Statutes interpreted: s. 457.02 (5m), Stats., as created by 2001 Wisconsin Act 80.

A person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board may practice and use the title “alcohol and drug counselor" or “chemical dependency counselor" if they are certified as an alcohol and drug counselor or a chemical dependency counselor through a process recognized by the Department of Health and Family Services. A person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board who treats alcohol or substance dependency or abuse in a certified clinic under ch. HFS 75 must hold a credential issued by the Wisconsin Certification Board.

In order to treat persons with a DSM diagnosis of substance dependence, to treat the substance dependence issues of a person with a dual diagnosis, to advertise themselves as an AODA specialist, or be identified in an employed position as an AODA specialist, a marriage and family therapist, professional counselor or social worker who is not credentialed by the Wisconsin Certification Board and who is working outside of a chapter HFS 75 clinic must satisfy the qualifications in s. MPSW 1.09 (2). A credential holder may refer and continue to work with that client until the referral is completed. The credential holder may work with the non-AODA issues of the client that is being referred and may treat the client who is in recovery, following treatment for substance dependence.

The credential holder must show evidence of the qualifications that are authorized by the board to treat alcohol, substance dependence or abuse as a specialty.

The credential holder must satisfy all of the requirements that are administered by the Department of Health and Family Services or a designee pursuant to the interagency agreement reached with the Department of Regulation and Licensing upon verification of these requirements by the credential holder. The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board notifies the credential holder and a record is kept at the Department of Regulation and Licensing that the credential holder has authority to treat alcohol or substance dependence or abuse as a specialty.

A list is provided of the categories of individuals that are qualified to provide face-to-face supervision, and authorizes practice under supervision by marriage and family therapists, professional counselors and social workers while obtaining the necessary experience.

Persons who treat alcohol, substance dependency or abuse as a specialty are required to obtain at least 10 continuing education hours in alcohol, substance dependency or abuse education during each biennial credentialing period. Up to 18 hours may be used against the required biennial continuing education for credential renewal.

Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.

Experience: Three (3) years of full-time supervised experience or 6,000 hours of supervised experience as an alcoholism and/or drug abuse counselor.

Supervision: The supervision must be provided by a licensed or certified practitioner.

Education: Two-hundred seventy (270) contact hours of education and training in alcoholism, and/or drug abuse or related training. These hours can be in the form of formal education, in-service training, and professional development courses.

Continuing education: Requirement is at least 40-60 hours of continuing education units (CEU) during each two year period.

Testing: A passing score on a national test is a requirement. The test establishes a national standard that must be met to practice.

A comparison of similar rules in adjacent states.

Minnesota – Experience: Eight-hundred eighty (880) clock hours of supervised alcohol and drug counseling practicum. Education: An associate degree, or an equivalent number of credit hours, and a certificate in alcohol and drug counseling, including 18 semester credits or 270 clock hours of academic course work from an accredited school or educational program. Continuing education: N/A. Testing: Complete a written case presentation and satisfactorily pass an oral and written examination by the commissioner.

Iowa, Illinois and Michigan: A search produced no certification requirements.

The rule will require the department to develop a certification form and mail the form to qualified credential holders. The rule will require the department to keep a record of certifications.

This rule will have $4,346 impact on the department's operations.

Printing and distributing the rule changes will cost $500. Developing the certification form will take 15 hours of Program Manager time at $36 per hour including fringe, and 15 hours of Program Assistant time at $17 per hour including fringe, for total program staff time of $795.

Mailing each form will cost $.50, so if the department mails 500 forms the cost will be $250.

Changes to IT systems to record and track the certifications will cost 80 hours of programmer time at $35 per hour including fringe, for a total IT cost of $2,800.

The department has determined that this rule has no significant fiscal effect on the private sector.

These proposed rules will be reviewed to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495

NOTICE IS HEREBY GIVEN that pursuant to s. 977.02 (4m) Stats., and interpreting s. 977.075 (1) Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2nd Floor, in the city of Madison, Wisconsin, on the 7th day of June 2004, from 1:00 p.m. to 3:00 p.m. to consider the amendment of a rules, ss. PD 6.01, 6.02 (1), 6.025 (2) (a), related to the repayment of cost of legal representation. Reasonable accommodations will be made at the hearing for persons with disabilities.

Prepared by: Kellie M. Krake and Arlene Banoul

Proposed Action:

• PD 6.01: increasing the fees for repayment and prepayment of legal representation by 20%

• PD 6.02 (1): specifying petitions for supervised release and discharge under Ch. 980 as commitment case types

• PD 6.025 (2) (a): deleting a finding of partial indigency as a method for determining ability to pay

Wis. Stat. sec. 977.075 requires that the state public defender board establish by rule a program for repayment of the cost of legal representation, including reimbursement and prepayment options. PD 6.01 and PD 6.02 (1) establish a payment schedule based on the type of case. Petition for supervised release and petition for discharge from commitment under the sexual predator law were not specifically listed in this schedule although these types of cases have been included under “commitment" since the law was enacted. Partial indigency determination had been used as a criterion for determination of ability to pay has been replaced by the collection statute.

