STATE OF WISCONSIN
Physical Therapy Examining
Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
PHYSICAL THERAPY EXAMINING
BOARD
PROPOSED ORDER OF THE
PHYSICAL THERAPY EXAMINING
BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the
Physical Therapy Examining
Board to create
ch.
PT 10
relating to
authority of physical therapists to order x-rays
.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
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
448.56 (7) (a) (intro.)
, Stats., provides “[a] physical therapist may order X−rays to be performed by qualified persons only if the physical therapist satisfies one of the following qualifications, as further specified by the examining board by rule …”
Related statute or rule:
None.
Plain language analysis:
As required by
2015 Wisconsin Act 375
, the
proposed
rules
specify the qualifications a physical therapist is required to satisfy to order X-rays.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
The following rules governing the
practice of physical therapy
in Illinois, Iowa, Michigan, and Minnesota do not explicitly authorize or prohibit the ordering of X-rays by physical therapists:
Illinois
:
6
8 Ill. Adm. Code 1340
Iowa
:
645 IAC 200 to 203
Michigan
:
Mich
Admin Code, R 338.7101 to R 338.7150
Minnesota:
Minnesota Rules, Chapter
5601
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions of
2015 Wisconsin Act
375
and
obtaining input and feedback from the
Physical Therapy Examining
Board.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. 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) 267-2435.
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
DSPSAdminRules
@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
DSPSAdminRules@wisconsin.gov
. Comments must be received at or before th
e public hearing to be held at 8:30 a.m. on February 8
, 2017, to be included in the record of rule-making proceedings.
------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section
1
.
Chapter
PT 10
is
created to read:
ORDERING X-RAYS
PT 10
.01 Authority and purpose.
The rules in this chapter are adopted by the board pursuant to the authority delegated by ss.
15.08 (5) (b)
and
448.56 (7
)
(a)
,
Stats.,
and
specify the qualifications
a p
hysical therapist must
satisfy to order x-rays
.
PT 10
.0
2 Qualifications
.
A physical therapist may order x-rays to be perf
ormed by qualified persons
if the physical therapist satisfies one of the following qualifications:
(1)
The physical therapist holds
a
n entry level clinical doctorate
or transitional clinical doctoral degree in physical therapy
from a college or university that has a physical therapy program accredited by the Commission on Accreditation in Physical Therapy Education
or a successor organization recognized by the board
.
(2)
The physical therapist has
been issued
a
specialty certification
from the American Board of Physical Therapy Specialties or other
national
organization recognized by the bo
ard. The clinical practice hours leading to the specialty certification
shall include
trainin
g in the practice of ordering x-rays
.
(3)
The physical therapist has completed a residency or fellowship certified by the American Board of Physical Therapy Residency and Fellowship Education or other
national
organization recognized by the board. The residency or fellowship shall include trainin
g in the practice of ordering x-rays
.
(
4
)
The physical therapist has completed a formal x-ray ordering training program
meeting all of the following criteria:
(a) The program constitutes an organized program of learning which contributes directly to the professional competency of a licensee to order x-rays.
(b) The program pertains to subject matters which integrally relate to the practice of ordering x-rays.
(c) The program is conducted by individuals who have specialized education, training, or experience by reason of which the individuals should be considered qualified concerning the practice of ordering x-rays. This shall include demonstrated physician involvement in the development or presentation of the program.
(d) The program fulfills pre−established goals and objectives.
(e) The program provides proof of attendance by licensees.
(f) The program includes a final examination or other assessment of a licensees’ competency to order x-rays.
Section
2
.
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.
(END OF TEXT OF RULE)
