Bed and breakfast establishments (or bed and breakfast inns under NAICS industry code 721191) are reported by the 2002 Economic Census as including 81 establishments with annual sales of $16,171,000; an average of $199,642 per establishment. Based on a cost of $200 for an inspection, the estimated annual minimum aggregate cost to bed and breakfast establishments under the rule is $16,200, or .1% of annual sales per establishment. Annual costs for individual establishments may vary depending on a number of factors including number of fuel burning appliances to be inspected, the inspector's travel time, and the region of the state.
While the DHS has attempted to provide information on the approximate costs to businesses regulated under ch.
DHS 195 and
197, the cost imposed upon all these businesses is difficult to determine. As noted above, the 2002 Economic Census does not include all the establishments DHS regulates under DHS chs.
195 and
197. Moreover, DHS does not have any data on the number of hotels, motels, tourist rooming houses, and bed and breakfast establishments that have not installed carbon monoxide detectors or the number of sealed combustion appliances for which inspections would be required.
It may be less costly in the long-run, and safer, for an establishment to install and carbon monoxide detectors as specified under s.
101.149 (2) and
(3), Stats. Carbon monoxide is known as a “senseless killer," because it is a colorless, odorless gas that can cause sudden poisoning, which is often difficult to diagnose since the symptoms (shortness of breath, nausea, headaches, and dizziness
) frequently mimic illnesses such as food poisoning or the flu. According to the Environmental Protection Agency, hundreds of people die from accidental carbon monoxide poisoning each year, and a majority of these deaths are caused by malfunctioning or improperly used fuel-burning appliances. The best way to avoid carbon monoxide poisoning is through prevention techniques. A battery operated and plug in type of carbon monoxide detector costs on average $20 - $50. Carbon monoxide detectors, which generally have warranties that are good for at least 5 years, are a cost effective way to protect the safety of individuals in hotels, motels, tourist rooming houses and bed and breakfast establishments.
CHART — DETAILING THE COSTS
Cost to Lodging Establishment for Inspections of Sealed
Combustion Units
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Average cost for an inspection of a sealed combustion unit is $150-$200, not including transportation. Costs may vary due to the number of units that may need inspection and the region of the state.
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Cost to Lodging Establishment to Install Carbon Monoxide Alarms
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Retail price of a single Kidde battery only carbon monoxide alarm (Kidde mdl#21006672) is $19.97. The cost of a single AC/DC Kidde carbon monoxide alarm (Kidde mdl#21006927) is $29.97.
The cost of a single Plug-in digital carbon monoxide alarm complete with a 9-volt backup (Kidde mdl#KN-COPP-3) is $49.87. The average warranty for a battery-operated or plug-in detector is 5 years. Batteries would need to be replaced every 6 months to one year.
Retail price for a single hard-wired (120 volt) carbon monoxide alarm with a 9-volt battery backup (Kidde Mdl#21006406) is $29.97. Installation and wiring would cost about $200, or more depending upon the number of detectors and retrofitting. A single hard-wired (120 volt) 3-pin wire plug adapter (FA CO5120BN) costs $30.00, and installation and wiring would cost $500 or more depending upon the numbers of detectors and retrofitting. Prices at wholesale and competing brands may be lower. First Alert manufactures the “OneLink" wireless Carbon Monoxide/smoke Alarm system. In this
system, one alarm activates a series of carbon monoxide/smoke detectors (up to 18 detectors). Each alarm (SC0501CN-3ST) costs $90. The cost of installation by an electrical contractor could range from $500-$2,000 depending on the size and design of the building, the number of sleeping rooms and floors, and the location and number of fuel burning appliances.
Another type of device is a combined carbon monoxide and smoke alarm with an A/C voice alert and a 9-volt battery. The cost of a single combination detector (Kidde mdl#KN-COSM-IB) is $48.96.
Prices at wholesale may be lower. Prices may vary among competing brands. DHS is not endorsing any particular brand of carbon monoxide detectors.
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Small Business Regulatory Coordinator
Rosie Greer
Phone: 608-266-1279
Fiscal Estimate
Summary
The proposed rules require the Department to regularly conduct inspections of lodging establishments to ensure compliance with s.
101.149 (2) and
(3), Stats. Inspections are not required if facilities install and maintain carbon monoxide detectors under s.
