Scope Statements
Health and Family Services
Subject
The Department of Health and Family Services proposes to amend ch.
HFS 56, Foster Home Care for Children, relating to creating restrictions on exposing foster children to second-hand smoke; using physical restraint with foster children; and providing direction on tribal foster homes and Indian children.
Policy Analysis
Section
48.67, Stats., requires the Department to promulgate rules establishing minimum requirements for the issuance of licenses and the operation of foster homes and treatment foster homes among other entities. The rules must be designed to promote the health, safety, and welfare of the children placed in the care of the foster parent or treatment foster parent.
In order to promote the health and welfare of foster children, the Department intends to amend the rules to prohibit foster families from exposing foster children to second hand smoke.
The Department also intends to amend the rules to provide clarification and guidance to support the prohibition on using physical punishment, ill treatment, or harsh or humiliating discipline of a foster child.
Finally, the Department intends to amend the rules to provide for the support and recognition of tribal custom and practice to enhance the welfare of Indian foster children and to provide guidance regarding the statutory right of Wisconsin tribes to license foster homes.
Statutory Authority
The Department's authority to promulgate these changes to the rules is found at ss.
48.67,
48.675 (2), and
227.11 (2), Stats.
Entities Affected by the Rule
The amendments to the rule will have a direct impact on the Department, including the Bureau of Milwaukee Child Welfare (BMCW), county human and social services agencies, licensed child placing agencies, and prospective and current foster parents and treatment foster parents, including those individuals who are seeking licensure as a foster parent for the purposes of adopting a child.
Comparison with Federal Regulations
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Estimate of Time Needed to Develop the Rule
It is anticipated that approximately 70 hours of staff time will be required for the development, drafting, review, and editing of the proposed rule. The Department will work with the Out-of-Home Care/Adoption Committee to develop the rule. Committee participants include representatives from the Bureau of Milwaukee Child Welfare, Bureau of Regulation and Licensing, county human services and social services agencies, tribal child welfare agencies and private child placing agencies.
Insurance
Subject
The rule affects ch.
Ins 2, relating to sales of life insurance and annuities to the military and affecting small business.
Objective of the Rule
The purpose of the proposed rule is to address life insurance and annuities sales practices involving military personnel that are unfair, false, misleading or deceptive. In that regard the Office will consider adoption of the National Association of Insurance Commissioner's (“NAIC") Model Military Sales Practices Model Regulation (“Model").
Policy Analysis
The Model was adopted by the NAIC in June 2007 at the direction of Congress expressed in the Military Personnel Financial Services Protection Act, Pub. L. No. 109-290 (2006) (the “Federal Act"). There are no current state laws or rules that specifically address sales of life insurance and annuities products to the military or on military bases.
Statutory Authority
Entities Affected by the Rule
The proposed rule will apply to insurers, agencies and agents.
Comparison with Federal Regulations
The Model tracks or incorporates relevant U.S. Department of Defense solicitation regulations in Instruction 1344.07: Personal Commercial Solicitation on Department of Defense Installations, and Army Regulation 210-7: Commercial Solicitation on Army Installations. These regulations identify improper sales practices directed at active duty service members. However the Model also addresses similar sales practices directed to active duty military personnel conducted off military installations. The proposed rule is likely to similarly reflect these U.S. military regulations.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Proposed amendments to: definitions under ch.
MPSW 10; application for licensure as a professional counselor as provided in s.
MPSW 11.01, pertaining to degree requirements, board approval of equivalent programs and accreditation of programs; application requirements for professional counselor licensure specifically related to obtaining 3000 hours of supervised practice of professional counseling under a professional counselor training license as provided in s.
MPSW 11.015 and ch.
MPSW 12; academic programs equivalent to degrees in professional counseling pertaining to coursework requirements, credit hour requirements, accreditation standards, total program credit requirements and board approval as provided in ss.
MPSW 14.01 and
14.02.
Objective of the Rule
Proposed amendments to ss. MPSW 10.01 Definitions and 11.01 Applications.
