Date and Time Location
May 15, 2001 Milwaukee
4:00 - 6:00 p.m. Milwaukee Area Technical College
700 W. State Street
Room S120
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access the meeting, please call Tricia Collins, Milwaukee Parental Choice Administrator, at (608) 266-2853 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than May 21, 2001, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
The proposed rules will provide an option for private schools participating in the Milwaukee Parental Choice Program to claim the cost for facilities provided by a related party. Because such costs are currently calculated in a variety of ways by participating private schools, this modification is needed for consistency. The building usage charge shall be charged annually at 10.5% of the appraised market value of the buildings, sites and improvements. If a private school chooses to use the building usage charge, the cost must be claimed on the financial information report that is submitted annually on September 1. Also, previous reports submitted for the 1998-1999, 1999-2000, and 2000-2001 school years must be amended to reflect the new cost calculation. A private school has until September 1, 2002, to claim a building usage charge.
The proposed rules will also delete the term "annually" when it requires a private school to "annually make an irrevocable election . . ." since it is not the intent nor current practice to make an irrevocable decision on an annual basis.
Fiscal Estimate
The proposed rules will provide private schools participating in the Milwaukee Parental Choice Program with an option to claim the cost for facilities provided by a related party. The building usage charge shall be charged annually at 10.5% of the appraised market value of the buildings, sites and improvements.
In calculating per pupil costs, current rules allow private schools to either charge off expenditures or amortize expenditures related to buildings, sites and improvements owned or leased by the school. Currently, the rules do not provide for charging off or amortization of buildings, sites and improvements provided by a related party causing these schools to calculate these costs in a variety of ways. This modification will provide a consistent way for a private school to calculate costs to use a building provided by a related party.
For each pupil enrolled in a participating private school, the department pays an amount equal to the lesser of either:
• The private school's operating and debt service cost per pupil that is related to educational programming; or
• The amount paid per pupil in the previous school year plus the amount of the per pupil revenue limit increase provided to school districts in the current year ($5,326 in FY01).
The rules will allow some participating private schools to claim a level of reimbursement closer to the $5,326 amount per pupil, thereby causing a decrease in the amount of money returned by some schools to the department for deposit into the state general fund. The amount of money deposited to the general fund is indeterminable because it is not known how many private schools will claim a higher level of reimbursement. It is assumed the rules will not have a local fiscal effect and will not affect the calculation of general school aids.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b), 227.11 (2) and 457.03, Stats., and interpreting ss. 457.03 and 457.12 (2) and (3), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to repeal s. SFC 12.02 (2) (b); to amend s. SFC 7.01 (1) (intro.), (a), (3) and (4), 12.02 (2) (intro.), (a) and (c) to (h), 13.01 (1), (a) 2., 3. and 4. and 20.02 (13); and to create s. SFC 14.01 (4), relating to conforming existing rules to present practices and to other rules.
Hearing Date, Time and Location
Date: May 22, 2001
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
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 Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 5, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 457.03.
Statutes interpreted: ss. 457.03 and 457.12 (2) and (3).
In this proposed rule-making order the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors replaces the reference to the National Academy of Certified Mental Health Counselors in ss. SFC 7.01 (1) and 13.01 (intro.) with the change in the name of a professional association, the National Board for Certified Counselors. The next change is offered to conform one rule to the list of acceptable supervisors in another section, s. SFC 12.02 (2) (d). Semi-colons are removed and periods are added in s. SFC 12.02 for better style. The outdated provision relating to acceptable supervisors is repealed. Another change is to incorporate an informal interpretation which has been used by the board in assessing course equivalency. A provision is added to s. SFC 14.01, to allow an applicant to take up to 12 credit hours of courses outside of his or her master's program, which may include a supervised counseling practicum, to reach course equivalency. And “providing psychotherapy" in s. SFC 20.02 (13) is removed as it may improperly limit its application.
There are no significant policy issues involved. The proposed changes are to conform the existing rules to present practices and to other rules.
Text of Rule
SECTION 1. SFC 7.01 (1) (intro.) and (a), (3) and (4) are amended to read:
SFC 7.01 Psychotherapeutic social work. (1) (intro.) A certified advanced practice social worker, a certified independent social worker, or a certified independent clinical social worker may not engage in psychotherapeutic social work unless he or she has completed 3,000 hours of supervised clinical practice in accordance with sub. (2) after receiving a master's degree, consisting of a minimum of one hour per week of face-to-face supervision during the 3,000 hour period by a person qualified under par. (a), if he or she is listed in the national registry of health care providers in clinical social work, national academy of board for certified mental health counselors, the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work. Supervision of the 3,000 hour period of clinical practice may be performed by any of the following:
(a) A social worker with a master's or doctoral degree from a graduate school of social work accredited by the council on social worker education, or a registered nurse with a master's or doctoral degree in psychiatric-mental health nursing or community mental health nursing from a graduate school of nursing accredited by the national league for nursing, if the social worker or registered nurse performing the supervision has completed a 3,000 hour period of supervised clinical practice, is listed in the national registry of health care providers in clinical social work or national association of social workers registry of clinical social workers, national academy of board for certified
mental health counselors, the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work.
