STATE OF WISCONSIN
Radiography Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
RADIOGRAPHY EXAMINING BOARD
PROPOSED ORDER OF THE RADIOGRAPHY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Radiography Examining Board to amend RAD 1.02 (12), relating to definition of licensed independent practitioner.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Related statutes or rules:
None.
Plain language analysis:
The proposed rules reflect the provisions of 2015 Wisconsin Act 375, which grants qualified physical therapists the authority to order X-rays. Current rules provide the scope of practice for radiographers involves the production of images for the interpretation by, or at the request of, a licensed independent practitioner. “Licensed independent practitioner” as defined in current rules does not include a physical therapist. The proposed rules amend the definition of “licensed independent practitioner” to include a physical therapist who is licensed under s. 448.53, Stats., and satisfies one of the qualifications under s. 448.56 (7) (a), Stats. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
The following rules governing the practice of physical therapy in Illinois, Iowa, Michigan, and Minnesota do not explicitly authorize or prohibit the ordering of X-rays by physical therapists:
Illinois: 68 Ill. Adm. Code 1340
Iowa: 645 IAC 200 to 203
Michigan: Mich Admin Code, R 338.7101 to R 338.7150
Minnesota: Minnesota Rules, Chapter 5601
32 Ill. Admin. Code 401, which provides for accreditation in the practice of medical radiation technology in Illinois; 645 IAC 42, which provides for permits to operate ionizing radiation producing machines or administer radioactive materials in Iowa; and Minn. Stat. 144.21, which provides requirements for X-ray operators, do not address qualifications for ordering X-rays. Michigan does not have requirements for the licensure or credentialing of X-ray machine operators.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions of 2015 Wisconsin Act 375 in conjunction with current rules relating to the definition of licensed independent practitioner under s. RAD 1.02 (12). Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
