Rule-Making Notices (Hearing Notices)

Related statute or rule

Section 457.02 (5m), Stats.

Plain language analysis

Current Department administrative rules require an individual seeking substance abuse counselor certification to attend a comprehensive program that has been pre-approved by the Department. The proposed rule modifies the comprehensive program approval requirements to allow for competency-based flexible option programs. Competency-based flexible option programs address workforce shortage issues by providing an academically rigorous but less time-consuming avenue for obtaining the substance abuse counselor education requirements that is appealing to working adults.

Specifically, the current rule limits the number of education hours in a comprehensive program that may be obtained through internet based coursework. Since the initial promulgation of these rules, significant technological advancements in internet-based coursework have made it essentially comparable to in-person coursework. The proposed rule eliminates the limitation on internet based coursework.

The current rule also requires an individual seeking approval of a comprehensive program to submit specific allocations of classroom hours toward each required content area for each course. In the proposed rule, an individual seeking approval of a program that is based on core competencies may allocate classroom hours toward each content area for each core competency.

Lastly, the proposed rule updates incorrect references to other code and statutes.

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

None

Comparison with rules in adjacent states

Illinois: All professional staff providing clinical services at organizations licensed to provide alcoholism and substance abuse treatment and intervention by the Department of Human Services must hold clinical certification as a Certified Alcohol and Drug Counselor from the Illinois Alcoholism and Other Drug Abuse Professional Certification Organization (IAODAPCA) or be a licensed professional counselor, licensed clinical professional counselor, a licensed physician, a licensed psychologist, or a licensed social worker or clinical social worker. All professional staff providing only clinical assessments, DUI evaluations or designated program intervention services shall meet one of the qualifications for staff providing clinical services or hold assessor certification as a Certified Assessment and Referral Specialist (CARS) from IAODAPCA. All staff providing DUI risk education services shall meet one of the qualifications for staff providing clinical services or hold Alcohol and Other Drug Abuse (AODA) certification from IAODAPCA. (77 Ill. Adm. Code 2060.309 Professional Staff Qualifications)

IAODAPCA does not pre-approve education courses for initial application. Acceptable sources of education include: college courses, seminars, conferences, in-services, and lectures (IAODAPCA AODA Counselor Model, page 8). IAODAPCA does not restrict online course credit hours.

Iowa: Iowa Administrative Rules do not require the certification of substance abuse professionals.

Michigan: Michigan Administrative Rules do not require the certification of substance abuse professionals.

Minnesota: All individuals who use the title alcohol and drug counselor and all individuals who provide alcohol and drug counseling services to clients who reside in Minnesota must be licensed as an alcohol and drug counselor by the Minnesota Board of Behavioral Health and Therapy. Education requirements for licensure include: a bachelor's degree from an accredited school or educational program, 18 semester credits or 270 clock hours of academic course work, and 80 clock hours of supervised alcohol and drug counseling practicum from an accredited school or education program. The course work and practicum do not have to be part of the bachelor's degree. The statutes further specify the specific topic areas of the course work. Examination requirements for licensure include passing the IC&RC AODA written examination (or an equivalent exam as determined by the Board) or passing a written exam as determined by the board and one of the following: (1) Completing a written case presentation and passing an oral examination, or (2) Completing 2,000 hours of post-degree supervised professional practice. (Minnesota Statutes 148F.025)

An accredited school or educational program is defined as “a school of alcohol and drug counseling, university, college, or other postsecondary education program that, at the time the student completes the program, is accredited by a regional accrediting association whose standards are substantially equivalent to those of the North Central Association of Colleges and Postsecondary Education Institutions or an accrediting association that evaluates schools of alcohol and drug counseling for inclusion of the education, practicum, and core function standards in this chapter." (Minnesota Statutes 148F.01 subd. 3.)

Summary of factual data and analytical methodologies

The data and methodology for developing these rule revisions consisted primarily of comparing current requirements for the approval of substance abuse counselor comprehensive programs with the structure of competency-based, flexible option programs. Adjacent states' rules were also reviewed.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The 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 below.

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 [e-mail], or by calling [phone].

