Social Workers, Marriage and Family Therapists Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 440.03 (13), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend s. SFC 3.13 (1) (c), relating to background checks.
Hearing Date, Time and Location
Date:   June 13, 2001
Time:   9:15 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Dept. of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 27, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)
Statute interpreted: s. 440.03 (13)
In this proposed rule-making order s. SFC 3.13 (1) is amended to permit the Social Worker Section to consider any criminal or disciplinary background by an applicant for a social work training certificate. The amendment would require an applicant applying for a social work training certificate to supply information about any prior disciplinary history and to grant authority to the section to deny an application based on a relevant disciplinary history or a criminal history substantially related to the profession.
Currently, there is a requirement that an applicant for a social work training certificate supply information about any criminal history. The rule does not specifically authorize the consideration of that information in the decision to grant a training certificate, nor does it require an applicant to provide any relevant disciplinary history.
Text of Rule
SECTION 1. SFC 3.13 (1) (c) is amended to read:
SFC 3.13 (1) (c) Information requested by the section relating to any convictions or pending charges against the applicant for any criminal or traffic offenses. Proof that the applicant does not have a record of arrests or convictions, subject to ss. 111.321, 111.322 and 111.335, Stats., or a record of prior disciplinary actions against a professional credential in any jurisdiction.
Fiscal Estimate
1. The anticipated fiscal effect on the first liability and revenues of any local or government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Social Workers, Marriage and Family Therapists Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 457.08 (3) (c) and (4) (c), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to amend s. SFC 4.01 (1) (b) 1. and 2., relating to supervision of precertification supervised practice of social work.
Hearing Date, Time and Location
Date:   June 13, 2001
Time:   9:15 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 27, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.
Statutes interpreted: s. 457.08 (3) (c) and (4) (c), Stats.
Currently, supervision may be exercised by “a social worker certified at least at the level of the social worker being supervised, if the supervising social worker is qualified to practice without supervision." This does not adequately protect the public since certain grandfathered social workers without adequate training, knowledge and skill satisfy that definition. This rule-making will require that social workers who supervise a period of pre-certification practice of social work have a master's or a doctor's degree in social work.
Currently, there is no requirement for advance approval of supervisors. This rule-making permits supervision by a psychologist or a psychiatrist “if the social worker section determines that supervision by a certified social worker is unobtainable or unreasonably restrictive of the delivery of social work services to a particular population." Different interpretations of that language have led to misunderstandings. To avoid such situations, advance approval of supervisors other than independent clinical social workers will be required. This rule-making requires a person contemplating supervision by a person other than an independent clinical social worker to obtain approval by the social worker section in advance of the supervision period.
Text of Rule
SECTION 1. SFC 4.01 (1) (b) 1. and 2. are amended to read:
SFC 4.01 (1) (b) 1. A social worker certified at least at the level of the social worker being supervised, if the supervising social worker has a master's or doctoral degree in social work and is qualified to practice without supervision, or
2. A psychologist licensed under ch. 448, Stats., or a psychiatrist licensed under ch. 448, Stats., approved by the social worker section in advance of the supervision of the practice of social work if the social worker section determines that supervision by a certified social worker is unobtainable or unreasonably restrictive of the delivery of social work services to a particular population, or unduly interferes with training social workers in providing services to a particular population.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
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