STATE OF WISCONSIN
CHIROPRACTIC EXAMINING BOARD
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
CHIROPRACTIC EXAMINING BOARD
ORDER OF THE
CHIROPRACTIC EXAM
INING BOARD
ADOPTING RULES
CLEARINGHOUSE
RULE 14-068
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ORDER
An order of the Chiropractic Examining Board to repeal Chir 2.03 (2), 2.07 (3) and 2.11 (2) and (3), to amend Chir 2.025, 2.03 (1), 2.07 (1), 3.03 (1) (e), 3.03 (2) (f) and (g), to repeal and recreate Chir 3.03 (1) (f), and to create Chir 2.12 relating to practical exams for chiropractors.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
The Chiropractic Examining Board, is generally empowered by ss.
15.08 (5) (b)
, and
227.11 (2) (a)
, Stats., to promulgate rules that provide
guidance
within the profession and
that interpret the provision of any statute it enforces or administers. This proposed rule was prompted by the passage of
2013 Wisconsin Act 20
which repealed the practical examination requirement for chiropractors. This change required the Chiropractic Examining Board to promulgate rules which interpret s.
446.02 (3) (b)
, Stats., and will provide guidance within the profession regarding examination requirements for chiropractors.
Related statute or rule:
None.
Plain language analysis:
The proposed rule seeks to amend provisions of Wis. Admin. Code chs.. Chir 2 and 3 to reflect a change in examination requirements due to the passage of
2013 Wisconsin Act 20
. Prior to the Act, chiropractors seeking licensure in Wisconsin had to take and pass a practical examination administered by the Chiropractic Examining Board in accordance with s.
446.02 (3) (a)
, Stats.
2013 Wisconsin Act 20
eliminated the practical exam requirement for chiropractors by repealing s.
446.02 (3) (a)
, Stats. Act 20 replaced the practical exam with the requirement to successfully complete Parts I, II, III, and IV of the National Board of Chiropractic Examination administered by the National Board of Chiropractic Examiners. (NBCE) The passing score was set by the legislature at least 438 for Part III and at least 475 for Part IV. Having eliminated the practical exam, Act 20 carved out a grandfather clause consisting of a class of applicants that had taken the practical exam between January 1, 2012 and July 2, 2013, the effective date of the Act. The grandfather provision stipulated applicants that had taken the practical exam under s.
446.02 (3) (a)
, Stats., were not required to successfully complete the practical exam. However, applicants must have achieved a passing score of 375 or higher on Part III and 375 or higher on Part IV of the NBCE Exam and must have successfully completed the exam testing the applicant’s knowledge of Wisconsin laws related to the practice of chiropractic. The proposed rules will amend selected provisions of Chir 2 and 3 to bring the current Wisconsin Administrative Code in alignment with the statutory requirements.
SECTION 1. removes the practical examination requirement from the time for completing application provision.
SECTION 2. strikes the parenthetical phrase “but not limited to”
SECTION 3. repeals the practical examination requirement.
SECTION 4. amends the passing grade provision to reflect that the passing grade is set by the legislature.
SECTION 5. repeals the practical examination requirement.
SECTION 6. creates a new provision exempting applicants who have taken the practical exam between January 1, 2012 and June 30, 2013 from passing the practical exam.
SECTION 7. sets forth the practical exam equivalents for endorsement candidates.
SECTION 8. sets forth the special purpose examination equivalents for endorsement candidates.
SECTION 9. amends the provisions regarding verifying completion of a practical or special purpose exam and their equivalents.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
: Illinois requires applicants to pass Parts I, II, and III of the National Board of Chiropractic Examination with a score of at least 375 on all 3 parts of the test.
68
I
LL. Admin. Code 1285.60
b).
Iowa
: Licensure in Iowa requires passing Parts I, II, III, and IV of the National Board of Chiropractic Examination. 645 IAC 41.2.
Michigan
: Michigan requires applicants to pass Parts I, II, III, and IV of the National Board of Chiropractic Examination and has adopted the NBCE’s recommended passing score.
Mich.
Admin. Code
R. 338.12003 and 338.12005.
Minnesota:
The prerequisites for licensure in Minnesota include passing the National Board of Chiropractic Examination Parts I and II, the Written Clinical Competency Examination, and the Physiotherapy Examination. Applicants must also pass the NBCE Part IV and an exam on jurisprudence/ethics. Minn. R. 2500.0720.
