The proposed rules make the following changes to provide clarity and reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59, which made various changes to the practice of athletic trainers and the duties and powers of the Athletic Trainers Affiliated Credentialing Board: - The definitions of “NATABOC” and “board” are revised and the definitions of “athletic training” and “physical activity” are created based on the respective statutory definitions.
- Section AT 1.05 is revised to specify the Board may accept the results of a credentialing examination administered by a successor agency of the National Athletic Trainers’ Association Board of Certification, Inc. (NATABOC) - Section AT 2.02 (2) is revised to specify a successor agency of NATABOC may provide required certifications. - References to application for and renewal of temporary licenses are removed by repealing ss. AT 2.03, 2.04, and 2.05. 2009 Wisconsin Act 162 eliminated the Board’s authority to issue temporary licenses. - Sections AT 3.01 and 3.03 are revised to specify a successor agency of NATABOC may provide required approvals and certifications. - Sections AT 3.03 and 3.05 are revised to reflect s. 440.035 (2), Stats., as created by 2017 Wisconsin Act 59, concerning the Board’s authority to require a credential holder to submit proof of completion of continuing education programs or courses. - A note in s. AT 4.01 that includes substantive requirements for referrals is repealed. Requirements for referrals are specified in s. 448.956 (1m), Stats., as created by 2009 Wisconsin Act 162. - Section AT 4.02 (1), which provides a protocol must require an athletic trainer to notify the consulting physician as soon as possible if a person being treated sustains new injuries, is repealed. 2009 Wisconsin Act 162 eliminated this protocol requirement. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Rules of the Illinois Department of Financial and Professional Regulation establish requirements for licensure as an athletic trainer in Illinois and the approval of athletic training programs (68 Ill. Adm. Code 1160.20 to 1160.80).
Iowa:
Rules of the Iowa Board of Athletic Training establish requirements for licensure as an athletic trainer in Iowa (645 IAC 351.1 to 353.5).
Michigan:
Rules of the Michigan Department of Licensing and Regulatory Affairs establish requirements for licensure as an athletic trainer in Michigan, a plan of care for certain athletic training services, and delegation of acts related to the practice of athletic training (Mich Admin Code, R 338.1301 to R 338.1377).
Minnesota:
The Minnesota Statutes, sections 148.7801 to 148.7815, establish requirements for licensure as an athletic trainer in Minnesota and define the scope of athletic training.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59 in conjunction with current rules relating to athletic trainers under chs. AT 1 to 4 and obtaining input and feedback from the Athletic Trainers Affiliated Credentialing Board. 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:
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 NathanielL.Ristow@wisconsin.gov, or by calling (608) 266-3445. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 9:30 a.m. on December 7, 2018, to be included in the record of rule-making proceedings. --------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. AT 1.02 (1) is renumbered AT 1.02 (1r) and amended to read:
AT 1.02 (1r) “Board" means the athletic trainers affiliated credentialing board.
Section 2. AT 1.02 (1g) is created to read:
AT 1.02 (1g) “Athletic training" has the meaning given in s. 448.95 (5), Stats. Section 3. AT 1.02 (5) is amended to read:
AT 1.02 (5) “NATABOC" means the national athletic trainers association board of certification National Athletic Trainers’ Association Board of Certification, Inc.
Section 4. AT 1.02 (5m) is created to read:
AT 1.02 (5m) “Physical activity" has the meaning given in s. 448.95 (7), Stats. Section 5. AT 1.05 is amended to read:
AT 1.05 Required examinations. For purposes of satisfying the examination requirement requirements of ss. 448.953 (1) (f) and (h) and 448.954, Stats., the board accepts the results of a credentialing examination administered by the NATABOC or its successor agency.
Section 6. AT 2.02 (2) is amended to read:
AT 2.02 (2) Unless applying for a temporary license under s. 448.953 (4) (a), Stats., official certification Verification attested to and submitted directly to the board by NATABOC or its successor agency that the applicant has met the all requirements for certification of the NATABOC and has passed the certification examination administered by the NATABOC.
Section 7. AT 2.02 (2) (Note) is repealed.
Section 8. AT 2.03, 2.04, and 2.05 are repealed.
Section 9. AT 3.01 is amended to read:
AT 3.01 Approved courses of study. For purposes of satisfying the continuing education requirement requirements of s. 448.9545, Stats., the board shall approve a course of study approved by the board is a course that has been approved for continuing education credit by NATABOC or its successor agency.
Section 10. AT 3.03 is amended to read:
AT 3.03 Evidence of compliance. For the renewal of any license granted under subch. VI of ch. 448, Stats., the The board will shall accept as evidence of compliance with this chapter certification by the NATABOC or its successor agency that the licensee has attended and completed continuing education programs approved under the provisions of s. AT 3.01. Section 11. AT 3.05 is amended to read:
AT 3.05 Audit. The board may require shall audit any licensee to submit his or her evidence of who is under investigation by the board for alleged misconduct for compliance with the continuing education requirements to audit compliance.
Section 12. AT 4.01 (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.), and (5) are amended to read:
AT 4.01 (1) (intro.) Authorization for taking Taking a basic medical history when necessary for evaluation and treatment of an athletic injury or illness sustained while participating in physical activity. that A basic medical history may include any of the following:
(2) (intro.) Authorization to evaluate the athletic Evaluating an injury utilizing or illness sustained while participating in physical activity. An evaluation may include any of the following procedures:
(3) (intro.) Authorization to utilize treatment procedures to treat Treating an athletic injury including or illness sustained while participating in physical activity. Treatment may include any of the following procedures:
(4) (intro.) Authorization to utilize rehabilitation procedures to rehabilitate Rehabilitating an athletic injury including or illness sustained while participating in physical activity. Rehabilitation may include any of the following procedures:
(5) Authorization to administer Administering specifically enumerated drugs.
Section 13. AT 4.01 (Note) is repealed.
