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 December 12, 2003, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.085 (5) (b), 227.11 (2) and 457.03 (1), Stats.
Statutes interpreted: s. 457.08, Stats.
Under current requirements, applicants for social worker certification or licensure must have earned a social work degree from a school accredited by the Council on Social Work Education. Applicants otherwise qualified are prevented from obtaining Wisconsin certification or licensure if the applicant obtained a degree in another country. The Council on Social Work Education has a process for determining equivalency of degrees, and in fairness to graduates of foreign schools, the Social Worker Section wishes to rely on that process for accepting equivalent degrees.
Sections 1, 2, 3 and 4 amend the rules to permit the Social Worker Section to accept from applicants for social worker certification or licensure a foreign degree determined by a national accrediting organization to be equivalent to a degree from an accredited school.
Text of Rule
SECTION 1. MPSW 3.01 (2) is amended to read:
MPSW 3.01 (2) Verification that the school or program which awarded the social work degree was accredited by , or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 2. MPSW 3.05 (2) is amended to read:
MPSW 3.05 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accredited pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 3. MPSW 3.07 (2) is amended to read:
MPSW 3.07 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 4. MPSW 3.09 (2) is amended to read:
MPSW 3.09 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
Fiscal Estimate
There will be no additional cost to the Department of Regulation and Licensing to certify these applicant social workers than for current applicants with degrees from schools in the United States that are accredited by the Council.
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 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
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats., and interpreting s. 457.12, Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s. MPSW 10.01 (1m) and (3m); to amend s. MPSW 13.01 (1), (2) (intro.), (2) and (a) to (c); and to create s. MPSW 13.01 (3), relating to qualifications to practice psychotherapy, including passage of the National Counselor Mental Health Certification Examination.
Hearing Date, Time and Location
December 3, 2003
10:00 a.m.
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 December 13, 2003, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.
Statutes interpreted: s. 457.12, Stats.
This proposed rule-making order will require, following a grace period of approximately three years, that Licensed Professional Counselors who wish to practice psychotherapy must satisfy certain educational and experience requirements and pass the National Counselor Mental Health Certification Examination (NCMHCE). Under new law effective November 1, 2002, Licensed Professional Counselors are authorized to practice psychotherapy independently. In order to ensure that an individual Licensed Professional Counselor is qualified to practice psychotherapy independently, the Professional Counselor Section wishes to require licensees who engage in psychotherapy to demonstrate certain qualifications and to pass the national clinical examination, the NCMHCE. Without this change, there will be less certainty that individual Licenses Professional Counselors are qualified to practice psychotherapy, and requiring passage of the NCMHCE will ensure greater protection of the public.
TEXT OF RULE
SECTION 1. MPSW 10.01 (1m) and (3m) are created to read:
MPSW 10.01 (1m) “DSM" refers to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
(3m) “Psychotherapy" has the meaning given in s. 457.01 (8m), Stats. Specifically, psychotherapy involves diagnosing DSM conditions and treating persons with DSM diagnoses.
SECTION 2. MPSW 13.01 (1), (2) (intro.) and (a) to (c) are amended to read:
MPSW 13.01 (1) A After January 1, 2007, a licensed professional counselor may engage without supervision in psychotherapy or psychotherapeutic counseling only if he or she is qualified to do so by education, training or and experience.
(2) (intro.) Qualification A licensed professional counselor shall demonstrate qualification to engage without supervision in psychotherapy or psychotherapeutic counseling may be demonstrated by the following by submitting evidence of all of the following to the department for section approval:
(a) Successful completion of the national counselor mental health certification examination National Counselor Mental Health Certification Examination (NCMHCE);.
(b) At least 180 contact hours of postgraduate post-bachelor's training in psychotherapy modalities ; and.
(c) An affidavit by a supervisor qualified and authorized to practice psychotherapy that the individual has completed at least 3,000 hours of post-master's supervised clinical professional counselor practice in not less than 2 years, including at least 1,000 hours of face-to-face client contact and including DSM diagnosis and treatment of individuals.
SECTION 3. MPSW 13.01 (3) is created to read:
MPSW 13.01 (3) The definition of “professional counseling" in s. 457.01 (6), Stats., extends to the provision of psychotherapy services. A licensed professional counselor who does not practice psychotherapy and who limits his or her practice to “the application of mental health, psychological or human development principles, through cognitive, affective, behavioral or systemic intervention strategies, that address wellness, personal growth, or career development" is not required to satisfy the requirements in sub. (2).
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.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is $0.
3. The projected net annualized fiscal impact on state funds of the proposed rule is $0.
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), Wis. Stat.
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
Transportation
[CR 03-109]
NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1) and 348.07 (4), Stats., interpreting s. 348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Hearing Date, Time and Location
December 1, 2003
Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 501 (Eau Claire Conference Room)
10:00 AM
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing 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 written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss. 85.16 (1) and 348.07 (4), Stats.
STATUTE INTERPRETED: s. 348.07 (4), Stats.
General Summary of Proposed Rule. This proposed rule amends Trans 276.07 (6), (8), (16) and (17), and creates s. Trans 276.07 (34o) and (35g), Wisconsin Administrative Code, to add seven segments of highway to the designated highway system established under s. 348.07 (4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy.   From   To
STH 25   USH 8   STH 48
STH 35   USH 63 at Hager City   USH 10 in Prescott
CTH “E"   STH 35   USH 10
STH 78   Argyle   Mt. Horeb
STH 81   STH 78 in Argyle   CTH “N" W. of STH 78
CTH “N"   STH 81 W. of Argyle   CTH “F"
CTH “F"   CTH “N"   STH 78 in Blanchardville
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet , a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s. 348.07(2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this proposed rule will be to extend the provisions of s. 348.07 (2) (f), (fm), (gm) and (gr), and s. 348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
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