CR 16-009 Rule Text

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Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Illinois applicants must obtain a master’s or doctoral degree in counseling, psychology or rehabilitation counseling, pass a national exam, 2 years of full time supervised experience (1680 hours in no less than 48 weeks equals 1 year). Doctoral degrees must be accredited by the Council for Accreditation of Counseling and Related Educational Programs or the Council on Rehabilitation Education. A qualified supervisor is a person who is a licensed clinical professional counselor, licensed clinical social worker, licensed clinical psychologist or psychiatrist. The supervisor is required to meet with the applicant at least one hour per week. Live face to face supervision does not include mail, email, telefax or phone. Group supervision may occur with one supervisor per 5 supervisees.

Iowa: Iowa applicants are required to complete a mental health counseling program accredited by the Council on Accreditation of Counseling and Related Educational Programs, pass a national examination and complete 3,000 hours of mental health counseling including 1,500 hours of direct client contact and 200 hours of clinical supervision. A minimum of 25% of all clinical supervision must be in person. Electronic supervision is permitted if the first two meeting are face-to-face and in person and the system utilized is a confidential, interactive, secure, real-time system that provides for visual and audio interaction between the licensee and the supervisor. A temporary license is required for the purpose of fulfilling the postgraduate supervised clinical experience requirement and is valid for three years and may be renewed at the discretion of the board. A person who holds a license in another state may obtain licensure by endorsement provided the licensure requirements are similar to those required in Iowa.

Michigan: Michigan applicants are required to have a master’s or doctoral degree in counseling or student personnel work in a program approved by the board, pass a national test and engage in 3,000 hours in not less than a 2 year period with not less than 100 hours of regularly scheduled supervision. Supervised hours are required to be accrued while holding a limited license. An applicant applying by endorsement who has engaged in the practice of counseling for a minimum of 5 years is deemed to meet requirements and an applicant applying by endorsement who has engaged in less than 5 years is required to meet the requirements for licensure by examination. Approved supervisors are individuals who were providing supervision on or before January 1, 2013 and have at least 3 years of experience in counseling or individuals who acquired at least 3 years of practice in counseling and have competed required training in the function of counseling supervision.

Minnesota: Minnesota applicants are required to compete a master’s or doctoral degree program in counseling or a related field, pass a national test and complete 4,000 hours of supervised practice. The supervision shall be done by a board approved supervisor who has at least two years of post licensure experience in the delivery of clinical services. The supervision is to be obtained at the rate of 2 hours of supervision per 40 hours of professional practice. At least 75% of the supervision must be received in person and the remaining 25% by telephone or audio or audiovisual electronic device. A person who holds a license in another state may obtain licensure by reciprocity provided the licensure requirements are similar to those required in Minnesota.

Summary of factual data and analytical methodologies:

The Professional Counselor Section reviewed the rules for statutory compliance and to update and clarify to current standards. Determination of standards for doctoral degree equivalency requirements the Professional Counselor Section reviewed the Council on Accreditation of Counseling and Related Educational Programs standards.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rule was posted for economic impact comments and none were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis are attached.

Effect on small business:

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 [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing at 9:00 a.m. on February 15, 2016 to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1 MPSW 10.01 (2) is amended to read:

MPSW 10.01 (2) “Face-to-face” means in person or real time video conferencing where all parties can communicate by simultaneous two-way video and audio transmissions.

Section 2. MPSW 11.01 is repealed and recreated to read:

MPSW 11.01 Application for licensure as a professional counselor. An applicant for a professional counselor license shall submit all of the following:

(1) An application with the required fee under s. 440.05(1), Stats.

(2) A certificate of professional education, signed and sealed by the chancellor, dean or registrar of the school from which the applicant has graduated with one of the following approved degrees:

(a) A master’s or doctoral degree in professional counseling.

(b) A degree from a program which is accredited by the Commission for Accreditation of Counseling and Related Educational Programs (CACREP) or the Council on Rehabilitation Education (CORE) at the time the applicant graduated.

(c) A program which is equivalent to a master’s or doctoral degree in professional counseling by meeting the requirements in MPSW 14.01 or 14.02.

(d) A degree awarded by a foreign institution of higher learning which has been evaluated by an organization approved by the section and is equivalent to a degree from a program approved under par. (a) to (c). If the applicant’s education was not received in English, the applicant must demonstrate proficiency in English on an approved test of English as a foreign language.

(3) Verification the applicant has completed one of the following:

(a) After receiving a master’s degree in professional counseling or its equivalent, engaged in the equivalent of at least 3,000 hours of professional counseling practice, including at least 1,000 hours of face-to-face client contact, while holding a valid professional counselor training license and supervised by a person qualified to supervise under MPSW 12.02.

(b) Either during or after the doctorate degree program in professional counseling or its equivalent, engaged in the equivalent of at least 1,000 hours of full-time professional counseling practice supervised by a person qualified to supervise under MPSW 12.02.

(4) Verification of a passing score on one of the following:

(a) National Counselor Examination (NCE).

(b) National Clinical Mental Health Counseling Examination (NCMHCE).

(c) Certified Rehabilitation Counselor (CRC) examination.

(d) Another examination approved by the section.

(5) If the applicant has an arrest or conviction record, documentation necessary for the section to determine whether the circumstances substantially relate to professional counseling, subject to ss. 111.321, 111.322 and 111.335, Stats.

Section 3. MPSW 11.02 is repealed.

Section 4. MPSW 11.035 is repealed and recreated to read:

MPSW 11.035 Temporary license. (1) The professional counselor section may issue a temporary license to practice professional counseling to an individual who does all of the following:

(a) Submits application and pays the fee specified in s. 440.05(6).

(b) Satisfies the requirements under subs. MPSW 11.01(2) and (3).

(c) Submitted an application to take the next available examination under subs. MPSW 11.01(4).

(2) A temporary license is valid for a period not to exceed 9 months and may be renewed once.

Section 5. MPSW 11.04 (intro) is amended to read:

MPSW 11.04 Reciprocal license. The professional counselor section shall grant a license as a professional counselor under s. 457.12 to an applicant who pays the fee required by s. 440.05(2), Stats. and provides evidence of all of the following to the section:

(1) The applicant has a current credential as a professional counselor or the substantial equivalent in good standing in another state or territory of the United States.

Section 6. MPSW 11.04 (2) is amended to read:

MPSW 11.04 (2) The requirements for the grant of obtaining the credential in the other state or territory of the United States are substantially equivalent to the requirements for the grant of a license under s. 457.12.

Section 7. MPSW 11.04 (3), (4) and (5) are repealed and recreated to read:

(3) Does not have a license, registration or certificate revoke, suspended, limited or subject to any other discipline in any other jurisdiction warranting denial.

(4) Does not have an arrest or conviction record which substantially relate to the practice of professional counseling, subject to ss. 111.321, 111.322 and 111.335, Stats.

(4) A passing score on the Wisconsin statutes and rules examination.