The definition or description of what is considered a Master's or Doctorate degree in professional counseling is not found or clarified in the board's administrative rules; however, the statutory requirements for licensure include submitting either a “Master's Degree in Professional Counseling" or its equivalent from a program approved by the section. The section has found that a “professional counseling degree" does not appear to be a common name applied to a counseling master's program, and instead has found programs with numerous counseling related titles including, guidance and counseling, counseling psychology, rehabilitation counseling, etc. The section proposes to create a definition and/or guidelines as to what constitutes a professional counseling degree acceptable by the section as well as guidelines on program preapproval and approval.
Proposed amendments to s. MPSW 11.015 Professional counselor training license and ch. MPSW 12 Supervised practice requirement.
The current rules do not explicitly state that a person must hold a professional counselor training license in order to accrue hours of supervised professional counseling practice. Thusly, the section found that many applicants have provided and in some cases are currently providing psychotherapeutic services without the training credential. As the practice of professional counseling and the provision of psychotherapy is a protected practice under ch.
457, Wis. Stats., the section is proposing to clarify the requirement to hold a credential while accumulating their supervised practice hours.
Wisconsin's equivalency standards are set at 48 credits minimum (3 credits for counseling practicum, 3 credits for counseling theory, and 42 credits distributed over 6 of the 8 topic areas) for a program considered equivalent to a professional counselor degree. The section may wish to look closer at the national models for professional counseling licensure. The national models for practice appear to be a minimum of 48 credit programs for non-clinical counselor education programs and 60 hours for mental health counseling (clinical psychotherapy) programs.
Proposed amendments to ss. MPSW 14.01 and 14.02 Academic programs equivalent to a master's and doctorate degree in professional counseling.
The section's rules for determining equivalency to a master's/doctorate degree in professional counseling require minimums of one 3-credit semester hour or 4 quarter hour coursework in a number of “topic areas" specified under the rules. The section has found little evidence that establishes degree programs primarily assembled with 3-semester hour or 4-quarter hour courses as intrinsically superior to other programs with the semester hour or quarter hour minimum and proposes to eliminate the requirement.
Additionally, under equivalent degree standards, the rules specify a minimum of 42 credits distributed over 6 of the 8 topic areas plus 3 credit minimums for the required counseling theory and practicum for a minimum of a 48 credit program. The section has found that this requirement varies from state to state, and the national models for practice describe a minimum of a 48-credit non-clinical education program and 60 credits for mental health counseling programs, and includes guidelines for addressing deficiencies with alternative requirements. The section reserves the right to adjust the credit minimum and requirements for achieving equivalency.
Policy Analysis
The section made the following policy determinations regarding the requirement to obtain supervised hours under a training credential:
•
Board legal counsel, Jacquelynn Rothstein, advised the section that under Act 80 individuals should be holding a PC training certificate.
2001 Act 80, revised Wis. Stat. Chapter
457 which created practice protection for the mental health licensure, including professional counseling
(Discussion Regarding Professional Counselor Training Certificates, Professional Counselor Section minutes, November 16, 2004)
•
All supervised hours accumulated on or before March 1, 2005 (without a training certificate) by those individuals eligible for a training certificate will be counted toward licensure. All supervised hours obtained after March 1, 2005, must be completed under a valid training certificate. (Professional Counselor Section minutes, November 16, 2004)
•
The Professional Counselor Section will consider applications for PC licensure for those who received their required supervised practice without the benefit of a training certificate on a case-by-case basis for applicants who graduated prior to 2005. (Professional Counselor Section minutes, October 31, 2005)
The section made the following policy determinations regarding approval and preapproval of degree programs used to satisfy the requirements for licensure:
•
The section discussed the various program names with “Counseling" in the description and how the department should handle the application process for these programs. The board advised the credentialing staff that if an applicant holds a master's or doctor's degree in “counseling" (as opposed to “professional counseling"), that is not on the approved list on the application, then credentialing will ask for a transcript to be sent. (Discussion Re: Guidelines regarding the application process and Practicum [Sic] for Credentialing Staff to Use, Professional Counselor Section minutes, June 25, 2003)
•
The department discussed with the section a question frequently posed by applicants as to if they hold degrees that have names very similar to those on the “preapproved list" would the section accept them. Credentialing staff also asked for guidance as to what they should do with the preapproved list – should program names be added one at a time or should there be another mechanism in place. The section directed the department to obtain a counseling program catalog and to include a list of CACREP approved schools along with the application materials. (Discussion Re: Pre-approved degrees – Consider Adding Degree(s) to Pre-approved List, Professional Counselor Section minutes, Sept 24, 2003)
•
The section held a discussion as to whether a number of specific Wisconsin Programs should be considered on the “approved program list." The section reviewed materials from the following programs and made determinations as to whether they would be accepted on the approved program list. Upon the review of specific programs, credentialing staff was directed to create a new preapproved program list. The section also at this time voted to accept any CACREP or CORE accredited programs as automatically meeting the requirements for licensure. (Discussion Re: Approval of School Programs and the Development of New Approved Degree List…
, Professional Counselor Section minutes, February 1, 2005)
Statutory Authority
Entities Affected by the Rule
Entities primarily affected by the rule will be those interested in pursuing training licensure or full licensure as a professional counselor. This may include those who are currently providing psychotherapy in s.
