CR 18-103 Rule Text

CHIROPRACTIC EXAMINING BOARD

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   CHIROPRACTIC EXAMINING

CHIROPRACTIC EXAMINING     :   BOARD

BOARD           :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 18-103)

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ORDER

An order of the Chiropractic Examining Board to repeal Chir 9.03 (5), 9.04, and 9.05 (1) (intro.); to renumber and amend Chir 9.03 (1) and (4) and 9.05 (1) (a) to (f); to amend Chir 9.01 (2), 9.02, 9.03 (intro.), (2), (3) (intro.), (a), and (b), (Note), and (6), 9.05 (intro.) and (Note), and 9.06 (2); and to create Chir 9.03 (1) (a) and (b) and (3) (am) and 9.05 (7), relating to chiropractic preceptorship.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 446.02 (9) (a), Stats.

Statutory authority:

Sections 15.08 (5) (b) and 227.11 (2) (a), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides that an examining board, 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.”

Related statute or rule:

None.

Plain language analysis:

The Board conducted an evaluation and update of ch. Chir 9 to ensure consistency with current professional and academic practices and applicable Wisconsin statutes. As a result, the following updates have been made:

- Section Chir 9.03 (1) is revised to include the Councils on Chiropractic Education International as an approved accreditor of chiropractic colleges.

- As most of the criteria for approval of chiropractic college preceptorship programs under s. Chir 9.03 and postgraduate preceptorship programs under s. Chir 9.04 are identical, the sections have been consolidated.

- Other provisions throughout ch. Chir 9 have been revised to update 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: Rules of the Illinois Department of Financial and Professional Regulation relating to chiropractic physician preceptorship were repealed effective February 15, 2000. (68 Ill. Adm. Code 1285.105, repealed at 24 Ill. Reg. 3620).

Iowa: Rules of the Iowa Board of Chiropractic administer chiropractic preceptorship programs (645 IAC 42.1 to 42.6). A program is established by a Board-approved chiropractic college and allows a chiropractic intern or resident from the college to practice under the supervision of a chiropractic preceptor (a chiropractic physician licensed and practicing in Iowa). The rules specify the criteria for Board approval of chiropractic colleges, preceptorship programs, and chiropractic preceptors, and the conditions under which a preceptorship program must be terminated.

Michigan: Michigan statutes permit a chiropractic student to apply for a limited license to engage in the practice of chiropractic under the supervision of a licensed chiropractor (MCL 333.16412). The applicant must have successfully completed 2 years of education in a college of arts and sciences and 2 years, 4 semesters, or 6 quarter terms in a chiropractic college approved by the Michigan Board of Chiropractic. The limited license is valid for not more than 6 months and is nonrenewable.

Minnesota: Rules of the Minnesota Board of Chiropractic Examiners administer graduate preceptorship programs (Minnesota Rules, parts 2500.2500 to 2500.2530). A program allows an extern (a graduate of an accredited chiropractic college) to work under the supervision of a preceptor (a chiropractic physician licensed and in active private practice in Minnesota) for a period of up to 12 months. The rules specify the role of the preceptor, the eligibility and responsibilities of the preceptor and the extern, the minimum requirements of a preceptorship training program, and the conditions under which a preceptorship program must be terminated.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of ch. Chir 9 to ensure the rules are consistent with current practices and applicable Wisconsin statutes. No additional factual data or analytical methodologies were used to develop the rules.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The 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 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, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

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

The deadline for submitting comments was April 4, 2019.

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TEXT OF RULE

Section 1.   Chir 9.01 (2) is amended to read:

  Chir 9.01 (2) “Chiropractor preceptor" means a chiropractor licensed and practicing in Wisconsin pursuant to ch. 446, Stats., who accepts a chiropractic student into his or her the chiropractor’s practice for the purpose of providing the chiropractic student with a clinical experience of in the practice of chiropractic.

Section 2.   Chir 9.02 is amended to read:

  Chir 9.02 Unlicensed practice by chiropractic students and graduate chiropractors. The board may approve the unlicensed practice of chiropractic in this state by a bona fide As provided under s. 446.02 (9) (a), Stats., a chiropractic student of a chiropractic college which offers an approved or graduate chiropractor participating in a preceptorship program approved under s. Chir 9.03, if the chiropractic college preceptorship program, under the direct, on-premises supervision of a chiropractor preceptor and the practice of chiropractic by the student meet the criteria established by the board approved under s. Chir 9.05 is not required to hold a license under ch. 446, Stats. The board may approve the unlicensed practice of chiropractic in this state by a graduate chiropractor in an approved postgraduate chiropractic preceptorship program, if the postgraduate chiropractic preceptorship program, the chiropractor preceptor and the practice of chiropractic by the graduate chiropractor meet the criteria established by the board.

Section 3.   Chir 9.03 (intro.) is amended to read:

  Chir 9.03 (intro.) Approved chiropractic college and postgraduate preceptorship programs. The board shall approve a chiropractic college preceptorship program which includes or postgraduate preceptorship program that meets all of the following criteria requirements:

Section 4.   Chir 9.03 (1) is renumbered Chir 9.03 (1) (intro.) and amended to read:

  Chir 9.03 (1) (intro.) Is The program is operated by a chiropractic college approved accredited by the board. one of the following: The board shall consider whether the college is accredited by the council on chiropractic education, and shall also consider the degree of consumer protection provided by the defined standards and practices of the chiropractic college's preceptor program, as well as degree of consumer protection demonstrated by the actual operation of the chiropractic college's preceptor program.

Section 5.   Chir 9.03 (1) (a) and (b) are created to read:

  Chir 9.03 (1) (a) The Council on Chiropractic Education or a successor organization.

  (b) The Councils on Chiropractic Education International or a successor organization.

Section 6.   Chir 9.03 (2) and (3) (intro.) and (a) are amended to read:

  Chir 9.03 (2) Is The program is an established component of the curriculum of the chiropractic college.

  (3) (intro.) Certifies An authorized representative of the program certifies to the board, on forms supplied by the department, all of the following:

  (a) That all students who participate in the If the program is a chiropractic college preceptorship program, are in the last semester, trimester, or quarter of their education, and have met prior to participating in the program students shall have met all requirements for graduation from the chiropractic college except for completion of the preceptorship period,. and

Section 7.   Chir 9.03 (3) (am) is created to read:

  Chir 9.03 (3) (am) If the program is a postgraduate preceptorship program, graduate chiropractors shall have graduated from a college of chiropractic approved by the board.

Section 8.   Chir 9.03 (3) (b) is amended to read:

  Chir 9.03 (3) (b) That no No chiropractor who is a preceptor shall supervise more than one chiropractic student or graduate chiropractor at any one time.

Section 9.   Chir 9.03 (4) is renumbered Chir 9.03 (3) (c) and amended to read:

  Chir 9.03 (3) (c) Certifies to the board, on forms supplied by the department, that all chiropractors Chiropractors who participate as chiropractor preceptors are shall be faculty of the chiropractic college.

Section 10.   Chir 9.03 (5) is repealed.

Section 11.   Chir 9.03 (Note) and (6) are amended to read: