STATE OF WISCONSIN
PHYSICAL THERAPY EXAMINING BOARD
IN THE MATTER OF RULEMAKING
:
PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE
: PHYSICAL THERAPY EXAMINING
PHYSICAL THERAPY EXAMINING
BOARD
BOARD
:
ADOPTING RULES
:
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An or
der of the Physical Therapy Exa
min
in
g Board
to
repeal
ss.
PT 1.02 (2)
and
3.02
; to amend
ss.
PT 1.04
and
8.02
;
to repeal and recreate
s.
PT 8.05
,
relating to temporary reentry licensure.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Pursuant to ss.
15.08 (5) (b)
and
227.11 (2) (a)
,
Stats.,
the Physical Therapy Examining Board (Board) is generally empowered to
promulgate
rules that will provide guidance within the professio
n
and that interpret the
statutes
it enfo
r
ces or administers. P
ursuant to s.
448.55 (3)
,
Stats.
,
the
Board has express authority to, “
promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant
.
” These proposed rules will
give guidance within the profession regarding
the
requirements
for renewing a license. Therefore, the Board is empowered both
generally
and specifically to
promulgate
the proposed rule.
Related statute or rule:
Wis. Admin Code
chs
.
PT 1
,
3
and
8
Plain language analysis:
The Physical Therapy Examining
Board
(
Board)
reviewed it
s
rules and determined that
certain
provisions
needed clarifyin
g.
First
, s
.
PT 1.04
was amended by removing
language regarding the
application deadline date
.
By requiring the completed application in
clude all required documents including verified documentary evidence of graduation from a school of physical therapy
by the application deadline date
the Board is in fact requiring applicants to comp
l
ete their postsecondary education as a conditio
n of taking the exam. The deadline date was
removed in
keeping with
2013 Wisconsin Act 114
which required boards to refrain from requiring the completion of postsecondary education before an applicant is eligible to take a credentialing examination.
Secondly, t
he Board decided to repeal the temporary reentry license found in s.
PT 3.02
and the term candidate for reentry in s.
PT 1.02 (2)
. These provisions were originally designed to allow persons who had not practiced as a physical therapist for a period of 3 years or more an opportunity to gain clinical experience while waiting for full licensure. However,
s.
PT 2.01
(h)
already addresses applicants returning to the practice of
physical therapy after a 3 year
absence by requiring an oral examination.
Lastly, the Board revised
requirements for reinstatement
of a license
found in s.
PT 8.05
by adding conditions applicants need to follow if their license has been surrendered, revoked, or has unmet disciplinary
requirements
.
SECTION 1.
repeals
the term candidate for reentry from the Definitions section.
SECTION 2.
removes
the deadline date from the s.
PT 1.04
.
SECTION 3.
repeals
the temporary reentry license.
SECTION 4.
removes
the application form language from
s.
PT 8.02
.
SECTION 5
.
amends
the reinstatement language found in s.
PT 8.05
by adding
a provision
on unmet discipline.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
Illinois allows
restoration of license which has been expired or on inactive status for more than 5 years. Ill Admin. Code tit. 68 §
1340.60 a).
Licensees must do one of the following to restore their license: (1
) submit
certification of current
licensure
from another state or
territory
, (2) submit an affidavit attesting to military service, (3) pas
s
the National
Physical
Therapy Examinatio
n, or (4) submit evidence of re
ce
n
t attendance at an educational program in physical therapy.
Iowa
:
Iowa allows reactivation of a license
that has been on inactive status for more than five years. Licensees
must provide verification of a license from ever
y
jurisdiction in whi
ch the licensee was
license
d
or has pract
iced
during the time period
that
the
licensee’s
Iowa license was inactive. The licensee must also provide verification of completion of 80 hours of continuing education within 2 years of
the
application for
reactivation
.
645 Iowa Admin. Code 200.15
.
Michigan
:
Michigan
allows
relicensure
of a
license
that has lapsed for 3 years or more.
