SECTION 23 provides guidance on the appropriate use of lancets for lateral piercing of whiteheads.
SECTION 24 notes that the rules regarding disinfecting tweezers used in electrolysis are different than for general cosmetology.
SECTION 25 adds a requirement that proper maintenance of sterilizers includes following manufacturers recommendations regarding maintenance procedures.
SECTION 27 acknowledges that ear piercing may be performed by licensees and allows use of waterless alcohol base washing agents as a substitute for soap and water.
SECTION 28 clarifies that use of a topical antiseptic is required before performing a waxing procedure.
SECTION 29 establishes waxing as part of the scope of practice for properly trained electrologists and manicurists. This SECTION establishes the training standards for those licensees seeking to provide waxing services.
SECTION 30 eliminates language that is redundant as a result of the adoption of SECTION 23 above.
SECTIONS 31, 32 and 33 modify the training standards to reflect the addition of the concept of nail enhancements as a practice skill.
SECTION 34 eliminates a restriction that apprentices work only under the supervision of a manager making the language consistent with SECTION 18, which allows supervision by a properly designated practitioner with at least 2,000 hours of experience.
SECTION 35 adds a provision for temporary absence of a manager and allowing temporary supervision of apprentices by a qualified and designated practitioner.
SECTION 36 modifies the training standards for apprentices to acknowledge nail enhancements as a practice skill.
SECTION 37 modifies the title of the chapter to recognize that the chapter deals with all licenses and eliminates language suggesting the chapter only addresses licensees from other jurisdictions.
SECTION 38 clarifies the title of the chapter to show that it addresses license applications for which an examination is not needed and relocates the SECTION to a more appropriate location.
SECTION 39 repeats the basic statutory licensing requirements in a rule.
SECTION 40 creates a provision for renewal of licensure by licensees who are currently practicing out of state.
Summary of, and comparison with, existing or proposed federal regulation
The federal government does not regulate barbers and cosmetologists, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries for microdermabrasion, chemical peels, waxing, managers, artificial nails, or nail technology for barbers or cosmetologists.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rule will have no impact on the department's funds.
Effect on small business
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before February 20, 2006 to be included in the record of rule-making proceedings.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b),
227.11 (2),
457.03 (1) and
457.22 (1) (a), Stats., and interpreting s.
457.08, Stats., the Social Worker Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to create repeal s.
MPSW 8.03 (2) (f); to amend ss.
MPSW 8.02 (1) and
8.03 (2) (e); and to create s.
MPSW 8.03 (1m) (d) to
(f), relating to continuing education credits for social workers.
Hearing Date, Time and Location
Date: February 1, 2006
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 13, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: Section
457.08, Stats.
Explanation of agency authority: Chapter
MPSW 8 sets forth the requirements for obtaining continuing education for social workers. Each biennium social workers are required to obtain a minimum of 30 continuing education credits, which may be taken in different subject areas, provided the coursework is sponsored by acceptable organizations or entities. Additionally, credit limitations exist, depending on the particular type of continuing education program or presentation. This amendment is intended to expand the scope of acceptable continuing education organizations, including, for instance, the American Medical Association, the American Psychological Association, and the American Osteopathic Organization. It also permits credit for continuing education programs that are recognized by the Professional Counseling Section and by the Marriage and Family Therapist Section. This amendment also modifies the credits one can obtain for interactive internet courses and self-study courses, limiting the combined total to 21 credits, with maximums of 10 credits for self-study courses and 16 credits for internet courses. However, self-study courses are not permitted to be used for satisfying the social work ethics requirement.
Related statute or rule: There are no other statutes or rules other than those listed above.
Plain language analysis: Under existing rules for continuing education programs, there is a lack of uniformity among the Marriage and Family Therapists, Professional Counselors and Social Worker Sections with respect to continuing education, including the criteria and acceptance of various programs. Current rules do not allow credential holders access to continuing education courses offered to marriage and family therapists or professional counselors. Additionally, credential holders may not receive continuing education credit for teaching, publishing or presenting. Finally, under current rules, credential holders are not able to take courses approved or sponsored by the American Psychology Association.
The modification to this rule will permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences, all of which may require substantial preparation and/or research related to the knowledge and practice of social work. Additionally, this modification will permit continuing education credit to be granted to those credential holders who take courses approved by the Marriage and Family Therapists Section or by the Professional Counselors Section. Finally, the proposed rule will allow credential holders to take courses approved or sponsored by the American Psychology Association. Access to these courses will provide a substantial benefit to the practice of social work.
SECTION 1 amends MPSW 8.02 (1) by changing the credentialing period date from July 1 to March 1 pursuant to s.
457.20 (2), Stats.
SECTION 2 creates MPSW 8.03 (1m) (d) to (f) and provides that any continuing education program approved, sponsored or co-sponsored by a presenter approved by the committee for the approval of continuing education sponsors of the American Psychological Association is acceptable. It further provides that any educational programs recognized as approved at the time of attendance as “Category I" continuing education programs by the Council on Medical Education of the American Medical Association or the American Osteopathic Association are acceptable. Finally, it provides that any educational programs recognized by the Marriage and Family Therapist Section and the Professional Counselor Section are acceptable.
