CR 23-034 Rule Text

STATE OF WISCONSIN

MARRIAGE AND FAMILY THERAPY, PROFESSIONAL

COUNSELING, AND SOCIAL WORK EXAMINING BOARD

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IN THE MATTER OF RULE-MAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   MARRIAGE AND FAMILY THERAPY,

MARRIAGE AND FAMILY THERAPY,   :   PROFESSIONAL COUNSELING, AND

PROFESSIONAL COUNSELING, AND   :   SOCIAL WORK EXAMINING BOARD

SOCIAL WORK EXAMINING BOARD   : ADOPTING RULES

            : (CLEARINGHOUSE RULE 23-034)

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ORDER

An order of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to repeal MPSW 1.09 (2); and to amend MPSW 1.09 (4) (d); relating to substance use disorder practice for Advanced Practice Social Workers and Independent Social Workers.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Sections 457.03 (1), and 457.02 (5) and (5m).

Statutory authority:

Sections 15.08 (5) (b), 440.88 (3m), 457.02 (5m). and 457.03 (1), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats. provides that each board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains.

Section 440.88 (3m), Stats., states that certification as a substance abuse counselor, clinical supervisor, and prevention specialist “does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), an independent social worker, as defined in s. 457.01 (2g), an advanced practice social worker, as defined in s. 457.01 (1c), a psychologist licensed under s. 455.04 (1) or (2), a marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her credential.”

Section 457.02 (5m), Stats., states that MPSW 1 does not “[a]uthorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) to treat substance use disorder as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board.”

Section 457.03 (1), Stats. provides the board with authority to promulgate rules establishing minimum standards for educational programs and supervised clinical training that must be completed to obtain licensure as a professional counselor.

Related statute or rule:

Ch. SPS 160 and s. 440.88, Stats.

Plain language analysis:

2021 Wisconsin Act 222 authorizes individuals certified as independent social workers and advanced practice social workers to treat substance use disorder without having to apply for a specialty and satisfy additional educational and supervised training requirements.

This rule project repeals the subsection in chapter MPSW 1, which requires advanced practice social workers and independent social workers to apply for a substance use disorder specialty. The project also amends who can supervise social workers licensees or social worker certificate holders if they are pursuing a substance use disorder specialty.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:

The Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board held a preliminary hearing on the statement of scope for this rule at its October 18, 2022, meeting. No comments were received.

Comparison with rules in adjacent states:

Illinois: 

Illinois does not have requirements for a social worker to obtain specified education or training to specialize in substance use disorder treatment.