Rule-Making Notices (Hearing Notices)

N/A

Plain language analysis

Section 1 repeals s. MPSW 1.09 in its entirety.

Section 2 creates the educational and supervised training requirements for a person credentialed by the board to treat alcohol or substance dependency as a specialty.

The first subsection delineates the use of the title and scope of practice. If a person who is credentialed by the board wants to treat alcohol or substance dependency or abuse as a specialty, without being credentialed under s. 440.88, Stats., the person must meet the requirements in this section.

The second subsection recognizes that a credential holder who holds a master's degree would have received education in treatment, therefore, a minimum of 135 contact hours of substance use disorder education is required to supplement that education in four subject matter areas (understanding addiction; knowledge of addiction treatment; application to addiction practice; and professional readiness in addiction treatment). The credential holder would also be required to have 200 hours of supervised face-to-face client treatment. The education could be obtained in the course of earning the master's degree or in the addition of the degree. The 200 hours of supervised training may have been obtained during or separately of the hours required to obtain the underlying credential.

The third subsection provides the requirements for a credential holder who holds a bachelor's degree would not have had the advance education. The requirements include 180 contact hours of substance use disorder education in four subject matter areas (understanding addiction; treatment knowledge; application to practice; and professional readiness) which must include specific content within each subject matter area and 1,000 hours of supervised face-to-face client substance use disorder treatment experience. The education could be obtained in the course of earning of the bachelor's degree or in addition to the degree. The 1,000 hours of supervised training may have been obtained during or separately of the hours required to obtain the underlying credential.

The fourth subsection indicates the qualifications for a person who is supervising the person obtaining the training for the specialty. The following people are qualified, provided they have knowledge in psychopharmacology and addiction treatment: a licensed marriage and family therapist, a licensed professional counselor, a licensed clinical social worker, a licensed psychologist, a licensed physician, a clinical supervisor as defined by s. DHS 75.02 (11) or another individual approved in advance of the training by the board.

The fifth subsection indicates that at least 6 continuing education hours in substance use disorder must be obtained during each biennial credentialing period. This continuing education may be counted toward the continuing education required for the renewal of the underlying credential.

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

None.

Comparison with rules in adjacent states

Illinois: Illinois does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.

Iowa: Iowa does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.

Michigan: Michigan does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.

Minnesota: Minnesota does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.

Summary of factual data and analytical methodologies

The Board considered the requirements for qualifying for a credential under s. 440.88, Stats., Scopes of Practice & Career Ladder for Substance Use Disorder Counseling (September 2011) by Substance Abuse and Mental Health Services Administration and U.S. Department of Health and Human Services and the Technical Assistance Publication Series Addiction Counseling Competencies (March 2008) by Substance Abuse and Mental Health Services Administration.

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

In preparation of the EIA, the rule was posted for economic comments for a period of 14 days and received no comments. The Board determines there is no effect on small business.

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

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, 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
MPSW 1.09 and 1.095
3. Subject
Substance Abuse Specialty
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
The proposed rule clarifies and updates the educational and supervised training requirements for a person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to treat alcohol or substance dependency as a specialty.
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.
The 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 will not affect local governmental 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 and fiscal impact on businesses, business sectors, public utility rate payers, local governmental units and the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit is to clearly delineate the requirements for a person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to treat alcohol or substance dependency as a specialty.
14. Long Range Implications of Implementing the Rule
The long range implication is the requirements are clearer and have been updated to reflect current practices and trends.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Our neighboring states to not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
17. Contact Name				18. Contact Phone Number
Sharon Henes				[phone]

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

Notice of Hearings

Transportation

rulemaking_notices CR 14-061 CR 14-061, EmR1421

NOTICE IS HEREBY GIVEN that, pursuant to ss. 227.17 and 227.24 (4), Stats., the State of Wisconsin Department of Transportation (“WisDOT") will hold a public hearing on EmR1421, an emergency rule and proposed permanent rule that will revise Wis. Admin. Code. ch. Trans 102, relating to operator's licenses and identification cards.

