STATE OF WISCONSIN
CHIROPRACTIC EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : CHIROPRACTIC EXAMINING
CHIROPRACTIC EXAMINING : BOARD
BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE )
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PROPOSED ORDER
An order of the Chiropractic Examining Board to repeal Chir 5.02 (1) (cm) 1.; to consolidate, renumber, and amend Chir 5.05 (1) (b) (intro) and 1.; to amend Chir 5.01 (1) (g), and 5.02 (1) (d); and to create Chir 5.02 (1) (a) 5., relating to continuing education.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
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 227.11 (2) (a), Stats., provides that “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute…” Section 446.02 (1) (b), Stats., provides that no person may engage in the practice of chiropractic or attempt to do so or hold himself or herself out as authorized to do so, unless such person “[s]ubmits evidence satisfactory to the examining board that the person meets the requirements of continuing education for license renewal as the examining board may require…” Section 446.025 (3) (b), Stats., provides “[a] chiropractic radiological technician shall, at the time that he or she applies for renewal of a certificate …submit evidence satisfactory to the examining board that he or she has completed at least 12 continuing educational credit hours in programs established by rules promulgated by the examining board.” Section 446.026 (3) (b), Stats., provides “[a] chiropractic technician shall, at the time that he or she applies for renewal of a certificate …submit evidence satisfactory to the examining board that he or she has completed at least 6 continuing educational credit hours in programs established by rules promulgated by the examining board.” Related statute or rule:
Chapter Chir 3 provides the requirements for license renewal, which include the completion of continuing education. Plain language analysis:
The Chiropractic Examining board recently completed a comprehensive revision to Chir 5 which became effective on July 1, 2022. As it exists, there are some areas of Chir 5 that conflict with the statute due to the passage of 2021 Wisconsin Act 253. The Board reviewed and updated the requirements for continuing education based on current practice in the chiropractic profession: 11. Clarified the amount of online continuing education hours. 22. Added provision Chir 5.02 (1) (a) 5. to comply with s. 446.028 (1) (a) 5., Stats., regarding a list of organizations who can sponsor a program. 33. Resolved a statutory conflict in Chir 5.02 (1) (d) regarding program sponsors. 44. Clarified Chir. 5.05 (1) (b) to eliminate a list with only one requirement. Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
The Chiropractic Examining Board held a preliminary hearing on the scope statement for this rule at its October 31, 2024 meeting. No comments were received.
Comparison with rules in adjacent states:
Illinois:
_Hlk49513494Rules of the Illinois Department of Financial and Professional Regulation regulate continuing medical education (CME) for chiropractic physicians practicing in Illinois. The rules provide CME hours requirements, acceptable CME programs and activities, requirements for CME sponsors and formal CME programs, certification of compliance with CME requirements, CME earned in other jurisdictions, and the waiver of CME requirements. Illinois allows for formal and informal CME programs. The formal programs include internet point-of-care learning, which are structured CME activities using online databases to engage in self-directed learning on topics relevant to clinical practice, and live internet webinars. Unstructured online searching and learning is included as an activity among the informal CME programs or activities. [68 IL Admin. Code section 1285.110]
Illinois does not have an equivalent license classification for chiropractic technicians.
Iowa:
Rules of the Iowa Board of Chiropractic regulate continuing education (CE) for chiropractors practicing in Iowa. 481 IAC Chapter 844 is where they specify the required CE hours, standards for CE activities, and exemptions from CE requirements. A chiropractor has to complete 40 hours of CE per biennium of which at least 20 hours are earned by completing a program in which an instructor conducts the class by employing a traditional in-person, classroom-type presentation and the licensee is in attendance in the same room as that instructor. At least 16 hours of CE may be obtained by independent study, which includes any online instruction. Iowa does not have an equivalent license classification for chiropractic radiological technicians or chiropractic technicians.
