STATE OF WISCONSIN
Chiropractic Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
CHIROPRACTIC EXAMINING BOARD
ORDER OF THE CHIROPRACTIC EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 17-010)
ORDER
An order of the Chiropractic Examining Board to repeal Chir 10.01 (3) and 10.05; to amend Chir 4.04 (3), ch. Chir 10 (title), 10.01 (1) and (2), and 10.03; to repeal and recreate Chir 10.02; and to create Chir 10.01 (1g) and (1r), 10.015, and 10.025, relating to courses of study for and delegation to chiropractic technicians and chiropractic radiological technicians. 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 examining boards, such as the Chiropractic Examining Board, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, . . .” Section 227.11 (2) (a), Stats., discusses the parameters of an agency’s rule-making authority, stating an agency “may promulgate rules interpreting the provisions of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation. . .” This section allows an agency to promulgate administrative rules that interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper statutory interpretation. Section 227.01 (1), Stats., defines agency as a board. The Chiropractic Examining Board falls within the definition of agency and is therefore allowed to apply s. 227.11 (2) (a), Stats., to statutes it administers. Section 446.02 (7) (c), Stats., provides that “[a] chiropractor who delegates the performance of a service that is adjunctive to the practice of chiropractic to a person who is not licensed under this chapter shall verify, according to standards and procedures established by the examining board by rule, that the person has adequate education, training and experience to perform the delegated service safely, and is responsible for that person’s performance of the delegated service.” Related statute or rule:
None.
Plain language analysis:
Section 446.02 (7) (d) of the Wisconsin Statutes allows the delegation of adjunctive services only to chiropractic technologists (technicians) and the delegation of x-ray services only to chiropractic radiological technologists (technicians). Chapter Chir 10 allows for the delegation of these services to unlicensed persons. The rule amends the Chiropractic Examining Board’s administrative rules to align them with section 446.02 (7) (d), Stats. Additionally, under sections 446.025 (2) (a) 3. and 446.026 (2) (a) 3., Stats., chiropractic technicians and chiropractic radiological technicians are required to complete courses of study approved by the Board in order to obtain certification. The Chiropractic Examining Board’s administrative rules are currently silent with regards to the specific requirements used to determine whether a course of study is approved. This undefined term has led to an inconsistent application of the statute. The rule defines the requirements for approved courses of study in administrative code, which should result in a more uniform application of the statutes. The rules establish the following requirements: - Section Chir 10.015 is created to establish the required course of study for certification as a chiropractic technician. - Section Chir 10.02 (2) and (3) (a) to (g) are created to establish the educational requirements a chiropractic technician must meet in order to perform a delegated adjunctive service other than taking and preparing preliminary patient histories. - Section Chir 10.025 is created to establish the required course of study for certification as a chiropractic radiological technician. Summary of, and comparison with, existing or proposed federal regulation:
The Consumer-Patient Radiation Health and Safety Act of 1981, 42 USCS 10001, et seq. establishes federal guidelines for standards of accreditation of educational programs for certain occupations that administer radiologic procedures. The standards are in place to protect the public from excessive exposure to radiation by health care professionals who use radiation in the treatment of disease or other medical conditions. The regulations are directed towards radiologic technologists, dental hygienists, nuclear medicine technologists and radiation therapy technologists.
42 USCS §10003 (5) defines, “persons who administer radiologic procedures means any person, other than a practitioner, who intentionally administers radiation to other persons for medical purposes, and includes medical radiologic technologists (including dental hygienists and assistants), radiation therapy technologists, and nuclear medicine technologists.”42 CFR 75.2 defines radiation therapy technologist as “a person other than a licensed practitioner who utilizes ionizing radiation-generating equipment for therapeutic purposes on human subjects.” Although chiropractic radiological technicians are not specifically addressed, they could be captured under the broad definition of radiation therapy technologists. The federal statute and regulations are comparable to the proposed rule in that they both set forth a course of study for persons who administer radiologic procedures. Comparison with rules in adjacent states:
Illinois: Illinois defines a chiropractic radiographer as a person other than a licensed practitioner who performs medical radiation procedures and applies x-radiation to the human body for diagnostic evaluation of skeletal anatomy, while under the general supervision of a licensed chiropractor [32 Ill. Adm. Code 401.20]. Persons seeking accreditation as a chiropractic radiographer must take the exam administered by the American Chiropractic Registry of Radiologic Technologists (ACRRT) [32 Ill. Adm. Code 401.70 b) 4)].
Iowa: Iowa does not have a license classification for chiropractic radiological technologists or chiropractic technologists.
Michigan: Michigan does not have a license classification for chiropractic radiological technologists or chiropractic technologists.
Minnesota: Minnesota issues a registration for chiropractic radiologic technologist after the applicant has passed the radiography examination of the American Chiropractic Registry of Radiologic Technologists (ACRRT) [Minn. R. 4732.0585].
Summary of factual data and analytical methodologies:
The methodologies used to develop this rule include reviewing neighboring states’ statutes and rules, obtaining feedback from the Chiropractic Examining Board, and reviewing the curriculum from a variety of chiropractic schools.
