Scope Statements
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Revises Chapter
MPSW 20 to define the failure to have a grievance procedure and the failure of a supervising credential holder to report adverse or disciplinary action related to professional practice as unprofessional conduct. The code of conduct will include the following provisions:
1. Failure of a credential holder to notify a client in writing of a procedure to resolve a grievance is unprofessional conduct.
2. Failure of a supervising credential holder to file a report with the board after terminating, suspending or restricting a credential holder as a result of adverse or disciplinary action related to professional practice is unprofessional conduct. Failure to file a report when a credential holder terminates employment before action is taken also constitutes unprofessional conduct.
Objective of the Rule
Revises Chapter
MPSW 20 which defines unprofessional conduct. The new amendment will define the failure to have a grievance procedure and the failure of a supervising credential holder to report adverse or disciplinary action related to professional practice as unprofessional conduct. Defining the failure to comply with ss.
457.04 (8) and
457.25, Stats., as unprofessional conduct will likely increase statutory compliance.
Policy Analysis
Under s.
457.04 (8), Stats., marriage and family therapists, professional counselors and clinical social workers must notify their clients in writing of the procedures to follow to resolve a grievance.
Under s.
457.25, Stats., any health care agency, institution, state or local professional society, person or entity that terminates, suspends or restricts the employment or contract of a license holder as a result of adverse or disciplinary action in the practice of the profession shall submit a written report of the action to the board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the credential holder terminates employment.
The board would like to raise awareness of these statutory provisions by defining the failure to report and failure to have a grievance resolution procedure as unprofessional conduct under the code of conduct.
Continuing education classes and the code of conduct are required as a condition of renewal. Thus, license holders will become aware of their obligations under the code of conduct when they renew their license each biennium. In this way, license holders will review what constitutes unprofessional conduct at least on a biennial basis. By incorporating the specific statutory provisions into the code of conduct, license holders are more likely to be aware of their legal obligations and to conduct themselves accordingly.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Marriage and family counselors, professional counselors and social workers (credential holders).
Estimate of Time Needed to Develop the Rule
Approximately 120 hours.
Medical Examining Board
Subject
Revises Chapter
Med 10, relating to unprofessional conduct.
Objective of the Rule
Recent changes to the statutory definition of unprofessional conduct prompted the Medical Examining Board to review ch.
Med 10 in a move to modernize the regulatory language and ensure that current standards of care are reflected in the rules.
Policy Analysis
The revisions will be based on a review of the model rules set forth by the Federation of State Medical Boards (FSMB), laws and regulations in other states and the Medical Examining Board's own review of improvements necessary to enforce the protection of public health and safety.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Medical Examining Board and all of its affiliated boards, licensed professionals including doctors and physician assistants, applicants, health care consumers, and employers of licensed health care professionals.
Estimate of Time Needed to Develop the Rule
It is estimated that 300 hours will be needed to promulgate the rule.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
DNR # FR-38-10
Subject
Revises Chapter
NR 45 relating to the use of golf carts on the Peshtigo River State Forest and Governor Thompson State Park.
Objective of the Rule
Section
27.01 (16), Wis. Stats., created under
2009 Wisconsin Act 54, requires the Department to promulgate a rule that specifies when and where golf carts are allowed on the Peshtigo River State Forest and Governor Thompson State Park.
Policy Analysis
Golf carts fall under the definition of a motor vehicle s.
340.01 (35), Wis. Stats. Golf carts are not allowed on “public roads" including DNR managed roads and parking lots.
Before DNR took ownership of the lands now consisting of the Peshtigo River State Forest and Governor Thompson State Park, golf cart use was occurring illegally at Wisconsin Public Service boat landings and Town roads leading to the boat landings. Section
27.01 (16), Wis. Stats., directs the Department to allow the use of golf carts to approximately the same times and locations as golf carts were used prior to the Departments purchase of the lands from Wisconsin Public Service.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the issue of golf cart use on public roadways.
Entities Affected by the Rule
Local Unit of Governments, primarily the Town of Stephenson and Marinette County; Local businesses, primarily service industries; Year round and seasonal homeowners; Wisconsin Public Service (landowner), Department of Natural Resources.
Estimate of Time Needed to Develop the Rule
The Department estimates that approximately 180 hours of staff time will be needed to develop the new rule. This time includes meeting with local stakeholders and collecting public input, drafting the rule, taking the rule to public hearing, preparing for meetings with the Natural Resource Board, Legislative review and rule adoption.
Agency Contact
Jim Warren, Bureau of Forest Management
Wisconsin Dept. of Natural Resources