Licensees
must: (1) submit a completed application on a form provided by the department, (2) pass an examination of Michigan laws and rules r
el
ated to the practice of physical therapy, and (3) either establish that licensee has been
employed
as a physical therapist in another jurisdiction or pass the National Physical Therapy Examination.
Mich. Admin. Code R.338.7137 (2).
Minnesota:
Minnesota
does not renew, reissue, reinstate, or restor
e
a
license
that has lapsed or has
not been renewed within two annual license renewal cycles.
A license
e
whose
license
has been cancelled for nonrenewal must obtain a new license and fulfill all the current
requirements
for licensure at that time. Minn. Statutes 148.737.
Summary of factual data and analytical methodologies:
The methodologies used in developing this proposed rule include reviewing administrative rules and statutes of other states and comparing
them
to current Wisconsin Administrative Code.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule
was
posted
for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days
and no comments were received
.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis
are
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 by email at
Eric.Esser
@wisconsin.gov
, or by calling (608) 267-2435
.
Agency contact person
:
Katie
Paff
,
Administrative Rules Coordinator,
Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-4472
; email at
Kathleen.Paff
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Katie
Paff
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, WI 53708-8935, or by email to
Kathleen.Paff
@wisco
ns
in.gov
.
Comments must be received on or before
the public hearing to be held on May 28, 2015
to be included in the record of rule-making proceedings.
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TEXT OF RULE
SECTION 1. PT 1.02 (2
) is
repealed.
SECTION 2
.
PT
1.04 is
amended to read:
PT 1.04
Application
deadline
and fees
.
The completed application and all required documents must be received by the board
at its office not less than 30 days prior to the date of the examination. The
along with the
required fees specified in s.
440.05 (1)
,
Stats.
,
shall
accompany the application.
SECTION 3
.
PT 3.02
is repealed.
SECTION
4
.
PT. 8.02 is amended to read:
PT 8.02
Renewal required
; method of renewal
.
Each licensee shall renew his or her license biennially with the department.
On or before February 1 of each odd-numbered year
the department shall mail to each licensee at his or her last known address as it appears in the records of the board an application form for renewal
. Each licensee shall complete
a
r
enewal
application form and return it with the required fee to the department prior to the next succeeding March 1.
SECTION 5
.
PT 8.05 is repealed and recreated to read:
PT 8.05 Requirements for
late renewal and
reinstatement
. A license shall expire if it is not renewed by March 1 of each odd-numbered yea
r, except for temporary licenses
granted pursuant to
ch.
PT 3
. A licensee who allows their license to
expire
may apply to
the board
to renew or reinstate
their license
by completing one of the followin
g
:
(1
)
Renewal before 5 years
.
If the licensee applies for renewal of the license less than 5 years after its expiration, the license shall be renewed upon payment of the renewal fee
and completion of the continuing education
requirements
.
(2
)
Renewal
after 5
years
or more
.
If the licensee applies for renewal of the license more than 5 years after its expiration, the board shall make inquiry as it finds necessary to determine whether the applicant is competent to practice under the license in this state,
and shall impose any reasonable conditions on
renewal
of the license, including oral examination, as the board deems appropriate. All applicants under this paragraph shall be required to pass the open book examination on statutes and rules, which is the same examination given to initial applicants.
This section does not apply to licensees who have unmet disciplinary requirements or whose licenses have been surrendered or revoked.
(3)
Reinstatement
.
A
licensee
who
has unmet disciplinary requirements
and failed to renew
within 5 years
of
the renewal date
or
whose
license has been surrendered or revoked,
may apply to have the license reinstated in accordance with
all of the following:
(a)
Evidence
of the completion of the
requirements
under
s.
PT 8.05
(2)
.
(b)
Evidence of
completion
of disciplinary
requirements
, if applicable.
(c) Evidence of
rehabilitation
or change in circumstances warranting reinstatement of the
license
.
Section
6
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
Administrative R
egister, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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