(d) Implementation.
(e) Documentation.
(f) Termination of services.
RL 142.02 Art therapy. (1) PRACTICE. Practice shall be performed in accordance with the generally accepted standards recognized by the profession including, but not limited to, the following:
(a) Objectives. Art therapy alleviates distress and reduces physical, emotional, behavioral, and social impairment while supporting and promoting positive development through the use of art media.
(b) Technique. The practice of art therapy includes, but is not limited to, the use of art media to assess, treat and rehabilitate patients with mental, emotional, physical, or developmental disorders.
(2) GENERAL PROCEDURES. In the delivery of art therapy services, art therapists shall follow general procedures that include all of the following:
(a) Assessment.
(b) Development of patient treatment plans, goals and objectives.
(c) Case management services.
(d) Therapeutic interventions and treatment.
(e) Documentation.
(f) Termination of services.
RL 142.03 Dance therapy. (1) PRACTICE. Practice shall be performed in accordance with the generally accepted standards recognized by the profession including, but not limited to, the following:
(a) Objectives. The goal of dance therapy includes, but is not limited to, the therapeutic use of dance and involvement in order to enhance and promote psychological growth, contribute to assessment information, and aid creative, cognitive, emotional and motor development.
(b) Techniques. The practice of dance therapy includes, but is not limited to, the use of movement, nonverbal and verbal modalities.
(2) GENERAL PROCEDURES. In the delivery of dance therapy services, dance therapists shall follow general procedures that include all of the following:
(a) Consultation with clients to determine their suitability for therapy.
(b) Assessment.
(c) Explanation to clients of the nature of therapy.
(d) Facilitation of dance therapy sessions.
(e) Discussion with clients regarding the process and results of therapy.
(f) Documentation.
RL 142.04 Prohibited practices. In the practice of music, art and dance therapy, the following without limitation because of enumeration, are prohibited practices:
(1) Practicing beyond the scope of practice of music, art or dance therapy as provided in this chapter.
(2) Failing to practice music, art or dance therapy within the scope of the registrant's competence, education, training or experience.
(3) Knowingly permitting any professional staff to provide music, art or dance therapy that exceeds that person's competence, education, training or experience.
(4) Failing to refer a client to a health care practitioner for treatment beyond the qualifications or scope of practice of the music, art or dance therapist, when indicated.
(5) Misrepresenting the scope of practice of music, art or dance therapy to a client or to the public.
(6) Misrepresenting qualifications, education, credentials or professional affiliations to a client or to the public.
(7) Failing to inform a client about contraindications of music, art or dance therapy.
(8) Providing music, art or dance therapy when benefits cannot reasonably be expected.
(9) Guaranteeing the results of services offered, except that reasonable statements relating to prognosis and progress may be made.
(10) Failing to inform a client, or the client's authorized representative, of the purpose, nature and effects of assessment and treatment.
(11) Failing to avoid dual relationships, sexual misconduct or relationships with clients that may impair one's objectivity or create a conflict of interest. Dual relationships include, but are not limited to, treating employees, supervisees, students, friends or relatives.
(12) Using an individual in research or as the subject of a teaching demonstration without obtaining the individual's informed consent.
(13) Failing to assign credit to an individual who contributed to clinical services, publications, or presentations in proportion to the individual's contribution.
(14) Engaging in conduct likely to deceive, defraud, or harm an individual or the public in the course of the practice of music, art or dance therapy.
(15) Advertising in a manner which is false, deceptive or misleading.
(16) Subject to ss. 111.321, 111.322 and 111.34, Stats., practicing music, art or dance therapy while the registrant's ability to practice is impaired by a mental or physical disorder, alcohol or other drugs.
(17) Subject to ss. 111.321, 111.322 and 111.335, Stats., being convicted of an offense the circumstances of which substantially relate to the practice of music, art or dance therapy.
(18) Failing to maintain the confidentiality of all client information, unless consent is given by the client or disclosure is required by law or court order.
(19) Knowingly placing false information in a client's records.
(20) Failing to provide appropriate access to client records when requested by the department or its representative.
(21) Knowingly providing false information to the department.
(22) Making a material misstatement on an application for registration or for renewal of a registration.
(23) Violating any rule adopted by the department relating to the practice of music, art or dance therapy.
(24) Violating any term, provision or condition of any order issued by the department.
(25) After a request by the department, failing to cooperate in a timely manner with the department's investigation of complaints filed against the applicant or registrant. There is a rebuttable presumption that a registrant or applicant who takes longer than 30 days to respond to a request made by the department has not acted in a timely manner under this paragraph.
Fiscal Estimate
These rules implement 1997 Wis. Act 261, relating to the registration of music, art and dance therapists. The costs associated with this legislation have been enumerated in the agency's biennial budget request.
The Department is estimating that there will be 200 registrants. Annual revenues from these registrants are estimated to be $4,100. Costs associated with the regulation include the expenses of two meetings of the Secretary's Advisory Committee per year at $1,488 annually, postage costs of $1,200 and printing costs of $420.
The Department is not aware of any local government costs.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rules and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Office of Administrative Rules
Department of Regulation and Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 343.055(5), Stats., and interpreting s.343.16(2)(e), Stats., the Department of Transportation will hold a public hearing in Room 115-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 2nd day of December, 1998, at 9:00 AM, to consider the amendment of ch. Trans 102, Wis. Adm. Code, relating to Operator's Licenses and Identification Cards.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business on December 2, 1998, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Karen Schwartz, Department of Transportation, Bureau of Driver Services, Room 351, P. O. Box 7993, Madison, WI 53707-7993.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: s. 343.055(5)
STATUTES INTERPRETED: ss. 343.055(5) and 343.16(2)(e)
General Summary of Proposed Rule. This proposed rulemaking proposes to make routine updates to the driver licensing provisions of the administrative code. The changes are as follows:
• Update references to licenses and restriction cards to reflect the fact that the Division of Motor Vehicles is now producing driver licenses in a new manner that contain digital images of drivers. For example, provisions related to restriction cards are repealed because the Department no longer issues restriction cards under the new system.
• Update provisions, where appropriate, to reflect the fact that this new technology will allow the Department to issue photo licenses by mail in appropriate situations, such as to annually update farm service restrictions on a license. Provides authority for the Department to cancel licenses issued by mail if the driver does not surrender his or her prior license.
• Prohibits the Department from issuing a person a first regular driver license in Wisconsin if the Department's computer database is not operational and the person's driver record cannot be checked.
• Reflects the fact that driver licenses are now issued for 8 years rather than for 4 years.
• Modifies the lists of acceptable identification documents.
Fiscal Effect
The Department anticipates no fiscal effect from this proposed rulemaking.
Initial Regulatory Flexibility Analysis
This proposed rulemaking will have no effect on small businesses.
Preparation and Copies of Proposed Rule
Preparation of this proposed rule was done by Karen Schwartz. Copies of the rule may be obtained upon request, without cost, by writing to Karen Schwartz or by calling (608) 266-0054. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
