SS 087-20

Statement of Scope

Occupational Therapists

Affiliated Credentialing Board

Rule No.:

Chapters OT 1 to 6

Relating to:

Telehealth

Rule Type:

Permanent

1. Finding/nature of emergency (Emergency Rule only):

N/A

2. Detailed description of the objective of the proposed rule:

The objective of the proposed rule is to establish standards of practice and conduct for providing occupational therapy services using telehealth. This may include revisions to chs. OT 1 to 5, creation of a ch. OT 6, or both.

3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:

Current administrative rules of the Occupational Therapy Affiliated Credentialing Board do not address telehealth practice. As described above, the proposed rule will establish standards of practice and conduct for providing occupational therapy services using telehealth. The alternative of not updating the rules would be less beneficial to affected entities.

4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):

Section 15.085 (5) (b), Stats., provides that an affiliated credentialing board, such as the Occupational Therapists Affiliated Credentialing Board, “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.”

Section 448.965 (1) (c), Stats., provides the Occupational Therapists Affiliated Credentialing Board may promulgate rules that establish “[s]tandards of practice for occupational therapy, including a code of ethics and criteria for referral.”

Section 448.965 (2), Stats., provides “[t]he affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.”

5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:

90 hours

6. List with description of all entities that may be affected by the proposed rule:

Occupational therapists and occupational therapy assistants who provide occupational therapy services in Wisconsin.

7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

None.

8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):

The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole.

Contact Person: Dale Kleven, Administrative Rules Coordinator, [e-mail], [phone]

Approved for publication:   Approved for implementation:

                         

Authorized Signature             Authorized Signature

                         

Date Submitted               Date Submitted