(3) A certified independent clinical social worker may engage in the independent unsupervised practice of psychotherapeutic social work when he or she has completed the 3,000 hour supervised clinical practice period, or is listed in the national registry of health care providers in clinical social work or national association of social workers register of clinical social workers or national academy of
board for certified mental health counselors or the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work.
(4) A certified advanced practice social worker or a certified independent social worker may engage in the practice of psychotherapeutic social work when he or she has completed the 3,000 hour supervised clinical practice period, or is listed in the national registry of health care providers in clinical social work or national association of social workers register of clinical social workers or national academy of board for certified mental health counselors or the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work, but may do so only under the supervision of a person meeting the qualifications of sub. (1) (a) or (b).
SECTION 2. SFC 12.02 (2) (intro.) and (a) are amended to read:
SFC 12.02 (2) (intro.) Supervision of a period of supervised practice of professional counseling may be exercised by any of the following:
(a) A certified professional counselor;.
SECTION 3. SFC 12.02 (2) (b) is repealed.
SECTION 4. SFC 12.02 (2) (c) to (h) are amended to read:
SFC 12.02 (2) (c) A certified independent clinical social worker;.
(d) A certified marriage and family therapist;.
(e) A licensed physician who has completed a residency in psychiatry;.
(f) A licensed psychologist who is listed or eligible to be listed in the national register of health services providers in psychology;.
(g) A registered nurse with a master's degree in psychiatric mental health nursing or community mental health nursing from a graduate school of nursing accredited by the national league for nursing, and who is listed or eligible to be listed in the national register of health services providers in psychology;.
(h) Another qualified professional approved by the professional counseling counselors section in advance of the supervision of the practice of professional counseling if the professional counselors section determines that supervision by a certified professional counselor is unobtainable or unreasonably restrictive of the delivery of professional counseling services to a particular population, or unduly interferes with training professional counselors in providing services to a particular population:.
SECTION 5. SFC 13.01 (1) is amended to read:
SFC 13.01 (1) A certified professional counselor may engage in psychotherapy only if he or she has completed 3,000 hours of supervised clinical practice, which means a minimum of one hour per week of face-to-face supervision during the 3,000 hour period by a person qualified under par. (a), or is listed in the national registry of health care providers in clinical social work, or national association of social workers register of clinical social workers or national academy of board for certified
mental health counselors or the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work.
SECTION 6. SFC 13.01 (1) (a) 2., 3. and 4. are amended to read:
SFC 13.01 (1) (a) 2. A professional counselor with a master's or doctoral degree from a college or university accredited by its regional accrediting association, the commission for accreditation of counseling and related educational programs, or the council on rehabilitation education, if the professional counselor performing the supervision has completed a 3,000 hour period of supervised clinical practice or is listed in the national registry of health care providers in clinical social work or national association of social workers register of clinical social workers or national academy of board for certified
mental health counselors or the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work.
3. A social worker with a master's or doctoral degree from a graduate school of social work accredited by the council on social worker education, if the social worker performing the supervision has completed a 3,000 hour period of supervised clinical practice or is listed in the national registry of health care providers in clinical social work or national association of social workers register of clinical social workers or national academy of board for certified
mental health counselors or the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work.
4. A registered nurse with a master's or doctoral degree in psychiatric-mental health nursing or community mental health nursing from a graduate school of nursing accredited by the national league for nursing, if the registered nurse performing the supervision has completed a 3,000 hour period of supervised clinical practice or is listed in the national registry of health care providers in clinical social work or national association of social workers registry of clinical social workers or national academy of board for certified mental health counselors or the national register of health services providers in psychology, or national registry of the American board of examiners in clinical social work.
SECTION 7. SFC 14.01 (4) is created to read:
SFC 14.01 (4) To reach course equivalency, an applicant may take up to 12 credit hours of courses, which may include a supervised counseling practicum, outside of his or her master's program.
SECTION 8. SFC 20.02 (13) is amended to read:
SFC 20.02 (13) Failing to avoid dual relationships or relationships that may impair the credentialed person's objectivity or create a conflict of interest. Dual relationships prohibited to credentialed persons providing psychotherapy include the credentialed person treating the credentialed person's employers, employees, supervisors, supervisees, close friends or relatives, and any other person with whom the credentialed person shares any important continuing relationship.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 457.13 (2), Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to renumber s. SFC 11.015; and to create s. SFC 11.015 (2), relating to professional counselor training certificates.
Hearing Date, Time and Location
Date: May 17, 2001
Time: 10:00 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
