public notice
The statement of scope below was published in
Regi
ster 710A2
on February 9
, 2015, and
incorrectly designated SS
009-14
. The correct number is SS
009-15
. The Legislative Reference B
ureau has corrected
Register 710
A2
to reflect the change.
Bruce Hoesly
Editor Wisconsin Administrative Register.
Statement of Scope
OCCUPATIONAL
THERAPISTS
AFFILIATED CREDENTIALING BOARD
Rule No.
:
|
OT 4
|
|
|
|
Relating to
:
|
Self-
Referral
of occupational therapy services
|
1. Finding/nature of emergency (Emergency Rule only):
N/A
2
.
Detailed description of the objective of the
proposed
rule
:
The objective
of
the proposed rule is to amend
current
Wisconsin Administrative Code
to
allow o
ccupa
tional therapists
to
self-refer occupational therapy services
which would increase the number and types of services an occupational therapist may provide.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
An occupational therapist may receive an order or a referral to perform occupational therapy services for a patient. Orders identify the need for occupational therapy evaluation a
nd intervention while a referral
is the act of requesting occupational therapy services.
Currently
,
physicians, dentists or podiatrists may
order
occupational therapy evaluation
.
However, o
ccupational therapists may accept r
eferrals
from a variety of health care professionals including advance practice nurses, chiropractors, optometrists, physical therapists
and physician assistants.
Wis. Admin. Code
s.
OT 4.03 (2) (b)
.
Furthermore there are some services occupational therapist can perform without the need of a referral such as
consultation, habilitation, screening, client education, wellness, prevention, environmental assessments, and work-related ergonomic services.
According to Wis. Admin. Code
s.
OT 4.03
(2
)(e) neither an order or a referral from
a
physician
is required for evaluation or intervention if OT services are provided in an educational environment, including in a child’s home if the child has disabilities.
The
proposed rule seeks to
clarify that occupational therapist
s
are able to
self-refer occupational therapy services
along with the
host of other health care professionals
that are
listed
above
.
Currently
,
the rule allows other health care professionals to refer occupationa
l therapy services
.
However,
the rule
do
es
not specifically state that occupational ther
apists are allowed to self-
refe
r.
Occupational therapists self-referring would allow patients greater access to health care and
would alleviate
occupational therapist
s
from
relying solely on receiving orders
and referrals from other health care professionals
in order to provide health care services.
The proposed rule will also provide clarity to the process of renewing a license after 5 years by updating provisions regarding licensure
renewal and
reinstatement. The term reinstatement will be defined as a process by which a licensee whose license has been surrendered or revoked or has a license with unmet disciplinary requirements which has not been renewed within five years of the renewal date may apply to have their license reinstated with or without conditions.
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
Section
15.085 (5) (b)
,
Stats., provides that affiliated credentialing boards such as the Occupational Therapists Affiliated Credentialing Board, “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” The proposed rule will provide guidance to occupational therapists regarding the topic of who may refer occupational therapy services.
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, but a rule is not valid if the rule exceeds the bounds of correct interpretation.”
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
State employees will spend approximately 80 hours developing the proposed rule.
6
.
List with description of all entities that
may
be affected by the proposed rule
:
Licensed occupational therapists and their patients will be affected by the proposed rule.
7
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
None.
8
. Anticipated economic impact of implementing the rule
(note if the rule is likely to have a significant economic impact on small businesses)
:
This proposed rule will have minimal or no economic impact on small businesses.
