STATE OF WISCONSIN
Radiography Examining Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
RADIOGRAPHY EXAMINING BOARD
PROPOSED ORDER OF THE
RADIOGRAPHY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the
Radiography Examining Board
to amend RAD 4.01 (2) and 4.02 (2) relating to scope of practice.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutes interpreted:
None.
Explanation of agency au
thority:
Section
15.08 (5) (b)
,
Stats.,
provides examining boards, “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”
Section
227.11 (2) (a)
, Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .but a rule is not valid if the rule exceeds the bounds of correct interpretation.”
Related statute or rule:
None.
Plain language analysis:
The current rule defines the scope of practice for radiographers and limited X-ray machine operators by reference to the standards set by the American Society of
Radiologic
Technologists (ASRT) in 2010.
ASRT updated the standards in 2013. The proposed rule would amend the administrative code to reference the 2013 standards.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois
:
The standards of practice in Illinois Administrative Code do not reference the American Society of Radiologic Technologist standards.
Iowa
:
The standards of practice in Iowa Administrative Code do not reference the American Society of Radiologic Technologist standards.
Michigan
:
The standards of practice in Michigan Administrative Code do not reference the American Society of Radiologic Technologist standards.
Minnesota:
The standards of practice in Minnesota Administrative Code do not reference the American Society of Radiologic Technologist standards.
Summary of factual data and analytical methodologies:
This rule
update
s
the applicable scope of practice
standards to reference the current
2013
American Society of Radiologic Technologists
standards.
Neighboring states requirements were also reviewed.
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.
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
Jeffrey.Weigand
@wisconsin.gov
, or by calling (608) 26
7
-
2435
.
Agency contact person
:
Dale Kleven
,
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
Dale2.Kleven
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Dale Kleven
, 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
Dale2
.
Kleven
@wisco
ns
in.gov
.
Comments must be received on or before
August 3, 2016
to be included in the record of rule-making proceedings.
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TEXT OF RULE
Section
1
.
RAD 4.01 (2) is amended to read:
RAD 4.01 (2)
The scope of practice of a licensed radiography is defined in the Radiography Standards, Practice Standards for Medical Imaging and Radiation Therapy,
2010
2013
American Society of Radiologic Technologists.
Section
2
.
RAD 4.02 (2) is amended to read:
RAD 4.02 (2
)
The
scope of practice of a LXMO is defined in the Limited X-ray Machine Operator Practice Standards,
2010
2013
American Society of Radiologic Technologists.
Section
3
.
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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