STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
(CLEARINGHOUSE RULE )
An order of the Department of Safety and Professional Services to repeal SPS 160.02 (9) and (10), 160.02 (14), (16) an (22), 160.02 (29), 163.01 and 163.02 (2) and (3); to renumber and amend SPS 163.02 (1); to amend ch SPS 160 (title), SPS 160.02 (6), 160.02 (28), 164.01 (2) (j), (k), and (x) and ch. SPS 165 (title); to repeal and recreate ch. SPS 161, ch. SPS 162, ch. SPS 165, ch. SPS 166 and ch. 168; and to create SPS 160.015, 160.02 (2m), 160.02 (3) (g) and (h), 160.02 (3m), 160.02 (11m) and (13m), 160.02 (24m) and 164.01 (2) (fm) and (y) relating to substance abuse counselors, clinical supervisors and prevention specialists.
Analysis prepared by the Department of Safety and Professional Services.
Statutes interpreted: s. 440.88, stats.
Explanation of agency authority:
The department shall promulgate rules that establish the following: minimum standards and qualifications for the certification for substance abuse counselors, clinical supervisors and prevention specialists; minimum number of hours of continuing education required for renewal of certification and the topic areas that the continuing education must cover; the criteria for the approval of continuing education programs and courses required for renewal of certification of substance abuse counselors, clinical supervisors and prevention specialists; the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses; and minimum standards for the practice of substance abuse counseling, supervision, and prevention.
Plain language analysis:
Section 1 amends the title to include applicability as well as definitions.
Section 2 creates a section clarifying the title protection for substance abuse counselor, clinical supervisor, and prevention specialist. It specifies that Chapters SPS 160 to 168 do not apply to a physician, clinical social worker, psychologist or person credentialed under ch. 457 with the specialty authorization under s. MPSW 1.09 as well mental health providers practicing within the scope of their credential preparing a patient for treatment by referral until the referral is completed and the ability to continue treatment with the no-substance use disorder issues of the patient. Section 3 adds a definition for “assessment training”. The definition was previously located in s. SPS 166.01 (1). Assessment training is education on the process of collecting data as a basis for making decisions regarding a diagnosis and treatment or referral.
Section 4 adds marriage and family therapy and professional counseling to recognized behavior science fields.
Section 5 adds a definition for “case management”. The definition was previously located in s. SPS 166.01 (2). Case management is education on administrative, clinical, and evaluative activities included in the process of patient treatment goals and working with the patient and others and other services, agencies and resources to achieve the treatment goals.
Section 6 revises the last sentence to indicate the primary purpose of “clinical supervision” is to ensure quality patient care.
Section 7 repeals the definitions of “comprehensive program” and “core functions” due to the terms no longer being used in the code.
Section 8 adds the definitions for “counseling” and “education”. The definition for “counseling” was previously located in s. SPS 166.01 (3) and “education” was previously located in s. SPS 166.01 (4). Counseling is education which includes theories, principles and techniques of counseling to help patients reach treatment goals. Education is education about teaching others on risks of substance use, the process of dependence and available resources for prevention, treatment and recovery.
Section 9 repeals the definitions of “GED”, “HSED” and prevention domains due to the terms no longer being used in the code.
Section 10 adds the definition for “professional responsibility”. The definition was previously located in s. SPS 166.01 (5). Professional responsibility is education which address standards of conduct and professional behavior.
Section 11 deletes the terms “substance dependence” and “substance abuse” due to those being obsolete DSM terms. It adds the term “substance use disorder” because that is the diagnosis term in the DSM.
Section 12 repeals the definition for “transdisciplinary foundations” due to the term no longer being use in the code.