Rule-Making Notices (Hearing Notices)

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), 440.035 (1) and 457.11, Stats., and interpreting s. 457.11 (1) and (2), Stats., the Marriage and Family Therapist 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 renumber and amend MPSW 17.03 (1) (d); to amend MPSW 17.03 (title), (1) (intro.) and (2); to repeal and recreate MPSW 17.03 (1) (c); and to create MPSW 17.03 (1) (d) 1. and 2., relating to training licenses for marriage and family therapists.

Hearing Date, Time and Location

July 30, 2007
9:15 a.m.
1400 East Washington Avenue
(Enter at 55 N. Dickinson St.)
Room 121A
Madison, WI

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 August 1, 2007, to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted: s. 457.11 (1), (2), Stats.

Statutory authority: ss. 15.08 (5) (b), 227.11 (2), 440.035     (1) and 457.11, Stats.

Explanation of agency authority:

The Marriage and Family Therapist Section has the authority under s. 457.11, Stats., to grant training licenses.

Related Statute or Rule

There are no other rules or statutes than listed above.

Plain Language Analysis

Training certificates are required in order to obtain 3,000 hours of supervised marriage and family practice before being eligible to receive a marriage and family therapist license. Section MPSW 17.03 sets forth the current requirements for obtaining a training certificate, including a provision that an applicant have an offer of full-time employment. The present certificates are issued for 24 months and are non-renewable. With the enactment of 2005 Wisconsin Act 422, the term “training certificate" is changed to “training license." Additionally, the employment requirement has been eliminated and the amount of time for the credential expanded. Under the proposed new rule, a training license would allow applicants to complete their supervised training hours within 48 months, with the possibility for an extension, and would also permit them to complete those hours in an unpaid position. The new rule would also allow applicants who have a master's degree in a related field and who are enrolled in a COAMFTE accredited or a marriage and family therapist section approved master's or post-degree marriage and family therapy program, for example, to also be eligible for a training license.

SECTION 1 amends the title and introduction to reflect the change from a training license to a training certificate.

SECTION 2 identifies the information that must be submitted with the training license application. Applicants must either submit evidence that they have completed an appropriate master's or doctoral degree, or are or will be enrolled in an approved post-graduate training program.

SECTION 3 eliminates the requirement of either having to be employed or having an offer of employment in order to obtain a training certificate, both of which were stricken under the new legislation.

SECTION 4 creates two provisions that permit marriage and family therapist training license holders to submit evidence that they have positions in which they may acquire their supervised hours of training, rather than having to be employed in a position, which was previously required.

SECTION 5 extends the validity of the training license from 24 to 48 months, with the possibility for a renewal.

Summary of, and comparison with, existing or proposed federal regulation:

There is no existing or pending federal regulation relating to training licenses for marriage and family therapists.

Comparison with Rules in Adjacent States

Illinois:

Illinois requires an associate marriage and family therapy license to accumulate hours for licensure as a licensed marriage and family therapist.

Michigan:

Michigan does not offer a training license, rather appears to offer limited marriage and family therapist licenses under the supervision of a full licensed marriage and family therapist to get the requisite practice experience.

Minnesota:

5300.0175 LICENSURE PROCESS FOR LICENSED ASSOCIATE MARRIAGE AND FAMILY THERAPISTS.

Licensed associate marriage and family therapists must practice under the supervision of a board qualified supervisor as specified in parts 5300.0160 and 5300.0170. Licensed associate marriage and family therapists must observe the same laws and rules that govern the practice of licensed marriage and family therapists. Licensed associate marriage and family therapist status shall be granted for one year upon completion of the board's application form and payment of the required fee. Licensed associate marriage and family therapist status may be renewed on a yearly basis for up to four additional years.

Iowa:

Iowa does not offer a training certificate/level license for marriage and family therapists.

Summary of Factual Data and Analytical Methodologies

The primary methodology for the development of the proposed changes is based upon the requirements set forth in 2005 Wisconsin Act 22. Previously, licensing law governing the marriage and family therapist training certificate required a full-time position to obtain, the certificate lasted a maximum of 24 months, and was non-renewable. 2005 Wisconsin Act 22 changed the training certificate to a training license, removed the requirement for full-time employment, and increased the maximum duration of the license to 48 months with the possibility for an extension.

The methodology for determination to expand which educational programs qualify for the training license to include those programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) or master's or post-degree marriage and family therapy programs approved by the Marriage and Family Therapist Section, was primarily determined through the deliberative process, judgment and decision of the Marriage and Family Therapist Section.

Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report

The proposed rules do not increase restrictions or barriers to licensure, affect practice within clinics or have any provisions related to costs (no additional fees, educational or operational costs are imposed). The rules primarily eliminate several provisions within the licensing law which applicants and training certificate holders found to be unduly burdensome or difficult to comply with. This proposed rule change should have no negative effect on small business, and in effect may have a positive effect by increasing the availability of qualified training license holders available for employment.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated Costs Incurred by Private Sector

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Estimate

The department finds that the proposed rule will have no significant fiscal impact.

Effect on Small Business

These proposed rules will have no significant 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 [e-mail], or by calling [phone].

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: [phone]. Email: [e-mail].

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 [e-mail]. Comments must be received on or before August 1, 2007 to be included in the record of rule-making proceedings.

