CR 21-065 Rule Text

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of ch. Chir 5 to ensure the rules are consistent with current practices and applicable Wisconsin statutes, and that the Board’s review and approval of continuing education programs is completed as efficiently as possible.

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

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8306; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1.   Chir 5.01 (1) (a), (d), (e), and (f) are 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). Completion of course work and teaching or presenting courses or programs may be counted toward the requirement under this paragraph as provided under pars. (d), (f), and (h).

  (d) Course work completed in pursuit of the educational requirements of ch. Chir 12 may be counted on an hour-for-hour basis as continuing education credit hours.

  (e) Of the 40 continuing education credit hours in par.(a), a chiropractor holding a nutritional counseling certificate issued under ch. Chir 12 shall complete at least 4 continuing education credit hours in approved continuing education programs relating to nutrition.

  (f) One credit Up to two credits of course work completed to become proficient in cardiopulmonary resuscitation certification as required in s. Chir 3.09 and the use of an automated external defibrillator as required in ss. Chir 2.02 (6) (c), 3.02 (1) (e), and 3.03 (1) (i), may be counted as a two continuing education credit hour hours.

Section 2.   Chir 5.01 (1) (g) and (h) are created to read:

  Chir 5.01 (1) (g) No more than 8 of the 40 continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.

  (h) Continuing education credit hours may be counted for teaching or presenting a course or program whose subject matter contributes to the advancement, extension, and enhancement of the clinical skills of a chiropractor and fosters the enhancement of general or specialized practice. One hour of continuing education credit may be claimed for every 50 minutes of instruction or presentation, except continuing education credit hours may not be counted for subsequent presentations of the same course or program.

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) No more than 2 of the 12 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) and (d) are created to read:

  Chir 5.01 (1r) (c) No more than 2 of the 6 continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.

  (d) Up to one credit of course work completed to become proficient in cardiopulmonary resuscitation certification and the use of an automated external defibrillator may be counted as one continuing education credit hour.

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) and (5) 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 may 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.

Section 9.   Chir 5.02 (1) (intro.) is 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:

Section 10.   Chir 5.02 (1) (a) is renumbered Chir 5.02 (1) (a) (intro.) and amended to read:

  Chir 5.02 (1) (a) (intro.) The program is sponsored by the Wisconsin chiropractic association, the American chiropractic association, the 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. one of the following:

Section 11.   Chir 5.02 (1) (a) 1. to 4. are created to read:

  Chir 5.02 (1) (a) 1. The Wisconsin Chiropractic Association.

  2. The International Chiropractors Association.

  3. A college of chiropractic with accreditation that is in good standing from the Council on Chiropractic Education or another accrediting agency whose recognition by the United States department of education is current.

  4. A college of medicine or osteopathy with accreditation that is in good standing from an accrediting agency whose recognition by the United States department of education is current.

Section 12.   Chir 5.02 (1) (b) (title) is repealed.

Section 13.   Chir 5.02 (1) (b) is amended to read:

  Chir 5.02 (1) (b) 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. The board will not approve credit for continuing education regarding a technique or practice which the board has determined to be unsafe or ineffective.

Section 14.   Chir 5.02 (1) (bm) (title) is repealed.

Section 15.   Chir 5.02 (1) (bm) and (c) are amended to read:

  Chir 5.02 (1) (bm) 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 assume responsibility for the accuracy of the continuing education credit awarded to each participant, to keep the records of attendance for 4 years from the date of the program, and to furnish each participant with evidence of having attended the program.

Section 16.   Chir 5.02 (1) (cm) is created to read:

  Chir 5.02 (1) (cm) For an online continuing education program, the program meets all of the following requirements:

  1. The program is at least 50 percent synchronous and provides interactive communication between the participant and the instructor.

  2. The program includes an instrument that is designed to ensure the chiropractor, chiropractic radiological technician, or chiropractic technician, as applicable, actively participated in the presentation of material.

  3. The program includes means to furnish each participant with evidence of having attended the program.

Section 17.   Chir 5.02 (1) (f) and (h), and (2) (a) are amended to read:

  Chir 5.02 (1) (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 on chiropractic education Council on 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.

  (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 18.   Chir 5.02 (3), (4), and (6) (Note) are repealed.

Section 19.   Chir 5.03 is repealed.

Section 20.   Chir 5.04 and 5.05 are created to read:

  Chir 5.04 Application for approval of a continuing education program.

  (1) An application for approval of a continuing education program shall be on a form provided by the board and include all of the following:

  (a) The name and address of the program sponsor and a description of how the program sponsor qualifies under s. Chir 5.02.

  (b) A description of the time and place of the program.

  (c) Evidence of the program sponsor’s verification showing to the satisfaction of the board that the subject matter meets the requirements under s. Chir 5.02 (1) (b) or (bm), as applicable.

  (d) 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.

  (e) The names and a description of the qualifications of all instructors including, 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 or by an agency approved by the United States department of education.

  (f) If the program sponsor intends to assign or delegate any of its responsibilities to another person or entity, all of the following:

  1. A specific description of the assignment or delegation.

  2. The name and address of the person or entity who is assigned or delegated to perform the responsibility, and a description of the qualifications of that person or entity to perform the responsibility.

  3. A description of the method by which the program sponsor intends to assure that the delegated or assigned responsibility is performed.

  Note: Application forms are available on the department's website at http://dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 8935, Madison, Wisconsin 53708, or call [phone].

  (2) An application shall be complete as required under sub. (1) and filed with the board no later than 60 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 considered complete when all information required to be submitted with the application is received by the board.

  (3) The board may require an applicant to submit information in addition to that described in sub. (1) that is necessary to determine if the applicant meets the requirements of this chapter.

  (4) The board shall grant approval of an application if the board determines the program and program sponsor materially meet the requirements under this chapter. If the board does not take action within 50 days of submission of a completed application, the course shall be approved for the first scheduled date that it is eligible for continuing education credit and shall remain approved unless the board takes further action.

  (5) The board shall deny approval of an application for any of the following reasons:

  (a) The program or program sponsor does not meet requirements established in this chapter.

  (b) The emphasis of the program is on the business, management, or insurance aspects of a chiropractic practice rather than on improving the clinical skills of the chiropractor, chiropractic radiological technician, or chiropractic technician, as applicable.

  (c) The board determines the program sponsor has not provided adequate assurance that responsibilities delegated or assigned to others will be satisfactorily performed.

  (d) The program sponsor, an instructor, or a person delegated or assigned a responsibility has a financial, personal or professional interest which conflicts directly with the performance of responsibilities in this chapter.