Agency Contact Person

Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
SPS 160, 166
3. Subject
Substance Abuse Professionals
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165(1)(g)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X 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
Current Department administrative rules require that an individual seeking substance abuse counselor certification attend a comprehensive program that has been pre-approved by the Department. The proposed rule modifies the comprehensive program approval requirements to allow for competency-based flexible option programs. Competency-based flexible option programs address workforce shortage issues by providing an academically rigorous but less time-consuming avenue for obtaining the substance abuse counselor education requirements that is appealing to working adults.
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 rule was posted for 14 days for economic impact comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None. This rule does not affect local government units.
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)
This rule will not have an economic or fiscal impact on businesses, business sectors, public utility rate payers, local government units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Competency-based flexible option programs address workforce shortage issues by providing an academically rigorous but less time-consuming avenue for obtaining the substance abuse counselor education requirements that is appealing to working adults. The alternative to implementing the rule would be to continue with the rules as currently written. These rules inhibit the approval of competency-based flexible option programs.
14. Long Range Implications of Implementing the Rule
In the long run, implementing this rule could allow more individuals to receive certification as substance abuse counselors meeting the state's growing demand for these professionals. As more individuals receive adequate treatment for substance abuse, Wisconsin could see a decrease in substance abuse rates.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
In Illinois, all professional staff providing clinical services at organizations licensed to provide alcoholism and substance abuse treatment and intervention by the Department of Human Services must hold clinical certification as a Certified Alcohol and Drug Counselor from the Illinois Alcoholism and Other Drug Abuse Professional Certification Organization (IAODAPCA) or be a licensed professional counselor, licensed clinical professional counselor, a licensed physician, a licensed psychologist, or a licensed social worker or clinical social worker.. (77 Ill. Adm. Code 2060.309 Professional Staff Qualifications) IAODAPCA does not pre-approve education courses for initial application. Acceptable sources of education include: college courses, seminars, conferences, in-services, and lectures (IAODAPCA AODA Counselor Model, page 8). IAODAPCA does not restrict online course credit hours. In Minnesota, all individuals who use the title alcohol and drug counselor and all individuals who provide alcohol and drug counseling services to clients who reside in Minnesota must be licensed as an alcohol and drug counselor by the Minnesota Board of Behavioral Health and Therapy. Education requirements for licensure include: a bachelor's degree from an accredited school or educational program, 18 semester credits or 270 clock hours of academic course work, and 80 clock hours of supervised alcohol and drug counseling practicum from an accredited school or education program. The course work and practicum do not have to be part of the bachelor's degree. (Minnesota Statutes 148F.025) An accredited school or educational program is defined as “a school of alcohol and drug counseling, university, college, or other postsecondary education program that, at the time the student completes the program, is accredited by a regional accrediting association whose standards are substantially equivalent to those of the North Central Association of Colleges and Postsecondary Education Institutions or an accrediting association that evaluates schools of alcohol and drug counseling for inclusion of the education, practicum, and core function standards in this chapter." (Minnesota Statutes 148F.01 subd. 3.) Iowa's and Michigan's statutes and administrative rules do not require the certification of substance abuse professionals.
17. Contact Name				18. Contact Phone Number
Kathleen Paff				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Safety and Professional Services

General Part II, 326—360

rulemaking_notices CR 14-060 CR 14-060

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by ss. 101.055 (3) and 227.11 (2) (a) of the Wisconsin Statutes, and by interpreting s. 101.055 (3) of the Statutes, the Department will hold a public hearing at the time and place shown below to consider the proposed order below for Chapter SPS 332, relating to public-employee safety and health standards.

Hearing Information

Date:   Monday, December 1, 2014
Time:   1:00 p.m.
Location:   1400 East Washington Avenue
  Room 121B
  Enter at 55 North Dickinson Street
  Madison, WI

Appearance at the Hearing and Copies of the Rule

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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to [e-mail] or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.

The proposed rulemaking order and rules and an analysis of the rules follow. Copies of the proposed rules are also available upon request to the Rules Coordinator shown above, or on the Department's website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e, through links to ch. SPS 332: Public Employee Safety and Health.

Place Where Comments are to be Submitted and Deadline For Submission

Comments may be submitted to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366 or by e-mail at [e-mail]. Comments must be received on or before December 1, 2014, to be included in the record of rulemaking proceedings.

Proposed Order

An order of the Department of Safety and Professional Services to repeal SPS 332.06, 332.11 (2), 332.16 (3) and (4), 332.22 (1) (b) and (2) (a), 332.26 (1), 332.28 (1) and (2), 332.32 (2), 332.35, 332.36, 332.38 (1) and (2), 332.39, and 332.50 (1) and Table 332.50-2; to renumber SPS 332.01 (8) (a) to (e), 332.205, 332.22 (1) (a) and (2) (b), and 332.32 (1); to renumber and amend SPS 332.01 (8) (intro.), 332.10, 332.11 (1), 332.22 (2) (intro.), 332.23 (intro.) and (1), 332.25 (intro.) and (1), 332.26 (intro.), 332.28 (intro.) and (3), 332.30 (intro.) and (1), 332.32 (intro.), 332.37 (intro.) and (1), 332.38 (intro.) and (3), 332.40, and 332.50 (2) and Table 332.50-1; to amend SPS 332.003 (1); 332.05 (1) (intro.) and (a); 332.16 (14) and (16); 332.29 (intro.), (1), and (2); 332.33 (intro.); and 332.34 (intro.) and (2); to repeal and recreate SPS 332.002, 332.003 (2), 332.01 (1) and (5) to (7), 332.05 (2) to (4), 332.21, and 332.24; and to create SPS 332.003 (3), 332.01 (8) and (9), and 332.205 (3), relating to public-employee safety and health standards.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 101.055 (3), Stats.