Hearing Information

Date:   Thursday, December 11, 2014
Time:   6:00 to 8:00 p.m.
Location:   Marquette University High School
  Cannon Commons
  3401 W. Wisconsin Avenue
  Milwaukee, WI 53208

If you have special needs or circumstances regarding communication or accessibility at a hearing, please call Jennifer Peters, Administrative Rulemaking Coordinator, at [phone] prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.

Appearances at the Hearing and Written Comments

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their written comments. WisDOT will accept written comments until December 18, 2014 at 4:30 p.m. Written comments may be sent to Patrick Fernan, Administrator, WisDOT Division of Motor Vehicles, 4802 Sheboygan Avenue, Room 225, Madison, Wisconsin 53705, [e-mail].

Copies of the Rule

You may receive a paper copy of the rules or fiscal estimate by contacting Jennifer Peters, Administrative Rulemaking Coordinator at WisDOT Office of General Counsel, 4802 Sheboygan Avenue, Room 115B, Madison, Wisconsin 53705, [e-mail]. A copy of the rule is available at http://adminrules.wisconsin.gov. This site allows you to view documents associated with this emergency rule and proposed permanent rule promulgation.

Analysis Prepared by the Department of Transportation

Statutes interpreted

Statutes Interpreted: Sections 343.14, 343.50, Stats.

Statutory authority

Statutory Authority: Sections 85.16 (1), 343.02 (1), 343.14, and 343.50, Stats.

Explanation of statutory authority

Wis. Stat. ss. 343.14 and 343.50(4) specify the contents of applications for identification cards and authorizes the Department to require such information as the Department considers appropriate to identify the applicant.

Wis. Stat. s. 343.50 requires the Department to issue identification cards.

Wis. Stat. s. 343.50 (5) (a) 3. prohibits the Department from charging a fee for an identification card requested by a qualified applicant who requests it free of charge for purposes of voting.

Wis. Stat. s. 343.02 (1) authorizes the Department to promulgate such rules concerning ID cards that the Secretary considers necessary.

Wis. Stat. s. 85.16 (1) authorizes the Secretary of the Department to make rules deemed necessary to the discharge of the powers, duties and functions vested in the department.

Related statutes and rules

Wis. Stat. s. 343.50 requires the Department to issue identification cards.

Section Trans 102.15, Wis. Adm. Code, requires proof of identification for issuance, renewal, reissuance, reinstatement or duplicate driver license or identification card, and specifies the acceptable documentary proof. That section also establishes a petition process under which an applicant may request an exception to the documentary proof requirements for name and date of birth.

Plain language analysis

Background

The Department of Transportation, Division of Motor Vehicles (“DMV") has evaluated the holding in Milwaukee Branch of NAACP v. Walker, 2014 WI 98, 851 N.W. 2d 262, and current statutes and has determined that rulemaking is appropriate to harmonize the two. In that case, the Wisconsin Supreme Court upheld this state's law that requires presentation of specified identification, including identification cards issued by the Department, as a condition of voting (commonly referred to as the “Voter ID law"). The court found that the existing petition process allowed applicants to obtain an identification card required for voting without payment of any fee to a government agency.

This rulemaking is intended to prescribe the manner in which DMV can issue ID cards to individuals requesting them free of charge for voting purposes consistent with the holding in NAACP v. Walker and current statutes. The Department has a petition process that allows identification card applicants to provide secondary proof of name and date of birth in the event a birth certificate is unavailable. But the Department does not currently consider a document that is available upon payment of a fee to a government agency to be “unavailable" for the purpose of using the petition process.

Rule content

This rule considers any document that is required to be submitted as part of an application for an identification card requested without charge for voting purposes to be considered “unavailable" if the applicant does not have the document and cannot obtain the document without payment of a fee to a government agency. In such cases, the Department will request the applicant provide his or her name, date of birth, place of birth and other birth information. The Department will then verify that birth information with the Wisconsin Department of Health Services and, if confirmed, will issue the identification card. If the birth record information or naturalization information cannot be confirmed, the Administrator of DMV may approve secondary documentary proof of name, date of birth and U.S. citizenship.

