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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to pamela.haack@drl.state.wi.us. Written comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statute interpreted
Section 457.08 (4) (b) 1. and 2., Stats.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2) and 457.03, Stats.
Explanation of agency authority
Currently, s. MPSW 2.01 (9) requires clinical courses to comprise at least 40% of an applicant's non-field placement credits in his or her social work degree program. That provision has resulted in unintended inequities for applicants because it requires some individuals to take more courses than others depending upon how many credits are required for the particular degree program. By requiring specific clinical courses, rather than a percentage of them, applicants will have to meet uniform criteria, regardless of how many credits are required in their degree program, thereby eliminating any existing inequities.
Section MPSW 3.09 (1) presently requires that applicants for licensure as clinical social workers provide evidence that, as part of their degree program, they took a course of study which included a clinical focus and a supervised field training. The underlying statutory provision was amended by the legislature in 2003 Wisconsin Act 301, permitting applicants to obtain their clinical requirements in a postgraduate setting, instead of only during their degree programs. This proposal will now be in conformity with the statute and will permit applicants to substitute their hours of supervised clinical work experience in lieu of their supervised field training.
Plain language analysis
Prior to the enactment of 2003 Wisconsin Act 301, s. 447.08 (4), Stats., required that applicants for licensure as a clinical social worker had to provide evidence that during the applicant's degree program, he or she took a course of study that included a clinical focus and a supervised field training. Because the law did not provide a means of achieving postgraduate clinical credit, this provision was found to be overly restrictive and was therefore amended by the legislature with 2003 Wisconsin Act 301. The amendment permitted applicants to obtain their clinical requirements in a postgraduate setting, rather than just during their degree programs.
The proposed rule changes would implement 2003 Wisconsin Act 301 by setting forth a specific number of hours of supervised clinical work experience which, in turn, could be substituted for the supervised clinical field training. Additionally, the proposal would amend s. MPSW 2.01 (9), which defines the term “clinical concentration in social work." Currently the rule requires clinical courses to comprise at least 40% of their non-field placement credits in their degree program. This rule has resulted in unintended inequities for applicants, depending on how many credits are required for each degree program. By requiring specific clinical courses, instead of a percentage of them, applicants will have to meet uniform criteria, regardless of how many credits are required in their degree program.
SECTION 1. Section MPSW 2.01 (9) (intro.) is amended. Under the existing rule, in order to graduate with a “clinical social work concentration" in either a master's or doctoral program, clinical courses must comprise at least 40% of the non-field placement credits. The existing rule also delineates the areas in which the theory and practice courses must be taken, for example, in case management, psychopathology in social work, clinical assessment and treatment of specific populations, psychopharmacology, psychotherapeutic interventions, and social work related electives.
The proposal eliminates the 40% non-field placement credit requirement. Instead, the rule would require students to take one psychopathology in social work course and two theory and practice courses from the following groups: case management, clinical assessment and treatment of specific populations and problems, psychopharmacology, psychotherapeutic interventions, and social work related electives.
SECTION 2. Section MPSW 2.01 (9) (b) is repealed because the psychopathology in social work course would now be a mandatory course, rather than an elected one.
SECTION 3. Section MPSW 3.09 (1) is amended. The existing rule requires applicants for licensure as clinical social workers to have either a master's or doctoral degree in social work with a concentration in clinical social work. It also requires the completion of supervised field training as part of the degree program. This amendment enables applicants to substitute 1,500 hours of supervised clinical work experience in lieu of their supervised field training by submitting an affidavit indicating that they have completed 1,500 hours of supervised clinical social work experience in not less than one year in clinical setting, and which also includes at least 500 hours of supervised, face-to-face client contact.
Determination of significant fiscal effect on the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The department estimates that this rule will require staff time in the Division of Professional Credentialing and Office of Legal Counsel to revise applications, and to provide customer service. The value of these staffs' salary and fringe benefits for this work is estimated at $828.
Effect on small business
Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email: pamela.haack@drl.state.wi.us. Copies of the notice of hearing are available upon request.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Email pamela.haack@drl.state.wi.us. Comments must be received on or before July 11, 2005, to be included in the record of rule-making proceedings.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work 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 (3), Wis. Stats., and interpreting s. 457.14 (1) (a) to (d) and (2), Wis. 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 amend s. MPSW 3.11 (5), relating to expiration of a temporary credential issued by the Social Worker Section.
Hearing Date, Time and Location
Date:   June 29, 2005
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 Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to pamela.haack@drl.state.wi.us. Written comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: Section 457.14 (1) (a) to (d) and (2), Stats.
Statutory authority
Sections 15.08 (5) (b), 227.11 (2) and 457.03 (3), Stats
Explanation of agency authority
Currently, s. MPSW 3.11 provides that a temporary credential expires upon notification of having failed the required examination or 9 months after having been issued, whichever is earlier. This proposal would permit applicants to retake the failed examination without having to surrender their temporary certificate or license, thereby allowing them to remain in practice while they await the next examination opportunity. However, the temporary certificate or license would still expire 9 months from the date of its issuance.
Plain language analysis
The current rule provides that a temporary social worker license will expire when the holder fails the required examination, or after the 9 month period passes, whichever is earlier. The person who fails the required examination must then return their license to the social worker section. Furthermore, this temporary license may not be renewed.
The proposed rule-making order would eliminate the expiration of the temporary license upon the failure of the required examination and that the license holder must then return the license. The proposed change would allow the temporary license holder to retake the required examination until they are able to pass the examination during the 9 month period of time. Therefore, the license will only expire at the end of the 9 month period of the license and may not be renewed.
The proposed rule change is good because it eliminates the loss of the temporary license and streamlines the licensing process while maintaining the protection of the public. The protection is maintained because under either version of the rule – current or proposed – the license holder could retake the examination; however, with the proposed change, the license holder would still be able to practice while retaking the examination. Previously, at best the person could only practice case management; at worst they may be terminated due to the loss of the temporary license. Furthermore, small business will not be affected and there may be a small benefit as the temporary credential holder may remain in practice while they are attempting to pass the required examination.
Determination of significant fiscal effect on the private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rule will have no impact on the department's funds.
Effect on small business
Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email: pamela.haack@drl.state.wi.us. Copies of the notice of hearing are available upon request.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Email pamela.haack@drl.state.wi.us. Comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.
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