CR 20-016 Rule Text

AFFILIATED CRENDENTIALING BOARD

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IN THE MATTER OF RULE-MAKING   :       ORDER OF THE PROCEEDINGS BEFORE THE   :     OCCUPATIONAL THERAPISTS OCCUPATIONAL THERAPISTS   :   AFFILIATED CREDENTIALING AFFILIATED CREDENTIALING   :         BOARD

BOARD   :   ADOPTING RULES

:   (CLEARINGHOUSE RULE 20-016)

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ORDER

An order of the Occupational Therapists Affiliated Credentialing Board to repeal OT 3.06 (3) (Note); to amend ch. OT 3 (title), OT 3.01 to 3.04, 3.05 (intro.), (1), (2), and (3)

(intro.) and (a), and 3.06 (1) to (3), (3) (table) lines (c), (d), (f), (n), (p), and (q), (4), and (5); and to create OT 3.06 (3) (table) (title), relating to biennial registration.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 440.03 (4m), Stats.

Statutory authority:

Sections 15.085 (5) (b) and 448.965 (1) (b), Stats.

Explanation of agency authority:

Section 15.085 (5) (b), Stats., provides an affiliated credentialing board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” The rule provides guidance concerning the supervision and practice of occupational therapy assistants.

Section 448.965 (1) (b), Stats., provides the Occupational Therapists Affiliated Credentialing Board may promulgate rules that establish “[c]ontinuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 (2).”

Related statute or rule:

None.

Plain language analysis:



Section OT 3.05 (2) and (3) (intro.) are revised to clarify the requirements for reinstatement apply to a licensee whose license has been denied at renewal.



Section OT 3.06 (5) 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 ch. OT 3 have been revised to ensure consistency in terminology and compliance with current renewal methodology, standards for drafting style and format, and applicable Wisconsin statutes.

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

None.

Comparison with rules in adjacent states:

Illinois: 68 Ill. Admin. Code 1315.145 f) 2) provides the requirements for retention and production of evidence of compliance with the continuing education requirements. The Division of Professional Regulation of the Illinois Department of Financial and Professional Regulation may require additional evidence demonstrating compliance with the continuing education requirements. It is the responsibility of each applicant for renewal to retain or otherwise produce evidence of such compliance.

Iowa: 645 IAC 4.11 provides the requirements for retention and production of evidence of compliance with the continuing education requirements. The Iowa Board of Physical and Occupational Therapy may select licensees for audit following license renewal. Upon audit, a licensee is required to provide an individual certificate of completion issued to the licensee or evidence of successful completion of the course from the course sponsor. All licensees must retain documentation of compliance with the continuing education requirements for two years following license renewal.

Michigan: Mich Admin Code, R 338.1251 provides the requirements for certification of compliance and requirements for retention and production of evidence of compliance with the continuing education requirements. Submission of an application for renewal constitutes an applicant’s certification of compliance with the continuing education requirements, and all licensees are required to retain documentation of meeting the requirements for a period of 4 years from the date of applying for license renewal. The Michigan Board of Occupational Therapists may require an applicant or licensee to submit evidence to demonstrate compliance with the continuing education requirements.

Minnesota: The Minnesota Statutes provide the requirements for retention and production of evidence of compliance with the continuing education requirements (Minnesota Statutes 2017, section 148.6443, Subds. 5. and 6.). Within one month following licensure expiration, each licensee must submit a continuing education report form provided by the Minnesota Board of Occupational Therapy Practice verifying the continuing education requirements have been met. The Board may audit a percentage of the continuing education reports based on random selection. In addition, renewal applications that are received after the expiration date and any licensee against whom a complaint is filed may be subject to a continuing education report audit. Licensees are required to maintain all required documentation for two years after the last day of the biennial licensure period in which the continuing education was obtained.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of ch. OT 3 to ensure consistency with current standards for drafting style and format 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].

Agency contact person:

Jameson Whitney, Attorney, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

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TEXT OF RULE

SECTION 1.   Chapter OT 3 (title) is amended to read:

CHAPTER OT 3

BIENNIAL REGISTRATION LICENSE RENEWAL

SECTION 2.   OT 3.01 to 3.04 are amended to read:

(See PDF for image)OT 3.01   Authority and purpose. The rules in this chapter are adopted by the board under the authority of ss. 15.085 (5) (b), 227.11 (2), and 448.965, Stats., to govern biennial registration renewal requirements for occupational therapists and occupational therapy assistants.

OT 3.02   Registration Renewal required; method of registration

(See PDF for image)renewal. Each licensee shall register renew biennially with the board. Prior to June 1 of each odd numbered year, the department shall mail to each licensee at his or her last known address as it appears in the records of the board an application form for registration. Each licensee shall complete the submit a completed renewal application form and return it with the required renewal fee to the department by the date specified in s. 440.08 (2) (a) 52. or 53., Stats., as applicable. The board shall notify a licensee within 30 business days of receipt of a completed renewal application whether renewal is approved or denied.

OT 3.03   Initial registration renewal. Any A licensee who is initially granted and issued a license during a given calendar year shall register for that biennium. The

board shall notify the licensee within 30 business days of receipt of a completed registration form whether the application for registration is approved or denied renew the license as provided under s. OT 3.02 by the date specified in s. 440.08 (2) (a) 52. or 53., Stats., as applicable.

(See PDF for image)(See PDF for image)OT 3.04   Registration Renewal prohibited. Any The license of an occupational therapist or occupational therapy assistant required to comply who has not complied with the provisions of s. OT 3.06, and s. 448.967, (2), Stats., and who has not so complied, will may not be permitted to register renewed.

SECTION 3.   OT 3.05 (intro.), (1), (2), and (3) (intro.) and (a) are amended to read:

OT 3.05 (intro.) Late renewal and reinstatement. Failure to renew a license by June 1 of an odd numbered year to as required under s. OT 3.02 shall cause the a license to expire. A licensee who allows the a license to expire may apply to the board for late renewal or reinstatement of the license by completing one of the following:

(1)

LATE RENEWAL BEFORE WITHIN 5 YEARS. If the a licensee applies for renewal of the license less than within 5 years after its expiration the renewal date, the license shall be renewed upon payment submission of the renewal completed application and fee required under s. OT 3.02, payment of the late fee under s. 440.08 (3) (a), Stats., and fulfillment of the continuing education requirements under s. OT 3.06.

(2)

(See PDF for image)(See PDF for image)(See PDF for image)LATE RENEWAL AFTER 5 YEARS. If the a licensee applies for renewal of the license more than 5 years after its expiration the renewal date, the board shall make such inquiry as it finds necessary to determine whether the applicant is competent to practice under the license in this state,. and Subject to s. 440.08 (3) (b), Stats., the board shall impose any reasonable conditions on the renewal of the license, including oral examination, as the board deems appropriate. All applicants under this section subsection shall be required to pass the open book examination on statutes and rules, which is the same examination given to initial applicants. This Except as provided under sub. (3) (a), this subsection does not apply to licensees who have unmet disciplinary requirements or whose licenses have been denied at renewal, surrendered, or revoked.

(3)

(See PDF for image)(intro.) REINSTATEMENT. A licensee who has unmet disciplinary requirements and failed to renew within 5 years of the renewal date or whose license has been denied at renewal, surrendered, or revoked, may apply to have the license reinstated in accordance with. An application for reinstatement shall include all of the following: