STATE OF WISCONSIN
CHIROPRACTIC EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : CHIROPRACTIC EXAMINING
CHIROPRACTIC EXAMINING : BOARD
BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE 18-015)
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ORDER
An order of the Chiropractic Examining Board to repeal Chir 2.01 and 2.12 and amend Chir 2.03, relating to examinations.
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., sets forth the parameters of an agency’s rule-making authority, stating an agency “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.” Section 446.02 (3), Stats., provides the Chiropractic Examining Board shall require each applicant for licensure to successfully complete the following examinations: - Parts I, II, III, and IV of the examination administered by the National Board of Chiropractic Examiners. An applicant successfully completes Part III of that examination if the applicant scores at least 438 on that part. An applicant successfully completes Part IV of that examination if the applicant scores at least 475 on that part.
- An examination approved by the examining board that tests the applicant's knowledge of the laws of this state relating to the practice of chiropractic, including the provisions of this chapter and any rules promulgated by the examining board under s. 446.02, Stats. Related statute or rule:
None.
Plain language analysis:
The rules also revise ch. Chir 2 to reflect current examination practices. Specifically, ss. Chir 2.01 and 2.12, which relate to a practical examination that is no longer required for licensure, are repealed and a requirement to provide an applicant with a disability reasonable accommodations for completing the state law examination has been added to s. Chir 2.03. 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 examinations for licensure to practice chiropractic in Illinois (68 Ill. Adm. Code 1285.60). To be successful, an examinee must receive a score of at least 375 on Part I, II, III, and IV of the examination administered by the National Board of Chiropractic Examiners. An applicant who is unsuccessful in 5 examinations must complete an accredited chiropractic program in order to be eligible for further examination.
Iowa: Rules of the Iowa Board of Chiropractic specify the examination requirements for chiropractic practice in Iowa (645 IAC 41.3). An applicant must provide proof of successful completion of Parts I, II, III, and IV and Physiotherapy of the National Board of Chiropractic Examiners examination.
Michigan: Rules of the Michigan Department of Licensing and Regulatory Affairs specify the examination requirements for chiropractic practice in Michigan (Mich Admin Code, R 338.12003 and R 338.12005). An applicant must pass Parts I, II, III, and IV of the national board examination in chiropractic that is conducted and scored by the National Board of Chiropractic Examiners (NBCE). The passing scores are those recommended by the NBCE.
Minnesota: Rules of the Minnesota Board of Chiropractic Examiners specify the examination requirements for chiropractic practice in Minnesota (Minnesota Rules, part 2500.0720). An applicant must pass Part I, Part II, the Written Clinical Competency Examination, and the Physiotherapy Examination of the National Board of Chiropractic Examiners (NBCE), or another licensing examination approved by the Board. The NBCE Part IV Practical or other examination approved by the Board and the Board’s jurisprudence and ethics examination must also be successfully completed.
Summary of factual data and analytical methodologies:
The methodologies used to develop this rule include reviewing current examination practices and applicable Wisconsin statutes and obtaining feedback from the Chiropractic 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 rules may affect businesses, local government units, and individuals. No comments were received.
