CR 24-050 Rule Text

STATE OF WISCONSIN

OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   OCCUPATIONAL THERAPISTS

OCCUPATIONAL THERAPISTS     :   AFFILIATED CREDENTIALING

AFFILIATED CREDENTIALING     :   BOARD

BOARD           :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 24-050)

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ORDER

An order of the Occupational Therapists Affiliated Credentialing Board to amend OT 1.01 , 2.01, 2.03 (2) (e), 4.03 (2), (3) (f) and (g), and (4 ) (d), 5.02 (3), (4), (5), (6), (8), (9), (12), and (15) and create 1.02 (6g), (6r), (14e), (11m), (14m), (14s), (27), 2.09 and 3.03 (3) (Note), relating to implementation of the Occupational Therapy Licensure Compact.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted: Subchapter XII of ch. 448, Stats.

Statutory authority: Sections 15.085 (5) (b), 227.11 (2) (a) (intro.), and 448.9875 (3), Stats.

Explanation of agency authority:

Section 15.085 (5) (b), Stats., provides that each affiliated credentialing board “[s]hall 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.”

Section 227.11 (2) (a) (intro.), Stats., provides that “each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation…”

Section 448.9875 (3), Stats., provides that “[t]he examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.987 (4) (a) 9., if such a requirement is imposed by the examining board under s. 448.964 in order to obtain a license under s. 448.963.”

Related statute or rule: Wisconsin Administrative Code Section OT 2.03

Plain language analysis:

_Hlk46206682 The Occupational Therapists Affiliated Credentialing Board conducted a comprehensive evaluation of its rules to implement the Occupational Therapy Licensure Compact to ensure clarity and consistency with applicable Wisconsin statutes. The following updates were made:

• • Created definitions of “occupational therapist,” “occupational therapist assistant,” and “occupational therapy.”

• • Created definitions of “compact,” “compact privilege,” and identify the requirements for obtaining a compact privilege, including a requirement that an individual seeking a compact privilege successfully complete a jurisprudence examination.

• • Created a definition of a “health care provider” to include an occupational therapist or an occupational therapy assistant licensed under ch. 448 who holds a compact privilege under subch. XII of ch. 448.

• • Amended the definition of “supervisor” to specify it includes a person holding an occupational therapist compact privilege granted by the Board but does not include a person holding a temporary license.

• • Amended the unprofessional conduct requirements in s. OT 5.02 to also apply to those licensed under compact privileges as needed.

Summary of, and comparison with, existing or proposed federal regulation: None.

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A.

Comparison with rules in adjacent states:

Illinois: Illinois has applied, but is not yet a member state of the Occupational Therapy Licensure Compact.

Iowa: Iowa is a member state of the Occupational Therapy Licensure Compact. Rules of the Iowa Board of Physical and Occupational Therapy address issuing a compact privilege and the practice of Occupational Therapy under a compact privilege [645 Iowa Administrative Code Section 200.3].

Michigan: Michigan has applied, but is not yet a member state of the Occupational Therapy Licensure Compact.

Minnesota: Minnesota is a member state of the Occupational Therapy Licensure Compact. Minnesota Statutory requirements for Occupational Therapy include issuing compact privileges and practice of Occupational Therapy under a compact privilege [ 2024 Minnesota Statutes Section 148.645]

Summary of factual data and analytical methodologies:

_Hlk46389083 The proposed rules were developed by reviewing subch. XII of ch. 448, Stats., which ratifies the Occupational Therapy Licensure Compact, and conducting a comprehensive evaluation and update of the Occupational Therapy Examining Board’s rules to implement the Compact.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rule was 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].