Plain language analysis
This proposed rule seeks to modernize Wis. Admin Code Ch.
Med 10 Unprofessional Conduct by overhauling the current version of the rules, adding language that specifically addresses new topic areas, delete outdated language of some provisions and augment others.
SECTION 1. amends the title of the authority provision.
SECTION 2. amends the rule by adopting an statement of intent that provides guidance on how the rules should be interpreted.
SECTION 3. repeals and recreates the definitions section adding several new terms.
SECTION 4. This section repeals the current definitions of unprofessional conduct.
SECTION 5. creates a new section defining unprofessional conduct.
Summary of, and comparison with, existing or proposed federal regulation
There is no comparative existing or proposed federal rule.
Comparison with rules in adjacent states
The following comparisons are the result of various internet searches:
Illinois: The grounds for administering disciplinary actions against physicians in Illinois are set forth in
225 ILCS 60/ 22 (2012).PART 1285.200-1285.275 MEDICAL PRACTICE ACT OF 1987: Sections Listing The processes for administering the disciplinary proceedings are stated in the Illinois Code of Regulation Title 68: Professions and Occupations Chapter VII: Department of Financial and Professional Regulation Subchapter B: Professions and Occupations
http://www.ilga.gov/commission/jcar/ admincode/068/06801285sections.html.
Iowa: Grounds for disciplining health care professionals in Iowa are codified in Iowa Code §
147.55 and through the Iowa Administrative Code 653-23.1(272C).
http://www.legis. state.ia.us/aspx/ACODocs/DOCS/4-21-2010.653.23.pdf
Michigan: The grounds for disciplinary action against health care professionals in Michigan are codified in the Public Health Code, Public Act 368 of 1978 (2010 PA 101, MCL 333.16221.
http://www.legislature.mi.gov/ (S(j4bg0h454voc1545vsgjncnx))/documents/mcl/pdf/mcl-333-16221.pdf.
Summary of factual data and analytical methodologies:
The Medical Examining Board approved a work group which was convened to gather information and consider unprofessional conduct rules from different states. The work group, over a series of board meetings, presented the full Medical Examining Board recommended language. The recommend language drafted by the work group was then considered by the full board. The work group also sought out input from stakeholders such as the Wisconsin Medical Society (WMS) and the Wisconsin Hospital Association (WHA). The full board compared and contrasted the work group language with language from WHA and WMS as well as recommended language from the Federation of State Medical Boards (FSMB). This collaboration resulted in a comprehensive review of the rules in their entirety. The board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The department finds that this rule will have no effect on small business as small business is defined in s.
227.114 (1), Stats.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Initial Regulatory Flexibility Analysis or Summary
The department finds that this rule will have no effect on small business as small business is defined in s.
227.114 (1), Stats.
Agency Contact Person
Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at
Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
Wis. Admin. Code ch. Med 10
|
3. Subject
|
Unprofessional Conduct
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The policy problem addressed by the proposed rule is removing outdated material from the current Wis. Admin Code s. Med 10. The current rules have not been reviewed in several years. The Board took this opportunity to modernize the rules by making significant changes to the content and form of the rule. Subsections were removed which made reference to outdated terminology. Content was added when it provided greater clarity to a principle that was already reflected in the rule.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
This proposed rule was posted on the Department of Safety and Professional Services website and on the Wisconsin government website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing business local governmental units or individuals contacted the department about the proposed rule.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
None.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The primary benefit of implementing the rule is it will provide health care practitioners greater guidance on standards of professional conduct within their profession. The changes should also create more effective enforcement of violations of unprofessional conduct.
|
14. Long Range Implications of Implementing the Rule
|
The long range implications of implementing the rule includes impacting the conduct of individual practitioners so as to raise the level of awareness of ethical practice within the medical profession resulting in greater compliance with ethical standards.
|
15. Compare With Approaches Being Used by Federal Government
|
There are no comparable approaches being used by the Federal Government.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois: The grounds for administering disciplinary actions against physicians in Illinois are set forth in 225 ILCS 60/ 22 (2012). The processes for administering the disciplinary proceedings are stated in the Illinois Code of Regulation Title 68: Professions and Occupations Chapter VII: Department of Financial and Professional Regulation Subchapter B: Professions and Occupations PART 1285.200-1285.275 MEDICAL PRACTICE ACT OF 1987: Sections Listing
Iowa: Grounds for disciplining health care professionals in Iowa are codified in Iowa Code § 147.55 and through the Iowa Administrative Code 653-23.1(272C). http://www.legis.state.ia.us/aspx/ACODocs/DOCS/4-21-2010.653.23.pdf
Michigan: The grounds for disciplinary action against health care professionals in Michigan are codified in the Public Health Code, Public Act 368 of 1978 (2010 PA 101, MCL 333.16221. http://www.legislature.mi.gov/(S(j4bg0h454voc1545vsgjncnx))/documents/mcl/pdf/mcl-333-16221.pdf
Minnesota: The grounds for administering disciplinary action against physicians in Minnesota are stated in Minn. Stat. §147.091. https://www.revisor.mn.gov/data/revisor/statute/2009/147/2009-147.091.pdf
|
17. Contact Name
|
18. Contact Phone Number
|
|
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services—
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b) and
457.03 (1), Wis. Stats., and interpreting ss.
457.12,
457.13,
457.14,
457.15,
457.16, and
457.22, Wis. 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 repeal and recreate ss.