In January 2002, the state public defender board authorized a statewide pilot program increasing reimbursement and prepayment amounts by 20% to continue until sufficient results were available to determine the fiscal effect. The chart below summarizes the revenue increase:

The fiscal effect of this pilot project has been to increase collections revenues by $302,000 biennially.

We do not anticipate the proposed rule change clarifying petitions for supervised release and discharge under Ch. 980 as commitment case types under the current payment schedule to have a fiscal impact because this proposed rule change reflects current practice.

We do not anticipate the proposed rule change deleting partial indigency as a method for determining ability to pay because this proposed rule change reflects current practice.

The proposed amendment would not have a regulatory effect on small businesses.

For copies of the proposed amendment to the rules, or if you have questions, please contact Kellie M. Krake, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 267-0299.

Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by 5:00pm June 7, 2004.

NOTICE IS HEREBY GIVEN That pursuant to ss. 43.09 and 227.11 (2) (a), Stats., and interpreting s. 43.09, Stats., the Department of Public Instruction will a hold public hearing as follows to consider the amending of Chapter PI 6, relating to public librarian certification.

The hearing will be held as follows:

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peg Branson, Continuing Education Consultant, Public Library Development Team, at (608) 266-2413 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

The administrative rule and fiscal note are available on the internet at:

http://www.dpi.state.wi.us/dpi/dfm/pb/libcert.html and http://www.dpi.state.wi.us/dpi/dfm/pb/libcertfn.html, respectively.

A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.state.wi.us or by writing to:

Lori Slauson, Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Written comments on the proposed rules received by Ms. Slauson at the above address no later than June 1, 2004, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.

Section 43.09 (1), Stats., requires the Division for Libraries, Technology and Community Learning in the Department of Public Instruction to issue certificates to public librarians and promulgate, under ch. 227, Stats., necessary standards for public librarians. Section 43.09 (2), Stats., allows the department to promulgate rules regarding necessary standards for public library systems.

Not applicable.

Subchapter I of ch. PI 6, Wis. Admin. Code, pertains to public librarian certification and specifies certification requirements for administrators who serve in municipal, joint, and county public libraries with certain populations. The proposed rules:

Update public librarian certification requirements. The rules do not change the coursework required to receive Grade II or III certification, but change the timeframe and sequence in which the courses must be taken. The rules also allow four years of temporary certification for an individual to complete the courses needed to receive regular Grade II or III certification.

Eliminate references to obsolete language relating to certificates issued prior to or after January 1, 1995. This information was pertinent when the rules were modified effective January 1, 1995, but is no longer necessary.

The proposed rules will apply to individuals applying for Grade III regular certification and certification renewal and for individuals applying for Grade II and III temporary certification upon the effective date of this rule.

During the fall of 2002 and spring of 2003, Division for Libraries, Technology, and Community Learning (DLTCL) staff worked with a Certification Study Committee to assess the library education and training required for the certification of directors of public libraries in Wisconsin, particularly those in small communities. The committee was composed of representatives of public library systems serving primarily small and rural public libraries and representatives of the Council on Library and Network Development (Wis. Stats. 43.07). The committee focused on the following question: What basic library management and other information is needed to enable new directors of small public libraries to serve their communities effectively and when do they need to have this information.

The Council on Library and Network Development, which has responsibility for making recommendations to the State Superintendent on standards for the certification of public librarians (Wis. Stats. 43.07(1)), endorsed the recommendations of the study committee for certification at its meeting on May 2, 2003. The Council asked DLTCL to seek additional input on the recommendations from the public library community prior to initiating the process for making administrative code rule changes. In response to that recommendation, DLTCL staff reviewed the recommendations for certification with a variety of public librarian and public library trustee groups throughout the summer and fall of 2003. In addition, the recommendations were published in the DLTCL newsletters and posted on the division's website, and DLTCL provided an information session at the Wisconsin Library Association annual conference in the fall of 2003.

Michigan, Iowa and Indiana have public librarian certification programs that are similar to Wisconsin's. Among the features of their certification programs are:

Certification of the directors of public libraries is required in all three states; Michigan also has staffing standards that require selected staff in libraries, in addition to the director, to be certified.

All of the certification programs have multiple levels of certification based on the populations of the communities served.

All of the certification programs require specified educational attainments and additional library courses based on grade level.

All of the certification programs require initial certification and recertification at specified time intervals.