PHYSICAL THERAPY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : PHYSICALTHERAPY
PHYSICAL THERAPY EXAMINING : EXAMINING BOARD BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE ) ------------------------------------------------------------------------------------------------------------
PROPOSED ORDER
An order of the Physical Therapy Examining Board to repeal PT 1.03 (3) (d) (Note 2) and 3.01 (4) (Note); to renumber and amend PT 3.01 (1); to amend ch. PT 1 (title), 1.01 (1) and (2), 1.02 (12), 3.01 (2) (Note) and (3) to (6), 4.01 (1) (a) (Note) and (d), 5.01 (1), 5.02 (1) and (2) (intro.), and 7.025 (4); and to create PT 1.02 (11e), (11m), and (11s), 1.04, 2.001 (2) (Note), and 3.01 (1) (a) to (d), (1g), and (1r), relating to implementation of the Physical Therapy Licensure Compact. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides that an examining 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 448.986 (3), Stats., provides that “[t]he examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a) 7., if such a requirement is imposed by the examining board under s. 448.54 in order to obtain a license under s. 448.53 or 448.535.” Related statute or rule:
Plain language analysis:
The Physical Therapy Examining Board conducted a comprehensive evaluation of its rules to implement the Physical Therapy Licensure Compact and ensure clarity and consistency with applicable Wisconsin statutes. As a result, updates have been made to do all of the following:
Create definitions of “physical therapist,” “physical therapist assistant,” and “physical therapy.”
Identify the requirements for obtaining a compact privilege, including a requirement that an individual seeking a compact privilege successfully complete a jurisprudence examination.
Specify that a person holding a physical therapist compact privilege granted by the Board may provide supervision of a physical therapist assistant and unlicensed personnel.
Clarify the requirements for a temporary license to practice as a physical therapist or physical therapist assistant under supervision.
Specify that a person holding a physical therapist compact privilege granted by the Board may provide supervision of a temporary licensee.
Clarify that a locum tenens license may not be issued based on a request for services from a person who holds a temporary license as a physical therapist, and specify that a locum tenens license may be issued based on a request for services from a person who holds a physical therapist compact privilege granted by the Board.
Specify that engaging in fraud, deceit, or misrepresentation in applying for, procuring, or maintaining a compact privilege constitutes unprofessional conduct.Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
Illinois is not a member state of the Physical Therapy Licensure Compact.
Iowa:
Iowa is a member state of the Physical Therapy Licensure Compact, and is actively issuing compact privileges. Rules of the Iowa Board of Physical and Occupational Therapy address issuing a compact privilege and the practice of physical therapy under a compact privilege (645 IAC 200.3).
Michigan:
Michigan is not a member state of the Physical Therapy Licensure Compact.
Minnesota:
Minnesota is not a member state of the Physical Therapy Licensure Compact.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing subch. IX of ch. 448, Stats., which ratifies the Physical Therapy Licensure Compact, and conducting a comprehensive evaluation and update of the Physical Therapy Examining Board’s rules in order to implement the Compact. 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 rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator, Dan Hereth, may be contacted 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 December 2, 2020, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Chapter PT 1 (title) is amended to read: LICENSE AND COMPACT PRIVILEGE TO PRACTICE PHYSICAL THERAPY
Section 2. PT 1.01 (1) and (2) are amended to read:
(2) The rules in this chapter are adopted to govern the issuance of licenses to physical therapists and physical therapist assistants under ss. 448.53, 448.535, 448.54, and 448.55, Stats., and the granting of compact privileges under subch. IX of ch. 448, Stats. Section 3. PT 1.02 (11e), (11m), and (11s) are created to read:
PT 1.02 (11e) “Physical therapist” has the meaning given in s. 448.50 (3), Stats. (11m) “Physical therapist assistant” has the meaning given in s. 448.50 (3m), Stats. (11s) “Physical therapy” has the meaning given in s. 448.50 (4), Stats. Section 4. PT 1.02 (12) is amended to read:
PT 1.02 (12) “Supervisor” means a person holding a regular license as a physical therapist issued under s. 448.53 (1), Stats., or a physical therapist compact privilege granted by the board who is competent to coordinate, direct, and inspect the accomplishments of another physical therapist, physical therapist assistant, student, or temporary licensee. Section 5. PT 1.03 (3) (d) (Note 2) is repealed.
Section 6. PT 1.04 is created to read:
PT 1.04 Compact privilege requirements. Every person applying for a compact privilege shall submit to the board all of the following:
(1) A completed application form provided by the board.
(3) Evidence of successful completion of the examination specified in s. PT 2.01 (6) (c). Section 7. PT 2.001 (2) (Note) is created to read:
PT 2.001 (2) (Note) The examination requirement for a physical therapist or physical therapist assistant compact privilege is under s. PT 1.04. Section 8. PT 3.01 (1) is renumbered PT 3.01 (1) (intro.) and amended to read:
PT 3.01 (1) (intro.) An applicant for a regular license to practice as a physical therapist or physical therapist assistant, who has not previously been licensed to practice as a physical therapist or as a physical therapist assistant in this state, whichever is applicable, and who is a graduate of an approved school of physical therapy or a physical therapist assistant educational program and has applied to take the national physical therapist examination or the national physical therapist assistant examination and is awaiting results and is not required to take an oral examination, may apply to the board for a temporary license to practice as a physical therapist or physical therapist assistant under supervision. The applications and required documents for a regular license and for a temporary license may be reviewed by 2 members of the board, and upon the finding by the 2 members that the applicant is qualified for admission to examination for a regular license to practice as a physical therapist or physical therapist assistant, the board, acting through the 2 members, may issue a temporary license to practice as a physical therapist or physical therapist assistant under supervision to the applicant. An applicant for a temporary license under this subdivision shall meet all of the following requirements:
Section 9. PT 3.01 (1) (a) to (d), (1g), and (1r) are created to read:
PT 3.01 (1) (a) The applicant has not previously been licensed or granted a compact privilege to practice in this state as a physical therapist.
(b) The applicant is a graduate of an approved school of physical therapy.
(c) The applicant has applied to take the national physical therapist examination and is awaiting results.
(d) The applicant is not required to take an oral examination under s. PT 2.01 (1). (1g) An applicant for a regular license to practice as a physical therapist assistant may apply to the board for a temporary license to practice as a physical therapist assistant under supervision. An applicant for a temporary license under this subdivision shall meet all of the following requirements:
(a) The applicant has not previously been licensed or granted a compact privilege to practice in this state as a physical therapist assistant.
