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 Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435.
Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; 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 8:30 a.m. on November 21, 2019, to be included in the record of rule-making proceedings.
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TEXT OF RULE
Section 1.   Chir 5.01 (1) (a) is amended to read:
  Chir 5.01 (1) (a) Every chiropractor shall complete at least 40 continuing education credit hours in approved continuing education programs during each 2-year license registration period ending on December 14 15 of each even-numbered year, except as specified in s. Chir 3.02 (1) (c).
Section 2.   Chir 5.01 (1) (g) is created to read:
  Chir 5.01 (1) (g)Beginning with the license registration period ending on December 15, 2022, up to 8 of the continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.
Section 3.   Chir 5.01 (1g) (a) is amended to read:
  Chir 5.01 (1g) (a) Every chiropractic radiological technician shall complete at least 12 continuing education credit hours in approved continuing education programs during each 2-year certificate registration period ending on December 14 15 of each even-numbered year. A chiropractic radiological technician who receives an initial certificate during a licensing biennium is not required to satisfy the continuing education requirement from the date of that certificate to the end of that licensing biennium.
Section 4.   Chir 5.01 (1g) (c) is created to read:
  Chir 5.01 (1g) (c) Beginning with the certificate registration period ending on December 15, 2022, up to 4 of the continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.
Section 5.   Chir 5.01 (1r) (a) is amended to read:
  Chir 5.01 (1r) (a) Every chiropractic technician shall complete at least 6 continuing education credit hours in approved continuing education programs during each 2-year certificate registration period ending on December 14 15 of each even-numbered year. A chiropractic technician who receives an initial certificate during a licensing biennium is not required to satisfy the continuing education requirement from the date of that certificate to the end of that licensing biennium.
Section 6.   Chir 5.01 (1r) (c) is created to read:
  Chir 5.01 (1r) (c) Beginning with the certificate registration period ending on December 15, 2022, up to 2 of the continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.
Section 7.   Chir 5.01 (2) (b) and (3) are amended to read:
  Chir 5.01 (2) (b) If the chiropractor, chiropractic radiological technician, or chiropractic technician has failed to meet the credential renewal requirement during the period, continuing education hours acquired on or after December 14 15 of any even-numbered year will apply to the preceding period only if the chiropractor, chiropractic radiological technician, or chiropractic technician has failed to meet the credential renewal requirement during that period, and will not apply to any other period or purpose.
  (3)To obtain credit for completion of continuing education programs, a chiropractor, chiropractic radiological technician, or chiropractic technician shall certify on his or her the application for credential renewal that he or she has completed all continuing education credits have been completed as required in under this section for the previous 2-year credential registration period. A chiropractor, chiropractic radiological technician, or chiropractic technician shall retain for a minimum period of 4 years, and shall make available to the board or its agent upon request, certificates of attendance issued by the program sponsor for all continuing education programs for which he or she claims credit for purposes of renewal of his or her credential. Chiropractors, chiropractic radiological technicians, or chiropractic technicians attending a program for credit shall be present in the room where a program is being presented in order to claim credit. A chiropractor, chiropractic radiological technician, or chiropractic technician may claim credit hours for continuing education for which he or she was in actual attendance in the room, except for authorized break periods or to attend to personal hygiene needs.
Section 8.   Chir 5.01 (4) to (6) are created to read:
  Chir 5.01 (4)A chiropractor, chiropractic radiological technician, or chiropractic technician shall retain a certificate or other evidence of attendance issued by the program sponsor for a minimum of 4 years from the date of completion of a continuing education program.
  (5)The board shall require any chiropractor, chiropractic radiological technician, or chiropractic technician who is under investigation by the board for alleged misconduct to submit evidence of compliance with the continuing education requirements under this section.
  (6)Except as provided under subs. (1) (g), (1g) (c), and (1r) (c), credit may only be claimed for completing a program in which an instructor employs an in person, classroom-type presentation and the chiropractor, chiropractic radiological technician, or chiropractic technician is in attendance in the same room as the instructor. A home study or other distance learning program may be approved for credit only in cases of extreme hardship, as determined by the board.
