The statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Misconduct or unprofessional conduct.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to update and modernize the misconduct or unprofessional conduct rule which has not been updated since 1995. The Board desires to utilize the recently adopted model rules of the National Council of State Boards of Nursing (NCSBN) and other Nurse Licensure Compact (NLC) states' rules as well as their own review of the misconduct or unprofessional conduct rule.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current rule defines misconduct or unprofessional conduct as “any practice or behavior which violates the minimum standards of the profession necessary for the protection of the health, safety, or welfare of a patient or the public." The rule includes in a list specific practices or behavior which constitutes misconduct or unprofessional conduct.
The new policy proposed is to review the existing list and update it based upon current minimum standards of the profession necessary for the protection of the patient or public. This may include addressing new technologies, laws which have been enacted since 1995 including Health Insurance Portability and Accountability Act, and failure to cooperate with department investigations. The Board will review the recently adopted model rules of NCSBN to determine whether the inclusion of their rules would be in the best interest of the state of Wisconsin. In addition, as a member state of the NLC (which allows our nurses to work in another compact state under their Wisconsin license and nurses to work in Wisconsin under another compact state's license) the goal is to have consistency among the compact states as to what practices are construed as misconduct or unprofessional conduct.
The alternative to updating and modernizing the misconduct or unprofessional conduct rule is to continue with a current rule that creates uncertainty to the licensee as to what is misconduct or unprofessional conduct when a situation arises involving technology, practices, or laws that were not in place in 1995.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. Each 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.
Section
441.01 (3), Stats. The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227, Stats.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
125 hours.
List with Description of all Entities that May Be Affected by the Proposed Rule
Licensees, health care consumers, and department of safety and professional services compliance staff.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
None.
Anticipated economic impact of implementing the rule
None or minimal.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services —
Marriage & Family Therapy, Professional Counselors, Social Work Examining Board
The statement of scope was approved by the governor on January 28, 2013.
Rule No.
Relating to
Licensure, education, examination, supervised practice, continuing education.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
The proposed rule would update the licensing requirements for the training certificate, temporary license, and reciprocal licensure to correct statutory/rule inconsistencies, create clarification and to update to current standards. The proposed rule would also address supervised practice to reflect the current practices, including the use of new technologies. In addition, the proposed rule would update the continuing education to reflect current continuing education programs, including technological methods of delivery. The proposed rule would update the academic program equivalent to a doctorate in professional counseling which has not been updated since 1999.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently there is inconsistency between the statute and rule as it relates to temporary license. The proposed rule would bring the rule in line with the statute. The training certificate and reciprocal license rules need clarification and updating.
Currently the supervised practice requirements do not address current practices, including the use of new technologies during supervision.
Updating the continuing education requirements will create clarity and utilize current technological methods of delivery of the continuing education.
The academic program equivalent to a doctorate in professional counseling is not current with education standards in the area of professional counseling. The rule would update the requirements to reflect the minimum education required for a program to be equivalent to a doctoral degree in professional counseling.
The alternative to the proposed changes would be to continue to have statutory/rule inconsistencies, lack of clarity in the rules, continual prohibition regarding the use of current technologies in supervised practice and continuing education and doctoral education standards which are not equivalent to a doctoral degree in professional counseling.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each 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.
Section
457.03 (1), Stats.
Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
Section
457.22, Stats. Continuing education (1) The examining board may do any of the following: (c) Upon the advice of the professional counselor section, promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours.
List with Description of All Entities that May Be Affected by the Proposed Rule
Applicants and licensees.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal.
Contact Person
Sharon Henes, (608) 261-2377.
