STATE OF WISCONSIN
Physical Therapy Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
PHYSICAL THERAPY EXAMINING BOARD
ORDER OF THE PHYSICAL THERAPY EXAMINING BOARD
ADOPTING RULES
CLEARINGHOUSE RULE 15-027
ORDER
An order of the Physical Therapy Examining Board to repeal PT 1.02 (2), 1.04, and 3.02; to amend PT 1.03 (title) and (1) (intro.) and (a), 2.01 (5), and 8.02; to repeal and recreate PT 8.05, and to create PT 1.03 (1) (e) relating to temporary reentry licensure.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss. 15.08 (5) (b), and 227.11 (2) (a), Stats., the Physical Therapy Examining Board (Board) is generally empowered to promulgate rules that will provide guidance within the profession and that interpret the statutes it enforces or administers. Pursuant to s. 448.55 (3), Stats., the Board has express authority to, “promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant.” These proposed rules will give guidance within the profession regarding the requirements for renewing a license. Therefore, the Board is empowered both generally and specifically to promulgate the proposed rule. Related statute or rule:
Wis. Admin Code chs. PT 1, 2 and 8 Plain language analysis:
The Physical Therapy Examining Board (Board) reviewed its rules and determined that certain provisions needed clarifying. First, s. PT 1.04 was repealed. By requiring the completed application include all required documents including verified documentary evidence of graduation from a school of physical therapy by the application deadline date the Board is in fact requiring applicants to complete their postsecondary education as a condition of taking the exam. The deadline date was removed in keeping with 2013 Wisconsin Act 114 which required boards to refrain from requiring the completion of postsecondary education before an applicant is eligible to take a credentialing examination. Secondly, the Board decided to repeal the temporary reentry license found in s. PT 3.02 and the term candidate for reentry in s. PT 1.02 (2). These provisions were originally designed to allow persons who had not practiced as a physical therapist for a period of 3 years or more an opportunity to gain clinical experience while waiting for full licensure. However, s. PT 2.01 (h) already addresses applicants returning to the practice of physical therapy after a 3 year absence by requiring an oral examination. Lastly, the Board revised requirements for reinstatement of a license found in s. PT 8.05 by adding conditions applicants need to follow if their license has been surrendered, revoked, or has unmet disciplinary requirements. SECTION 1. repeals the term “candidate for reentry” from the Definitions section.
SECTION 2. amends PT 1.03 to align the administrative code with 2013 WI Act 114 by listing the licensure requirements rather than the application requirements. SECTION 3. adds successful completion of required examinations to the list of licensure requirements.
SECTION 4. repeals licensure requirements in s. PT 1.04 that have been added to s. PT 1.03 in the proposed rule. SECTION 5. amends PT 2.01 (5) to align the administrative code with 2013 WI Act 114. SECTION 6. repeals the temporary reentry license.
SECTION 7. removes the application form language from s. PT 8.02. The Department is transitioning away from mailing paper renewal applications with advances in technology. SECTION 8. amends the reinstatement language found in s. PT 8.05 by adding a provision on unmet discipline.
