Plain language analysis
The Department proposes to amend ch.
DHS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists to reflect the transfer of credentialing authority for these professions from the Department to the Department of Regulation and Licensing (DRL) as required under
2005 Wisconsin Act 25, s.
9121 (12s) and conform the definitions in ch.
DHS 75 with those in chs.
RL 160 to
168.
Chapter
DHS 75 has not been updated to reflect these changes since the changes were created in 2005. The passage of Act 25 divided oversight for substance abuse programs and providers resulting in the Department maintaining responsibility for certification of substance abuse services and assigning DRL responsibility for certification of individuals providing substance abuse treatment.
The proposed changes to ch.
DHS 75 include the following:
1)
Updating definitions in s.
DHS 75.02 to reflect changes to those terms in chs.
RL 160 to
168, including clinical supervisor, counseling, prevention, prevention specialist, prevention specialist-in training, and substance abuse counselor, substance abuse counselor-in training, and clinical substance abuse counselor.
2) Updating the names of bureaus and divisions.
3) Incorporating any additional changes related to the definitions referenced above.
These policy changes cannot be implemented in an alternative manner or policy due to the scope of ch.
DHS 75, which establishes policies for certification of community substance abuse services. Definitions of substance abuse professionals are currently included in ch.
DHS 75 and need to be updated due to their direct relationship with substance abuse services.
The expected outcome of these revisions is to have ch.
DHS 75 to be congruent with chs.
RL 160 to
168, and reflect current statutory requirements. There will not be an effect on businesses and public agencies since these changes are already implemented within DRL.
Comparison with federal regulations
There appears to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Illinois:
Title 77 Part 2060 of Illinois Administrative Code sets forth the requirements for certification of substance abuse treatment and intervention services. Substance abuse counselors are licensed by the Illinois Alcohol and Other Drug Abuse Professional Certification Association according to the Illinois Model for the Certification of Alcohol and other Drug Abuse Counselors.
Iowa:
Alcohol and drug counselors are certified by the Iowa Board of Certification according to their rules and regulations published in the Alcohol and Drug Counselor Handbook. Substance abuse treatment programs in Iowa are licensed according to Ch. 125.13, Stats., and Adm. Code 641, Ch.
155.
Michigan:
In Michigan, substance abuse counselors must meet Michigan Certification Board for Addiction Professionals certification requirements which are taken from the International Certification and Reciprocity Consortium (ICRC). Substance use disorder programs must be licensed according to Act 360, s. 6231 (1), Stats., and ss.
325.14101 to
325.14928,
Adm. Code.
Minnesota:
Alcohol and Drug Counselors in the State of Minnesota are certified according to s. 148C., Stats., and ss. 4747.0010 to 4747.1500,
Adm. Rule, established by the Minnesota Board of Behavioral Health and Therapy. Substance abuse treatment programs must be licensed according to treatment licensing rules ss. 9530.6405 to 9530.6505
(Rule 31).
Summary of factual data and analytical methodologies
The proposed rules will not directly affect small businesses. The rules under this order are to conform to the transfer of authority under
2005 Wisconsin Act 25 from the department to DRL.
Analysis and supporting documents used to determine effect on small business
The proposed rules will not directly affect small businesses. Any fiscal impact upon small business occurred when the changes from
2005 Wisconsin Act 25 were implemented by DRL in 2005 and 2006.
Small Business Impact
The proposed rules will not directly affect small businesses. The rules under this order are to conform to the transfer of authority under
2005 Wisconsin Act 25 from the department to DRL. Any fiscal impact upon small business occurred when the changes from
2005 Wisconsin Act 25 were implemented by DRL in 2005 and 2006.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Summary
The proposed revisions to DHS 75 bring DHS administrative rules into compliance with changes finalized by the legislature in 2005 and implemented by the Department of Regulation and Licensing (DRL) in 2006. Any fiscal impact due to the changes would have already been addressed by state government, local governments, and small businesses when DRL implemented the changes in 2006.
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
S. Kate Johnson
Bureau of Prevention, Treatment and Recovery
DMHSAS/DHS
1 West Wilson Street, Room 850
Madison, WI 53704
(608) 267-7707
Notice of Hearing
Health Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.45 (2) (a) 11.,
(10) and
(42) and
227.11 (2), Stats., the Department of Health Services will hold a public hearing on emergency rules and proposed permanent rules to consider revisions to Chapters
DHS 105,
106, and
133, relating to Medical Assistance certification for personal care agencies and providers, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
February 3, 2010
9:00 a.m. - 11:00 a.m.
|
Dept. of Health Services
Wilson St. State Office Bldg.
1 West Wilson Street
Room 950A
Madison, Wisconsin
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Pat Benesh at 608-264-9896. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Pat Benesh al número 608-264-9896. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Pat Benesh ntawm 608-264-9896. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Proposed Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov or by contacting:
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Submission of Written Comments
Comments may be submitted to the agency contact person listed above or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until February 4, 2009, 4:30 p.m.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
49.45 (2) (a) 11., Stats., authorizes the department to establish criteria for certification of providers of Medical Assistance, certify providers who meet certification criteria and promulgate rules to implement the statute.
Section
49.45 (10), Stats., authorizes the department to promulgate rules consistent with its duties in administering Medical Assistance, including its duties relating to reimbursement for personal care services by certified providers.
Section
49.45 (42) (c), Stats., allows the department to charge a fee to certify a provider of personal care services that is not an independent living center (ILC), county department, a federally recognized American Indian tribe or band in Wisconsin or a licensed home health agency.
Section
227.11 (2) (a), Stats., allows agencies to promulgate rules interpreting the provision of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