Text of Rule

SECTION 1. MPSW 17.03 (title) and (1) (intro.) are amended to read:

MPSW 17.03 (title) Training certificate Application for a marriage and family therapist training license. (1) (intro.) The marriage and family therapist section shall grant a marriage and family therapist training certificate license to any individual who does all of the following:

SECTION 2. MPSW 17.03 (1) (c) is repealed and recreated to read:

MPSW 17.03 (1) (c) Submits evidence satisfactory to the marriage and family therapist section that he or she has done one of the following:

1. Satisfies the requirements in s. 457.10 (2), Stats.

2. Is enrolled or will be enrolled in an institute for marriage and family therapy that is approved by the commission on accreditation for marriage and family therapy education of the American Association for Marriage and Family Therapy or by the marriage and family therapist section.

3. Holds a graduate degree in a mental health field approved by the marriage and family therapist section and is enrolled or will be enrolled in a master's or doctoral degree program in marriage and family therapy accredited by the commission on accreditation for marriage and family therapy education or approved by the marriage and family therapist section.

SECTION 3. MPSW 17.03 (1) (d) is renumbered MPSW 17.03 (1) (d) (intro.) and is amended to read:

MPSW 17.03 (1) (d) (intro.) Submits evidence satisfactory to the marriage and family therapist section that he or she is employed full-time, or has an offer of full-time employment, as a marriage and family therapist in a supervised marriage and family therapist practice or in a position in which the applicant will, in the opinion of the marriage and family therapist section, received training and supervision equivalent to the training and supervision received in a full-time supervised marriage and family therapist practice. of one of the following:

SECTION 4. MPSW 17.03 (1) (d) 1. and 2. are created to read:

MPSW 17.03 (1) (d) 1. The applicant is in a position or has an offer for a position as a marriage and family therapist in a supervised marriage and family therapist practice.

2. The applicant is in a position or has an offer for a position in which the applicant will, in the opinion of the marriage and family therapist section, receive training and supervision equivalent to the training and supervision received in a supervised marriage and family therapist practice.

SECTION 5. MPSW 17.03 (2) is amended to read:

MPSW 17.03 (2) A marriage and family therapist training certificate license is valid for 24 48 months or until the date on which the holder of the certificate ceases to be employed in a position specified in sub. (1) (d), whichever occurs first, and may not be renewed by at the discretion of the marriage and family therapist section. A marriage and family therapist training certificate authorizes the holder to use any title specified in s. 457.04 (5), Stats., and to practice marriage and family therapy within the scope of his or her training or supervision during the period in which the certificate is valid.

Notice of Hearing

Natural Resources

(Fish, Game, etc., Chs. NR 1-)
[CR 07-056]

Notice is hereby given that pursuant to ss. 29.03 and 29.972, Stats., interpreting ss. 29.03 and 29.972, Stats., the Department of Natural Resources will hold a public hearing on the creation of NR 8, subch. II, Wis. Adm. Code, relating to implementation of the Wildlife Violators Compact. 2005 Wisconsin Act 282 authorized the Department to enter into a Wildlife Violator Compact with other states. Under the compact, convictions of wildlife law and revocation of license privileges and approvals that authorize the pursuing, taking or possession of wildlife that occur in any member state are treated as if they occurred in all member states. Before the Department can formally become a member state, rules need to be promulgated which establish procedures to:

1. Assure all violators receive notification when their license privileges and approvals have been revoked by this state or any other member state.

2. Assure the exchange of information between the department, the district attorney and the clerk of courts.

3. Provide an administrative appeal process by which the department can establish if sufficient grounds exist to deny a person's application for an approval or the revocation of their existing approvals.

The proposed rules require the department to revoke all issued hunting, fishing or trapping license privileges and approvals or deny new applications for approvals, for any person who fails to respond to a summons or warrant, fails to appear on their court date without having made a deposit, or fails to appear before the court and is subject to a bench warrant. These rules are also required to ensure that due process is accorded to individuals subject to revocation in this state or who are revoked in another member state. These rules are also necessary to assure records and information on revocations is shared with the clerks of court in the counties where the violation occurs.

Once the new rules and procedures are in place, the department will apply to become a member state.

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

Notice is hereby further given that the hearing will be held on:

July 26, 2007
Thursday
at 2:00 p.m.
Room 405, GEF #2
101 S. Webster Street
Madison, WI

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Thomas Van Haren at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Thomas Van Haren, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 27, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Haren.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1-)
[CR 07-055]

Notice is hereby given that pursuant to ss. 29.014, 29.041, 29.197, 29.885 and 227.11(2)(a), Stats., interpreting ss. 29.014, 29.041 and 29.885, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2007 migratory game bird seasons. Season dates and bag limits will be set for ducks and Canada geese. The daily bag limit is expected to be 6 ducks, including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, 2 wood ducks, 2 redheads and 3 scaup. The season lengths for Canada geese are expected to be: Collins Zone – 62 days; Horicon Zone – 62 days; Exterior Zone – 85 days; and Mississippi River Subzone – 70 days.

The Department is also proposing to:

Require the use of non-toxic shot for rail, snipe and moorhen statewide.

Require the use of non-toxic shot for mourning doves on department-managed lands only beginning in 2008.

Allow the placement of decoys and shooting at birds that are within a 75-yard area around the boundary of the Horizon National Wildlife Refuge as long as the hunter is more than 75 yards from the boundary.

Relax Canada goose nuisance control requirements for airports.