Statement of Scope
Chiropractic Examining Board
Relating to: | Nutritional Counseling Certification |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
The Chiropractic Examining Board will conduct an evaluation and update of ch. Chir 12 to ensure the definitions under s. Chir 12.01 and the criteria for granting a certificate for nutritional counseling under s. Chir 12.02 and approval of nutritional counseling educational programs under s. Chir 12.03 are consistent with current professional and academic practices and applicable Wisconsin statutes. 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:
The Board has identified the need for an evaluation and update of its rules as identified above to ensure they are consistent with current practices and applicable Wisconsin statutes. The alternatives of either partially updating or not updating these rules would be less beneficial to affected entities.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
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., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 446.02 (2) (c), Stats., provides “[t]he examining board shall issue a certificate to a chiropractor who is licensed under this chapter, who submits satisfactory evidence that the chiropractor has completed 48 hours of postgraduate study in nutrition that is approved by the examining board, and who pays a one-time certification fee of $25, except that no certificate fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s. 45.44.” 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
70 hours
6. List with description of all entities that may be affected by the proposed rule:
Wisconsin licensed chiropractors and their patients.
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 proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole.
