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STATE OF WISCONSIN
Physical Therapy Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
PHYSICAL THERAPY EXAMINING BOARD
PROPOSED ORDER OF THE PHYSICAL THERAPY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Physical Therapy Examining Board to create ch. PT 10 relating to authority of physical therapists to order x-rays.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted:
Section 448.56 (7) (a), Stats.
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides examining boards “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”
Section 448.56 (7) (a) (intro.), Stats., provides “[a] physical therapist may order X−rays to be performed by qualified persons only if the physical therapist satisfies one of the following qualifications, as further specified by the examining board by rule …”
Related statute or rule:
None.
Plain language analysis:
As required by 2015 Wisconsin Act 375, the proposed rules specify the qualifications a physical therapist is required to satisfy to order X-rays.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
The following rules governing the practice of physical therapy in Illinois, Iowa, Michigan, and Minnesota do not explicitly authorize or prohibit the ordering of X-rays by physical therapists:
Illinois: 68 Ill. Adm. Code 1340
Iowa: 645 IAC 200 to 203
Michigan: Mich Admin Code, R 338.7101 to R 338.7150
Minnesota: Minnesota Rules, Chapter 5601
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions of 2015 Wisconsin Act 375 and obtaining input and feedback from the Physical Therapy Examining Board.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were 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 document 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 Jeffrey.Weigand@wisconsin.gov, or by calling (608) 267-2435.
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