HFS 61.96 clinics under an exemption for licensure who at a future time may wish to ask the section to count their supervised practice time gained in clinical practice without the benefit of a professional counseling training license.
Changes outlined in the scope may also affect counselor programs provided by accredited colleges and universities.
Comparison with Federal Regulations
There is no applicable existing federal legislation.
Estimate of Time Needed to Develop the Rule
160 hours.
Natural Resources
Subject
The rule relates to the State Wildlife Grants Program.
Objective of the Rule
The Department requests authorization to begin development of an administrative rule to establish a grant program to help implement the Wildlife Action Plan. The State Wildlife Grants Program, funded through annual Congressional appropriations and administered by the U.S. Fish and Wildlife Service, provides federal money to Wisconsin for cost-effective conservation aimed at preventing wildlife from becoming endangered. The Department will provide financial assistance, through State Wildlife Grant funds, for projects that protect Species of Greatest Conservation Need and their habitats, as described in the Wildlife Action Plan.
Policy Analysis
United States laws and policies place the primary responsibility for wildlife management in the hands of the states. State fish and wildlife agencies have a long history of success in conserving game species, thanks to the support of hunter and angler license fees and federal excise taxes. But 90 percent of our Nation's wildlife is not hunted or fished. As a result, there is a serious gap in wildlife conservation funding, and thousands of species are falling through the cracks.
State Wildlife Grants help fill that gap by supporting projects that prevent all wildlife from declining to the point of being endangered. Projects supported by this program protect and restore important lands and waters, collect information on what kinds of wildlife are in trouble, and develop partnerships with landowners to protect declining species and habitats on public and private lands. By emphasizing a proactive approach, the State Wildlife Grants Program helps us take action to protect wildlife and habitats before they become too rare and costly to protect.
In order to make the best use of the State Wildlife Grants Program, Congress charged each state and territory with developing a statewide wildlife action plan. These proactive plans identify species and habitats of greatest conservation need and outline the steps needed to conserve all wildlife and vital natural areas for future generations.
The State Wildlife Grants Program saves taxpayer dollars. Taking action to conserve wildlife before it becomes endangered is environmentally sound and fiscally responsible. Once a species declines to the point of potential extinction, recovery efforts become risky and expensive. A non-federal match requirement assures local ownership and leverages state and private funds to support conservation. In an era of tight budgets, the State Wildlife Grants Program represents how limited federal funds can be invested to get the most results for taxpayers.
Statutory Authority
Sections
227.11 and
29.604, Stats.; and Department of the Interior and Related Agencies Appropriations Act, 2002, Public Law 107-63; Title I; Land and Water Conservation Fund Act of 1965 U.S. C. 4601-4 through 11.
Entities Affected by the Rule
State Wildlife Grants support projects that prevent wildlife from declining to the point of being endangered. Projects supported by this program protect and restore important lands and waters, collect information on what kinds of wildlife are in trouble, and develop partnerships with landowners to protect declining species and habitats on public and private lands. Therefore, public land managers and private landowners throughout the state will benefit from this program as well as public agencies, non-governmental environmental groups, researchers at universities and colleges and citizen scientists.
