CR 20-056 Rule Text

STATE OF WISCONSIN

PHYSICAL THERAPY EXAMINING BOARD

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   PHYSICALTHERAPY

PHYSICAL THERAPY EXAMINING   :   EXAMINING BOARD   BOARD           :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 20-056) ------------------------------------------------------------------------------------------------------------

ORDER

An order of the Physical Therapy Examining Board to repeal PT 1.03 (3) (d) (Note 2) and 3.01 (4) (Note); to renumber and amend PT 3.01 (1); to amend ch. PT 1 (title), 1.01 (1) and (2), 1.02 (12), 3.01 (2) (Note) and (3) to (6), 4.01 (1) (a) (Note) and (d), 5.01 (1), 5.02 (1) and (2) (intro.), and 7.025 (4); and to create PT 1.02 (11e), (11m), and (11s), 1.04, 2.001 (2) (Note), and 3.01 (1) (a) to (d), (1g), and (1r), relating to implementation of the Physical Therapy Licensure Compact.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Subchapter IX of ch. 448, Stats.

Statutory authority:

Sections 15.08 (5) (b) and 448.986 (3), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides that an examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.”

Section 448.986 (3), Stats., provides that “[t]he examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a) 7., if such a requirement is imposed by the examining board under s. 448.54 in order to obtain a license under s. 448.53 or 448.535.”

Related statute or rule:

Subchapter IX of ch. 448, Stats., as created by 2019 Wisconsin Act 100, ratifies the Physical Therapy Licensure Compact.

Plain language analysis:

The Physical Therapy Examining Board conducted a comprehensive evaluation of its rules to implement the Physical Therapy Licensure Compact and ensure clarity and consistency with applicable Wisconsin statutes. As a result, updates have been made to do all of the following:

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Create definitions of “physical therapist,” “physical therapist assistant,” and “physical therapy.”

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Amend the definition of “supervisor” to specify it includes a person holding a physical therapist compact privilege granted by the Board, but does not include a person holding a temporary license or a locum tenens license.

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Identify the requirements for obtaining a compact privilege, including a requirement that an individual seeking a compact privilege successfully complete a jurisprudence examination.

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Clarify the requirements for a temporary license to practice as a physical therapist or physical therapist assistant under supervision.

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Clarify that a locum tenens license may not be issued based on a request for services from a person who holds a temporary license as a physical therapist, and specify that a locum tenens license may be issued based on a request for services from a person who holds a physical therapist compact privilege granted by the Board.

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Specify that engaging in fraud, deceit, or misrepresentation in applying for, procuring, or maintaining a compact privilege constitutes unprofessional conduct.

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

None.

Comparison with rules in adjacent states:

Illinois:

Illinois is not a member state of the Physical Therapy Licensure Compact.

Iowa:

Iowa is a member state of the Physical Therapy Licensure Compact, and is actively issuing compact privileges. Rules of the Iowa Board of Physical and Occupational Therapy address issuing a compact privilege and the practice of physical therapy under a compact privilege (645 IAC 200.3).

Michigan:

Michigan is not a member state of the Physical Therapy Licensure Compact.

Minnesota:

Minnesota is not a member state of the Physical Therapy Licensure Compact.

Summary of factual data and analytical methodologies:

The rules were developed by reviewing subch. IX of ch. 448, Stats., which ratifies the Physical Therapy Licensure Compact, and conducting a comprehensive evaluation and update of the Physical Therapy Examining Board’s rules in order to implement the Compact.

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.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator, Dan Hereth, may be contacted by calling [phone].

Agency contact person:

Kassandra Walbrun, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1.   Chapter PT 1 (title) is amended to read:

CHAPTER PT 1