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 1.02 (12)
, relating to definition of licensed independent practitioner
.
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
an examining board
“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
s
or rule
s
:
None.
Plain language analysis:
The
proposed rule
s
reflect the provisions of
2015 Wisconsin Act 375
, which grants qualified physical therapists the authority to order X-rays.
Current rules provide the scope of practice for radiographers involves the production of images for the interpretation by, or at the request of, a licensed independent practitioner. “Licensed independent practitioner” as defined in current rules does not include a physical therapist. The proposed rule
s
amend the definition of “licensed independent practitioner” to
include a physical therapist who is licensed under s.
448.53
, Stats., and satisfies one of the qualifications under s.
448.56 (7) (a)
, Stats.
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
: 68 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
32 Ill.
Admin. Code 401
, which provides for accreditation
in the practice of medical radiation technology
in Illinois
;
645 IAC 42, which provides for permits to operate ionizing radiation producing machines or administer radioactive
materials in Iowa; and Minn. Stat. 144.21, which provides requirements for X-ray operators,
do not address qualifications for ordering X-rays. Michigan
does not
have requirements
for
the
licensure or credentialing of X
-ray machine operators.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the provisions
of
2015 Wisconsin Act 375
in conjunction with
current rules relating to
the definition of licensed independent practitioner
under s.
RAD
1.02 (12)
.
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) 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
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 the
public hearing to be held at 9:00 a.m. on March 1
, 2017, to be included in the record of rule-making proceedings.
------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section
1
.
RAD 1.02
(
1
2) is amended to read:
RAD 1.02
(
1
2)
"Licensed independent practitioner" means a physician licensed under s. 448.04 (1), Stats.
,
;
a dentist licensed under s. 447.04 (1), Stats.
,
;
a podiatrist licensed under s. 448.63, Stats.
,
;
a chiropractor licensed under s. 446.02, Stats.
,
;
an advance practice nurse prescriber certified under s. 441.16 (2), Stats.
,
or
;
a physician assistant licensed under s. 448.04 (1) (f), Stats.
,
; subject to s.
448.56 (7) (a)
, Stats.,
a physical therapist licensed under s.
448.53
, Stats.
;
or other health care provider who is defined as
a
an
independent practitioner.
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)