Statutory authority

Sections 101.055 (3) and 227.11 (2) (a), Stats.

Explanation of agency authority

Section 101.055 (3) of the Statutes requires the Department to adopt, by rule, standards to protect the safety and health of public employees. The standards must provide protection that is at least equal to the protection which is provided to private-sector employees under standards promulgated by the federal Occupational Safety and Health Administration (OSHA) and must be revised as necessary to maintain that equivalent protection.

Section 227.11 (2) (a), Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rules are considered necessary to effectuate the purpose of the statute.

Related statute or rule

Section 101.02 (15) (j) of the Statutes requires the Department to promulgate rules for constructing, altering, adding to, repairing, and maintaining safe public buildings and places of employment. Under this authority, the Department has promulgated chs. SPS 361 to 366, which establish statewide, uniform requirements for design, construction, maintenance, and repair of public buildings and places of employment, and ch. SPS 314, which establishes statewide minimum requirements for preventing unwanted fires in public buildings and places of employment.

Chapter SPS 330 contains Wisconsin's statewide safety and health requirements for public-sector fire department employees. That chapter applies to those employees in addition to the requirements in ch. SPS 332.

Plain language analysis

These proposed changes to chapter SPS 332 would primarily incorporate the July 1, 2010, editions of the following OSHA standards as replacements to the currently incorporated July 1, 2003, editions of these standards:

•   Title 29 of the Code of Federal Regulations, Part 1904 – Recording and Reporting Occupational Injuries and Illnesses.

•   29 CFR 1910 — Occupational Safety and Health Standards.

•   29 CFR 1915 — Occupational Safety and Health Standards for Shipyard Employment.

•   29 CFR 1917 — Occupational Safety and Health Standards for Marine Terminals.

•   29 CFR 1926 — Occupational Safety and Health Regulations for Construction.

•   29 CFR 1928 — Occupational Safety and Health Standards for Agriculture.

These 2010 OSHA editions contain numerous revisions to the 2003 editions. Many of these revisions simply improve clarity and consistency; correct errors; update cross-references to other industry standards; and add new cross-references to other contemporary industry standards. Other revisions that are more substantive include (1) establishing the employer's responsibilities to provide personal protective equipment and training; (2) considerably reducing the permissible exposure limit for hexavalent-chromium compounds, from 0.5 to 0.005 mg/m3; (3) changing the repeat-exposure monitoring periods for acrylonitrile, vinyl chloride, 1-2-dipromo-3-chloropropane, and cotton dust; (4) changing the employer's responsibility for exposure-monitoring notification for acrylonitrile, vinyl chloride, 1-2-dipromo-3-chloropropane, coke-oven emissions, and cotton dust; (5) lengthening the cycle for updating the compliance program for inorganic arsenic, vinyl chloride, 1-2-dipromo-3-chloropropane, and coke-oven emissions; (6) lengthening the minimum timeframe for medical examinations for vinyl chloride and coke-oven emissions; (7) replacing general fire-prevention provisions for shipyards with comprehensive fire-protection provisions; and (8) reinstating roll-over protective-structure provisions from 1996 for tractors used in agricultural operations.

These proposed rule changes would also clarify and update the chapter's scope, application, definitions, inspection criteria, and incorporation-of-standards provisions and would update the Department's current modifications of the incorporated OSHA standards. These updates to these modifications include (1) improving the clarity, consistency, format, and organization of these modifications; (2) clarifying which safety vests or other clothing provide adequate visibility protection for roadway workers; (3) clarifying that traffic-control devices for warning traffic and protecting roadway workers are required by other authorities to comply with the Uniform Traffic Devices Manual produced by the American Traffic Safety Services Association; (4) replacing the additional criteria for securing the footing of ladders, with reference to the standards that are available from the American National Standards Institute for construction and use of portable ladders; (5) repealing the ventilation requirements that overlap with the design requirements in Wisconsin's uniform Commercial Building Code; (6) replacing the plan submittal requirements for spray booths with an informational Note that refers to the corresponding building-design requirements in the Commercial Building Code; (7) clarifying the first-aid and resuscitation training that is acceptable for work in confined spaces; (8) repealing the additional criteria for sampling devices and air monitoring, for confined spaces; (9) clarifying which emergency eyewash and shower facilities provide adequate protection for exposure to materials that are corrosive or can cause irreversible eye or body injury; (10) replacing the additional requirements that overlap with the requirements in ch. SPS 314 for separating incompatible materials from each other, with a revised informational Note that refers to ch. SPS 314; (11) no longer replacing the air-contaminant maximums in 29 CFR 1910 with the maximums from the 1992 edition of 29 CFR 1910, and no longer requiring the additional monitoring relating to those 1992 maximums; (12) requiring dump bodies of all vehicles, rather than just on trucks, to have a locking mechanism for preventing accidental lowering of the body while maintenance or inspection work is being done or while the vehicle is left unattended; (13) repealing the additional requirements for providing guarding along the edge of an excavation; and (14) repealing the additional requirements to provide yellow warning lights for nighttime exposure to excavations.