SECTION 3 amends MPSW 8.03 (2) (e) by providing interactive internet learning courses offered by an accredited university or preapproved by the ASWB: 1 CEH per .1 CEU of instruction, or self-study courses approved by accredited college or university schools of social work, local or national professional social work organizations, or the association of social work boards, 1 CEH per credit completed, but no more than 21 total CEHs for interactive internet courses and self-study courses will be accepted in any 2 year credentialing period with a maximum of 10 CEHs for self-study courses and a maximum of 16 CEHs for internet courses. Self-study courses shall not be used to satisfy the social work ethics requirement.
SECTION 4 repeals MPSW 8.03 (2) (f).
Fiscal Estimate
The Department of Regulation and Licensing will incur the equivalent of $1,913 costs in staff time to audit the continuing education requirements.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business:
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Email:
pamela.haack@drl.state.wi.us. Comments must be received on or before February 13, 2006, to be included in the record of rule-making proceedings.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b),
227.11 (2),
457.03 (1) and
457.22 (1) (c), Stats., and interpreting s.
457.22 (1) (c), Stats., the Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to create ss.
MPSW 14.03 (4m) and
14.04 (6) to
(9), relating to continuing education credits for professional counselors.
Hearing Date, Time and Location
Date: January 31, 2006
Time: 1:15 p.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 10, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority
Chapter
MPSW 14 sets forth the requirements for obtaining continuing education for professional counselors. Each biennium professional counselors are required to obtain a minimum of 30 continuing education credits, provided the coursework is sponsored by acceptable organizations or entities. However, there is no specific requirement as to what type or category of continuing education they must take. This amendment would require licensees to have a minimum of 15 credits in certain categories and would further require that at least 4 of those 15 credits be in the subject of professional counseling therapy ethics and boundaries. In addition, this amendment expands the scope of acceptable continuing education organizations, including, for instance, the American Medical Association, the American Psychological Association, and the American Osteopathic Organization. It also permits credit for continuing education programs that are recognized by the Marriage and Family Therapist Section and the Social Worker Section. Furthermore, it increases the type of credits that will be given for continuing education including, for instance, formal presentations at professional seminars, educational sessions at state and national conferences, interactive internet courses, and authorship in various publications.
Related statute or rule: There are no other statutes or rules other than those listed above.
Plain language analysis: Under the existing rules for continuing education programs, there is a lack of uniformity among the Marriage and Family Therapists Section, the Professional Counselors Section, and the Social Worker Section, with respect to continuing education, including the criteria and acceptance of various programs. Current rules do not allow credential holders access to continuing education courses offered to marriage and family therapists or social workers. Additionally, credential holders may not receive continuing education credit for teaching, publishing or presenting. Finally, under current rules, credential holders are not able to take courses approved or sponsored by the American Psychology Association.
This proposed rule-making order will permit continuing education credits to be granted for additional items, including but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences, all of which may require substantial preparation and/or research related to the knowledge and practice of professional counseling. Additionally, this amendment will permit continuing education credit to be granted to those credential holders who take courses approved by the Marriage and Family Therapist Section and the Social Worker Section. And, the proposed rule will allow credential holders to take courses approved or sponsored by the American Psychology Association. Access to these courses will provide a substantial benefit to the practice of professional counseling.
SECTION 1 creates s.
MPSW 14.03 (4m) which requires licensees to take a minimum of 15 credits in approved professional counseling continuing education programs and other educational activities. Four of the 15 credits shall be in the subject area of professional counseling ethics and boundaries.
SECTION 2 creates s.
MPSW 14.04 (6) to
(9) to provide that any continuing education program approved, sponsored or co-sponsored by a presenter approved by the Committee for the Approval of Continuing Education Sponsors of the American Psychological Association will be acceptable. It also provides that any educational programs recognized as approved at the time of attendance as “Category I" continuing medical education programs by the Council on Medical Education of the American Medical Association or the American Osteopathic Association is acceptable. Additionally, any educational programs recognized by the Social Worker Section and the Marriage and Family Therapist Section are acceptable. Finally, if approved or recognized by one of the approved providers, credit will also be granted for the following: Formal presentations of relevant professional material at seminars, workshops, programs or institutes, which may include formal presentation and directed discussion of videotaped material: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; University, college or vocational technical adult education courses, which may include formal presentation and directed discussion of videotaped instruction: 20 CEHs per semester hour or 13.2 CEHs per quarter hour for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational sessions at state and national conferences: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational telephone network (ETN) courses: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; Interactive internet courses: 2 CEHs per hour of continuing education for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Authorship of a published chapter in a textbook or professional recourse book, or a professional journal article: 8 CEHs; Development of alternative media, computer software, videotapes, or audiotapes: 8 CEHs.
Summary of factual data and analytical methodologies: The Professional Counselor Section, in accordance with the Marriage and Family Therapist Section as well as the Social Worker Section are amending their rules based on the sections' collective experience and understanding that continuing education available to one section may be of professional benefit to the other sections.
Fiscal Estimate
The Department of Regulation and Licensing will incur the equivalent of $1,913 costs in staff time to audit the continuing education requirements.
Anticipated costs incurred by private sector:
