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.
(b) The applicant is a graduate of an approved physical therapist assistant educational program.
(c) The applicant has applied to take the national physical therapist assistant examination and is awaiting results.
(d) The applicant is not required to take an oral examination under s. PT 2.01 (1). (1r) 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, the board, acting through the 2 members, may issue a temporary license to practice under supervision.
Section 10. PT 3.01 (2) (Note), (3), and (4) are amended to read:
PT 3.01 (2) (Note) Application forms are available upon request to the board office at 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708 from the department of safety and professional services’ website at www.dsps.wi.gov.
(3) The holder of a temporary license to practice physical therapy under supervision may practice physical therapy, as defined in s. 448.50 (4), Stats., providing that provided the entire practice is under the supervision of a person validly 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. The supervision shall be direct, immediate, and on premises. (4) The holder of a temporary license to practice as a physical therapist assistant under supervision may provide physical therapy services as defined by s. 448.50 (4), Stats., providing that in a manner consistent with the physical therapist assistant’s education, training and experience, provided the entire practice is under the supervision of a person validly 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. The supervision shall be direct, immediate, and on premises. Section 11. PT 3.01 (4) (Note) is repealed.
Section 12. PT 3.01 (5) and (6) are amended to read:
PT 3.01 (5) The duration of a temporary license to practice physical therapy under supervision granted under this section shall be for a period of 3 months or until the holder receives failing examination results, whichever is shorter sooner, unless the board grants an extension of the temporary license. A temporary license may be renewed for a period of 3 months, and may be renewed a second time for a period of 3 months for reasons of hardship. Practice under a temporary license may not exceed 9 months total duration.
(6) A physical therapist providing supervision under sub. (3) or (4) may supervise no more than a combined total of 4 physical therapists and physical therapist assistants who hold temporary licenses. This number shall be reduced by the number of physical therapist assistants and physical therapy aides unlicensed personnel being supervised by the physical therapist under s. ss. PT 5.01 and 5.02 (2) (k). Section 13. PT 4.01 (1) (a) (Note) and (d) are amended to read:
PT 4.01 (1) (a) (Note) Application forms are available upon request to the board at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 from the department of safety and professional services’ website at www.dsps.wi.gov. (d) A letter requesting the applicant’s services from a physical therapist licensed in this state requesting the applicant’s services under s. 448.53 (1), Stats., an individual who holds a physical therapist compact privilege granted by the board, or a letter from an organization or facility located in this state requesting the applicant’s services. Section 14. PT 5.01 (1) is amended to read:
PT 5.01 (1) A physical therapist assistant, as defined in s. 448.50 (3m), Stats., shall assist a physical therapist in the practice of physical therapy under the general supervision of a physical therapist licensed under s. 448.53 (1), Stats., or granted a physical therapist compact privilege by the board. Section 15. PT 5.02 (1) and (2) (intro.) are amended to read:
PT 5.02 (1) A physical therapist licensed under s. 448.53 (1), Stats., or granted a physical therapist compact privilege by the board shall provide direct, immediate, on−premises supervision of unlicensed personnel at all times. A The physical therapist may not direct unlicensed personnel to perform tasks which require the decision making decision-making or problem solving problem-solving skills of a physical therapist, including but not limited to patient examination, evaluation, diagnosis, or determination of therapeutic intervention. (2) (intro.) In providing direct, immediate, on−premises supervision, the physical therapist shall do all of the following:
Section 16. PT 7.025 (4) is amended to read:
PT 7.025 (4) Engaging in fraud, deceit, or misrepresentation in applying for or procuring a license or compact privilege to practice physical therapy, in connection with applying for or procuring periodic renewal of a license, or in otherwise maintaining licensure or a compact privilege.
Section 17. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