Section 9.   Chir 5.02 (1) (intro.), (a), (b), (bm), (c), (f), and (h) are amended to read:
  Chir 5.02 (1) (intro.)The board may approve a continuing education program which that meets all of the following minimum requirements:
  (a) The program is sponsored by the Wisconsin chiropractic association Chiropractic Association, the American chiropractic association, the international chiropractors association International Chiropractors Association, a college of chiropractic approved by the board, or a college of medicine or osteopathy accredited by an agency recognized by the United States department of education.
  (b) Chiropractors. The For a continuing education program required under s. Chir 5.01 (1) (a), the program subject matter relates contributes to improving the clinical skills of a chiropractor and is generally taught at the undergraduate or postgraduate level of a chiropractic college meeting the requirements of s. Chir 2.02 (6) (b) the advancement, extension, and enhancement of the clinical skills of a chiropractor and fosters the enhancement of general or specialized practice and values. The board will not approve credit for continuing education regarding a technique or practice which the board has determined to be unsafe or ineffective.
  (bm) Chiropractic radiological technician and chiropractic technician. The For a continuing education program required under s. Chir 5.01 (1g) (a) or (1r) (a), the program subject matter relates to improving the clinical skills of a chiropractic radiological technician or chiropractic technician, as applicable.
  (c) The program sponsor agrees to provide a responsible person to monitor and verify the attendance of each registered chiropractor, chiropractic radiologic radiological technician, or chiropractic technician, as applicable, at participating in the program, and the program sponsor agrees to keep the records of attendance for 3 years from the date of the program and to furnish each participant with evidence of having attended the program. This paragraph does not apply to an online continuing education program.
  (f) When If a course instructor of the program is on the undergraduate or postgraduate faculty of a chiropractic college, the program sponsor has provided written verification that the course instructor has been appointed in accordance with the accreditation standards of the council Council on chiropractic education Chiropractic Education, and that the chiropractic college exercises sufficient supervision over a faculty member's course content.
  (h) The A course instructor is qualified to present of the program has qualifications appropriate for presenting the course.
Section 10.   Chir 5.02 (1) (i) is created to read:
  Chir 5.02 (1) (i)For an online continuing education program, the program includes a written assessment instrument that is designed to ensure the chiropractor, chiropractic radiological technician, or chiropractic technician, as applicable, actively participated in the presentation of material and derived a measurable benefit from participation, and also includes means to furnish each participant with evidence of having attended the program.
Section 11.   Chir 5.02 (2) (a) is amended to read:
  Chir 5.02 (2) (a) Continuing education programs may include subject material other than that which relates to improving the clinical skills of a chiropractor and is generally taught at the undergraduate or postgraduate level of a chiropractic college, meeting the requirements of s. Chir 2.02 (6) (b) that does not meet the requirements under sub. (1) (b). However, only the parts of the program which relate to improving the clinical skills of a chiropractor and are generally taught at the undergraduate or postgraduate level of a chiropractic college that include subject material that meets the requirements under sub. (1) (b) are eligible for credit.
Section 12.   Chir 5.02 (3) is repealed.
Section 13.   Chir 5.02 (4) (a) 4., 5., and 6. are amended to read:
  Chir 5.02 (4) (a) 4. Be complete as prescribed in this subsection and filed with the board no later than 75 days prior to the program date or, for an online continuing education program, the date on which the program will first be eligible for continuing education credit. An application is not considered complete until such time as all information required to be submitted with the application, and any supplementary information requested by the board, is received by the board.
  5. Include evidence of the program sponsor's verification showing to the satisfaction of the board that the subject matter is generally taught at the undergraduate or postgraduate level of a chiropractic college meeting the requirements of s. Chir 2.02 (6) (b) and relates to improving the clinical skills of a chiropractor meets the requirements under sub. (1) (b). A detailed course outline or syllabus describing the subject matter of the program, and the amount of time devoted to each section of the outline or syllabus shall be attached to the application.
 
  6. Describe the names and qualifications of all instructors, and if applicable, whether an instructor of the program who is an undergraduate or postgraduate faculty member of a sponsoring college was appointed in accordance with accreditation standards of the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor department of education.
Section 14.   Chir 5.03 (intro.) is amended to read:
  Chir 5.03 (intro.)Application denials. The board may shall deny approval of an application for any of the following reasons:
Section 15.   Chir 5.03 (6) is created to read:
  Chir 5.03 (6)The program subject matter relates to practice that is prohibited under s. Chir 4.05.  
Section 16. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.
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(END OF TEXT OF RULE)
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