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            :   (CLEARINGHOUSE RULE 19-129)
An order of the Chiropractic Examining Board to amend Chir 6.01, 6.015 (title) and (1), 6.02 (intro.), (1), (4), (5), (6), (9), (10), (11), (15) (intro.), (f) (intro.) and 1. to 3., (g) (intro.) and 1. to 3., and (h), (16), (18), (19), (21), (22), (26), (27), (29), and (30), and 6.03 (1) and (3); and to create Chir 6.015 (2) and (3) and 6.02 (15) (gm), relating to standards of conduct.
Analysis prepared by the Department of Safety and Professional Services.
Statutes interpreted:
Section 446.04, 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 examining boards, such as the Chiropractic Examining Board, “[s]hall 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 the 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:
Chapter Chir 4 provides criteria for determining if the use of an instrument or a practice system, analysis, method, or protocol is beyond the scope of the practice of chiropractic.
Plain language analysis:
The Board conducted an evaluation and update of ch. Chir 6 to ensure consistency with current professional practices and standards and applicable Wisconsin statutes. As a result, the following updates have been made:
The definition of “advertisement” under s. Chir 6.015 (1) is revised to remove references to specific advertising medium. The definition as revised specifies an advertisement may be in any public medium.
A definition of “patient” is added to the definitions under s. Chir 6.015.
A provision is created under s. Chir 6.02 (15) (f) (intro.) and (g) (intro.) that permits a chiropractor to advertise specialization or advanced training if the chiropractor has a postgraduate degree in the area of specialty or advanced training conferred by an institution accredited by either the Council on Chiropractic Education or an accrediting agency recognized by the United States department of education.
Other provisions throughout ch. Chir 6 have been revised to provide clarity and conform to current drafting standards.
Summary of, and comparison with, existing or proposed federal regulation:
Comparison with rules in adjacent states:
Illinois: Illinois statutes specify conduct that may subject a chiropractor to disciplinary action (225 ILCS 60/22). Rules of the Illinois Department of Financial and Professional Regulation (68 Ill. Adm. Code 1285.240) set forth standards to be used in determining:
What constitutes dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
What constitutes immoral conduct in the commission of any act, including commission of an act of sexual misconduct related to a licensee’s practice.
What constitutes gross negligence in the practice of medicine.
Iowa: Iowa statutes specify conduct that may lead to the suspension or revocation of a chiropractic license, or may subject the licensee to discipline (Iowa Code 2017, sections 147.55 and 151.9). The following are identified:
Fraud in procuring a license.
Professional incompetency.
Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the licensee’s profession or engaging in unethical conduct or practice harmful or detrimental to the public.
Habitual intoxication or addiction to the use of drugs.
Conviction of a felony related to the profession or occupation of the licensee or the conviction of any felony that would affect the licensee’s ability to practice as a professional chiropractor.
Fraud in representations as to skill or ability.
Use of untruthful or improbable statements in advertisements.
Willful or repeated violations of the provisions of chapter 1088 or 272C of the Iowa statutes.
Other acts or offenses as specified by board rule.
Rules of the Iowa Board of Chiropractic specify acts and offenses that may subject a chiropractor to disciplinary action (645 IAC 45.2). The Board has also by rule adopted 10 principles of chiropractic ethics relative to the practice of chiropractic in Iowa (645 IAC 43.2).
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.