CR 17-058 Rule Text

STATE OF WISCONSIN

Chiropractic Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

CHIROPRACTIC EXAMINING BOARD

ORDER OF THE CHIROPRACTIC EXAMINING BOARD

ADOPTING RULES

(CLEARINGHOUSE RULE 17-058)

ORDER

An order of the Chiropractic Examining Board to amend ch. Chir 3 (title) and Chir 3.02 (1) (intro.), relating to license renewal.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 440.08 (2) (a) 24., Stats.

Statutory authority:

Sections 15.08 (5) (b) and 227.11 (2) (a), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides that examining boards, such as the Chiropractic Examining Board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains . . .”

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 the statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . .” This section allows an agency to promulgate administrative rules that interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper statutory interpretation. Section 227.01 (1), Stats., defines agency as a board. The Chiropractic Examining Board falls within the definition of agency and is therefore allowed to apply s. 227.11 (2) (a), Stats., to statutes it administers.

Related statute or rule:

None.

Plain language analysis:

The rules revise the title of ch. Chir 3 to better reflect the content of the chapter and revise the license renewal deadline under s. Chir 3.02 (1) (intro.) from December 31 to December 15 to align with the renewal date under s. 440.08 (2) (a) 24., Stats.

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

None.

Comparison with rules in adjacent states:

Illinois: Rules of the Illinois Department of Financial and Professional Regulation specify the requirements for renewal of a license to practice chiropractic in Illinois (68 Ill. Adm. Code 1285.120).

Iowa: Rules of the Iowa Board of Chiropractic specify the requirements for renewal of a license to practice as a chiropractic physician in Iowa (645 IAC 41.8).

Michigan: Rules of the Michigan Department of Licensing and Regulatory Affairs specify the requirements for renewal of a license to practice chiropractic in Michigan (Mich Admin Code, R 338.12008).

Minnesota: Rules of the Minnesota Board of Chiropractic Examiners specify the requirements for renewal of a license to practice chiropractic in Minnesota (Minnesota Rules, Part 2500.1000).

Summary of factual data and analytical methodologies:

The rules revise the title of ch. Chir 3 to better reflect the content of the chapter and update the license renewal deadline specified in s. Chir 3.02 (1) (intro.) to align with the renewal date under s. 440.08 (2) (a) 24., Stats. No additional factual data or analytical methodologies were used to develop the rules.

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.