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 Daniel.Hereth@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 August 29, 2019, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Chir 12.01 (1) (intro.) is renumbered Chir 12.01 (1) and amended to read:
Chir 12.01 (1) “Administering" “Administer” means the direct application of a product to directly apply a nutritional supplement or direct the self-application of a nutritional supplement, whether by ingestion or any other means, to the body of a patient or research subject. by any of the following:
Section 2. Chir 12.01 (1) (a) and (b) are repealed.
Section 3. Chir 12.01 (2) and (3) are amended to read:
Chir 12.01 (2) “Dispensing" “Dispense” means delivering a product to deliver a nutritional supplement to an ultimate user or research subject by a chiropractor.
(3) “Nutritional counseling" means providing counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of vitamins, herbs or nutritional supplements.
Section 4. Chir 12.01 (4) is renumbered Chir 12.01 (4) (intro.) and amended to read:
Chir 12.01 (4) (intro.) “Nutritional supplement" means a product, other than tobacco, that is labeled as a nutritional or dietary supplement or intended to supplement the diet and that contains or is a concentrate, metabolic, constituent, or extract of one or more of the following dietary ingredients: a vitamin, a mineral, an herb or other botanical, an amino acid, a dietary substance for use by man to supplement the diet by increasing the total daily intake, or concentrate, metabolics, constituent, extract or combination of these ingredients; or is labeled as a nutritional or dietary supplement.
Section 5. Chir 12.01 (4) (a) to (e) and (5) are created to read:
Chir 12.01 (4) (a) A vitamin.
(b) A mineral.
(c) An herb or other botanical.
(d) An amino acid.
(e) A dietary substance for use by an individual to supplement the diet by increasing total daily intake.
(5) “Patient” means an individual with whom a chiropractor has an established chiropractor-patient relationship or who, based on the actions of the chiropractor, has a reasonable belief that an established chiropractor-patient relationship exists.
Section 6. Chir 12.02 (1) (intro.), (a), (a) (Note), (b), and (c) are renumbered Chir 12.02 (intro.), (1), (1) (Note), (2), and (3) and amended to read:
Chir 12.02 (intro.) The board shall grant a certificate for nutritional counseling to a licensed chiropractor licensed under ch. 446, Stats., who does all of the following: (1) Submits an application for a certificate to the department on a form provided by the department.
(Note) Application forms are available on the department’s website at dsps.wi.gov, or by request to from the board office located at 1400 East Washington Avenue Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at: http://dsps.wi.gov call (608) 266-2112. (2) Pays the fee specified in under s. 446.02 (2) (c), Stats.
(3) Submits evidence satisfactory to the board that he or she the applicant has completed received any of the following:
(a) Received a A postgraduate degree in human nutrition, nutrition education, food and nutrition, or dietetics conferred by a college or university that is accredited by an accrediting body listed as nationally recognized by the secretary of the federal United States department of education.
(b) Received diplomate Diplomate status in human nutrition conferred by a college of chiropractic accredited by the Council on Chiropractic Education, (CCE) or approved by the board, or accredited by an accrediting agency approved recognized by the United States office department of education or its successor.
(c) Received a A postgraduate degree in human nutrition conferred by a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE Council on Chiropractic Education or approved by the board or another board approved accrediting agency, indicating that the applicant has graduated from a program that is substantially equivalent to a postgraduate or diplomate program under subd. 1. or 2. par. (a) or (b).
(d) Received a A degree from or otherwise successfully completed other recognition of successful completion of a postgraduate program after December 1, 2006 consisting of a minimum of 48 hours in human nutrition that is approved by the board as provided in under s. Chir 12.03, after December 1, 2006 at the time the program is completed.
Section 7. Chir 12.03 (1) (intro.) is amended to read:
Chir 12.03 (1) (intro.) To qualify for board approval as a nutritional counseling education program under s. Chir 12.02 (1) (c) 4., a program shall meet all of the following minimum requirements:
Section 8. Chir 12.03 (1) (am) is created to read:
Chir 12.03 (1) (am) The program consists of a minimum of 48 hours in human nutrition.
Section 9. Chir 12.03 (1) (b) 3., 4., 5., 9., and 10. are amended to read:
Chir 12.03 (1) (b) 3. Analysis of laboratory data including hair, saliva, urine, and blood samples.
4. Symptoms of severe vitamin and nutritional deficiencies, and the toxicity of excess vitamin and mineral supplementation, herbals, or other nutritional supplements.