Comparison with Federal Regulations
Several grant programs provide opportunities for private landowners to manage their land for rare species. The U.S. Fish and Wildlife Service provides grants to private landowners through the Partners for Fish and Wildlife Program and the Private Stewardship Grant Program, which both focus on species listed at the federal level as endangered or threatened. The U.S. Fish and Wildlife Service also funds the Landowner Incentive Program (LIP). LIP was authorized by Congress to provide technical and financial assistance to private landowners who are willing to partner with their states to maintain and enhance habitat for “at-risk species". These rare animals and plants, which are identified by each state, include state- and federally-listed species and other species with small and/or declining numbers in the state. The program is intended for management, restoration and protection of private land with habitat for at-risk species. The Natural Resources Conservation Service provides funds to private landowners to restore habitat for federal or state listed species or special concern species through the Wildlife Habitat Incentive Program. The State Wildlife Grants Program is an opportunity to address the gaps in existing funding and tailor a program unique to Wisconsin.
Estimate of Time Needed to Develop the Rule
The Department will need approximately 170 hours of staff time.
Natural Resources
Subject
The rule affects ch.
NR 219, relating to water test procedures and analysis methods.
Objective of the Rule
In March 2007, EPA published two final rules, “Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; National Primary Drinking Water Regulations; and National Secondary Drinking Water Regulations" and “Guidelines Establishing Test Procedures for the Analysis of Pollutants; Analytical Methods for Biological Pollutants in Wastewater and Sewage Sludge". The proposed revision to ch.
NR 219 incorporates these changes.
Policy Analysis
The analytical methods contained in
40 CFR Part 136, which are used by laboratories in support of WPDES compliance monitoring, have not been substantively updated in several years. Many of the methods that were deleted by this action were originally published thirty or more years ago. Use of newer laboratory instruments and methods have been hindered by the lack of inclusion in the Federal rule. The WPDES-required analysis of oil and grease has been updated to eliminate the use of freon, which is an known ozone depleting substance.
This update will allow laboratories to utilize these new techniques, deletes outdated methods and typically provides two or more analytical methods from which laboratories can select to use. Many laboratories will find little or no modification to their practices as a result of these changes. This update non-controversial.
Statutory Authority
Entities Affected by the Rule
Wisconsin Pollutant Discharge Elimination System (WPDES) permittees and Chapter
NR 149 registered and certified laboratories.
Comparison with Federal Regulations
This revision will update ch.
NR 219 to reflect recent changes at
40 CFR Parts 122,
136,
430,
455,
465, and
503. All tables in ch.
NR 219 contain analytical methods and sample hold time and preservation requirements that have been impacted by the March 2007 final rules. This rulemaking will update the content of each table to reflect these changes.
Estimate of Time Needed to Develop the Rule
Approximately 170 hours.
Natural Resources
Subject
The rule affects ch.
NR 462, relating to the Boiler MACT rule.
Objective of the Rule
The proposed rulemaking is intended to repeal or amend Chapter
NR 462 so that it is not in effect or has no compliance date in effect in the short term since the underlying counterpart federal rule has been vacated by the Federal Appeals Court.
Policy Analysis
Existing state policy is to be consistent with federal regulations with certain limited exceptions when statutory criteria are met. Chapter
NR 462 was adopted and became effective in 2006 to reflect and be fully consistent with the counterpart federal regulations. Those federal regulations were vacated by the United States Court of Appeals for the District of Columbia. The policy alternatives are to remain consistent with federal regulations or to determine that there is a policy reason and sufficient legal authority for Chapter
NR 462 and the compliance deadline to remain in effect as a state-only regulation when the underlying federal regulation has been vacated.
Statutory Authority
Entities Affected by the Rule
There are approximately 93 industrial, commercial and institutional boiler facilities in Wisconsin affected by ch.
NR 462.
Comparison with Federal Regulations
The counterpart federal regulation (now vacated) is
40 CFR Part 63, Subpart DDDDD. On July 30, 2007 the United States Court of Appeals for the District of Columbia vacated the federal rule that is the basis for NR 462. The existing Chap. NR 462 is fully consistent with the federal regulation that's been vacated.
Estimate of Time Needed to Develop the Rule
Approximately 100 hrs. staff time primarily within the Bureau of Air Management
