CR 16-009 Rule Text

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 [e-mail], or by calling [phone].

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 [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to 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, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing at 9:00 a.m. on February 15, 2016 to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1 MPSW 10.01 (2) is amended to read:

MPSW 10.01 (2) “Face-to-face” means in person or real time video conferencing where all parties can communicate by simultaneous two-way video and audio transmissions.

Section 2. MPSW 11.01 is repealed and recreated to read:

MPSW 11.01 Application for licensure as a professional counselor. An applicant for a professional counselor license shall submit all of the following:

(1) An application with the required fee under s. 440.05(1), Stats.

(2) A certificate of professional education, signed and sealed by the chancellor, dean or registrar of the school from which the applicant has graduated with one of the following approved degrees:

(a) A master’s or doctoral degree in professional counseling.

(b) A degree from a program which is accredited by the Commission for Accreditation of Counseling and Related Educational Programs (CACREP) or the Council on Rehabilitation Education (CORE) at the time the applicant graduated.

(c) A program which is equivalent to a master’s or doctoral degree in professional counseling by meeting the requirements in MPSW 14.01 or 14.02.

(d) A degree awarded by a foreign institution of higher learning which has been evaluated by an organization approved by the section and is equivalent to a degree from a program approved under par. (a) to (c). If the applicant’s education was not received in English, the applicant must demonstrate proficiency in English on an approved test of English as a foreign language.

(3) Verification the applicant has completed one of the following:

(a) After receiving a master’s degree in professional counseling or its equivalent, engaged in the equivalent of at least 3,000 hours of professional counseling practice, including at least 1,000 hours of face-to-face client contact, while holding a valid professional counselor training license and supervised by a person qualified to supervise under MPSW 12.02.

(b) Either during or after the doctorate degree program in professional counseling or its equivalent, engaged in the equivalent of at least 1,000 hours of full-time professional counseling practice supervised by a person qualified to supervise under MPSW 12.02.

(4) Verification of a passing score on one of the following:

(a) National Counselor Examination (NCE).

(b) National Clinical Mental Health Counseling Examination (NCMHCE).

(c) Certified Rehabilitation Counselor (CRC) examination.

(d) Another examination approved by the section.

(5) If the applicant has an arrest or conviction record, documentation necessary for the section to determine whether the circumstances substantially relate to professional counseling, subject to ss. 111.321, 111.322 and 111.335, Stats.

Section 3. MPSW 11.02 is repealed.

Section 4. MPSW 11.035 is repealed and recreated to read:

MPSW 11.035 Temporary license. (1) The professional counselor section may issue a temporary license to practice professional counseling to an individual who does all of the following:

(a) Submits application and pays the fee specified in s. 440.05(6).

(b) Satisfies the requirements under subs. MPSW 11.01(2) and (3).

(c) Submitted an application to take the next available examination under subs. MPSW 11.01(4).

(2) A temporary license is valid for a period not to exceed 9 months and may be renewed once.

Section 5. MPSW 11.04 (intro) is amended to read:

MPSW 11.04 Reciprocal license. The professional counselor section shall grant a license as a professional counselor under s. 457.12 to an applicant who pays the fee required by s. 440.05(2), Stats. and provides evidence of all of the following to the section:

(1) The applicant has a current credential as a professional counselor or the substantial equivalent in good standing in another state or territory of the United States.

Section 6. MPSW 11.04 (2) is amended to read:

MPSW 11.04 (2) The requirements for the grant of obtaining the credential in the other state or territory of the United States are substantially equivalent to the requirements for the grant of a license under s. 457.12.

Section 7. MPSW 11.04 (3), (4) and (5) are repealed and recreated to read:

(3) Does not have a license, registration or certificate revoke, suspended, limited or subject to any other discipline in any other jurisdiction warranting denial.

(4) Does not have an arrest or conviction record which substantially relate to the practice of professional counseling, subject to ss. 111.321, 111.322 and 111.335, Stats.

(4) A passing score on the Wisconsin statutes and rules examination.

Section 8. MPSW 12.01 is repealed and recreated to read:

MPSW 12.01 Supervised practice requirement. (1) Except as provided in sub. (4), an applicant for licensure as a professional counselor under s. 457.12, Stats., shall complete a period of supervised practice while holding a valid professional counselor training license before being eligible for licensure. Supervision may be exercised by a person other than an employment supervisor.

(2) The applicant shall complete one of the following supervised practice requirements:

(a) After receiving a master’s degree in professional counseling or its equivalent, engaged in the equivalent of at least 3,000 hours of professional counseling practice, including at least 1,000 hours of face-to-face client contact, while holding a valid professional counselor training license and supervised by a person qualified to supervise under MPSW 12.02.

(b) Either during or after the doctorate degree program in professional counseling or its equivalent, engaged in the equivalent of at least 1,000 hours of full-time professional counseling practice supervised by a person qualified to supervise under MPSW 12.02. Any supervised practice outside of the doctorate degree program shall be done while holding a valid professional counselor training license.

(3) A person with a training license must be supervised.

(4) An applicant who has completed any portion of his or her supervised professional counseling practice in another state shall be given credit for those hours obtained without a professional counselor training license provided the hours meet the requirements of this chapter.

Section 9. MPSW 12.02 is repealed and recreated to read:

MPSW 12.02 Supervised practice. (1) Supervisor qualifications. It is the applicant’s responsibility to satisfy the professional counselors section that the applicant’s supervisor met all qualifications. Supervision of the supervised practice of professional counseling may be exercised by any of the following:

(a) An individual licensed as a professional counselor who has received a doctorate degree in professional counseling.

(b) An individual licensed as a professional counselor who has engaged in the equivalent of 5 years of full−time professional counseling.

(c) A psychiatrist.

(d) A psychologist licensed under ch. 455, Stats.

(e) A person employed by the division of vocational rehabilitation as a vocational rehabilitation supervisor, who is licensed as a professional counselor or who has engaged in the equivalent of 5 years of full−time professional counseling.

(f) An individual, other than an individual specified in pars. (a) to (e), who is approved in advance by the professional counselor section based upon evidence of 5 years of experience in counseling practice.

(2) Supervisor responsibilities. The supervisor’s responsibilities include all of the following:

  (a) Exercise discretion as to the frequency, duration, and intensity of the face-to-face supervision session to meet an average of one hour of supervision per week during the supervised practice period.

  (b) Permit a supervisee to engage in only professional counseling services the supervisor can competently perform.

  (c) Be available or make appropriate provision for emergency consultation or intervention.

  (d) Be legally and ethically responsible for the supervised activities of the supervisee.

  (e) Be able to interrupt or stop the supervisee from practicing in given cases, or recommend to the supervisee’s employer that the employer interrupt or stop the supervisee from practicing in given cases.

  (f) To terminate the supervised relationship.

(3) Group Supervision Requirements. Supervision in group sessions, shall meet all of the following:

  (a) The group shall consist of no more than 6 persons for every 1 person providing supervision.

  (b) Each person receiving supervision as part of the group session receives one hour credit for each hour that the group meets for supervision, but may not credit any time which is primarily social activity with the group or supervisor as part of a supervision session.