SECTION 12. adds language to s.
OT 4.03 (1) (a) specifying the objectives of occupational therapy.
SECTION 13. amends the title in s.
OT 4.03 (2) by striking the terms “referral" and “physician".
SECTION 14. removes terms and clarifies the distinction between orders and referrals.
SECTION 15. adds terms to substitute health care professional instead of health care provider as well as updated terms related to performance skills and performance patterns.
SECTION 16. clarifies the terms related to program implementation.
SECTION 17. amends s.
OT 4.03 (6) (b) and
(c) by adding terms that specify the support system that should be in place for discontinuation of services.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: The Illinois Occupational Therapy Practice Act Ill. Admin. Code tit. 68 §1315.100 governs OT practice in Illinois. The code sets forth provisions for modalities in occupational therapy, supervision of occupational therapy assistants and several other sections that the Wisconsin rules do not cover.
Iowa: Iowa administrative code defines occupational therapy practice which includes physical agent modalities 645 IAC 206.1, and sets forth a Code of Ethics for occupational therapist 645 IAC 208.1, and grounds for discipline. 645 IAC 209. Other topics covered include continuing education and supervision requirements.
Michigan: In Michigan Occupational Therapists are governed under the Public Health Code 333.18313 MCL and the Department of Consumer and Industry Services. Michigan statutes and administrative code do not set forth provisions regarding modalities in occupational therapy or practice and supervision nor does it outline topic areas for the completion of continuing education credits unlike the current Wisconsin rules.
Minnesota: Minnesota statutes govern the scope of practice for Occupational Therapists. Minn. Stat. §§
148.6401-
148.6450. The provisions cover such topics as physical agent modalities and supervision of occupational therapy assistants similar to the current Wisconsin rules.
Summary of factual data and analytical methodologies
The impetus for the proposed rule was a review by the Board which indicated that there was a gap between terminology currently being used in the profession and the language that was in the rule. The Board decided to address this issue by drafting the proposed rule. No other factual data or analytical methodologies were used.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
These proposed rules will not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Fiscal Estimate and Economic Impact Analysis
See the attached Fiscal Estimate and Economic Impact Analysis.
Initial Regulatory Flexibility Analysis or Summary
None.
Environmental Assessment/Statement
None.
Agency Contact Person
Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at
Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
OT 1, 2., 3,
|
3. Subject
|
Occupational therapy practice standards
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (1) (g)
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The Occupational Therapist Affiliated Credentialing Board reviewed its rules and determined that several key areas in the rules were not typical of practice within the profession. The Board was also prompted by the American Occupational Therapy Association (AOTA) to modernize its rules and make them more consistent with the AOTA's Model Practice Act. Ultimately, by promulgating the proposed rule, the Board seeks to update the current rules to reflect changes in occupational therapy practice.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
This proposed rule will primarily affect licensed occupational therapists and occupational therapy assistants. The rule was posted on the Department of Safety and Professional Services website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from any business, business sectors, and associations representing business, local governmental units, or interested individuals regarding the rule.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental Units or the State's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The proposed rule will provide greater guidance for practicing occupational therapists and occupational therapy assistants on standards within their profession.
|
14. Long Range Implications of Implementing the Rule
|
The proposed rule will bring the current rules in line with practice within the occupational therapy profession.
|
15. Compare With Approaches Being Used by Federal Government
|
None.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: The Illinois Occupational Therapy Practice Act Ill. Admin. Code tit. 68 §1315.100 governs OT practice in Illinois. The code sets forth provisions for modalities in occupational therapy, supervision of occupational therapy assistants and several other sections that the Wisconsin rules do not cover.
Iowa: Iowa administrative code defines occupational therapy practice which includes physical agent modalities 645 IAC 206.1, and sets forth a Code of Ethics for occupational therapist 645 IAC 208.1, and grounds for discipline. 645 IAC 209. Other topics covered include continuing education and supervision requirements.
Michigan: In Michigan Occupational Therapists are governed under the Public Health Code Act 368 of 1978 MCL and the Department of Consumer and Industry Services. Michigan statutes and administrative code do not set forth provisions regarding modalities in occupational therapy or practice and supervision nor does it outline topic areas for the completion of continuing education credits unlike the current Wisconsin rules.
