STATE OF WISCONSIN
Physical Therapy Examining Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
PHYSICAL THERAPY EXAMINING BOARD
ORDER OF THE
PHYSICAL THERAPY EXAMINING BOARD
ADOPTING RULES
CLEARINGHOUSE RULE 15-027
ORDER
An order of the Physical Therapy Examining Board to repeal PT 1.02 (2), 1.04, and 3.02; to amend PT 1.03 (title) and (1) (intro.) and (a), 2.01 (5), and 8.02; to repeal and recreate PT 8.05, and to create PT 1.03 (1) (e) 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 profession and that interpret the statutes it enforces or administers. Pursuant 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
,
2
and
8
Plain language analysis:
The Physical Therapy Examining
Board (
Board) reviewed its rules and determined that certain provisions needed clarifying. First, s. PT 1.04 was repealed. By requiring the completed application include 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 complete their postsecondary education as a condition 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, the 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.
amends
PT 1.03 to align the administrative code with
2013 WI Act 114
by listing the licensure requirements rather than the application requirements.
SECTION 3.
adds
successful completion of required examinations to the list of licensure requirements.
SECTION 4.
repeals
licensure requirements in s.
PT 1.04
that have been added to s.
PT 1.03
in the proposed rule.
SECTION 5.
amends
PT 2.01 (5) to align the administrative code with
2013 WI Act 114
.
SECTION 6.
repeals
the temporary reentry license.
SECTION 7.
removes
the application form language from s.
PT 8.02
. The Department is transitioning away from mailing paper renewal applications with advances in technology.
SECTION 8.
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) pass the National Physical Therapy Examination, or (4) submit evidence of recent 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 every jurisdiction in which the licensee was licensed or has practiced 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 related 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 restore a license that has lapsed or has not been renewed within two annual license renewal cycles. A licensee 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
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 calling (608) 267-2435.
Agency contact person
:
Sharon
Henes
, 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) 261-2377
; email at
Sharon.Henes@wisconsin.gov
.
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TEXT OF RULE
S
ection
1.
PT 1.02 (2) is repealed.
S
ection
2.
PT
1.03 (title) and (1) (intro.) and (a) are amended to read:
PT 1.03
Applications and credentials
Licensure requirements
.
(1)
Every person applying for any class of license to provide physical therapy services shall
make application on forms provided by the board, and shall
submit to the board all of the following:
(a) A completed and verified application form
provided by the board and the fees specified in s.
440.05 (1)
, Stats
.
S
ection
3.
PT 1.03 (1) (e) is created to read:
PT 1.03 (1)
(e
) Evidence
of successful completion of the examinations specified in
ch.
PT 2
.
S
ection
4.
PT 1.04 is repealed.
S
ection
5.
PT 2.01 (5) is amended to read:
PT 2.01 (5
)
The
board shall notify each applicant
found eligible
for examination of the time and place scheduled for that applicant's examination. Failure of an applicant to appear for examination as scheduled will void the applicant's examination application and require the applicant to reapply for examination unless prior scheduling arrangements have been made with the board by the applicant.
S
ection
6.
PT 3.02 is repealed.
S
ection
7.
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.
S
ection
8.
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 year, 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
specified in
ch.
PT 9
.
(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 9
.
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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