101.149 (2) and
(3), Stats. The inspections are also not required if the sealed combustion units are under manufacturer's warranty against defects. Costs to the Department under the proposed rules would include the cost to prepare, review and solicit bids for HVAC Qualifiers, individuals qualified to conduct inspections of fuel burning appliances, vents, and chimneys. DHS will add the inspection of lodging establishments for compliance with these rules as part of its regular inspection program. The costs of this additional workload can be absorbed by the Department.
The proposed rules do not include responsibilities for facilities different from those under s.
101.149, Stats., except to require lodging establishments with fuel burning appliances that are constructed before October 1, 2008, to arrange for annual professional inspections of the establishment's fuel burning appliances, vents and chimneys. If an establishment is determined not to have had the required inspection, the Department will order the establishment to conduct an inspection within 30 days of the order. If the inspection does not occur within 30 days then DHS will arrange for the inspection by an agent qualified to conduct the inspection. The costs of the DHS-ordered agent inspection would be paid by the facility. The costs to an establishment for an annual inspection conducted by a HVAC qualifier would be at the approximate minimum cost range of $150 - $200, not including transportation and would be dependent on the number of units needing inspection.
Establishments constructed after October 1, 2008, would not be affected by the rules because under Comm 62.1200 hotels, motels, and tourist rooming houses, and under s.
Comm 21.097, bed and breakfast establishments constructed on or after October 1, 2008, where fuel burning appliances are installed must, without exception, install and maintain interconnected hard-wired carbon monoxide detectors that have battery secondary power supplies.
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
Indeterminate. Increase costs — may be possible to absorb within agency's budget.
Local government fiscal effect
None.
Private sector fiscal effect
Indeterminate. Increase costs — will not have significant economic impact on a substantial number of small businesses.
Long-range fiscal implications
None known.
Agency Contact Person
James Kaplanek
Bureau of Environmental and Occupational Health
Phone: 608-261-8361
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority in ss.
15.08 (5) (b),
227.11 (2) and
457.033, Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise section
MPSW 1.11, relating to psychometric testing.
Hearing Information
Date: April 13, 2010
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@wisconsin.gov. Written comments must be received by
April 16, 2010, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board and the Psychology Examining Board are authorized to jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter is qualified to perform.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board, in collaboration with the Psychology Examining Board, amends s.
MPSW 1.11 regarding psychometric testing. Psychometric testing is currently defined and authorized under s.
457.033, Stats., as a measurement tool for assessing psychological characteristics, such as intelligence, aptitude, and emotional disturbance, in which a sample of an examinee's behavior is obtained and evaluated and scored using a standardized process. Two examples of fairly well known psychometric tests are the Minnesota Multiphasic Personality Inventory (MMPI) and the Rorschach Ink Blot test.
Under ch.
457, Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board and the Psychology Examining Board are required to jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under ch.
457, Stats., is qualified to perform. The statute also directs that the resulting administrative rules are to be consistent with guidelines of the American Psychological Association or other nationally recognized guidelines. Both examining boards have collaborated in this rule-making process to develop the proposed rule amendments.
The examining boards found that the existing rules do not adequately delineate between what is considered psychometric testing and instruments used by mental health therapists in initial evaluations or evaluating progress in therapy. In addition, the board found that the existing rule was overly restrictive in determining who may provide training in the use of psychometric tests and the requirements for licensed mental health therapists to obtain permission as to what tests (including in what settings and with which populations) they may use. Accordingly, the amended rules will clarify the following: 1) the definition of psychometric testing; 2) who may use psychometric tests and other testing instruments; and 3) who may supervise individuals that use psychometric tests.
SECTION 1 of the proposed rule amends the definition of psychometric testing with language which clarifies that the testing is a procedure for measuring not only psychological features but for measuring the “behavioral and interpersonal characteristics" of an examinee who is subjected to the testing. SECTION 1 strikes out a portion of the current rule regarding which test instruments do not constitute psychometric testing and restates and reinserts that language into SECTION 2.
SECTION 2 of the proposed rule creates additional language to clarify that psychometric testing does not apply to those test instruments which are solely used to screen for problems, assist in treatment planning, clarify treatment goals, plan intervention or monitor progress in treatment. This additional area of non-applicability is stated in newly created s.
MPSW 1.11 (1) (a). SECTION 2 also reinserts the original language from SECTION 1 regarding those test instruments which do not constitute psychometric testing.