Minnesota: Minnesota statutes govern the scope of practice for Occupational Therapists. Minn. Stat. §§ 148.6401 -148.6450. The provisions cover such topics as physical agent modalities and supervision of occupational therapy assistants similar to the current Wisconsin rules.
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Podiatry Affiliated Credentialing Board in sections 227.11 (2) (a), 448.695 (3), 462.02 (2) (f), Wis. Stats., and interpreting section 462.02 (2) (f), Wis. Stats., the Podiatry Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to amend section
Pod 1.02 (intro) and create sections
Pod 1.02 (2m) and
(6m) and
7.01 (title), relating to podiatric x-ray assistants.
Hearing Information
Date: Tuesday, February 4, 2014
Time: 10:000 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on
February 4, 2014, to be included in the record of rule-making proceedings.
Copies of Rule
Analysis prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Pursuant to s.
227.11 (2) (a), Stats., the Podiatrist Affiliated Credentialing Board (Board) is generally empowered by the legislature to promulgate rules that will provide guidance within the profession and rules that interpret the statutes it enforces or administers. Section
448.695 (3), Stats., specifically empowers the Board to, “promulgate rules specifying the requirements for a course of instruction related to x-ray examinations by persons under the direct supervision of a podiatrist. . ." The proposed rule seeks to carry out this mandate by specifying the necessary course of instruction for podiatric x-ray assistants. Therefore, the Board is empowered both generally and specifically to promulgate the proposed rule.
Related statute or rule
None.
Plain language analysis
The proposed rule deals with the requirements for a course of instruction for x-ray examinations by persons under the direct supervision of a podiatrist. Generally, a person who practices radiography is required to be credentialed by the Radiography Examining Board . However, under s.
462.02 (2) (f), Stats., if a person is under the direct supervision of a podiatrist and has successfully completed a course of instruction approved by the Podiatrists Affiliated Credentialing Board they are not required to have a permit to conduct radiography. Pursuant to s.
448.695 (3), Stats., the Board is authorized to promulgate rules that identify the specific courses a person who is under the direct supervision of a podiatrist must complete in order to be qualified to conduct podiatric x-ray examinations. The statue also requires the Podiatry Examining Board to consult with the Radiography Examining Board in drafting the proposed course of instruction.
Summary of, and comparison with, existing or proposed federal regulation
The Consumer-Patient Radiation Health & Safety Act of 1981, 42 USCS 10001, et seq. establishes federal guidelines for standards of accreditation of educational programs for certain occupations that administer radiologic procedures. The standards are in place to protect the public from excessive exposure to radiation by health care professionals who most often use radiation in the treatment of disease or other medical conditions. The regulations are directed towards radiographers, dental hygienists, dental assistants, nuclear medicine technologists, and radiation therapy technologists.
42 USCS § 10003 (5) broadly defines, “persons who administer radiologic procedures" as any person, other than a practitioner, who intentionally administers radiation to other persons for medical purposes and includes medical radiologic technologists (including dental hygienists and assistants), radiation therapy technologists and nuclear medicine technologists."
42 CFR 75.2 defines radiation therapy technologist as, “a person other than a licensed practitioner who utilizes ionizing radiation-generating equipment for therapeutic purposes on human subjects." Although non-licensed personnel who assist podiatrists, the topic of these proposed rules, are not specifically addressed, they could be captured under the broad definition of radiation therapy technologists. The federal statute and regulations are comparable to the proposed rule in that they both set forth course instructions for persons who administer radiologic procedures such as podiatric x-ray assistants.
Comparison with rules in adjacent states
Illinois: Technicians under the general supervision of a podiatric physician are exempt from being certified. Ill Admin. Code tit. 32 §
401.30 (5).
Iowa: Iowa grants permits to podiatric X-ray equipment operators defined as one who “performs radiography of only the foot and ankle using dedicated podiatric equipment". IAC 641-42.2 (136C).
Michigan: Michigan does not regulate podiatric x-ray assistants.
