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 This proposed rule was prompted by the passage of 2013 Wisconsin Act 20 which repealed the practical examination requirement for chiropractors.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 least 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 July 2, 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 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 report:
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 Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
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 Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Katie Paff, 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) 261-4472 ; email at Kathleen.Paff@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 renumbered Chir 2.03 and 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 July 2, 2013, and who took the practical exam, under s. 446.02 (3) (a), 2011 Stats., 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: (1) Achieved a score of 375 or higher on Part III of the examination administered by the National Board of Chiropractic Examiners.
(2) Achieved a score of 375 or higher on Part IV of the examination administered by the National Board of Chiropractic Examiners.
