Safety and Professional Services
Professional Services, 1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2) (a) and
440.88 (3) (a) and
(b), Wis. Stats., and interpreting, ss.
227.11 (2) (a) and
440.88, Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal section
SPS 166.03 (4) and to amend sections
SPS 160.01,
166.03 (1),
166.03 (2),
166.07 (1) (intro.), and
166.07 (1) (a), relating to substance abuse professionals.
Hearing Information
Date: Monday, December 1, 2014
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 121B
Enter at 55 North Dickinson Street
Madison, WI
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. All submittals must be directed to Katie Paff, Program and Policy Analyst, at
Kathleen.Paff@wisconsin.gov; or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to
Kathleen.Paff@wisconsin.gov. Comments must be received at or before the public hearing to be held on
December 1, 2014 at 10:00 a.m. to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section 227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.
Section 440.88 (3) (a) and (b), Wis. Stats. (a) Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s.
HFS 75.02 (11) and
(84), Wis. Adm. Code, in effect on December 15, 2006:
1. Substance abuse counselors-in-training.
2. Substance abuse counselors.
3. Clinical substance abuse counselors.
4m. Clinical supervisors-in-training.
5. Intermediate clinical supervisors.
6. Independent clinical supervisors.
7. Prevention specialists-in-training.
8. Prevention specialists.
(b) Rules promulgated under par. (a) shall include standards based on demonstrated requisite competency, knowledge, skills, and attitudes of professional practice that are culturally competent and evidence-based.
Related statute or rule
Plain language analysis
Current Department administrative rules require an individual seeking substance abuse counselor certification to attend a comprehensive program that has been pre-approved by the Department. The proposed rule modifies the comprehensive program approval requirements to allow for competency-based flexible option programs. Competency-based flexible option programs address workforce shortage issues by providing an academically rigorous but less time-consuming avenue for obtaining the substance abuse counselor education requirements that is appealing to working adults.
Specifically, the current rule limits the number of education hours in a comprehensive program that may be obtained through internet based coursework. Since the initial promulgation of these rules, significant technological advancements in internet-based coursework have made it essentially comparable to in-person coursework. The proposed rule eliminates the limitation on internet based coursework.
The current rule also requires an individual seeking approval of a comprehensive program to submit specific allocations of classroom hours toward each required content area for each course. In the proposed rule, an individual seeking approval of a program that is based on core competencies may allocate classroom hours toward each content area for each core competency.
Lastly, the proposed rule updates incorrect references to other code and statutes.
Summary of, and comparison with, existing or proposed federal regulation
None
Comparison with rules in adjacent states
Illinois: All professional staff providing clinical services at organizations licensed to provide alcoholism and substance abuse treatment and intervention by the Department of Human Services must hold clinical certification as a Certified Alcohol and Drug Counselor from the Illinois Alcoholism and Other Drug Abuse Professional Certification Organization (IAODAPCA) or be a licensed professional counselor, licensed clinical professional counselor, a licensed physician, a licensed psychologist, or a licensed social worker or clinical social worker. All professional staff providing only clinical assessments, DUI evaluations or designated program intervention services shall meet one of the qualifications for staff providing clinical services or hold assessor certification as a Certified Assessment and Referral Specialist (CARS) from IAODAPCA. All staff providing DUI risk education services shall meet one of the qualifications for staff providing clinical services or hold Alcohol and Other Drug Abuse (AODA) certification from IAODAPCA. (77 Ill. Adm. Code 2060.309 Professional Staff Qualifications)
IAODAPCA does not pre-approve education courses for initial application. Acceptable sources of education include: college courses, seminars, conferences, in-services, and lectures (IAODAPCA AODA Counselor Model, page 8). IAODAPCA does not restrict online course credit hours.
Iowa: Iowa Administrative Rules do not require the certification of substance abuse professionals.
Michigan: Michigan Administrative Rules do not require the certification of substance abuse professionals.
Minnesota: All individuals who use the title alcohol and drug counselor and all individuals who provide alcohol and drug counseling services to clients who reside in Minnesota must be licensed as an alcohol and drug counselor by the Minnesota Board of Behavioral Health and Therapy. Education requirements for licensure include: a bachelor's degree from an accredited school or educational program, 18 semester credits or 270 clock hours of academic course work, and 80 clock hours of supervised alcohol and drug counseling practicum from an accredited school or education program. The course work and practicum do not have to be part of the bachelor's degree. The statutes further specify the specific topic areas of the course work. Examination requirements for licensure include passing the IC&RC AODA written examination (or an equivalent exam as determined by the Board) or passing a written exam as determined by the board and one of the following: (1) Completing a written case presentation and passing an oral examination, or (2) Completing 2,000 hours of post-degree supervised professional practice. (Minnesota Statutes 148F.025)
An accredited school or educational program is defined as “a school of alcohol and drug counseling, university, college, or other postsecondary education program that, at the time the student completes the program, is accredited by a regional accrediting association whose standards are substantially equivalent to those of the North Central Association of Colleges and Postsecondary Education Institutions or an accrediting association that evaluates schools of alcohol and drug counseling for inclusion of the education, practicum, and core function standards in this chapter." (Minnesota Statutes 148F.01 subd. 3.)
