Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 07-073]
(Partially reprinted and corrected from 7/31/07 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapters ATCP 99, 100, and 101, Wis. Adm. Code, relating to the Agricultural Producer Security.
[corrected paragraph]
DATCP will hold three public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Wednesday, October 31, 2007 for additional written comments.
Notice of Hearings
Public Instruction
[
CR 07-057 ]
(Partially reprinted and amended from
7/31/07 Wis. Adm. Register)
Hearing Information
The hearings will be held as follows:
Date and Time Location
August 20, 2007 Eau Claire
3:00 – 5:00 p.m. UW Eau Claire
Schneider Hall
1702 Park Avenue
Room 225
August 22, 2007 Stevens Point
3:00 – 5:00 p.m. UW – Stevens Point
CPS Building
1901 Fourth Avenue
Room 116
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Chrystyna Mursky, Consultant, Gifted and Talented, at (608) 267-9273 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, Written Comments, 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 mail or email address no later than September 24, 2007, will be given the same consideration as testimony presented at the hearing. [The comment period deadline has been extended.]
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and subchapter VII of ch. 440, Stats., as created by
2005 Wisconsin Act 25, renumbered by
2005 Wisconsin Act 254, and amended by
2005 Wisconsin Act 407, and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order adopting emergency rules to create chs.
RL 160,
161,
162,
163,
166,
167 and
168, relating to substance abuse professionals.
Hearing Date, Time and Location
Date: September 11, 2007
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
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. Written comments must be received by September 14, 2007, to be included in the record of rule-making proceedings.
Analysis Prepared by Dept. of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
Subchapter VII of ch 440, Stats., was enacted on July 25, 2005. It was amended by Act 407 which was enacted on May 10, 2006. Under subch.
VII of ch. 440, Stats., the Department of Regulation and Licensing is required to promulgate rules relating to the issuance and renewal of credentials, requirements for certification, supervised practice, scope of practice, education approval, grounds for discipline and professional liability insurance.
Related statute or rule
Section
MPSW 1.09, Wis. Adm. Code, which relates to certification of social workers, professional counselors and marriage and family therapists to treat substance use disorder patients as a specialty.
Chapter
HFS 75, Wis. Adm. Code, which relates to the certification of substance use disorder treatment clinics and programs.
Plain language analysis
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective 2006. This proposed rule-making order creates rules relating to definitions, requirements for certification, supervised practice, scope of practice, education approval, and professional liability insurance for substance abuse professionals. Please refer to the “Summary of factual data and analytical methodologies" section and the section on “Analysis and supporting documentation used to determine effect on small business or in preparation of economic impact report."
Chapter
RL 160 is being created to include definitions of terms that are used in subch.
VII of ch. 440, Stats., and in chs.
RL 160 to
167. The proposed rules include definitions for “accredited," “assessment," “behavioral science field," “CEH," “clinical substance abuse counselor," “clinical supervision," “clinical supervisor,." “clinical supervisor-in-training," “comprehensive program," “core functions," “credential," “department," “DSM," “hour," “independent clinical supervisor," “intermediate clinical supervisor," “patient," “practice dimensions," “prevention," “prevention domains," “prevention specialist," “prevention specialist-in-training," “substance," “substance abuse counselor," “substance abuse counselor-in-training," “substance use disorder" and “transdisciplinary foundations."
Chapter
RL 161 is being created to identify the requirements and procedures for submitting applications for licenses.
Chapter
RL 162 is being created to identify the restrictions and minimum requirements for supervision of counselors by clinical supervisors.
Chapter
163 is being created to identify the scope and restrictions on the practice of the credential holders.
Chapter
RL 166 is being created to identify the approval process and educational requirements for educational coursework and continuing education opportunities.
Chapter
RL 167 is being created to require credential holders to have liability insurance in effect.
Chapter
RL 168 is being created to identify the requirements for continuing education.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Comparison with adjacent states
Illinois:
The state of Illinois does not credential AODA or Substance Abuse Professionals, but does mandate the certification and use of those professions in their state certified alcohol and drug abuse clinics. This is similar to the status in Wisconsin prior to
2005 Wisconsin Act 25. Under Illinois code: Title 77: Chapter 2060.309 part of the staffing requirements of their clinics require counselors to hold clinical certification as a Certified Alcohol and Drug Counselor issued by the Illinois Alcoholism and Other Drug Abuse Professional Certification Association (IAODAPCA). This is a private, not-for-profit association, which was similar to the defunct Wisconsin Certification Board. Certification is still largely voluntary as certification is not required outside the clinics and there are broad exemptions in the code for certification requirements, which allow other professionals including clinical psychologists, licensed professional counselors, licensed clinical professional counselors, licensed clinical social workers, advanced practice nurses and licensed practical nurses to practice without an AODA certification.
IAODAPCA bases their requirements of those of the International Certification and Reciprocity (IC&RC). To obtain certification as a certified alcohol and drug counselor, an applicant must: hold a high school diploma or GED; complete 225 hours of education; complete 2 years of supervised practice; pass the IC&RC counselor examination. To achieve the certified reciprocal level of drug and alcohol counselor, the applicant must: have a high school diploma or GED; complete 3 years of supervised practice; complete 300 hours of training; complete 300 hours of education; pass the reciprocal level counselor examination as well as the case presentation method (CPM – a written and oral examination provided by the IC&RC). To achieve the supervisor credential, the counselor applicant must demonstrate 5 years of practice as counselor, including 1 year as a clinical counselor, 350 hours of education and the passage of the clinical supervisor examination.
