Scope statements
Marriage and Family Therapists, Professional Counselors and Social Work Examining Board
Subject
Post-graduate education and field experience for licensure as a clinical social worker.
Objective of the rule. Currently, an applicant for licensure as a clinical social worker must provide evidence that during the applicant's degree program, 1) he or she followed a course of studies with a clinical focus, and 2) completed a supervised field placement. The proposed rule changes would define post-graduate education and experience that could be recognized for licensure purposes.
Policy analysis
The rule changes will implement the legislative mandate in
2003 Wisconsin Act 301, which addresses the overly restrictive language of s.
457.08 (4), Stats., that requires an applicant for clinical social worker licensure to have had a clinical social work concentration and supervised clinical field training" as part of the master's or doctorate degree program." The language of
2003 Wisconsin Act 301 permits that clinical focus and field training to be obtained either in the graduate program or afterward.
Statutory authority
Staff time required
120 hours.
Impact on small businesses and the private sector
The department has determined that these proposed rules will have no significant fiscal effect on the private sector.
Factual data and analytical methodologies
The department relied on information about graduate programs in social work from Wisconsin schools. Faculty from five of those schools comprised part of an Ad Hoc Committee that discussed and drafted the requirements for the Social Worker Section.
Existing or proposed federal legislation
The federal government does not regulate clinical social workers. The USCS refers to clinical social workers only in a discussion of evidentiary privileges in the Federal Rules of Evidence. The profession is mentioned in the CFR only as authorized providers of certain services, though certain code sections provide definitions of who qualifies as a clinical social worker.
In general, the federal code relies on state licensure. However,
8 CFR 216.5 adds the following: “A clinical social worker who is not licensed only because the state in which he or she practices does not provide for licensing will be considered a licensed professional recognized by the Service if he or she is included in the Register of Clinical Social Workers published by the National Association of Social Workers or is certified by the American Board of Examiners in Clinical Social Work." (see very similar language in
32 CFR 199.6).
42 CFR Part 5 Appendix 2 says: “(iv) Clinical social worker means an individual who:
(A) Is certified as a clinical social worker by the American Board of Examiners in Clinical Social Work, or is listed on the National Association of Social Workers' Clinical Register, or has a master's degree in social work and two years of supervised clinical experience; and
(B) Is licensed to practice as a social worker, if required by the State of practice."
42 CFE 410.73 contains the most detailed definition:
“(a) Definition: clinical social worker. For purposes of this part, a clinical social worker is defined as an individual who –
(1) Possesses a master's or doctor's degree in social work;
(2) After obtaining the degree, has performed at least 2 years of supervised clinical social work; and
(3) Either is licensed or certified as a clinical social worker by the State in which the services are performed or, in the case of an individual in a State that does not provide for licensure or certification as a clinical social worker –
(i) Is licensed or certified at the highest level of practice provided by the laws of the State in which the services are performed; and
(ii) Has completed at least 2 years or 3,000 hours of post master's degree supervised clinical social work practice under the supervision of a master's degree level social worker in an appropriate setting such as a hospital, SNF, or clinic."
These definitions, which do not require a clinical focus for the graduate studies or a supervised clinical field placement, are less restrictive than Wisconsin law, and the rule changes proposed here will bring Wisconsin requirements a step closer to the federal requirements.
Transportation
Subject
Objective of the rule. This proposed rule making would amend chs.
Trans 254 and
255, which establishes standards and procedures for issuance of single and multiple trip oversize or overweight permits, and chs.
Trans 260 and
261, which establishes standards and procedures for the issuance of single and multiple trip permits for mobile home and modular buildings. The necessary modifications would give the permit issuing authority permission to allow dimensions of a vehicle or load to exceed 11 feet in width, 13
½ feet in height, or 100 feet in length on the Milwaukee Freeway under extraordinary circumstances when, in the opinion of the issuing authority, public health and welfare is better served, and to impose additional conditions to promote the safe operation of the vehicle and load when necessary.
Structural members are currently being manufactured for the initial stages of construction of the Marquette Interchange Reconstruction project. These beams and girders exceed the transport limits detailed above. These steel and concrete bridge components must be delivered to the construction site beginning in February 2005. Chs.
Trans 254,
255,
260 and
261 must be modified prior to that date to permit the transporting of these loads on the Milwaukee Expressway system.
Policy analysis
Current administrative rules have size limitations that prevent the use of the Milwaukee Expressway for vehicles or loads or dimensions greater than 11 feet in width, 13½
feet in height, or 100 feet in length. These limitations have severe consequences for the reconstruction of the Marquette Interchange. Construction of this project requires the transporting of steel and concrete bridge components larger than these dimensions to the construction site.
Without this administrative rule modification, the alternatives are either to: (a) transport these oversize loads on the city surface street system which will have greater safety impacts and increase potential damage to local roadways not designed to carry these types of loads; or (b) reduce the size of these structural members (beams and girders) to meet these size limitations which will significantly increase the project costs and the time required to complete the project.
Routing these oversized loads on the Milwaukee surface street system may not be possible due to the load lengths and the turning radiuses required. If the street geometry does allow the movement, these street systems may not be designed to carry the weight of such loads. Doing so will result in unsafe conditions and possible permanent damage to the surface street system.
Comparison to federal regulations
None
All entities affected by the rule
City of Milwaukee; Milwaukee County; Milwaukee County Sheriff's Department; Milwaukee Port Authority; City of Glendale; City of Greenfield; City of West Allis; City of Wauwatosa; City of Oak Creek; Village of Fox Point; Village of River Hills; Wisconsin based motor carriers; Wisconsin Department of Transportation (Divisions of Motor Vehicles, State Patrol, and Transportation Districts).
Statutory authority
Staff time required
80 hours.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is:
STH 95 from Arcadia to Blair
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received a request from Ashley Distribution Services, Ltd., in Arcadia, WI, to add this highway segment.
Comparison to federal regulations
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•
No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•
No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•
No state may limit the length of truck tractors.
•
No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