Summary of factual data and analytical methodologies
The data and methodology for developing these rule revisions consisted primarily of comparing current requirements for the approval of substance abuse counselor comprehensive programs with the structure of competency-based, flexible option programs. Adjacent states' rules were also reviewed.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is below.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an 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
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at
Kathleen.Paff@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original
⍽ Updated
⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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SPS 160, 166
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3. Subject
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Substance Abuse Professionals
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED
X PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
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20.165(1)(g)
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
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Current Department administrative rules require that an individual seeking substance abuse counselor certification attend a comprehensive program that has been pre-approved by the Department. The proposed rule modifies the comprehensive program approval requirements to allow for competency-based flexible option programs. Competency-based flexible option programs address workforce shortage issues by providing an academically rigorous but less time-consuming avenue for obtaining the substance abuse counselor education requirements that is appealing to working adults.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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This rule was posted for 14 days for economic impact comments and none were received.
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11. Identify the local governmental units that participated in the development of this EIA.
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None. This rule does not affect local government units.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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This rule will not have an economic or fiscal impact on businesses, business sectors, public utility rate payers, local government units or the state's economy as a whole.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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Competency-based flexible option programs address workforce shortage issues by providing an academically rigorous but less time-consuming avenue for obtaining the substance abuse counselor education requirements that is appealing to working adults. The alternative to implementing the rule would be to continue with the rules as currently written. These rules inhibit the approval of competency-based flexible option programs.
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14. Long Range Implications of Implementing the Rule
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In the long run, implementing this rule could allow more individuals to receive certification as substance abuse counselors meeting the state's growing demand for these professionals. As more individuals receive adequate treatment for substance abuse, Wisconsin could see a decrease in substance abuse rates.
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15. Compare With Approaches Being Used by Federal Government
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None
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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In Illinois, all professional staff providing clinical services at organizations licensed to provide alcoholism and substance abuse treatment and intervention by the Department of Human Services must hold clinical certification as a Certified Alcohol and Drug Counselor from the Illinois Alcoholism and Other Drug Abuse Professional Certification Organization (IAODAPCA) or be a licensed professional counselor, licensed clinical professional counselor, a licensed physician, a licensed psychologist, or a licensed social worker or clinical social worker.. (77 Ill. Adm. Code 2060.309 Professional Staff Qualifications) IAODAPCA does not pre-approve education courses for initial application. Acceptable sources of education include: college courses, seminars, conferences, in-services, and lectures (IAODAPCA AODA Counselor Model, page 8). IAODAPCA does not restrict online course credit hours.
In Minnesota, all individuals who use the title alcohol and drug counselor and all individuals who provide alcohol and drug counseling services to clients who reside in Minnesota must be licensed as an alcohol and drug counselor by the Minnesota Board of Behavioral Health and Therapy. Education requirements for licensure include: a bachelor's degree from an accredited school or educational program, 18 semester credits or 270 clock hours of academic course work, and 80 clock hours of supervised alcohol and drug counseling practicum from an accredited school or education program. The course work and practicum do not have to be part of the bachelor's degree. (Minnesota Statutes 148F.025) An accredited school or educational program is defined as “a school of alcohol and drug counseling, university, college, or other postsecondary education program that, at the time the student completes the program, is accredited by a regional accrediting association whose standards are substantially equivalent to those of the North Central Association of Colleges and Postsecondary Education Institutions or an accrediting association that evaluates schools of alcohol and drug counseling for inclusion of the education, practicum, and core function standards in this chapter." (Minnesota Statutes 148F.01 subd. 3.)
Iowa's and Michigan's statutes and administrative rules do not require the certification of substance abuse professionals.
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17. Contact Name
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18. Contact Phone Number
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Kathleen Paff
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(608) 261-4472
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This document can be made available in alternate formats to individuals with disabilities upon request.
Safety and Professional Services
General Part II, 326—360
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by ss.
101.055 (3) and
227.11 (2) (a) of the Wisconsin Statutes, and by interpreting s.
101.055 (3) of the Statutes, the Department will hold a public hearing at the time and place shown below to consider the proposed order below for Chapter
SPS 332, relating to public-employee safety and health standards.
Hearing Information
Date: Monday, December 1, 2014
Time: 1:00 p.m.
