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 17-059)
ORDER
An order of the Chiropractic Examining Board to amend Chir 1.01 and 1.02 (intro.), relating to authority and definitions.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
None.
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. Related statute or rule:
None.
Plain language analysis:
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois: Rules of the Illinois Department of Financial and Professional Regulation address chiropractic practice in Illinois (68 Ill. Adm. Code 1285).
Iowa: Rules of the Iowa Board of Chiropractic address chiropractic practice in Iowa (645 IAC 41 to 45).
Michigan: Rules of the Michigan Department of Licensing and Regulatory Affairs address chiropractic practice in Michigan (Mich Admin Code, R 338.12001 to R 338.12015).
Minnesota: Rules of the Minnesota Board of Chiropractic Examiners address chiropractic practice in Minnesota (Minnesota Rules, chapter 2500).
Summary of factual data and analytical methodologies:
The rules update references in ss. Chir 1.01 and 1.02 (intro.). No additional factual data or analytical methodologies were used to develop the rules. 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 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.