SECTION 3 of the proposed rule adds language to clarify the qualification of an individual who is deemed to be an appropriate user of psychometric testing. Specifically, this section clarifies that the user must have requisite knowledge, skills and abilities, training and experience.
SECTION 4 of the proposed rule creates new language which describes the requisite functions which the appropriate user must be able to perform in order to use psychometric tests.
SECTION 5 of the proposed rule states who may use psychometric testing. This section specifies licensed psychologists, persons acting under the supervision of a licensed psychologist, and licensees of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board (licensed marriage and family therapists, licensed professional counselors and licensed clinical social workers) who meet the requirements of current s.
MPSW 1.11 (3) (a) and
(b) and those licensees acting under their supervision. This latter provision creates a new category of persons who may use psychometric testing provided that they are licensed by the board and supervised by licensees who meet the qualifications in s.
MPSW 1.11 (3) (a) and
(b).
SECTION 6 of the proposed rule repeals the current restriction in s.
MPSW 1.11 (3) to conform to the changes in the proposed s.
MPSW 1.11 (2m). The proposed rule further amends the existing rule to require that the training must be from a regionally accredited program. SECTION 6 of the proposed rule amends s.
MPSW 1.11 (3) (b) to require compliance with the requirements for use of psychometric tests in the amended provisions of s.
MPSW 1.11 (2). This change will insure that the licensee who is deemed qualified to perform testing has the ability to independently select, administer, score and interpret the tests as well as to use the test results in the appropriate cultural context, the examinee's life and the purpose for which it is given. A licensee may engage in psychometric testing only if the appropriate section of the board has received and approved the information demonstrating the licensee's generic and specific qualifications to perform psychometric testing.
SECTION 6 of the proposed rule also changes the method of proof required to verify that a person is qualified to perform psychometric testing by replacing the affidavit requirement with an official declaration from a professional qualified to supervise psychometric testing. The repeal of the current provisions and replacement with the amended language will facilitate the board's ability to make informed decisions based upon full and accurate information provided in a non-overly restrictive format. The affidavit form required under the existing rule has been found to be cumbersome for providers due to the legal requirement that the document be notarized. However, those persons who have been previously qualified based upon submission of an affidavit under the existing rule would not be required to comply with the new requirement of submitting an official declaration; this would in effect be a “grandparenting" provision for those who were previously deemed qualified. The amended language will also clarify what information is required of the professional who is verifying the abilities of the person seeking to perform testing. As result of the rule modifications, it is anticipated that use of an official declaration which contains the required information will facilitate the board's determination of who is qualified to perform psychometric testing and will better serve the public interests.
SECTION 7 repeals the current restriction that only licensed psychologists may supervise persons performing psychometric testing. This change is consistent with the intent of the rule-making to expand the category of licensees who are qualified to perform psychometric testing.
SECTION 8 amends s.
MPSW 1.11 (5) to clarify that the psychometric testing instrument may not be used for assessment purposes except by those who meet the graduate level training requirements and who have the demonstrated ability to perform the testing competently appropriate to the practice setting and area of practice. The proposed language also restricts the use of the testing for screening or referral purposes.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states
Illinois:
Marriage and Family Therapy: There are no statutory limitations on marriage and family therapists for provision of psychometric testing. The only exception being that ethical practice requires marriage and family therapists to limit their practice to the areas in which they are competent.
Under Illinois administrative code governing the practice of marriage and family therapists, s. 1283.100 Professional Conduct:
a) A therapist must not perform, nor pretend to be able to perform, professional services beyond his/her scope of practice…
Psychology: State law includes definitions of psychological testing as well as neurophysiological testing as part of the definition of clinical psychology; however appears only to restrict the provision of “clinical psychological services" to licensed psychologists. Clinical psychological services refers to any services listed under the definition of the practice of psychology, and only if the terms “psychological," “psychologic," or “psychology" are attached to the service. By extension, psychological testing would be prohibited however, psychometric testing would not.