Section 1 specifies that an identification card issued under the petition process must be readily identifiable as non-compliant with the federal REAL-ID law, similar to the treatment of certain driver's licenses by s. 343.03 (3r), Stats.

Section 2 establishes qualifications for issuance of an identification card without charge for voting purposes, and prohibits the Department from inquiring further about the applicant's qualifications to vote.

Sections 3 and 4 retain the existing definition of “unavailable" documents ordinarily required for issuance of a driver's license or identification card, and creates a definition of “unavailable" that applies only to identification cards issued free of charge for voting purposes consistent with the Wisconsin Supreme Court's decision in NAACP v. Walker, par. 69.

Sections 5 and 6 recognize the petition process under proposed s. Trans 102.15 (5m) creates an exception to the documentary proof requirements that ordinarily apply to identification cards.

Section 7 is amended so that an identification card issued without a birth certificate cannot be used as proof of name and date of birth for a driver's license. The Department believes that without this treatment, unlicensed drivers 17 years of age or older who lack a birth certificate could request an identification card free of charge for voting purposes and immediately exchange it for a driver's license, thereby creating a state burden of birth record verification unrelated to the act of voting.

Section 8 renumbers the existing petition process to a new subsection (5m). The Department intends to retain the existing petition process for driver's licenses and for identification cards that are not requested without charge for purposes of voting.

Section 9 renumbers the authority of the Administrator of the DMV to delegate authority to accept or reject extraordinary proof provided under the petition process, so that delegation will apply to the existing process as well as the petition process to be employed for identification cards requested without charge for voting purposes.

Section 10 creates a title for the petition process.

Section 11 creates the petition process to be employed if an applicant requests an identification card without charge for voting purposes does not have the documentary proof ordinarily required for an identification card. Under the petition process, the applicant must provide information sufficient for the Department of Health Services (DHS) to locate the applicant's birth certificate, in this state or in another state. If DHS can verify the existence of the birth certificate and the birth record information, the Department will issue the identification card relying on that information as proof of name and date of birth. If the DHS cannot verify that information, the Department will notify the applicant that it cannot confirm a birth certificate match for the information supplied by the applicant, and that the Department cannot issue an identification card unless the applicant can provide some other documentary proof of establishing his or her name and date of birth. Similarly, the petition process will verify a naturalized applicant's name and date of birth by verifying federally issued proof of a U.S. citizen's foreign birth, U.S. citizenship and immigration service number, or U.S. citizenship certificate number if those documents are unavailable and can be obtained only upon payment of a fee to a government agency.

Section 12 creates a process of approving name changes without requiring the applicant to provide a document that may be available only upon payment of a fee to a government agency. The Department will verify the birth record information with the names associated with an individual's records maintained by the federal social security administration. In this way, the Department can verify that an application for an identification card in the name of, for example, John Smith is proper if requested by an applicant who proves only that he was born John Doe.

Section 13 creates a judicial right of review of the petition decision made by the Administrator of DMV, similar to that created by s. 343.40, Stats., for driver licensing decisions.

Section 14 corrects a cross-reference to a rule renumbered by this rulemaking.

Section 15 states the effective date of this rule.

Summary of and comparison with existing or proposed federal statutes and regulations

Federal law generally does not regulate the issuance of identification cards by states, however federal law (the “REAL-ID law", P.L. 109-13, section 202 (d) (11)) prohibits the use of state-issued identification cards for purposes of federal identification or any other official federal purpose, such as entering federal buildings or airports, unless the identification card application included federally required documents and the state stored and retained those documents. Federal law requires that identification cards that do not meet those requirements be distinct in appearance from those that do.

There are no federal identification requirements to vote. In general, voting requirements are established by state law.

