Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions of 2017 Wisconsin Act 180 in conjunction with current rules relating to chiropractic practice under chs. Chir 1 to 13 and obtaining input and feedback from the Chiropractic 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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. 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, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 8:30 a.m. on January 31, 2019, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Chir 1.02 (4) is created to read:
Chir 1.02 (4) “Health care professional” has the meaning given in s. 446.01 (1v), Stats. Section 2. Chir 4.04 (3) is amended to read:
Chir 4.04 (3) A chiropractor may delegate the operation of x-ray equipment only to a chiropractic radiological technician certified under ch. 446, Stats. A chiropractic radiological technician shall operate x-ray equipment under the direct supervision and direction of a licensee. As provided under s. 446.025 (1) (a), Stats., no person may provide x−ray services on behalf of a chiropractor in connection with the practice of chiropractic unless the person is a chiropractic radiological technician and is under the direct supervision of a chiropractor licensed under ch. 446, Stats. The A chiropractor shall maintain records or ensure the chiropractor’s employer maintains records that verify the a chiropractic radiological technician delegated the performance of x-ray services is certified under ch. 446, Stats. Section 3. Chapter Chir 10 (title) is amended to read: CHAPTER CHIR 10
DELEGATION TO CHIROPRACTIC TECHNICIANS, AND CHIROPRACTIC RADIOLOGICAL TECHNICIANS, AND HEALTH CARE PROFESSIONALS
Section 4. Chir 10.015 (1) (a) (intro.) is amended to read:
Chir 10.015 (1) (a) (intro.) The course of study shall include a prerequisite 4 hour 4-hour therapeutic overview course covering chiropractic technician scope of practice, anatomy, and contraindications followed by all of the following:
Section 5. Chir 10.02 (intro.) is amended to read:
Chir 10.02 (intro.) Delegation of adjunctive services to a chiropractic technician. A chiropractor may delegate the performance of adjunctive services only to a chiropractic technician certified under ch. 446, Stats. An an adjunctive service may be delegated to a chiropractic technician only if all of the following conditions are met: Section 6. Chir 10.023 is created to read:
Chir 10.023 Delegation of adjunctive services to a health care professional. A chiropractor may delegate the performance of an adjunctive service to a health care professional if all of the following conditions are met:
(1) The performance of the adjunctive service is within the scope of the health care professional’s license, registration, or certification.
(2) The chiropractor maintains records or ensures the chiropractor’s employer maintains records that verify the health care professional’s license, registration, or certification is current.
(3) The chiropractor exercises direct supervision of the health care professional performing the delegated adjunctive service.
(4) The chiropractor retains ultimate responsibility for the manner and quality of the service.
Section 7. Chir 10.03 is amended to read:
Chir 10.03 X-ray services. A chiropractor may delegate x-ray examination procedures only to a chiropractic radiological technician certified under ch. 446, Stats. As provided under s. 446.025 (1) (a), Stats., no person may provide x−ray services on behalf of a chiropractor in connection with the practice of chiropractic unless the person is a chiropractic radiological technician and is under the direct supervision of a chiropractor licensed under ch. 446, Stats. The A chiropractor shall comply with s. Chir 4.04 before delegating the performance of x-ray services to a chiropractic radiological technician. Section 8. Chir 10.03 (Note) is repealed.
Section 9. Chir 11.02 (4) is amended to read:
Chir 11.02 (4) Patient records shall be complete and sufficiently legible to be understandable to health care professionals healthcare providers generally familiar with chiropractic practice, procedures, and nomenclature.
Section 10. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
------------------------------------------------------------------------------------------------------------
