is amended to read:
PT 7.02 (6) Engaging or attempting to engage in practice under any license under any given name or surname other than that under which originally licensed or registered to practice in this or any other state. This subsection does not apply to a change of name resulting from marriage, or divorce
, or order by a court of record a name change permitted under s. 786.36, Stats.
SECTION 12. Chapter PT 8 (title) is amended to read:
Chapter PT 8
BIENNIAL REGISTRATION
LICENSE RENEWAL
SECTION 13. PT 8.01, 8.02 (title) and 8.02 are amended to read:
PT 8.01 Authority and purpose. The rules in this chapter are adopted by the board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 and 448.53, Stats., and govern biennial registration renewal of licensees of the board.
PT 8.02 Renewal required; method of renewal. Each licensee shall register renew his or her license biennially with the board department. On or before October 1 of each odd-numbered year the board department shall mail to each licensee at his or her last known address as it appears in the records of the board an application form for registration renewal. Each licensee shall complete the application form and return it with the required fee to the board office department prior to the next succeeding November 1. The board shall notify the licensee within 30 business days of receipt of a completed registration renewal form whether the application for registration renewal is approved or denied.
SECTION 14. PT 8.03 and 8.04 are repealed.
SECTION 15. PT 8.05 (title) is amended to read:
PT 8.05 Requirements for reinstatement.
SECTION 16. PT 8.05 (1) is repealed.
SECTION 17. PT 8.05 (2) (intro.), (a) and (b) are renumbered s. PT 8.05 (intro.), (1) and (2).
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Public Hearing
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board
Notice is hereby given that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b), 227.11 (2) and 457.03, Stats., and interpreting ss. 457.12 (2), 457.14 and 457.16, Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to repeal s. SFC 1.05 (2) and (4); to amend ss. SFC 14.01 (2) (intro.) and 14.02 (2); and to create s. SFC 11.035, relating to examination requirements and procedures, academic programs equivalent to master's and doctorate degrees in professional counseling, and temporary certificates for professional counselors.
Hearing Information
The public hearing will be held:
Date & Time Location
December 10, 1997 Room 180
Wednesday 1400 E. Washington Ave.
10:00 a.m. MADISON, WI
Written Comments
Interested people are invited to present information at the hearing. People 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:
Office of Administrative Rules
Department of Regulation and Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by December 26, 1997 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 457.03
Statutes interpreted: ss. 457.12 (2), 457.14 and 457.16
In this proposed rule-making order, the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors repeals administrative rules relating to examination requirements and procedures, creates a temporary certificate issued to professional counselor applicants and amends the rules to specify the minimum credit hours for each required course for professional counselors.
Section SFC 1.05 (2) and (4) are being repealed to delete the requirement of submitting a photograph to sit for the examination and the provision that the section chairperson or a proctor may announce examination protocol. Candidates now take computer-adapted examinations and receive their instruction via computer.
Section SFC 11.035 is being created to allow professional counselor applicants who meet the appropriate educational and experience requirements to receive a temporary certificate. The certificate allows the certificate holder to use the title “professional counselor” prior to taking the examination. The temporary certificate expires upon notification of failure of the examination or expiration of the 9 month period, whichever comes first.
Sections SFC 14.01 (2) (intro.) and 14.02 (2) are being amended to specify the minimum number of credits candidates must have to fulfill the requirements for the professional counselor educational equivalency. The rules require that the candidate have at least 3 credit semester hours or 4 quarter hours academic credit in a supervised counseling practicum, a counseling theory course and 6 of the 8 professional counselor topic areas. The Professional Counselors Section believes that courses with less than the aforementioned hours do not contain the academic depth requirement necessary to grasp the concepts of professional counseling education. Current rule does not specify the minimum number of course hours.
Text of Rule
SECTION 1. SFC 1.05 (2) and (4) are repealed.
SECTION 2. SFC 11.035 is created to read:
SFC 11.035 Temporary certificate. The section may issue a temporary certificate permitting the use of the title “professional counselor” to an individual who pays the fee under s. 440.05 (6), Stats., and who meets all the qualifications for the certificate except for passing the required examination. The temporary certificate shall be valid for a period of 9 months from the date of issue of the temporary certificate, or release of the examination scores from the next available examination after the date of the application for the temporary certificate, whichever is earlier. The temporary certificate expires upon notification of failure of the examination or expiration of the 9 month period. The temporary certificate may not be renewed.
SECTION 3. SFC 14.01 (2) (intro.) is amended to read:
