Rule-Making Notices (Hearing Notices)

Analysis prepared by the Department of Regulation and Licensing

Statutes interpreted: Section 457.035, Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.

Explanation of agency authority:

Under s. 457.035, Wis. Stats., the Professional Counselor Section may promulgate rules regarding psychotherapy. The section did so and is now seeking to repeal its previously promulgated rule because it has determined that it is unnecessary. Currently, licensed professional counselors are able to practice independently, without supervision. If the existing provision is implemented, it will require certain practitioners to obtain supervision or will require them to meet additional requirements.

Related statute or rule:

There are no related statutes or rules other than those listed above.

Plain language analysis:

Currently, the independent practice of psychotherapy is within the scope of practice for licensed professional counselors. Repeal of the rule would preserve existing policy. Unless repealed, s. MPSW 13.01 will become effective and require professional counselors to work under supervision if they are providing psychotherapy but have not completed the requirements for independent practice.

Because there have not been complaints under the status quo, the Professional Counselor Section believes that the implementation of this provision is unnecessary and will in no way harm the public. Additionally, if implemented, an undue burden will be placed on licensees as they would be required to take an additional examination, and provide evidence of their clinical practice and academic coursework.

SECTION 1 repeals s. MPSW 13.01 thereby eliminating the requirements for professional counselors who provide psychotherapy.

Summary of, and comparison with, existing or proposed federal regulation:

There is no applicable existing federal regulation.

Comparison with rules in adjacent states:

Illinois:

Illinois has two statutory levels of licensure for professional counselors, including both licensed professional counselors and clinical professional counselors.

Iowa:

Iowa does not license professional counselors as a profession, but instead issues licenses to Mental Health Counselors and Marriage and Family Therapists. In Iowa, there is only one level of licensure and no separate clinical level.

Michigan:

Michigan appears to have two levels of licensure, including a limited professional counselor license available to individuals with a bachelor's degree and 5 years experience and a professional counselor license. However, the professional counselor license does not have a clinical component or level.

Minnesota:

Minnesota issues licenses to professional counselors, but does not have a clinical level credential.

Summary of factual data and analytical methodologies:

The section is proposing to amend its rules based on the professional experience of its members. There is no factual analysis available to support or oppose this proposal.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The proposed rule change, if enacted on or before January 1, 2007, will have no effect on existing small business. The rule change repeals an administrative rule with an initial effective date of January 1, 2007, thereby preserving the status quo.

After January 1, 2007, s. MPSW 13.01 (the existing rule) will become effective, limiting the scope of practice of existing licensees unless they apply for a certification through the Department of Regulation and Licensing. This proposed rule change, if enacted after January, 2007, will eliminate the need for an additional certification, and in the section's opinion, relieve an undue burden on professional counselors who may wish to practice independently.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Fiscal estimate

The department finds that the proposed rule will have no significant fiscal impact.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Effect on small business

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Written comments

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email [e-mail]. Comments must be received on or before August 1, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. MPSW 13.01 is repealed.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 and 227.11 (2) (a), Stats., interpreting ss. 29.014 and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2006 migratory game bird seasons and waterfowl hunting zones. The proposed rule establishes the season length and bag limits for the 2006 Wisconsin migratory game bird seasons. For ducks, the state is divided into two zones each with 60-day seasons. The season is proposed to begin at 9:00 a.m. on September 23 and continue for 60 consecutive days in the north, closing on November 21. In the south, the season would begin at 9:00 a.m. on September 30 and continue through October 8, followed by a 5-day split, and then reopening on October 14 and continuing through December 3. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, one canvasback (from October 14 to November 12 statewide), 2 wood ducks, 2 redheads and 2 scaup.

For Canada geese, the state is apportioned in 3 goose hunting zones with other special goose management subzones within the Exterior Zone. Season lengths are: Collins Zone – 64 days; Horicon Zone – 92 days; Exterior Zone – 92 days; and the Mississippi River subzone – 70 days. The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese is the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day from September 16 to October 1 and 2 birds per day for the remainder of the season.

NOTICE IS HEREBY FURTHER GIVEN that in addition to comments on the proposed season lengths and bag limits, the Department is seeking public input regarding proposals (1) for the opening time for the first day of the 2006 duck seasons; (2) to eliminate the Canada goose Horicon Intensive Management subzone adjacent to the Horicon National Wildlife Refuge; and (3) establishing a new North/South zone boundary for Wisconsin's duck zones for the 2006-2010 period.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

August 7, 2006   Basement conference room
(Monday)   County Administration Building
  400 4th Street North
  La Crosse at 7:00 p.m.

August 8, 2006   Room A, DNR Service Center
(Tuesday)   107 Sutliff Avenue
  Rhinelander at 7:00 p.m.

