CR 16-089 Rule Text

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 16-089)

ORDER

An order of the Physical Therapy Examining Board to create ch. PT 10 relating to authority of physical therapists to order x-rays.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 448.56 (7) (a), Stats.

Statutory authority:

Sections 15.08 (5) (b) and 448.56 (7) (a) (intro.), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides examining boards “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”

Section 448.56 (7) (a) (intro.), Stats., provides “[a] physical therapist may order X−rays to be performed by qualified persons only if the physical therapist satisfies one of the following qualifications, as further specified by the examining board by rule …”

Related statute or rule:

None.

Plain language analysis:

Section 448.56 (7) (a) (intro.), Stats., as created by 2015 Wisconsin Act 375, provides a physical therapist may order X-rays to be performed by qualified persons only if the physical therapist satisfies one of the following qualifications, as further specified by the Board by rule:

1. The physical therapist holds a clinical doctorate degree in physical therapy.

2. The physical therapist has completed a nationally recognized specialty certification program.

3. The physical therapist has completed a nationally recognized residency or fellowship certified by an organization recognized by the examining board.

4. The physical therapist has completed a formal X-ray ordering training program with demonstrated physician involvement.

As required by 2015 Wisconsin Act 375, the rules further specify the above qualifications.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

The following rules governing the practice of physical therapy in Illinois, Iowa, Michigan, and Minnesota do not explicitly authorize or prohibit the ordering of X-rays by physical therapists:

Illinois: 68 Ill. Adm. Code 1340

Iowa: 645 IAC 200 to 203

Michigan: Mich Admin Code, R 338.7101 to R 338.7150

Minnesota: Minnesota Rules, Chapter 5601

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of 2015 Wisconsin Act 375 and obtaining input and feedback from the Physical Therapy Examining Board.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The 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.