CR_15-082 Rules, application, exam and renewal procedures

STATE OF WISCONSIN

Marriage and Family Therapy, Professional

Counseling and Social Work Examining Board

IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE

MARRIAGE AND FAMILY THERAPY, PROFESSIONAL

COUNSELING AND SOCIAL WORK EXAMINING BOARD

ORDER OF THE MARRIAGE AND FAMILY THERAPY, PROFESSIONAL

COUNSELING AND SOCIAL WORK EXAMINING BOARD

ADOPTING RULES

(CLEARINGHOUSE RULE 14-0 82

ORDER

An order of the Marriage and Family Therapy, Professional Counseling , Social Worker Examining Board to repeal MPSW 1.03, and 1.04 (2) (intro), (a) and (b); to renumber MPSW 1.04 (1); and to create 1.035 relating to rules, and application.

Analysis prepared by the Department of Safety and Professional Services .

ANALYSIS

Statutes interpreted: ss. 15.08 (5) (b) , and 457.20(3) , Stats.

Statutory authority: ss. 15.08 (5) (b) , and 440.071 (1) , Stats.

Explanation of agency authority:

The board shall promulgate rules for its own guidance and for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to pharmacy. s. 15.08 (5) (b) , Stats.

The board may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the board grants or issues. s. 440.071 (1) , Stats.

Related statute or rule: N/A

Plain language analysis:

Section 1 and 2 repeals the current rule-making procedure and creates a new procedure. The rules committee is deemed by the board to be obsolete. The Sections of the Board will still propose and draft the rules applying to individual professions and hold the public hearings while the Board will draft rules and hold public hearings for the matters the board deems as a joint interest.

Section 3 renumbers MPSW 1.04 to MPSW 1.04 to reflect there is no other subunit of that rule section.

Section 4 repeals the provisions requiring all application requirements prior to sitting for the examination. 2013 Act 113 prohibits a board from requiring the education be completed prior to the taking the examination. This section removes the requirement of education be completed prior to taking the examination. In addition, this section removes the obsolete requirement that all application materials be submitted 60 days prior to the examination.

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois : Illinois requires marriage and family therapist educati on to be completed prior to examination. Completion of education prior for examination is not required for professional counselors or social workers . A credential may be renewed within 5 years by payment of fees and proof of completion of continuing education. Renewal of a credential after 5 years requires payment of fees, proof of completion of continuing education and either evidence of active practice in another state or proof of passing of the examination during the time the license was lapsed.

Iowa : Iowa does not require marriage and family therapists, mental health counselors or social workers to complete education prior to examination. A credential may be renewed within five years pay fees and verification of continuing education. After five years marriage and family therapists and mental health counselors may renew upon payment of fees and verification of 80 hours of continuing education. After five years social workers may renew upon payment of fees, verification of continuing education and passing of the ASWB examination within last five years at the appropriate credentialing level. Reinstatement of a credential after revocation, suspension or surrendered may not be made until one year after the order or surrender and application shall allege facts which, if established, will be sufficient to enable the board to determine that the basis for the revocation, suspension or surrender no longer exists and it will be in the public interest for the license to be reinstated

Michigan : Michigan requires marriage and family therapy education prior to taking the examination. Professional counselors and social workers do not need to complete education prior to the examination. Marriage and family therapists and professional counselors may renew their credentials within three years by payment of fees and after three years by payment of fees and proof of licensure in another state or pass the examination. Social workers may renew their credentials within three years by the submission fees and proof of completion of continuing education.

Minnesota: Minnesota requires marriage and family therapy education prior to the examination. Professional counselors and social workers may complete examination prior to education. Marriage and family therapist may renew within 5 years by payment of fees and proof of completion of continuing education and after five years by payment of fees, proof of continuing education and passing the exam. Marriage and family therapy revoke credentials may be restored for reasons the board considers sufficient. Professional counselors may renew within two years by payment of fee and continuing education and after two years by meeting current initial requirements. Social workers may renew within one year by payment of fees, proof of meeting continuing education and supervision requirements and after one year by meeting current initial requirements.

Summary of factual data and analytical methodologies:

The Board implemented 2013 Wisconsin Act 114 . In addition, the Board reviewed the rules to bring the rules into compliance with statutes and remove obsolete provisions.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis :

This rule was posted for economic comments for a period of 14 days and none were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis 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) 26 7-2435 .

Agency contact person :

Sharon Henes, Administrative Rules Coordinator , Department of Safety and Professional Services , Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366 , Madison, Wisconsin 53708; telephone [phone] ; email at Sharon.Henes @wisconsin.gov .

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TEXT OF RULE

SECTION 1. MPSW 1.03 is repealed.

SECTION 2. MPSW 1.035 is created to read:

MPSW 1.035 Rule-making. (1) Except as provided in sub. (2), e ach section shall be responsible for proposing and drafting rules applying to its profession, and for holding public hearings on those rules. The board may approve and adopt rules proposed by any section of the board.

(2) The board shall be responsible for promulgating rules applying to matters that the board determines are of joint interest among the sections .

SECTION 3. MPSW 1.04 (1) is renumbered to MPSW 1.04.

SECTION 4 . MPSW 1.04 (2) is repealed.

S ECTION 5 . 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)