August 9, 2006   Room 310, Green Bay City Hall
(Wednesday)   100 N. Jefferson Street
  Green Bay at 7:00 p.m.

August 10, 2006   Main conference room
(Thursday)   State Office Building
  141 NW Barstow Street
  Waukesha at 7:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Kim Benton at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments and Copy of Rule

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this website using the Natural Resources Board Order No. WM-26-06.) Written comments on the proposed rule may be submitted via U.S. mail to Ms. Kim Benton, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 10, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Benton.

Notice of Hearing

Public Service Commission

[CR 06-067]

The Public Service Commission of Wisconsin proposes an order to revise ch. PSC 160, relating to the provision of universal telecommunications service, administration of the universal service fund and related changes.

The Commission invites testimony and written comments about all of the proposed rule changes, and also about:

• Whether changes concerning Eligible Telecommunications Carrier (ETC) status are necessary or desirable pursuant to changes made to the federal ETC requirements by the Federal Communications Commission (FCC).1

1See, In Re: Federal-State Joint Board on Universal Service, “Report and Order," CC Docket No. 96-45; FCC 05-46, issued March 17, 2005. The Report and Order adopted certain recommendations made by the Federal-State Joint Board on Universal Service regarding minimum eligibility, certification, and reporting requirements for carriers wanting to be designated as an ETC by the FCC. The Report and Order encouraged states exercising jurisdiction over ETC designations pursuant to 47 U.S.C. § 214 (e) (2), to adopt the same requirements. In addition, the Report and Order permits states to extend generally applicable consumer protection requirements to all ETCs, including wireless carriers.

• Whether assessment of wireless providers should be resumed.

• Whether changes should be made to Wis. Admin. Code ss. PSC 160.031 and 160.035 to update the data transmission capability requirement. Possible approaches could be:

• Making no changes to the section.

• Raising the speed requirement for all voice grade lines to some other number, such as 28 kbs, or 56 kbps.

• Other options, such as allowing for the use of other, non-voice grade services to meet the requirement, allowing partnering with other providers, allowing phase-in periods or applying the requirement to a certain percentage of customers, allowing waivers if the company can demonstrate that meeting the requirement will not be profitable, or using Universal Service Fund (USF) money to allow companies to meet the requirement. These options are further described in the Commission Information Memo on Data Transmission.2

2 The Commission Information Memo is dated November 2, 2005, and is available on the Commission website, psc.wi.gov , under Telecommunications Major Cases.

Analysis Prepared by the Public Service Commission of Wisconsin

The analysis is set forth as Attachment A.

Initial Regulatory Flexibility Analysis

Existing USF rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats. These small telecommunications utilities, like other telecommunications providers (both large and small), have obligations under the USF, including an obligation for payments to the USF. Additionally, this rule continues to allow the USF assessment of commercial mobile radio service (CMRS) providers, although the assessment has been suspended by the Commission pending the promulgation of this rule. The Commission may or may not end the suspension. Other requirements in the rule only apply to CMRS providers who voluntarily choose to become designated as eligible telecommunications carriers. Since the Commission does not regulate CMRS providers, its does not have records indicating how many of them are small businesses.

These proposed rules should have no particular impact on small businesses. The Commission already has established, in s. PSC 160.18 (1), an exemption from fund assessments to protect entry by and continued operation of small telecommunications providers as directed by statutory objectives. In s. PSC 160.01 (2) (b), the existing rules allow the Commission to give individual consideration to unusual situations and to adopt different requirements for particular telecommunications providers. Small businesses can request that the Commission provide an exception to a rule requirement. There are no new reporting or bookkeeping requirements created under these proposed rules.

The agency has considered the methods in s. 227.114 (2), Stats., for reducing the impact of the rules on small businesses. Accordingly, the agency has included provisions for exemption from assessments for small providers, and allowing requests for consideration of unusual circumstances, as noted above. Further application of these methods is not consistent with statutory objectives.

Fiscal Estimate

These rule changes have no fiscal impact. There is also no financial impact on the private sector.

Notice of Hearing

NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Friday, July 14, 2006, at 9:30 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Friday, July 28, 2006, at noon (Thursday, July 27, 2006, at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-198. File by one mode only.

Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.

Members of the Public:

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov.

If filing by mail, courier, or hand delivery: Address as shown in the box on page 1.

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-198, and the number of pages (limited to 25 pages for fax comments).

Contact Person

Questions regarding this matter should be directed to Anita Sprenger, Universal Service Fund Manager at [phone]. Small business questions may be directed to Gary Evenson at [phone] or Gary.Evenson@psc. state.wi.us. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at [phone]. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin [phone], if calling from outside Wisconsin [phone].

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Anita Sprenger, as indicated in the previous paragraph, as soon as possible.