CR 24-097 Rule Text

SOCIAL WORK EXAMINING BOARD : ADOPTING RULES

          :   (CLEARINGHOUSE RULE 24-097)

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ORDER

An order of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to repeal MPSW 19.03 (1) (a) 5. and 9.; and to create MPSW 19.03 (1) (a) 16., relating to continuing education.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Sections 457.03 (3) and 457.22 (1) (a) to (c), Stats.

Statutory authority:

Sections 15.08 (5) (b), 227.11 (2) (a), 457.03 (3), and 457.22 (1) (a) to (c), 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 227.11 (2) (a), Stats. provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.”

Section 457.03 (3), Stats. provides that provides the marriage and family therapy, professional counseling, and social work examining board upon the advice of the social worker section shall “promulgate rules establishing levels of social work practice for individuals with master’s or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under s. 457.08 (2) and (3), and establishing appropriate educational, training, experience, examination, and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.”

Section 457.22 (1) (a) to (c), Stats., provides the marriage and family therapy, professional counseling, and social work examining board upon the advice of the social worker section, marriage and family therapist section, and the professional counselor section may promulgate rules “to complete continuing education programs or courses of study in order to qualify for renewal.”

Related statute or rule:

None.

Plain language analysis:

The Board has reviewed chapter MPSW 19 in order to update the list of providers of continuing education and has made the following changes to MPSW 19.03 (1) (a):

1 1. Repealed MPSW 19.03 (1) (a) 5. because upon research the board could not find that organization to be currently offering continuing education courses.

2 2. Repealed MPSW 19.03 (1) (a) 9. because it is a duplicate of MPSW 19.03 (1) (a) 6.

3 3. Created MPSW 19.03 (1) (a) 16. to include the Wisconsin School Social Workers Association.

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 January 29, 2024 meeting. No comments were received.

Comparison with rules in adjacent states:

Illinois: 

Illinois recognizes the following continuing education sponsors and programs for social workers:

1 1. The National Association of Social Workers (NASW) and its affiliates;

2 2. The Association of Social Work Boards (ASWB) and its affiliates;

3 3. American Association for Marriage and Family Therapy or its affiliates;

4 4. Employers licensed under the Hospital Licensing Act;

5 5. Professional Counseling Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act;

6 6. Clinical Psychologist Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of the Clinical Psychologist Licensing Act;

7 7. Licensed Marriage and Family Therapy Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of the Illinois Marriage and Family Therapy Licensing Act;

8 8. Any other regionally accredited school, college or university, community college or State agency that provides CE in a form and manner consistent with this Section; or

9 9. Any other person, firm, association, corporation or other group that has been approved and authorized by the Division upon recommendation of the Board to coordinate and present continuing education courses or programs.

[68 Ill. Adm. Code 1470.95]

The following continuing education sponsors and programs for professional counselors:

1 1. National Board for Certified Counselors or its affiliates;

2 2. American Counseling Association or its affiliates;

3 3. Commission on Rehabilitation Counselor or its affiliates;

4 4. American Association for Marriage and Family Therapy or its affiliates;

5 5. Employee Assistance Professional Association (EAPA) and Employee Assistance Society of North America (EASNA) or its affiliates;

6 6. Social Work Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of Clinical Social Work and Social Work Practice Act;

7 7. American Psychological Association or its affiliates;

8 8. Illinois Counseling Association or its affiliates;

9 9. Illinois Mental Health Counselors Association or its affiliates;

10 10. American Medical Association or its affiliates;

11 11. Marriage and Family Therapy Continuing Education Sponsors approved by the Division in accordance with the Marriage and Family Therapy Licensing Act;

12 12. Clinical Psychologist Continuing Education Sponsors approved by the Division in accordance with the Clinical Psychologist Licensing Act;

13 13. Accredited colleges, universities, State agencies; and

14 14. Any other person, firm, or association that has been approved and authorized by the Division to coordinate and present continuing education courses.

[68 Ill. Adm. Code 1375.220]

Illinois lists the American Association for Marriage and Familty Therapy and any other person, firm, association, corporation, or group that has been approved and authorized by the Division upon recommendation of the Board to coordinate and present continuing education courses and programs for marriage and family therapists [68 Ill. Admin. Code 1283.110]

Iowa: 

Iowa lists ASWB Approved Continuing Education program and the NASW Continuing Education Unit Approval program as organizations that sponsor or approve continuing education programs. [481 IAC 896.3 (2)]

Iowa does not list organizations that sponsor or approved for continuing education programs of marriage and family therapists and professional counselors [481 IAC 892.3]

Michigan: 

Michigan recognizes the following continuing education sponsors and programs for social workers:

1 1. The ASWB.

2 2. The National Association of Social Workers (NASW).