This statement of scope was approved by the Governor on October 10, 2013.
Rule No.
Relating to
Unprofessional Conduct.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule is to modernize the unprofessional conduct rules governing licensed massage therapists and bodywork therapist to reflect current trends in the profession.
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
Currently, Wis. Admin Code s.
MTBT 5.01 — Unprofessional Conduct sets forth the existing grounds for disciplinary actions against massage therapists and bodywork therapists in Wisconsin. With the passage of
2009 Wisconsin Act 355, the Massage Therapy and Bodywork Council was transformed into the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board. (MTBT Board). The Act granted the newly formed MTBT Board rule-making authority and provided that the MTBT Board would now be attached to the Medical Examining Board. The MTBT Board has seized this opportunity to undertake a review of its current unprofessional conduct rules.
The legislature fully purposed delegating rule-making authority to the MTBT Board to establish ethical standards of conduct for massage therapist and bodywork therapist as evidenced by s.
460.04, Stats., which states the MTBT Board may promulgate rules that establish standards that govern the professional conduct of MTBT licensees. The Board's review of the current unprofessional conduct rules will not result in a significant policy change but rather a further clarification of the ethical goals of the profession.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats., discusses the parameters of an agency's rule-making authority stating, an agency “may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Massage Therapy and Bodywork Therapy Affiliated Credentialing Board falls within this definition. Therefore, it may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rules do not exceed the proper interpretation of the statute.
Section
460.04 (2) (a), Stats., authorizes the MTBT Board to promulgate rules, “that govern the professional conduct of license holders in practicing massage therapy or bodywork therapy."
This section is an express grant of authority to draft rules regarding unprofessional conduct. Section
460.14 (2) (a) through
(j), Stats., sets forth a number of grounds for disciplinary action by the MTBT Board. The Board may reprimand, deny, limit, suspend, or revoke a licensee including but not limited to the following conduct: making a material misstatement in an application for licensure, false or deceptive advertising, practicing under another's name, practicing while impaired by alcohol or other drugs, making a false statement, engaging in conduct that jeopardizes the health, safety, or welfare of a client, engaging in conduct that illustrates a lack of knowledge or skills as a massage therapist or bodywork therapist.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
It is estimated that state employees may spend up to 70 hours in developing the proposed rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
MTBT instructors, students who are currently matriculating in MTBT educational programs, and licensed MTBT professionals.
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 Department estimates that this rule will not result in any economic impact on small businesses.
9. Contact Person
Shawn Leatherwood, (608) 261-4438.
Safety and Professional Services —
Optometry Examining Board
This statement of scope was approved by the Governor on October 15, 2013.
Rule No.
Relating to
Updating board and profession practices.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The Optometry Examining Board reviewed their rules per Executive Order #61. The Board proposes to update the chapter on organization of the Board as well as update unprofessional conduct and the use of diagnostic and therapeutic pharmaceutical agents and removal of superficial foreign bodies from an eye chapters to reflect current standards and practices.
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
Currently the Board is required to use the latest copyright of Robert's Rules of Order to conduct business. The Board also has antiquated procedures for membership in international association of boards and payment of fees for delegates.
In addition, the Board would like to modify s.
Opt 5.11 and ch.
Opt 6 to reflect current practices in an effort to reduce the burden on business and remove outdated standards.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b). Each examining board: shall 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Board members, licensees, and consumers.
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)
There is minimal or no economic impact of implementing this rule and is not likely to have a significant economic impact on small businesses.
9. Contact Person
Sharon Henes, Administrative Rules Coordinator
(608) 261-2377