Summary of factual data and analytical methodologies:
No f
actual data or analytical methodologies were used in the preparation of the proposed rule due to the changes being
necessitated b
y
2011 Wisconsin Act 20
.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
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.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate
and Economic Impact Analysis document 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 by email at
Eric.Esser
@wisconsin.gov
, or by c
alling (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
8366
, Madison, Wisconsin 53708; telephone
(608) 261-4472
; email at
Kathleen.Paff@wisconsin.gov
.
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TEXT OF RULE
Section
1.
Chir 2.025 is amended to read:
Chir 2.02
5
Time for completing applications and taking examination.
An application is incomplete until all materials described in s.
Chir 2.02
are filed with the board. All application materials described in s.
Chir 2.02
shall be filed with the board within one year from the date the first item is filed. If an application is incomplete for more than one year, or if an applicant fails to take an examination within one year from
the date the
application is complete
first item was filed
, the applicant shall begin the application process anew
in order to take the practical examination demonstrating clinical competence for a license as a chiropractor
.
Section
2.
Chir 2.03 (1) is renumbered Chir 2.03 and amended to read:
Chir 2.03 (1)
State law examination
. An applicant shall pass an examination on state laws including
but not limited to
ch.
446
, Stats.
,
and chs.
Chir 1
to
11
12
.
Section
3.
Chir 2.03 (2) is repealed.
Section
4.
Chir 2.07(1) is amended to read:
Chir 2.07 (1
)
National examination
.
To pass the examination of the national board of chiropractic examiners, each applicant
for licensure by exam
shall receive a grade determined by the
board
legislature
to
represent minimum competence to practice.
The board may adopt the passing grade recommended by the national board of chiropractic examiners
.
Section
5.
Chir 2.07 (3)
and 2.11 (2) and (3) are repealed.
Section
6.
Chir 2.12 is created to read:
Chir 2.12
Practical examination demonstrating clinical competence
. An applicant who applied for licensure as a chiropractor between January 1, 2012 and July 2, 2013, and who took the practical exam, under s.
446.02 (3) (a)
, 2011 Stats., shall not be required to have successfully completed the practical exam and shall be considered to have satisfied all examination requirements to obtain a license to practice as a chiropractor in this state if the person has completed all of the following:
(1)
Achieved a score of 375 or higher on Part III of the examination administered by the National Board of Chiropractic Examiners.
(2)
Achieved a score of 375 or higher on Part IV of the examination administered by the National Board of Chiropractic Examiners.
(3)
Successfully completed the exam on Wisconsin laws, pursuant to s.
Chir 2.03
, related to the practice of chiropractic.
Section
7.
Chir 3.03 (1) (e) is amended to read:
Chir 3.03 (1)
(e) Has successfully
completed
a practical examination demonstrating clinical competence
which
, i
n the board's judgment
, is
substantially equivalent to the practical examination de
monstrating
clinical competence
is
accepted by
is acceptable to
the board
.
The board will find acceptable any one of the following as an equivalent to a practical examination: Part IV of the examination administered by the National Board of Chiropractic Examiners, the state practical exam from the endorsement candidate’s jurisdiction, or the special purpose examination in chiropractic under par. (f).
Section
8.
Chir 3.03 (1) (f) is repealed and recreated to read:
Chir 3.03 (1)
(f) Has successfully completed the special purpose examination in chiropractic, if the applicant has not completed one of the following:
1. P
assed
P
arts
I and II
of
the examination administered by the
National Board of Chiropractic Examiners
and a state practical exam from the endorsement candidate’s jurisdiction.
2. Passed Parts I, II, III and IV of the examination administered by the National Board of Chiropractic Examiners.
Section
9.
Chir 3.03 (2) (f) and (g) are amended to read:
Chir 3.03 (2)
(f) Verification of successful completion of a practical examination
,
or its equivalent,
demonstrating clinical competence which
,
i
n the
board's judgment
, is substantially
equivalent to the practical examination demonstrating clinical
competence
is
accepted
by the board. The verification shall be forwarded directly to the board from the state that administered the examination or from the national board.
Chir 3.03 (2)
(g)
Proof of successful completion of the special purpose examination in chiropractic or
the initial licensure
P
arts I, II
,
III
,
and IV
of
the
examination of the
national b
oard of
c
hiropractic
e
xaminers. The proof of completion shall be forwarded directly to the board from the institution that administered the examination
.
Section 10
.
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.
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(END OF TEXT OF RULE)
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