Comparison with rules in adjacent states

Illinois: Illinois requires applicants for an original identification card or driver's license to provide documentary proof of signature, date of birth, social security number and residency. Documents acceptable to prove date of birth are original: Adoption Records; Birth Certificate; Court Order — Change of Birth Date; Certified Grade/High School/College/University Transcript; U.S. Citizenship and Immigration Services (USCIS) forms; U.S. Visa Military Driver's License — U.S.; Military Identification Card — U.S.; Military Service Record -- DD214; Naturalization Certificate; Passport — Valid with Complete Date of Birth; U.S. Passport Card — Valid with Complete Date of Birth; or Social Security Award Letter (Primary Beneficiary Only). 92 Ill. Adm. Code 1030 App. B.

Illinois issues identification cards for the homeless at no cost. Applicants for a no-fee homeless identification card must provide proof of name, date of birth and social security number ordinarily required, but in lieu of proof of address may submit a `homeless status certification signed by the homeless applicant before a notary public and attested to by a representative of a homeless service agency that receives public funding; an attorney; a public school homeless liaison or school social worker; a human services provider funded by the State of Illinois; a representative of a religious organization that offers services to the homeless. 92 Ill. Adm. Code 1030.12; 92 Ill. Adm. Code 1030 App. B.

Iowa: An applicant for an original driver's license or identification card must provide proof of identity, date of birth, social security number, Iowa residency and current residential address, and lawful status in the United States. IA ADC 761-601.5(321) To establish identity and date of birth, an applicant must submit at least one of the following documents: A valid, unexpired U.S. passport or U.S. passport card; A certified copy of a birth certificate and, if applicable, a certified amended birth certificate showing a change in name, date of birth, or sex, filed with a state office of vital statistics or equivalent agency in the applicant's state of birth. The birth certificate must be a certified copy and have the stamp or raised seal of the issuing authority. A hospital-issued certificate is not acceptable; A Consular Report of Birth Abroad issued by the U.S. Department of State; A valid, unexpired Permanent Resident Card issued by the U.S. Department of Homeland Security or U.S. Immigration and Naturalization Service; An unexpired employment authorization document issued by the U.S. Department of Homeland Security; An unexpired foreign passport with a U.S. visa affixed, accompanied by the approved 1-94 form documenting the applicant's most recent admittance into the United States; Certificate of Naturalization issued by the U.S. Department of Homeland Security; A Certificate of Citizenship issued by the U.S. Department of Homeland Security; A REAL ID driver's license or identification card issued in compliance with the standards established by 6 CFR Part 37; Such other documents as the U.S. Department of Homeland Security may designate as acceptable proof of identity and date of birth for REAL ID purposes by notice published in the Federal Register; An Inmate Descriptor Inquiry, Client Information Inquiry or Offender Snapshot document issued by the Iowa department of corrections or the United States District Court, Northern and Southern Districts of Iowa. The document must contain the applicant's full legal name and date of birth and be notarized. IA ADC 761-601.5(321).

Michigan: Michigan requirements for state identification cards are set forth in statute, and do not appear to be set addressed in administrative code. In general, residents applying for a state ID card must present documentation of a valid Social Security numberU.S. citizenship or legal presence, identification and Michigan residency. Mich. Comp. Laws Annot. 28.304. Application requirements for a “Standard official state personal identification card" are set forth at Mich. Comp. Laws Annot. 28.291 to 28.300. The following documents are acceptable proof of identity: Out-of-state, U.S. territories, or Canadian driver's license or ID card, expired for less than one year; Marriage license issued in the U.S.; Divorce decree issued in the U.S.; U.S. court order for a name change; Photo ID card issued by a federal or Michigan government agency; U.S. Customs and Border Protection Trusted Traveler Card ; U.S. military ID card with photo; U.S. military discharge or separation documents; Tribal photo ID card from a federally recognized Native American tribe; Michigan Department of Corrections prisoner ID card (requires verification); Michigan driver education certificate(applicants age 18 and younger); Michigan adoption record; U.S. school records (School ID cards with name and photo, diplomas, transcripts or yearbooks); If the applicant is below age 18 and does not have one of the above, a parent or guardian must present their driver's license or ID and sign for the teen.