Location: 1400 East Washington Avenue
Room 121B
Enter at 55 North Dickinson Street
Madison, WI
Appearance at the Hearing and Copies of the Rule
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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Place Where Comments are to be Submitted and Deadline For Submission
Comments may be submitted to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366 or by e-mail at
sam.rockweiler@wi.gov. Comments must be received on or before
December 1, 2014, to be included in the record of rulemaking proceedings.
Proposed Order
An order of the Department of Safety and Professional Services to repeal SPS 332.06, 332.11 (2), 332.16 (3) and (4), 332.22 (1) (b) and (2) (a), 332.26 (1), 332.28 (1) and (2), 332.32 (2), 332.35, 332.36, 332.38 (1) and (2), 332.39, and 332.50 (1) and Table 332.50-2; to renumber SPS 332.01 (8) (a) to (e), 332.205, 332.22 (1) (a) and (2) (b), and 332.32 (1); to renumber and amend SPS 332.01 (8) (intro.), 332.10, 332.11 (1), 332.22 (2) (intro.), 332.23 (intro.) and (1), 332.25 (intro.) and (1), 332.26 (intro.), 332.28 (intro.) and (3), 332.30 (intro.) and (1), 332.32 (intro.), 332.37 (intro.) and (1), 332.38 (intro.) and (3), 332.40, and 332.50 (2) and Table 332.50-1; to amend SPS 332.003 (1); 332.05 (1) (intro.) and (a); 332.16 (14) and (16); 332.29 (intro.), (1), and (2); 332.33 (intro.); and 332.34 (intro.) and (2); to repeal and recreate SPS 332.002, 332.003 (2), 332.01 (1) and (5) to (7), 332.05 (2) to (4), 332.21, and 332.24; and to create SPS 332.003 (3), 332.01 (8) and (9), and 332.205 (3), relating to public-employee safety and health standards.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
101.055 (3) of the Statutes requires the Department to adopt, by rule, standards to protect the safety and health of public employees. The standards must provide protection that is at least equal to the protection which is provided to private-sector employees under standards promulgated by the federal Occupational Safety and Health Administration (OSHA) and must be revised as necessary to maintain that equivalent protection.
Section
227.11 (2) (a), Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rules are considered necessary to effectuate the purpose of the statute.
Related statute or rule
Section
101.02 (15) (j) of the Statutes requires the Department to promulgate rules for constructing, altering, adding to, repairing, and maintaining safe public buildings and places of employment. Under this authority, the Department has promulgated chs.
SPS 361 to
366, which establish statewide, uniform requirements for design, construction, maintenance, and repair of public buildings and places of employment, and ch.
SPS 314, which establishes statewide minimum requirements for preventing unwanted fires in public buildings and places of employment.
Chapter
SPS 330 contains Wisconsin's statewide safety and health requirements for public-sector fire department employees. That chapter applies to those employees in addition to the requirements in ch.
SPS 332.
Plain language analysis
These proposed changes to chapter SPS 332 would primarily incorporate the July 1, 2010, editions of the following OSHA standards as replacements to the currently incorporated July 1, 2003, editions of these standards:
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Title 29 of the Code of Federal Regulations, Part 1904 – Recording and Reporting Occupational Injuries and Illnesses.
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29 CFR 1910 — Occupational Safety and Health Standards.
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29 CFR 1915 — Occupational Safety and Health Standards for Shipyard Employment.
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29 CFR 1917 — Occupational Safety and Health Standards for Marine Terminals.
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29 CFR 1926 — Occupational Safety and Health Regulations for Construction.
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29 CFR 1928 — Occupational Safety and Health Standards for Agriculture.
These 2010 OSHA editions contain numerous revisions to the 2003 editions. Many of these revisions simply improve clarity and consistency; correct errors; update cross-references to other industry standards; and add new cross-references to other contemporary industry standards. Other revisions that are more substantive include (1) establishing the employer's responsibilities to provide personal protective equipment and training; (2) considerably reducing the permissible exposure limit for hexavalent-chromium compounds, from 0.5 to 0.005 mg/m3; (3) changing the repeat-exposure monitoring periods for acrylonitrile, vinyl chloride, 1-2-dipromo-3-chloropropane, and cotton dust; (4) changing the employer's responsibility for exposure-monitoring notification for acrylonitrile, vinyl chloride, 1-2-dipromo-3-chloropropane, coke-oven emissions, and cotton dust; (5) lengthening the cycle for updating the compliance program for inorganic arsenic, vinyl chloride, 1-2-dipromo-3-chloropropane, and coke-oven emissions; (6) lengthening the minimum timeframe for medical examinations for vinyl chloride and coke-oven emissions; (7) replacing general fire-prevention provisions for shipyards with comprehensive fire-protection provisions; and (8) reinstating roll-over protective-structure provisions from 1996 for tractors used in agricultural operations.