Minnesota: Minnesota regulates limited x-ray operators. They may only practice medical radiography on limited regions of the body as long as he or she has successfully passed the American Registry of Radiologic Technologists (ARRT) exam, or the American Chiropractic Registry of Radiologic Technologists (ACRRT) exam. Minn. Stats. 144.121 subd. 5a.
Summary of factual data and analytical methodologies
The Board ensures the accuracy, integrity, objectivity and consistency of the data used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
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
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Initial Regulatory Flexibility Analysis or Summary
None.
Agency Contact Person
Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at
Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
165-POD 1, 7
|
3. Subject
|
Pod X-ray assistants
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165(1)(g)
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule sets forth the required course of instruction for persons who will be conducting radiography under the direct supervision of a licensed podiatric physician. Pursuant to s. 462.02 (1) (a), Stats., a person must be credentialed by the Radiography Examining Board in order to conduct radiography. However under, 462.02 (2) (f), Stats., a person conducting radiography under the direct supervision of a podiatrist who has successfully completed a course of instruction approved by the Podiatrists Affiliated Credentialing Board is exempt from the requirement. This proposed rule will identify the required course of instruction approved by the Podiatrists Affiliated Credentialing Board for persons who will be directly supervised by a podiatrist.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
The proposed rule will primarily affect licensed podiatrist and podiatric x-ray assistants working under the direct supervision of a licensed podiatrist. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from businesses, business sectors, and associations representing business, local governmental units, and other individuals that may be affected by the proposed rule. No comments were received from the public regarding the rule.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
The proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The benefit of implementing this rule is to give guidance within the profession for persons who seek to practice podiatric radiography, prevent the excessive use of radiation by health care professionals, and to protect the public from excessive exposure to radiation by health care professionals who use radiation in the treatment of disease or other medical conditions.
|
14. Long Range Implications of Implementing the Rule
|
There will be greater consistency in the training of persons who will be conducting podiatric radiography and greater protection of the public from excessive exposure to radiation.
|
15. Compare With Approaches Being Used by Federal Government
The Consumer-Patient Radiation Health & Safety Act of 1981, 42 USC 10001, et seq. establishes federal guidelines for standards of accreditation of educational programs for certain occupations that administer radiologic procedures. The standards are in place to protect the public from excessive exposure to radiation by health care professionals who use radiation in the treatment of disease or other medical conditions. The regulations are directed towards radiographers, dental hygienists, dental assistants, nuclear medicine technologists, and radiation therapy technologists. The federal statute and regulations are comparable to the proposed rule in that they both set forth course instructions for persons who administer radiologic procedures such as podiatric x-ray assistants.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois: Technicians under the general supervision of a podiatric physician are exempt from being certified. Ill Admin. Code tit. 32 §401.30
Iowa: Iowa grants permits to podiatric X-ray equipment operators defined as one who “performs radiography of only the foot and ankle using dedicated podiatric equipment". IAC 641-42.2 (136C).
Michigan: Michigan does not regulate podiatric x-ray assistants.
Minnesota: Minnesota regulates limited x-ray operators. They may only practice medical radiography on limited regions of the body as long as he or she has successfully passed the American Registry of Radiologic Technologists (ARRT) exam, or the American Chiropractic Registry of Radiologic Technologists (ACRRT) exam. Minn. Stats. 144.121 subd. 5a.
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Psychology Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in sections 15.08 (5) (b) and 455.065 (1) and (3), Wis. Stats., and interpreting sections 455.06 and 455.065, Wis. Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section
Psy 4.03; amend Chapter
Psy 4 (title); repeal and recreate section
Psy 4.02; and create sections
Psy 4.015,
4.03,
4.04, and
4.05, relating to psychology continuing education.
Hearing Information
Date: Wednesday, January 15, 2014
Time: 9:000 a.m.
Location: 1400 East Washington Avenue
Room 199B
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Sharon.Henes@wisconsin.gov. Comments must be received at or before the public hearing to be held on
January 15, 2014, to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Sharon.Henes@wisconsin.gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession.
Specifically, the board shall promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license, the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses, and the criteria for the approval of continuing education programs and courses required for the exemptions from the examination requirements under s.
455.04 (1) (e) and
(4) (f).
