CR 18-082 Rule Text

STATE OF WISCONSIN

ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD

------------------------------------------------------------------------------------------------------------

IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   ATHLETIC TRAINERS AFFILIATED

ATHLETIC TRAINERS AFFILIATED   :   CREDENTIALING BOARD

CREDENTIALING BOARD       :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 18-082)

------------------------------------------------------------------------------------------------------------

ORDER

An order of the Athletic Trainers Affiliated Credentialing Board to repeal AT 2.02 (2) (Note), 2.03, 2.04, 2.05, 4.01 (Note), and 4.02 (1); to renumber and amend AT 1.02 (1) and (5); to amend AT 1.05, 2.02 (2), 3.01, 3.03, 3.05, and 4.01 (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.), and (5); and to create AT 1.02 (1e) and (4m), relating to practice of athletic trainers.

Analysis prepared by the Department of Safety and Professional Services.

------------------------------------------------------------------------------------------------------------

ANALYSIS

Statutes interpreted:

Section 440.035 (2), Stats.

Statutory authority:

Sections 15.085 (5) (b) and 448.9525 (2), Stats.

Explanation of agency authority:

Section 15.085 (5) (b), Stats., provides an affiliated credentialing board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”

Section 448.9525 (2), Stats., provides that, subject to s. 448.956 (1), (4), and (5), Stats., the Athletic Trainers Affiliated Credentialing Board and the Medical Examining Board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1), Stats.

Related statute or rule:

None.

Plain language analysis:

The rules make the following changes to provide clarity and reflect the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59, which made various changes to the practice of athletic trainers and the duties and powers of the Athletic Trainers Affiliated Credentialing Board:

- Chapter AT 1:

- The definitions of “NATABOC” and “board” are revised and the definitions of “athletic training” and “physical activity” are created based on the respective statutory definitions.

- Section AT 1.05 is revised to specify the Board may accept the results of a credentialing examination administered by a successor agency of the National Athletic Trainers’ Association Board of Certification, Inc. (BOC).

- Chapter AT 2:

- Section AT 2.02 (2) is revised to specify a successor agency of BOC may provide required certifications.

- References to application for and renewal of temporary licenses are removed by repealing ss. AT 2.03, 2.04, and 2.05. 2009 Wisconsin Act 162 eliminated the Board’s authority to issue temporary licenses.

- Chapter AT 3:

- Sections AT 3.01 and 3.03 are revised to specify a successor agency of BOC may provide required approvals and certifications.

- Sections AT 3.03 and 3.05 are revised to reflect s. 440.035 (2), Stats., as created by 2017 Wisconsin Act 59, concerning the Board’s authority to require a credential holder to submit proof of completion of continuing education programs or courses.

- Chapter AT 4:

- 2009 Wisconsin Act 162 replaced the term “athletic injury” with “injury or illness sustained while participating in physical activity.” Sections AT 4.01 (1) (intro.), (2) (intro.), (3) (intro.), and (4) (intro.) are revised to reflect this change in terminology.

- A note in s. AT 4.01 that includes substantive requirements for referrals is repealed. Requirements for referrals are specified in s. 448.956 (1m), Stats., as created by 2009 Wisconsin Act 162.

- Section AT 4.02 (1), which provides a protocol must require an athletic trainer to notify the consulting physician as soon as possible if a person being treated sustains new injuries, is repealed. 2009 Wisconsin Act 162 eliminated this protocol requirement.

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 establish requirements for licensure as an athletic trainer in Illinois and the approval of athletic training programs (68 Ill. Adm. Code 1160.20 to 1160.80).

Iowa:

Rules of the Iowa Board of Athletic Training establish requirements for licensure as an athletic trainer in Iowa (645 IAC 351.1 to 353.5).

Michigan:

Rules of the Michigan Department of Licensing and Regulatory Affairs establish requirements for licensure as an athletic trainer in Michigan, a plan of care for certain athletic training services, and delegation of acts related to the practice of athletic training (Mich Admin Code, R 338.1301 to R 338.1377).

Minnesota:

The Minnesota Statutes, sections 148.7801 to 148.7815, establish requirements for licensure as an athletic trainer in Minnesota and define the scope of athletic training.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing the provisions of 2009 Wisconsin Act 162 and 2017 Wisconsin Act 59 in conjunction with current rules relating to athletic trainers under chs. AT 1 to 4 and obtaining input and feedback from the Athletic Trainers Affiliated Credentialing 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.