There is no statutory requirement for applicants for a social worker (unless the applicant holds a social worker training certificate), advanced practice social worker, independent social worker and clinical social worker credentials to pass an examination on the state laws. An Attorney General Opinion (OAG 4-99) states the Examining Board may not require applicants for reciprocal certificates to pass an examination covering state law in the absence of a statutory requirement. Following OAG 4-99, the Board sought and obtained the statutory requirement for those applying by reciprocity to pass an examination on the state laws. However, there is no statutory requirement for those who are applying for an initial credential. This proposed rule would remove the state laws examination requirement for those applying for a social worker, advanced practice social worker, independent social worker or clinical social worker credential due to the absence of a statutory requirement.
The alternative to removing this requirement is inconsistency between the statute and rule and maintaining a rule which implements a requirement that is not explicitly required or permitted by statute.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
S. 15.08 (5) (b), Stats. Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. S. 457.03, Stats. The examining board shall upon the advice of the social worker section…promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker…and approve educational programs and supervised clinical training programs in accordance with those standards. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
50 hours
6. List with description of all entities that may be affected by the proposed rule:
Applicants for social worker, advanced practice social worker, independent worker and clinical social worker credentials.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
None to minimal. It is not likely to have a significant economic impact on small business.
Contact Person: Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
