STATE OF WISCONSIN
Marriage and Family Therapy, Professional
Counseling, Social Worker Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, SOCIAL WORKER EXAMINING BOARD
PROPOSED ORDER OF THE MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, SOCIAL WORKER EXAMINING BOARD ADOPTING RULE
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Marriage and Family Therapy, Professional Counseling, Social Worker Examining Board to repeal MPSW 1.03, 1.04 (2) (intro), (a) and (b), 1.05 (1) and (3), 1.05 (7), 1.06 (1), (2), (3), (4), (5), (6) and (7), 1.07, 1.08; to amend 1.05(6), 1.06 (intro); to create 1.035, 1.085, relating to rules, application, exam and renewal procedures.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
The board shall promulgate rules for its own guidance and for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to pharmacy. s. 15.08 (5) (b), Stats. The board may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the board grants or issues. s. 440.071 (1), Stats. The board may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established in chapter 457, that the examining board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the examining board. s. 440.08 (3) (b), Stats. Plain language analysis:
Section 1 and 2 repeals the current rule-making procedure and creates a new procedure. The rules committee is deemed by the board to be obsolete. The Sections of the Board will still propose and draft the rules applying to individual professions and hold the public hearings while the Board will draft rules and hold public hearings for the matters the board deems as a joint interest.
Section 3 repeals the provisions requiring all application requirements prior to sitting for the examination. 2013 Act 113 prohibits a board from requiring the education be completed prior to the taking the examination. This section removes the requirement of education be completed prior to taking the examination. In addition, this section removes the obsolete requirement that all application materials be submitted 60 days prior to the examination. Section 4 repeals the obsolete provision regarding the examination be administered at least once a year. The board relies on national examinations with the providers controlling the dates the examination is administered. All of these tests are available multiple times a year.
This section also removes the provision that states the examination consists of a two part examination. In essence it states that the board will give two examinations and call it one examination with two parts. There is no statutory requirement for applicants to pass an examination on the state laws (with the exception of an applicant who holds a social worker training certificate or is applying via reciprocity). An Attorney General Opinion (OAG 4-99) states the Examining Board may not require applicants of reciprocal certificates to pass an examination covering state law in the absence of a statutory requirement. Following that opinion the Board sought and obtained the statutory requirement for those applying by reciprocity to pass an examination on the state laws, however, no statutory change was made for those applying for an initial credential. The Board is removing the requirement for an examination on state law in order to not continue enforcing a requirement or threshold not contained in statute. Section 5 clarifies the board determines the passing score on examinations to determine competence and may adopt the recommended passing score of the examination provider.
Section 6 repeals the provision that if the examination on state laws was taken by a holder of a one of the social worker credentials in the last 5 years and is applying for a different credential, the person does not need to retake the test. This provision is unnecessary with the repeal of the requirement relating to the examination on state law.
Sections 7 and 8 provide for an applicant who fails an examination may request a review pursuant to the policies of the examination provider. The rest of the provisions are repealed as being obsolete due to the review not being conducted by the board or department.
Section 9 repeals the obsolete provision relating to claims of examination error as the test is a national examination and not a board written examination.
Sections 10 and 11 repeals the credential renewal procedure and creates clarity to a renewal and reinstatement process.
Renewal within 5 years requires an application, fee, including applicable late fee, and certification of completion of required continuing education.
Renewal after 5 years requires an application, fee, late fee and evidence of either an active credential in good standing in another state or completion within the preceding 2 years of 60 hours of approved continuing education, including 8 hours of professional ethics and boundaries.
