• Provide the opportunity to develop supervision competency;
• Be legally and ethically responsible for the supervisee’s activities;
• Be available for consultation and intervention; and
• Be able to terminate the supervised relationship.
Section 16 repeals the employment restrictions due lack of statutory authority for this section.
Section 17 amends the rule to allow a substance abuse counselor-in-training to provide counseling services if authorized and documented by the clinical supervisor.
Section 18 removes the obsolete provisions relating to substance abuse counselor-in-training that transferred from a previous credential issued by the Wisconsin Certification Board, Inc.
Section 19 updates unprofessional conduct provisions. It is unprofessional conduct to discriminate in practice on the basis of gender identity. It is unprofessional conduct to reveal information about a patient’s identity or condition unless authorized by the patient or required by law. The reporting requirement is amended to remove the word “institutional”. New unprofessional conduct provisions are created to prohibit allowing students or supervisees to perform services that they are not educated or trained in and prohibiting supervisors from disclosing supervisee confidences.
Section 21 and 22 repeal and recreate the chapter on renewal and reinstatement of a credential. A credential can be renewed within 5 years by paying a renewal fee and certifying the completion of continuing education.
A credential renewed after 5 years requires practicing in another state or 60 hours of continuing education, including 6 hours in ethics and 6 hours of psychopharmacology.
A credential may be reinstated by completing any outstanding disciplinary requirements and providing evidence of rehabilitation or change in circumstances warranting reinstatement.
Section 23 repeals and recreates the education approval chapter.
An application to become an approved program requires:
• An outline of each course;
• An allocation of hours for each course; and
• Evidence the instructors meet qualifications.
Approvals remain in effect for 5 years.
Approved programs must provide certification of completions or transcripts to those who complete the program and retain student records for 7 years after the student completes the program.
The department accepts prevention specialist education from all of the following organizations:
• An accredited college or university.
• Wisconsin Association of Alcohol and Drug Abuse (WAAODA).
• National Association of Alcohol and Drug Abuse Counselors (NAADAC).
• Wisconsin Clearinghouse for Prevention Resources.
• Federal Center for Substance Abuse Prevention.
• National Center for the Application of Prevention Technologies or their regional centers.
• United States department of health and human services, its agencies, institutes, administrations and centers.
• White House Office of National Drug Control Policy (ONDCP).
• Wisconsin department of health services.
• Wisconsin department of public instruction.
Section 24 repeals and recreates the continuing education chapter.
A substance abuse counselor or prevention specialist are required to complete 30 hours of continuing education, including 4 hours in ethics every 2 years. A credential holder who also holds an active credential under ch. 457, Stats. may meet these requirements with the education required for the other credential. Clinical supervisors are required to complete 4 hours of supervisory continuing education every 2 years.
Continuing education is not required at the first renewal of a credential.
The department accepts continuing education from all of the following organizations:
• National Association of Alcohol and Drug Abuse Counseling (NAADAC) or affiliated divisions.
IC & RC.
• American Association for Marriage and Family Therapy or affiliated divisions.
• Wisconsin Association for Marriage and Family Therapy.
• National Rehabilitation Counseling Association.
• American Rehabilitation Counseling Association.
• Wisconsin Rehabilitation Counseling Association.
• National Board for Certified Counselors.
• Commission on Rehabilitation Counselor Certification.
• Association of Social Work Boards
• National Association of Social Workers or affiliated chapters.
• Association of Baccalaureate Program Directors.
• Council on Social Work Education.
The department also accepts programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education and Committee for the Approval of Continuing Education Sponsors of the American Psychological Association. In addition, college courses and employee sponsored inservice trainings are accepted.
Continuing education can also be received for the following:
• Presenter of continuing education;
• Developer of professional material; and
• Authorship of published textbook, professional resource book or professional journal article.
The department may grant continuing education postponement or waivers based upon prolonged illness, disability or extreme hardship.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois does not credential substance abuse counselors, clinical supervisors or prevention specialists. There is a private, non-profit organization (Illinois Certification Board, Inc) that provides certifications for these professions.
Iowa: Iowa does not credential substance abuse counselors, clinical supervisors or prevention specialists. There is a private, non-profit organization (Iowa Board of Certification) that provides certifications for these professions.
Michigan: Michigan does not credential substance abuse counselors, clinical supervisors or prevention specialists. There is a private, non-profit organization (Michigan Certification Board for Addiction Professionals) that provides certifications for these professions.
Minnesota: Licensed alcohol and drug counselor requirements are: a bachelor’s degree from an accredited school or educational program; 18 semester credits (or 270 clock hours of academic course work; 880 hours of supervised alcohol and drug counseling practice from an accredited school or education program; and pass the IC & RC Alcohol and Other Drug Abuse Counselor exam. Instead of the IC & RC exam an applicant may pass an approved written exam and either compete 2,000 hours of postdegree supervised practice or a written case presentation and oral exam. A license may be issued to a holder of a license in another state if the credentialing requirements in the other state are substantially similar. Supervised postdegree professional practice requires a supervisor who is: a licensed alcohol and drug counselor or other qualified professional as determined by the board; has 3 years of experience; and has received a minimum of 12 hours of training in clinical and ethical supervision. The supervision is at a rate of one hours of supervision per 40 hours of professional practice and at least 75% of the supervision hours must be received in person and at least 50% on an individual basis. All licenses must complete 40 hours of continuing education activities every 2 years. Continuing education activities include: conferences, workshops, panel discussions, seminars, symposia, college or university course, home study; teaching courses; and presenting continuing education. Minnesota also licenses alcohol and drug counselor technicians. Minnesota does not credential other alcohol and drug counselor levels, clinical supervisor or prevention specialist.
Summary of factual data and analytical methodologies:
The Department of Safety and Professional Services convened a substance abuse certification review committee to review current rules and make recommendations. The Department also considered the directive in Executive Order #228 to revise the clinical hour requirements for counselors to ensure adequate training is balanced with appropriate workforce access.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is 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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435.