Minnesota: Minnesota requires applicants for original driver's license or identification card to provide documentary proof of date of birth, full legal name, social security number, photographic identity, and U.S. citizenship. The applicant must present one legible, unaltered, primary document that contains the applicant's full name and date of birth as proof of name, date of birth, and identity, which are described as follows: A copy of the applicant's record of birth certified by the issuing government jurisdiction of the United States or U.S. territory; A certified copy of an adoption certificate with the applicant's full name and date of birth from a United States court of competent jurisdiction ; An unexpired identification card issued to the applicant by the United States Department of Defense for active duty, reserve, or retired personnel; A valid unexpired passport issued to the applicant by the United States Department of State; An applicant or owner may present a valid, unexpired passport issued to the applicant from a jurisdiction other than the United States Department of State with either a United States Department of Justice or United States Department of Homeland Security Arrival and Departure Form I-94 attached or an unexpired I-551 stamp; An applicant or owner may present a Canadian birth certificate or Canadian naturalization certificate with a United States Department of Justice or a United States Department of Homeland Security Arrival and Departure Form I-94 attached, bearing the same name as that on the Canadian birth certificate or Canadian naturalization certificate and containing an unexpired endorsement of the alien's nonimmigrant status or authorized presence; one of the listed documents issued by the United States Department of Justice or the United States Department of Homeland Security including Certificate of Naturalization, Certificate of Citizenship, United States Citizen Identification card, Permanent Resident or Resident Alien card, Northern Mariana card, American Indian card, employment authorization document with a photograph, or unexpired Re-entry Permit/Refugee Travel Document. MN Adm. Code 7410.0400.

Minnesota does grant variances to applicants whose required documentation is not available. MN ADC 7410.0600. If a person is unable to comply with the proof requirements of part 7410.0400, the person may make written application to the commissioner of public safety or a designee for a variance. The applicant must submit written documentation of the reasons why a variance should be granted, including the reasons the required documents are not available. The applicant must provide additional information regarding the applicant's name and identity, such as names of relatives, date and place of birth, place of residence, social security number, military service information, and any arrest information, to aid the commissioner in verifying the applicant's identity. In making a decision to grant or deny the variance, the commissioner or a designee shall consider the following: the availability of the required documents; the degree of hardship placed on the applicant; the effect of granting the variance on the public; the effect of granting the variance on the integrity of the record system; and the trustworthiness of the information supplied by the applicant regarding the applicant's name and identity. The commissioner shall grant the variance if all of the following conditions are present: the documents required by part 7410.0400 are either not reasonably available or do not exist; compliance with part 7410.0400 would cause an undue hardship for the applicant; granting the variance will have no adverse effect on the public; granting the variance will not jeopardize the integrity of the record system; and the applicant has established the applicant's name and identity by trustworthy evidence and documentation. MN Adm. Code 7410.0600.

Minnesota does issue a state identification card at a reduced fee to a qualified applicant with a condition of developmental disability, mental illness, or a physical disability. MN Adm. Code 7410.0700.

Summary of factual data and analytical methodologies

To develop this rule, the Department reviewed state laws related to issuance of an identification card, its past practice under the existing petition process and the number and facts of exceptions approved to the documentary proof requirements using the petition process. The Department also analyzed the list of documents acceptable to prove name and date of birth and U.S. citizenship under existing Trans 102.15, Wis. Adm. Code, to determine which documents were available without payment of any fee to a government agency, and which of those documents were available to the Department without charge to the applicant, particularly those available using existing electronic means of inter-governmental data exchange.

Analysis and supporting documents used to determine effect on small business

Identification cards are issued only to natural persons. The Department identified no effect on small businesses related to this rule.

Effect on Small Business

The Department anticipates no effect on small businesses as result of this rule. The Department is unaware of any business that provides assistance in obtaining government documents required to support an application for an identification cards that will no longer be required for certain applicants under this rule.

Initial Regulatory Flexibility Analysis