CR 17-091 Rule Text

STATE OF WISCONSIN

Physical Therapy Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

PHYSICAL THERAPY EXAMINING BOARD

ORDER OF THE PHYSICAL THERAPY EXAMINING BOARD

ADOPTING RULES

(CLEARINGHOUSE RULE 17-091)

ORDER

An order of the Physical Therapy Examining Board to repeal PT 2.01 (Note), 9.02 (1m) and (5), and 9.03 (Note) and to amend PT 2.01 (2), (4), (5), and (8) (a), (b), and (c), 2.03 and (Note), 9.03 (1) and (2), 9.04 (1) (a), (2), and (3) (intro.), Table 9.04 lines (a), (h), (i), (j), (l), (n), (p), (r), and (t), and 9.05, relating to examinations and continuing education.

Analysis prepared by the Department of Safety and Professional Services.

------------------------------------------------------------------------------------------------------------

ANALYSIS

Statutes interpreted:

Sections 440.03 (4m) and 448.54, Stats.

Statutory authority:

Sections 15.08 (5) (b), 448.535 (2), and 448.55 (3), Stats.

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 448.535 (2), Stats., provides the Board may waive the licensing requirement to pass an examination, and requires the Board to promulgate rules for granting this waiver.

Section 448.55 (3), Stats., provides “[t]he examining board shall promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant.”

Related statute or rule:

None.

Plain language analysis:

The Physical Therapy Examining Board conducted a comprehensive evaluation and update of chs. PT 2 and 9 to ensure the rules are consistent with current professional, academic, and licensing and renewal practices and applicable Wisconsin statutes. As a result, the following updates have been made:

 Section PT 2.01 (2) is revised to clarify how the Board determines if an applicant is required to complete an oral examination.

 Section PT 2.03 is revised to clarify the Board’s requirements for reexamination only apply to the statutes and rules examination it administers.

 Section PT 9.04 (2) is revised to specify that, in order to be approved, a continuing education activity must integrally relate to the practice of physical therapy.

 Section PT 9.05 is revised to comply with s. 440.03 (4m), Stats., as created by 2017 Wisconsin Act 59. Under this provision, the Board may require a credential holder to submit proof of completing continuing education programs or courses only if a complaint is made against the credential holder.

 Other provisions throughout chs. PT 2 and 9 have been revised to remove outdated notes, provide clarity, and conform to current drafting standards.

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

None.

Comparison with rules in adjacent states:

Illinois:

68 Ill. Admin. Code 1340.40 and 1340.61 contain the examination requirements for licensure as a physical therapist in Illinois and continuing education requirements for renewing an Illinois license in physical therapy.

Iowa: 645 IAC 200.4 and 203 contain the examination requirements for licensure as a physical therapist in Iowa and continuing education requirements for renewing an Iowa license in physical therapy.

Michigan: Mich Admin Code, R 338.7132 to R 338.7135 and R 338.7161 to R 338.7163, contain the examination requirements for licensure as a physical therapist in Michigan and continuing education requirements for renewing a Michigan license in physical therapy.

Minnesota: Minnesota Rules, Parts 5601.2100 to 5601.2700, contain the continuing education requirements for renewing a Minnesota license in physical therapy.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of chs. PT 2 and 9 to ensure the rules are consistent with current professional, academic, and licensing and renewal practices and applicable Wisconsin statutes.

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

The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the 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:

These 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 [e-mail], or by calling [phone].