Statement of Scope
Occupational Therapists
Affiliated Credentialing Board
Relating to: | Licensure requirements |
1. Finding/nature of emergency (Emergency Rule only):
None.
2. Detailed description of the objective of the proposed rule:
The objective of the rule is to update s. OT 2.02 (1) (b) to reflect the requirements for licensure under s. 448.963, Stats. 3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Section OT 2.02 (1) (b) requires an applicant to provide evidence that the applicant is certified as an occupational therapist or occupational therapy assistant by the National Board for Certification in Occupational Therapy (NBCOT). This requirement conflicts with the licensure provisions of s. 448.963, Stats., which require initial certification from NBCOT but do not require the certification be current. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 15.085 (5) (b), Stats., provides that an affiliated credentialing board, such as the Occupational Therapists Affiliated Credentialing Board, “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” 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.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
60 hours
6. List with description of all entities that may be affected by the proposed rule:
Individuals applying for a license to practice occupational therapy.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule is likely to have minimal or no economic impact on small businesses and the state’s economy as a whole.