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

In Wisconsin, OSHA applies its above requirements to private-sector employees but not to public-sector employees. The requirements in ch. SPS 332 apply to public-sector employees but not to private-sector employees. Consequently, although the two sets of requirements are nearly but not entirely identical, they do not overlap in where or how they apply.

This update of ch. SPS 332 does not include consideration of any changes to the above OSHA standards that have occurred after July 1, 2010. The Department plans to consider those changes during its next update of this chapter.

Comparison with rules in adjacent states

An Internet-based search of state-level rules for public-employee safety and health standards in the adjacent states yielded the following results:

Illinois: The Illinois Department of Labor mostly adopts the OSHA standards without any modifications, for protecting all public-sector employees in the state, but has a unique standard for recordkeeping. OSHA has approved the Illinois State Plan, as established under section 18 of the federal Occupational Safety and Health Act of 1970, but maintains jurisdiction over all private-sector workplaces, federal agencies, maritime employers (e.g., shipyards, marine terminals, and longshoring), military facilities, Indian-sovereignty workplaces, and the United States Postal Service.

Iowa: The Iowa Division of Labor Services administers the OSHA-approved Iowa State Plan, which applies to all public and private sector workplaces in the state, with the exception of private-sector maritime activities, marine terminals, and longshoring; federal-government-owned and contractor-operated military facilities; bridge construction projects spanning the Mississippi and Missouri Rivers between Iowa and other states; federal government employers and employees; and the United States Postal Service (these fall under OSHA jurisdiction). The State Plan includes the following state-specific standards in addition to the OSHA standards: Sanitation and Shelter Rules for Railroad Employees, Hazardous Chemical Risks Right to Know – General Provisions, Community Right to Know, Public Safety/Emergency Response Right to Know, and Asbestos Removal and Encapsulation.

Michigan: The Michigan Occupational Safety and Health Administration (MIOSHA) administers the OSHA-approved Michigan State Plan, which applies to all places of employment in the state, with the exception of federal-government employees, the United States Postal Service, maritime and mining activities, and domestic employment, which are subject to OSHA jurisdiction. MIOSHA has adopted most of the OSHA standards by reference, but has a unique standard for child labor.

Minnesota: The Minnesota Occupational Safety and Health Administration (MNOSHA) administers the OSHA-approved Minnesota State Plan, which applies to all places of employment in the state, with the exception of federal government employees, the United States Postal Service, and certain agricultural operations (those pertaining to the field sanitation standard and temporary labor camps), which are subject to federal jurisdiction. MNOSHA has adopted most of the OSHA standards by reference, and has the following unique standards: Toxic Chemical Handling and Exposure, Agriculture, Repetitive Motion Injuries, Heat Exposure, and Noise Exposure.

Summary of factual data and analytical methodologies

These proposed rule changes were developed primarily by comparing the July 1, 2003, editions of the six OSHA standards that are currently incorporated into ch. SPS 332 to the July 1, 2010, editions which are proposed to be incorporated in place of the 2003 editions. All of the Department's current modifications of the 2003 editions were then analyzed in comparison to the 2010 editions, and in comparison to current best practices. These comparisons and analyses were then presented to and discussed with the Department's Public Safety Advisory Council, and the Council's resulting recommendations were incorporated into these proposed rule changes. The following organizations and agencies were represented on this Council:

City of Milwaukee

Department of Administrtion, Division of State Facilities

Department of Administrtion, State Risk Management

League of Wisconsin Municipalities

Madison Metropolitan Sewerage District

Municipal Electric Utilities of Wisconsin

University of Wisconsin System

Wisconsin Alliance of Cities

Wisconsin Association of School Boards

Wisconsin Counties Association

Wisconsin Rural Water Association

Wisconsin Towns Association

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

These rule changes would apply only to public-sector employees and their employers, so any economic impacts on small business are expected to only be indirect.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is below.

Effect on Small Business