MPSW 10.01(6) and
MPSW 14.01 relating to education.
Hearing Information
Date: Tuesday, February 26, 2013
Time: 1:00 p.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
Appearances at the Hearing
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 the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Sharon.Henes@wisconsin.gov. Comments must be received at or before the public hearing to be held on February 26, 2013 at 1:00 p.m. to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Sharon.Henes@wisconsin.gov.
Analysis prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. The examining board shall promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure.
Related statute or rule
Plain language analysis
Section 1 repeals and recreates a definition of supervision. Supervision is a means of transmitting skills, knowledge, and attitudes. Supervision allows for monitoring the quality of services offered by the supervisee to enhance the quality of skills and services provided by the counselor-in-training. It provides structure for monitoring the professional services provided by the counselor-in-training.
Section 2 repeals and recreates s.
MPSW 14.01 relating to the criteria necessary for an academic program to be equivalent to a master's degree in professional counseling or rehabilitation counseling. Currently at least 42 credit hours are required and this rule would increase the number of hours required in the program to be comparable to the majority of states, including our neighboring states.
The course work is to be in a field closely related to professional counseling or rehabilitation counseling. The course work must total at least 48 semester hours or 72 quarter hours of academic credit including the following:
• 3 semester hours or 4 quarter hours of a supervised practicum with minimum of 100 hours of practicum experience including at least 40 hours of face-to-face client contact.
• 6 semester hours or 4 quarter hours in a supervised internship of a minimum of 600 hours of internship experience including at least 240 hours of face-to-face client contact.
• 3 semester hours or 4 quarter hours in counseling theory or counseling approaches course which includes a variety of theoretical models .
• 3 semester hours or 4 quarter hours in each of the following topic areas:
• Human growth and development
• Social and cultural foundations
• The helping relationship
• Group dynamics processing and counseling
• Lifestyle and career development
• Appraisal of individuals
• Research and evaluation
• Professional counseling orientation
• 6 semester or 8 quarter hours in one of the following:
• If the academic program's emphasis is in mental health, course(s) addressing the roles and functions of a mental health counseling.
• If the academic program's emphasis is in rehabilitation counseling, course(s) addressing medical, functional, and environmental aspects of disability, rehabilitation services, case management and related services.
• As part of the above curriculum, the program shall contain a basic understanding of addiction and how to assess and intervene with individuals, groups and families who exhibit suicide ideation, psychological and emotional crisis or trauma. These are not required to be stand alone courses.
These new requirements are in line with the standards of the Council for Accreditation of Counseling and Related Educational Programs (CACREP) and the Council on Rehabilitation Education (CORE).
Section 3. An effective date of September 1, 2016 will provide the time necessary for the education programs to make adjustments in their course offerings and curriculum. In addition, it will provide notice to the students pursuing their master's degrees of the new requirements.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: Illinois requires a master's or doctoral degree with a minimum of 48 semester hours or 72 quarter hours with a minimum of 3 semester hours in each of the following areas: Human growth and development; Counseling theory; Counseling techniques; Group dynamics, processing and counseling; Appraisal of individuals; Research and evaluation; Professional, legal and ethical responsibilities relating to professional counseling; Social and cultural foundations; Lifestyle and career development; Practicum/internship; Psychopathology and maladaptive behavior; Substance abuse; and Family dynamics. The program shall include a one year residence defined as 24 semester hours. All master's degrees and doctoral programs in professional counseling or rehabilitation counseling that are accredited by CACREP, CORE and doctoral programs in psychology approved by the American Psychological Association and the Council for the National Registry of health Service Providers are approved programs.
Iowa: Iowa requires a master's degree with a minimum of 60 credit hours or equivalent quarter hours or a doctoral degree in counseling with emphasis in mental health counseling from a mental health counseling program accredited by CACREP. Graduates from non-CACREP accredited mental health counseling programs shall provide an equivalency evaluation of their educational credentials by the Center for Credentialing and Education, Inc.
Michigan: Michigan requires a master's degree of not less than 48 semester hours or 72 quarter hours, including a 600 clock hour internship, in a program which meets CACREP standards.
Minnesota: Minnesota requires a master's or doctoral degree of not less than 48 semester hours or 72 quarter hours and a supervised field experience of not fewer than 700 hours that is counseling in nature. The degree program must be from a counseling program recognized by CACREP or from an institution of higher education that is accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation. Specific academic course content must include the following subject areas: The helping relationship, including counseling theory and practice; Human growth and development; Lifestyle and career development; Group dynamics, processes, counseling and consulting; Assessment and appraisal; Social and cultural foundations, including multicultural issues; Principles of etiology, treatment planning, and prevention of mental and emotional disorders and dysfunctional behavior; Family counseling and therapy; Research and evaluation; and Professional counseling orientation and ethics.
Summary of factual data and analytical methodologies
The Professional Counselors Section of the Marriage & Family Therapy, Professional Counseling and Social Work Examining Board reviewed the standards of the Council for Accreditation of Counseling and Related Educational Programs (CACREP) and the Council on Rehabilitation Education (CORE), researched the requirements of other states and convened a task force of educators in the areas of mental health counseling and rehabilitation counseling.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This rule addresses criteria for determining whether a program is equivalent to a master's degree in professional counseling and will not have an effect on small business. The requirements in the proposed rule are comparable to our neighboring states.
This rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
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
Greg.Gasper@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
