CR 25-020 Rule Text

STATE OF WISCONSIN

ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD

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IN THE MATTER OF RULEMAKING   :   PROPOSED ORDER OF THE

PROCEEDINGS BEFORE THE     :   ATHLETIC TRAINERS AFFILIATED

ATHLETIC TRAINERS AFFILIATED   :   CREDENTIALING BOARD

CREDENTIALING BOARD       :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE )

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PROPOSED ORDER

An order of the Athletic Trainers Affiliated Credentialing Board to amend AT 4.01 (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.), and (4) (c), relating to protocol requirements.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted: Sections 448.955 (3) (c), 448.956 (1) (a), and 448.956 (4), Stats.

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

Explanation of agency authority:

Section 15.085 (5) (b), Stats. states that “[Each affiliated credentialing board] shall 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 448.9525 (2), Stats., states that “subject to s. 448.956 (1), (4) and (5), the 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).”

Related statute or rule: None.

Plain language analysis:

The proposed rule updates the Protocol Requirements in chapter AT 4 by adding the statutory exceptions in ss. 448.956 (2) and (3), Stats., to AT 4.01 (1), (2), (3) and (4) as well as updates AT 4.01 (4) (c) to include “manual therapy.” These changes align the Wisconsin Administrative Code more closely with current practice in the Athletic Training Profession.

Summary of, and comparison with, existing or proposed federal regulation: None.

Comparison with rules in adjacent states:

Illinois: The Illinois Department of Financial and Professional Regulation is responsible for the licensure and regulation of Athletic Trainers in Illinois, with input from the Illinois Board of Athletic Trainers. The Illinois Board is also responsible for the promulgation of rules to implement certain sections of the Illinois Athletic Trainers Practice Act. This Act includes a list of duties that an Athletic Trainer can provide, including coordination with a physician to provide a physical exam, follow-up injury care, and reconditioning programs among other services. They can also perform several services independently including on-site injury care and evaluation. An evaluation and treatment protocol does not appear to be required in Illinois, however many elements of a protocol are listed as duties that an Athletic Trainer can provide [225 Illinois Compiled Statutes Chapter 5 Section 3 Subsection 4].

Iowa: The Iowa Public Health Department is responsible for the licensure and regulation of Athletic Trainers in Iowa, with input from the Iowa Board of Athletic Trainers. Chapter 152D of the Iowa Code outlines the statutes for the regulation of the practice of athletic training in Iowa. These statutes include general requirements for licensure and duties of the Iowa Board [Iowa Code Title IV Chapter 152D]. The Iowa Administrative Code includes rules that establish that each licensee must ensure that documentation of physician direction is obtained and maintained, including an athletic training service plan, referrals, initial evaluations and assessments, and dates of subsequent follow-up care. Athletic Trainers in Iowa are also required to have their athletic training service plans comply with the Practice Standards and Code of Professional Responsibility parts of January 2018 Standards and Professional Practice from the Board of Certification [645 Iowa Administrative Code Chapter 351].

Michigan: The Michigan Athletic Trainer Board is responsible for the licensure and regulation of Athletic Trainers in Michigan. Act 368 Article 15 of the Michigan Compiled Laws includes the regulations for Athletic Trainers in Michigan, among several other occupations [Michigan Compiled Laws Act 368 Article 15 Chapter 333 Part 179]. The Michigan Department of Licensing and Regulatory Affairs, in conjunction with the Michigan Board, promulgates administrative rules that include requirements for licensure, education, and examination, among other topics. Michigan has also adopted by reference the January 2021 Standards of Professional Practice from the Board of Certification. Outside of those standards, there do not appear to be any additional requirements for service or treatment plans or protocols [Michigan Administrative Code R 338.1301-R 338.1378].

Minnesota: The Minnesota Board of Medical Practice is responsible for the licensure and regulation of Athletic Trainers in Minnesota. The Minnesota Athletic Trainers Act includes statutory requirements for limitations on practice, licensure, and continuing education, among other topics [Minnesota Statutes Section 148.7801 to 148.7815]. Part 5600 of the Minnesota Administrative Code includes rules establish by the Minnesota Board, but does not mention requirements for service or treatment plans or protocols for athletic trainers [Minnesota Administrative Rules Chapters 5600 to 5620].

Summary of factual data and analytical methodologies:

The proposed rule was developed by reviewing Wisconsin Administrative Code Chapter AT 4 and obtaining input and feedback from the Athletic Trainers Affiliated Credentialing Board.

Pursuant to s. 448.9525 (2), Stats., a delegate from the Medical Examining Board worked with the Chairperson of the Athletic Trainers Affiliated Credentialing Board to finalize this rule.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The proposed rules was 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.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted at [e-mail] or [phone].

Agency contact person:

Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before the public hearing, held on April 29, 2025, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. AT 4.01 (1) (intro.), (2) (intro.), (3) (intro.), (4) (intro.), and (4) (c) are amended to read:

AT 4.01 (1) (intro.) Taking a basic medical history when necessary for evaluation and treatment of an injury or illness sustained while participating in physical activity and as outlined in ss. 448.956 (2) and (3), Stats. A basic medical history may include any of the following:

(2) (intro.) Evaluating an injury or illness sustained while participating in physical activity and as outlined in ss. 448.956 (2) and (3), Stats. An evaluation may include any of the following procedures:

(3) (intro.) Treating an injury or illness sustained while participating in physical activity and as outlined in ss. 448.956 (2) and (3), Stats. Treatment may include any of the following procedures:

(4) (intro.) Rehabilitating an injury or illness sustained while participating in physical activity and as outlined in ss. 448.956 (2) and (3), Stats. Rehabilitation may include any of the following procedures:

(4)(c) Trigger point and manual therapy.

Section 2. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.