Rule-Making Notices (Hearing Notices)

SECTION 8 amends PT 3.02 (4) by deleting duplicative language regarding the supervision of physical therapist assistants.

SECTION 9 repeals the renewal provision in PT 3.01 (7) for physical therapist and physical therapist assistants under supervision.

SECTION 10 creates PT 3.02 regarding the temporary reentry license. Physical therapist and physical therapist assistants who have not engaged in the clinical practice of physical therapy for three years are eligible for the temporary reentry license. The temporary reentry license is valid for one year and is nonrenewable.

SECTION 11 creates authority provisions for Chapters PT 4 to PT 6.

SECTION 12 amends PT 4.01 (4) by adding language that allows the Physical Therapy Examining Board greater discretion in extending the expiration date of a locum tenens license. Currently, a locum tenens license expires within 90 days of being issued.

SECTION 13 amends PT 8.05 (intro) by adding a renewal exception for the newly created class of temporary reentry applicants.

SECTION 14 amends the authority and purpose provision in PT 9.01 to reflect the change in status from affiliated credentialing board to examining board.

SECTION 15 creates PT 9.02 (5) adding the term “remedial education". This term applies to continuing education for disciplinary purposes.

Summary of, and comparison with, existing or proposed federal regulation

There is no comparative existing or proposed federal rule.

Comparison with rules in adjacent states

Illinois: Illinois does not issue a temporary license, Illinois allows applicants to apply for restoration of licenses that have expired or have been placed on inactive status for a period of 5 to 10 years. Ill. Admin. Code tit.68 §1340.60 (4) (A) Individuals that have allowed their license to lapse must obtain 160 contact hours under the supervision of a licensed physical therapist, or twenty hours of continuing education on the clinical aspects of physical therapy or a combination of both.

Iowa: The state of Iowa does not issue a temporary license. Iowa allows individuals whose license have been inactive for five years or less and those individuals whose license have been inactive for more than five years to apply for reactivation of an inactive license. Iowa Admin. Code r. 645-200.15 (17A, 147, 272C) However, Iowa does have provisions enumerating the supervision requirements for physical therapy assistants. Iowa Admin. Code r. 645-200.6 (272C)

Michigan: Michigan issues a nonrenewable temporary license for physical therapist and physical therapist assistants who are applying for re-licensure and whose license has lapsed less than three years of their expiration date provided they have completed all other requirements other than examination. Mich. Admin. code R 338.7149 Michigan also issues a limited license for physical therapist assistants who graduated from a board approved program but still must complete a physical therapist assistant examination. Mich. Admin. code R 338.7143 Temporary license holders must practice under the supervision of license holders and may not be supervised by limited license holders or temporary license holders. Mich. Comp. Laws §333.16181

Minnesota: By statute, Minnesota issues temporary permits to practice physical therapy. Minn. Stat. §148.71 The permit, once issued, expires 90 days after the next examination for licensure given by the Board. The temporary permit cannot be renewed. Temporary license holders may be supervised by applicants for physical therapist, physical therapist assistants and licensed physical therapist. The level of supervision must be direct immediate and on premises.

Summary of factual data and analytical methodologies

The Physical Therapy Examining Board conducted an extensive review of its rules along with legal counsel. The Federation of State Boards of Physical Therapy Model Practice Act was also reviewed. The board and its legal counsel identified key areas that required updating pursuant to the passage of 2009 Wisconsin Act 149.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

It is anticipated that this rule will have no effect on small business as it is defined in s. 227.114 (1), Stats.

Anticipated costs incurred by the private sector

The proposed rules will not incur additional costs to the private sector.

Fiscal Estimate and Economic Impact Analysis

With regard to the fiscal impact there would be additional IT costs of approximately $2130 related to coding in the licensing system and additional costs of approximately $340 for updating forms and the website. These costs would be absorbed within the DSPS budget. With regard to the economic impact, the proposed rule language was made available on the department's website for 14 days. Comments were solicited. The department did not receive any comments regarding an economic impact from local government units, specific business sectors or public utility rate payers. The department finds the proposed rule will have no economic impact.

Effect on Small Business

This rule will have no effect on small business as small business is defined in 227.114 (1), Stats.

The department's Regulatory Review Coordinator may be contacted by email at [e-mail] or by calling [phone].

Initial Regulatory Flexibility Analysis

It is anticipated that this rule will have no effect on small business as small business is defined in 227.114 (1), Stats.

Agency Contact Person

Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email a
[e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
Wis. Admin. Code ss. PT 1- PT 9
Subject
Licensure, applications and credentials, examinations, temporary licenses, locum tenens license and continuing education of physical therapists and physical therapist assistants
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
GPR FED PRO X PRS SEG SEG-S			20.165 (1) (g)
Fiscal Effect of Implementing the Rule
No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		X Increase Costs Could Absorb Within Agency's Budget Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? Yes X No
Policy Problem Addressed by the Rule
The proposed rule effectuates the recent passage of 2009 Wisconsin Act 149. The act changed the Physical Therapists Affiliated Credentialing Board to the Physical Therapy Examining Board. The board now functions independently without oversight by the Medical Examining Board. In order to implement the legislation, the proposed rule modernizes existing provisions, revises the classes of temporary licensure and further defines the level of supervision within the profession. The proposed rule forms to distinct classes of temporary licensure, the temporary license to practice under supervision, initial licensure and the temporary reentry license. The temporary license to practice under supervision, initial licensure is distinguished from temporary reentry license in that it is available only to those applicants who have not previously been licensed in Wisconsin. The temporary reentry license is targeted towards individuals that are returning to practice after having not engaged in clinical practice for a period of three years prior to applying for licensure. Both classes of temporary licensure are designed to allow entry level professionals and returning professionals gain employment opportunities while acquiring clinical experience.
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)
With regard to the fiscal impact there would be additional IT costs of approximately $2130 related to coding in the licensing system and additional costs of approximately $340 for updating forms and the website. These costs would be absorbed within the DSPS budget. With regard to the economic impact, the proposed rule language was made available on the department's website for 14 days. Comments were solicited. The department did not receive any comments regarding an economic impact from local government units, specific business sectors or public utility rate payers. The department finds the proposed rule will have no economic impact.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implementing the proposed rule will be creating opportunities for persons seeking to enter the practice of physical therapy valuable clinical experience and bringing the current regulations that govern the practice of physical therapy in conformity with 2009 WI Act 149. By distinguishing the classes of temporary licensure and defining the multiple levels of supervision, the proposed rule will provide greater protection for the public. An alternative to implementing the rule is to allow the current regulations to remain outdated and out of compliance with 2009 WI Act 149.
Long Range Implications of Implementing the Rule
The anticipated long-term result of the proposed rules will be a more consistent scope of practice for licensed physical therapist and physical therapist assistants, as well as consistency in training for those entering the profession.
Compare With Approaches Being Used by Federal Government
There is no comparative existing or proposed federal rule.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Of the neighboring states only Minnesota and Michigan issue temporary licenses. The Minnesota temporary license cannot be renewed and expires 90 days after the next examination for licensure by the board. Michigan also issues a non-renewable temporary license for applicants waiting for exam results. Illinois and Iowa do not issue temporary licensure.
Name and Phone Number of Contact Person
Shawn Leatherwood [phone]