CR 17-091 Rule Text

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 repeal PT 2.01 (Note), 9.02 (5), and 9.03 (Note); to renumber and amend PT 9.02 (1m); and to amend PT 2.01 (2), (4), (5), and (8) (a), (b), and (c), 2.03 and (Note), 9.03 (1) and (2), 9.04 (2) and (3) (intro.), Table 9.04 lines (a), (h), (i), (j), (l), and (t), and 9.05, relating to examinations and continuing education.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 440.03 (4m), Stats.

Statutory authority:

Sections 15.08 (5) (b), 448.535 (2), and 448.55 (3), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”

Section 448.535 (2), Stats., provides the Board may waive the licensing requirement to pass an examination, and requires the Board to promulgate rules for granting this waiver.

Section 448.55 (3), Stats., provides “[t]he examining board shall promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant.”

Related statute or rule:

None.

Plain language analysis:

The Physical Therapy Examining Board conducted a comprehensive evaluation and update of chs. PT 2 and 9 to ensure the rules are consistent with current professional, academic, and licensing and renewal practices and applicable Wisconsin statutes. As a result, the following updates have been made:

• Section PT 2.01 (2) is revised to clarify how the Board determines if an applicant is required to complete an oral examination.

• Section PT 2.03 is revised to clarify the Board’s requirements for reexamination only apply to the statutes and rules examination it administers.

• Section PT 9.04 (2) is revised to specify that, in order to be approved, a continuing education activity must integrally relate to the practice of physical therapy.

• Section PT 9.05 is revised to comply with s. 440.03 (4m), Stats., as created by 2017 Wisconsin Act 59. Under this provision, the Board may require a credential holder to submit proof of completing continuing education programs or courses only if a complaint is made against the credential holder.

• Other provisions throughout chs. PT 2 and 9 have been revised to remove outdated notes, provide clarity, and conform to current drafting standards.

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

None.

Comparison with rules in adjacent states:

Illinois:

68 Ill. Admin. Code 1340.40 and 1340.61 contain the examination requirements for licensure as a physical therapist in Illinois and continuing education requirements for renewing an Illinois license in physical therapy.

Iowa: 645 IAC 200.4 and 203 contain the examination requirements for licensure as a physical therapist in Iowa and continuing education requirements for renewing an Iowa license in physical therapy.

Michigan: Mich Admin Code, R 338.7132 to R 338.7135 and R 338.7161 to R 338.7163, contain the examination requirements for licensure as a physical therapist in Michigan and continuing education requirements for renewing a Michigan license in physical therapy.

Minnesota: Minnesota Rules, Parts 5601.2100 to 5601.2700, contain the continuing education requirements for renewing a Minnesota license in physical therapy.

Summary of factual data and analytical methodologies:

The proposed rules were developed by reviewing the provisions of chs. PT 2 and 9 to ensure the rules are consistent with current professional, academic, and licensing and renewal practices and applicable Wisconsin statutes.

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 [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be submitted at or before the date and time the public hearing on these proposed rules is conducted. Information as to the place, date, and time of the public hearing will be published on the Department of Safety and Professional Services’ website and in the Wisconsin Administrative Register.

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TEXT OF RULE

Section 1.   PT 2.01 (2), (4), (5), and (8) (a), (b), and (c) are amended to read:

  PT 2.01 (2) An application filed under s. PT 1.03 for an applicant meeting any condition under sub. (1) (a) to (j) shall be reviewed by an application review panel consisting of at least 2 board members designated by the chairperson of the board. The panel shall determine whether the applicant is eligible for a regular license without completing required to complete an oral examination.

  (4) Where both written and oral examinations are required, they shall be scored separately and the applicant shall achieve a passing grade on both all examinations to qualify for a license.

  (5) The board shall notify each applicant for required to complete an oral examination of the time and place scheduled for that applicant's examination. Failure of an applicant to appear for examination as scheduled will may void the applicant's examination application and require the applicant to reapply for examination licensure unless prior scheduling arrangements have been made with the board by the applicant.

  (8) (a) The test of English as a foreign language as administered by the educational testing service Educational Testing Service.

  (b) The test of written English as administered by the educational testing service Educational Testing Service.

  (c) The test of spoken English as administered by the educational testing service Educational Testing Service.

Section 2.   PT 2.01 (Note) is repealed.

Section 3.   PT 2.03 and (Note) are amended to read:

  PT 2.03 Failure and reexamination. An applicant who fails to achieve a passing grades grade on the examinations required under this chapter examination on statutes and rules may apply for reexamination on forms provided by the board retake the examination upon submission of a. For each reexamination, the application shall be accompanied by the reexamination fee. If an applicant for reexamination fails to achieve passing grades on the second reexamination, the applicant may not be admitted to further examination until the applicant reapplies for licensure and presents to the board evidence of further professional training or education as the board may consider appropriate in the applicant's specific case.

  (Note) A list of all current examination and reexamination fees may be obtained at no charge from the Office of Examinations, Department of Safety and Professional Services, 1400 East Washington Avenue, P.O. Box 8366, Madison, WI 53708 or by email at [e-mail].

 

Section 4.   PT 9.02 (1m) is renumbered PT 9.02 (4m) and amended to read:

  PT 9.02 (4m) “Continuing competence" “Professional competency” means the ongoing self assessment, development and implementation of a personal learning plan that evaluates professional knowledge, skill, behavior, and abilities related to the practice of physical therapy.

Section 5.   PT 9.02 (5) is repealed.