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), 227.11 (2) and 457.03 (3), Wis. Stats., and interpreting s. 457.14 (1) (a) to (d) and (2), 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 amend s. MPSW 3.11 (5), relating to expiration of a temporary credential issued by the Social Worker Section.

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 Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to pamela.haack@drl.state.wi.us. Written comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.

Statutes interpreted: Section 457.14 (1) (a) to (d) and (2), Stats.

Sections 15.08 (5) (b), 227.11 (2) and 457.03 (3), Stats

Currently, s. MPSW 3.11 provides that a temporary credential expires upon notification of having failed the required examination or 9 months after having been issued, whichever is earlier. This proposal would permit applicants to retake the failed examination without having to surrender their temporary certificate or license, thereby allowing them to remain in practice while they await the next examination opportunity. However, the temporary certificate or license would still expire 9 months from the date of its issuance.

The current rule provides that a temporary social worker license will expire when the holder fails the required examination, or after the 9 month period passes, whichever is earlier. The person who fails the required examination must then return their license to the social worker section. Furthermore, this temporary license may not be renewed.

The proposed rule-making order would eliminate the expiration of the temporary license upon the failure of the required examination and that the license holder must then return the license. The proposed change would allow the temporary license holder to retake the required examination until they are able to pass the examination during the 9 month period of time. Therefore, the license will only expire at the end of the 9 month period of the license and may not be renewed.

The proposed rule change is good because it eliminates the loss of the temporary license and streamlines the licensing process while maintaining the protection of the public. The protection is maintained because under either version of the rule – current or proposed – the license holder could retake the examination; however, with the proposed change, the license holder would still be able to practice while retaking the examination. Previously, at best the person could only practice case management; at worst they may be terminated due to the loss of the temporary license. Furthermore, small business will not be affected and there may be a small benefit as the temporary credential holder may remain in practice while they are attempting to pass the required examination.

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

The proposed rule will have no impact on the department's funds.

Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.

Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Email: pamela.haack@drl.state.wi.us. Copies of the notice of hearing are available upon request.

Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Email pamela.haack@drl.state.wi.us. Comments must be received on or before July 11, 2005 to be included in the record of rule-making proceedings.