The examining board shall upon the advice of the…marriage and family therapist 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 …marriage and family therapist under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards. [457.03 (1), Stats.]
Related statute or rule: n/a
Plain language analysis:
Section 1 creates a definition for face-to-face to allow for electronic communication.
Section 2 repeals and recreates the licensure requirements. An applicant is required to file an application with fee, provide evidence of a degree in professional counseling or equivalent, evidence of completion of 3,000 supervised hours, pass a national exam and not have an arrest or conviction record related to professional counseling.
Section 3 repeals the section on approved examinations due to the list of examinations is now incorporated in the licensure requirements.
Section 4 repeals and recreates temporary licenses to clarify the requirements and allow for one renewal of the temporary license to bring into compliance with statutes.
Sections 5, 6, and 7 clarifies reciprocal license, removes an incorrect citations and brings the provision into statutory compliance.
Section 8 repeals and recreates the supervised practice requirement. An applicant is required to complete a supervised practice requirement while holding a training license. Supervision in another state will be recognized for obtaining a license in Wisconsin.
Section 9 repeals and recreates the section relating to the supervised practice. The supervisor must be one of the following: an individual licensed as professional counselor with a doctorate degree; an individual licensed as a professional counselor who has engaged in the practice of professional counseling for 5 years; a psychiatrist; a psychologist; a person employed by the division of vocational rehabilitation as a vocational rehabilitation supervisor who is licensed a professional counselor or engaged in the equivalent of 5 years of professional counseling; or an individual who is approved in advance by the section based upon evidence of 5 years of experience in counseling practice. Supervisor responsibilities include: face-to-face supervision at a frequency and duration as determined by the supervisor but averages out to one hour per week; permit the supervisee to engage only in professional counseling services the supervisor can competently perform; be available for emergency consultation or intervention; be legally and ethically responsible for the supervised activities of the supervisee; be able to interrupt or stop the supervisee from practicing in given cases; and to terminate the supervised relationship. Group supervision may occur in groups no more than 6 persons for every 1 person providing supervision and each person receives credit for one hour for each hour the group meets for supervision.
Section 10 repeals the pre-licensure supervised practice outcome requirement and limitations on group supervision as it is addressed under Section 9.
Section 11 repeals and recreates the academic program equivalent to a doctorate in professional counseling. The doctoral program shall consist of the following: a minimum of 4 academic years of graduate level preparation with a minimum of 96 semester credits; a supervised doctoral level practicum of a minimum of 100 hours in counseling, of which 40 must be in direct service with clients; an internship that totals a minimum of 600 hours; and the practicum and internship require weekly individual or triadic supervision.
Section 12 repeals MPSW 14.04 which is no longer necessary due to CR 13-117 creating MPSW 19 which went into effect on March 1, 2015. 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. [225 ILCS 107; Title 68, Chapter VII, Subchapter b, Part 1375]
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. [Chapter 31, Iowa Code] 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. [R 338.1751 – 338.1757]
Minnesota: Minnesota applicants are required to complete 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. [Minn. Stats. 148B.50; Minnesota Rules 2150.0050 – 2150.7610]
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. In determining the 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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1 MPSW 10.01 (2) is created 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 s. 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 professional counselor section and is equivalent to a degree from a program approved under pars. (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 s. 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. Any supervised practice outside of the doctorate degree program shall be done while holding a valid professional counselor training license.
(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 professional counselor 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), Stats. (c) Submitted an application to take the next available examination under s. MPSW 11.01(4).