Under Illinois statutes s. 225 ILCS 15, Clinical Psychologist Practice Act (5) “Clinical psychology" means the independent evaluation, classification and treatment of mental, emotional, behavioral or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, the psychological aspects of physical illness. The practice of clinical psychology includes psychoeducational evaluation, therapy, remediation and consultation, the use of psychological and neuropsychological testing, assessment, psychotherapy, psychoanalysis, hypnosis, biofeedback, and behavioral modification when any of these are used for the purpose of preventing or eliminating psychopathology, or for the amelioration of psychological disorders of individuals or groups. “Clinical psychology" does not include the use of hypnosis by unlicensed persons pursuant to Section 3.
(6) A person represents himself to be a “clinical psychologist" within the meaning of this Act when he or she holds himself out to the public by any title or description of services incorporating the words “psychological," “psychologic," “psychologist," “psychology," or “clinical psychologist" or under such title or description offers to render or renders clinical psychological services as defined in paragraph (7) of this Section to individuals, corporations, or the public for remuneration.
(7) “Clinical psychological services" refers to any services under paragraph (5) of this Section if the words “psychological," “psychologic," “psychologist," “psychology" or “clinical psychologist" are used to describe such services by the person or organization offering to render or rendering them.
Professional Counselors: There are no statutory limitations on professional counselors for provision of psychometric testing. The only exception being that ethical practice requires professional counselors to limit their practice to the areas in which they are competent.
Under Illinois administrative code governing professional counselors:
s. 1375.225 Unprofessional Conduct:
“Different tests demand different levels of competence for administration, scoring and interpretation. Members must have the appropriate education and training for each specific test and recognize the limits of their competence and perform only those functions for which they are prepared. In particular, members using computer-based test interpretations must be trained in the concept being measured and the specific instrument being used prior to using this type of computer application."
(emphasis added)
Iowa:
Psychology: Testing may be part of the definition of practice of psychology (from IA Stats. s.154B.1 Definitions) “Practice of psychology" means…
Application of Principles includes… measuring and testing personality, intelligence, aptitudes, public opinion, attitudes, and skills…but there is no explicit mention.
The Iowa Psychology Practice/Title restrictions restrict the use of “psychology, psychological" to licensed psychologists, but the restrictions do not appear to restrict psychometric testing. They would clearly restrict the offering of “psychological testing." Iowa appears to give broad authority to mental health licensees (identified as marriage and family therapists, counselors and social workers) to act within the bounds of their credential under the scope of practice.
(s. 154 B.4 Acts Prohibited and 154 B.5 Scope of Chapter)
Michigan:
Psychology: As per contact with the Michigan Board of Psychology, psychological testing is a part of psychology practice act. In other words, Michigan law limits psychological testing to psychologists.
Furthermore, according to the Board Chair of Michigan, Dane Ver Morris, the State attorney's general's office has advised the LPC Board that psychological testing falls outside the scope of the statutory definition of counseling. Thus, the Board is precluded from proposing administrative rules that would allow test administration.
Under Michigan statute s.
333.18201 Definitions; principles of construction:
(b) “Practice of psychology" means the rendering to individuals, groups, organizations, or the public of services involving the application of principles, methods, and procedures of understanding, predicting, and influencing behavior for the purposes of the diagnosis, assessment related to diagnosis, prevention, amelioration, or treatment of mental or emotional disorders, disabilities or behavioral adjustment problems by means of psychotherapy, counseling, behavior modification, hypnosis, biofeedback techniques, psychological tests, or other verbal or behavioral means… (emphasis added)
Counseling: Michigan law governing counselors specifically excludes the practice of psychology from that of the practice of counselors; therefore, psychological testing is excluded from counselor practice.
Under Michigan Statute s.
333.18101 Definitions.
(i) Evaluation and appraisal techniques. As used in this subparagraph, “appraisal techniques" means selecting, administering, scoring, and interpreting instruments and procedures designed to assess an individual's aptitudes, interests, attitudes, abilities, achievements, and personal characteristics for development purposes and not for psychodiagnostic purposes.
(d) “Practice of counseling" or “counseling" means the rendering to individuals, groups, families, organizations, or the general public a service involving the application of clinical counseling principles, methods, or procedures for the purpose of achieving social, personal, career, and emotional development and with the goal of promoting and enhancing healthy self actualizing and satisfying lifestyles whether the services are rendered in an educational, business, health, private practice, or human services setting. The practice of counseling does not include the practice of psychology except for those preventive techniques, counseling techniques, or behavior modification techniques for which the licensed professional counselor or limited licensed counselor has been specifically trained… (Emphasis added)