5. Protein, carbohydrates, and fat macronutrient needs, and symptoms of deficiencies of any of these nutrients.
9. The Codex Alimentarius Commission.
10. The Dietary supplement health Supplement Health and education act Education Act of 1994, P.L. 103-417 and related regulations. Section 10. Chir 12.03 (1) (b) 10. (Note) is created to read:
Chir 12.03 (1) (b) 10. (Note) The Dietary Supplement Health and Education Act of 1994 is also known as Public Law 103-417.
Section 11. Chir 12.03 (1) (b) 11., 13., 15., 17., 19., 21., 22., 24., and 25. are amended to read:
Chir 12.03 (1) (b) 11. Etiology of organ system dysfunction, and internal medicine diseases and conditions.
13. The efficacy, safety, risks, and benefits of glandular products, chelation therapy, and therapeutic enzymes.
15. Sports nutrition, endurance, body building, and exercise physiology.
17. Contraindications, side effects, and toxic effects of botanicals, nutritional supplements, and diet products.
19. Nutrition relating to infants, pregnancy, and lactation.
21. Adolescent nutrition nutritional needs.
22. Male and female nutrition nutritional needs.
24. Food, drug, and nutritional supplements supplement interactions.
25. Safety and The safety, efficacy, – risks, and benefits of nutritional supplements.
Section 12. Chir 12.03 (1) (c) is renumbered Chir 12.03 (1) (c) (intro.) and amended to read:
Chir 12.03 (1) (c) (intro.) The program sponsor agrees to provide a responsible person to monitor and verify the attendance of each registered chiropractor at the program, and the program sponsor agrees to keep the records of attendance for 3 years from the date of the program and to furnish each participant with evidence of having attended the program. agrees to do all of the following:
Section 13. Chir 12.03 (1) (c) 1. to 3. are created to read:
1. Provide a responsible person to monitor and verify attendance at the program.
2. Keep records of attendance for at least 3 years from the date of the program.
3. Furnish each participant with evidence of having attended the program.
Section 14. Chir 12.03 (1) (d), (e), (f), (i), and (j) are amended to read:
Chir 12.03 (1) (d) The program sponsor shall not assign or delegate its Any assignment or delegation of a program sponsor’s responsibilities to monitor or record attendance, provide evidence of attendance, compare course content with subject matter content required under sub. (1) (b), or provide information on instructors or other aspects of the program unless the assignment or delegation is specifically identified in the application for approval under sub. (2) and approved by the board.
(e) The program sponsor has reviewed and validated the program's content to insure ensure its compliance with par. (b).
(f) When a Any course instructor of the program that is on the undergraduate or postgraduate faculty of a chiropractic college, the program sponsor has provided written verification that the course instructor has been appointed in accordance with the accreditation standards of the Council on Chiropractic Education.
(i) The program shall include includes a written assessment instrument, that is designed to ensure that the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation. There shall be an assessment or test at the conclusion of each 12 hours of education. A score of 75% or higher shall be considered a passing score.
(j) The program shall contain contains a reasonable security procedure to assure that ensure the chiropractor enrolled is the actual participant.
Section 15. Chir 12.03 (1) (k) is repealed.
Section 16. Chir 12.03 (2) (a) 1. to 9. and (3) are amended to read:
Chir 12.03 (2) (a) 1. Be The application shall be on a form provided by the board.
(Note) Application forms are available on the department’s website at dsps.wi.gov, or by request to the board office located at 1400 East Washington Avenue Department of Safety and Professional Services, P.O. Box 8935, Madison, Wisconsin 53708, or from the department's website at: http://dsps.wi.gov call (608) 266-2112. 2. Identify The application shall identify the name and address of the program sponsor and describe how the program sponsor qualifies under s. Chir 12.03 sub. (1) (a).
3. Describe The application shall identify the time and place location of the program.
4. Be The application shall be complete as prescribed in this subsection and filed with the board no later than 75 days prior to the program date. An application is not considered complete until such time as all information required to be submitted with the application, and any supplementary information requested by the board, is received by the board.
5. Include The application shall include satisfactory evidence, of the program sponsor's verification showing to the satisfaction of as determined by the board, that the program subject matter is generally taught at the undergraduate or postgraduate level of a chiropractic college and relates to improving contributes to the advancement, extension, and enhancement of the clinical skills of a chiropractor and fosters the enhancement of general or specialized practice and values. A detailed course outline or syllabus describing the subject matter of the program, and the amount of time devoted to each section of the outline or syllabus shall be attached to the application.
6. Describe The application shall describe the names and qualifications of all instructors, and if applicable, whether an instructor of the program who is an undergraduate or postgraduate faculty member of a sponsoring college was appointed in accordance with accreditation standards of the Council on Chiropractic Education.
