Time: 9:15 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
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. Written comments must be received by February 10, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: Chapter
MPSW 19 sets forth the requirements for obtaining continuing education for marriage and family therapists. Each biennium marriage and family therapists are required to obtain a minimum of 30 continuing education credits, provided the coursework is sponsored by acceptable organizations or entities. However, there is no specific requirement as to what type or category of continuing education they must take. This proposed rule-making would require licensees to have a minimum of 15 credits in certain categories and would further require that at least 4 of those 15 credits be in the subject of marriage and family therapy ethics and boundaries. In addition, this amendment expands the scope of acceptable continuing education organizations, including, for instance, the American Medical Association, the American Psychological Association, and the American Osteopathic Organization. It also permits credit for continuing education programs that are recognized by the Professional Counselor Section and by the Social Worker Section. Furthermore, it increases the type of credits that will be given for continuing education including, for instance, formal presentations at professional seminars, educational sessions at state and national conferences, interactive internet courses, and authorship in various publications.
Related statute or rule: There are no other statutes or rules other than those listed above.
Plain language analysis: Under existing rules for continuing education programs, there is a lack of uniformity among the Marriage and Family Therapists, Professional Counselors and Social Worker Sections with respect to continuing education, including the criteria and acceptance of various programs. Current rules do not allow credential holders access to continuing education courses offered to social workers or professional counselors. Additionally, credential holders may not receive continuing education credit for teaching, publishing or presenting. Finally, under current rules, credential holders are not able to take courses approved or sponsored by the American Psychology Association.
The modification to this rule will permit continuing education credits to be granted for additional items, including, but not limited to, teaching academic courses, publishing professional books, and presenting at national conferences, all of which may require substantial preparation and/or research related to the knowledge and practice of marriage and family therapy. Additionally, this modification will permit continuing education credit to be granted to those credential holders who take courses approved by the Social Worker Section or by the Professional Counselors Section. Finally, the proposed rule will allow credential holders to take courses approved or sponsored by the American Psychology Association. Access to these courses will provide a substantial benefit to the practice of marriage and family therapy.
SECTION 1 creates MPSW 19.01 (4m) which requires licensees to take a minimum of 15 credits in approved marriage and family therapy continuing education programs and other educational activities. Four of those 15 credits must be in the subject area of marriage and family therapy ethics and boundaries.
SECTION 2 amends MPSW 19.02 (4) by requiring that any course or continuing education programs offered by an accredited college or university be related to the clinical practice of marriage and family therapy.
SECTION 3 creates MPSW 19.02 (5) to (8) (intro.) and (a) to (g) and provides that any continuing education program approved, sponsored or co-sponsored by a presenter approved by the Committee for the Approval of Continuing Education Sponsors of the American Psychological Association will be accepted. It also provides that any educational programs recognized as approved at the time of attendance as “Category I" continuing medical education programs by the Council on Medical Education of the American Medical Association or the American Osteopathic Association is acceptable. Additionally, any educational programs recognized by the Social Worker Section and the Professional Counselor Section are acceptable. Finally, if approved or recognized by one of the approved providers, credit will also be granted for the following: Formal presentations of relevant professional material at seminars, workshops, programs or institutes, which may include formal presentation and directed discussion of videotaped material: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; University, college or vocational technical adult education courses, which may include formal presentation and directed discussion of videotaped instruction; 20 CEHs per semester hour or 13.2 CEHs per quarter hour for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational sessions at state and national conferences: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; Educational telephone network (ETN) courses: 2 CEHs per hour of continuing education for presenters, but no additional CEHs shall be granted for subsequent presentations of the same material; interactive internet courses: 2 CEHs per hour of continuing education for instructors, but no additional CEHs shall be granted for subsequent presentations of the same material; Authorship of a published chapter in a textbook or professional resource book, or a professional journal: 8 CEHs; Development of alternative media, computer software, videotapes, or audiotapes: 8 CEHs.
Summary of factual data and analytical methodologies: The Marriage and Family Therapist Section, in accordance with the Social Worker Section as well as the Professional Counselor Section, are amending their rules based on the sections' collective experience and understanding that continuing education available to one section may be of professional benefit to the other sections.
Fiscal Estimate
The Department of Regulation and Licensing will incur the equivalent of $1,913 costs in staff time to audit the continuing education requirements.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email
pamela.haack@drl.state.wi.us. Comments must be received on or before February 10, 2006 to be included in the record of rule-making proceedings.
Notice of Hearing
Nursing
Hearing Date, Time and Location
Date: January 26, 2006
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
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. Written comments must be received by February 6, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Board of Nursing has the authority under ss.
441.04 and
441.10, Stats., to establish the prerequisites for examination of registered nurses and licensed practical nurses, including the professional educational qualifications of those applicants who have graduated from nursing schools located outside of this state.
Related statute or rule: There are no other statutes or rules other than those listed above.
Plain language analysis: The proposed revision to s.
N 2.03 (1) (c) eliminates the requirement that a graduate of a school of nursing other than a board-approved school, complete a board-approved qualifying examination prior to admission to the NCLEX examination. This rule primarily affects foreign graduates are required under the existing rule to take and pass the Commission on Graduates of Foreign Nursing Schools (CGFNS) Qualifying Examination. The rule revision allows foreign graduate nurse applicants to submit verification from the Credentials Evaluation Service (CES) of the Commission of Graduates of Foreign Nursing Schools (CGFNS), as proof of the equivalence of their nursing coursework prior to admission to NCLEX, instead of taking the qualifying examination. Under the proposed rule revision, passage of the qualifying examination will not be a mandatory requirement for licensure; however, an applicant may take the examination voluntarily. Studies have shown that the value of the qualifying examination as a predictor of successful passage of the NCLEX does not outweigh the additional cost and potential barrier resulting from the imposition of this as a prerequisite for taking the NCLEX. Foreign graduates are not restricted as to the number of attempts or scheduled NCLEX reexaminations which are taken.
The proposed revision of s.
N 2.04 (2) and
(6) inserts the reference to schools of practical nursing because the CGFNS coursework evaluation service was previously only available for schools of professional nursing. This rule primarily affects foreign graduate registered nurses. The CGFNS service has been expanded to include schools of practical nursing.
The proposed revision of s.
N 2.06 (1) (b) limits the time period for renewal of the temporary permit which is issued to graduate nurses who are eligible to take NCLEX. Currently, an applicant is allowed to work as a nurse under a temporary permit for up to nine months, with renewals, if they have scheduled to take the NCLEX. Under the proposed revision, the permit will be limited to a period of three months or until the holder receives failing examination results with no option to renew for successive periods. The need for renewal of the temporary permit has been obviated by the increased availability of the examination; the NCLEX is administered as a computer-based examination at multiple sites seven days per week as compared to the former periodic administration of the examination, which resulted in an applicant having to wait for a period of time to take or retake the examination.
The proposed revision to s.
N 3.04 (1m) requires that an applicant for a license by endorsement who has not actively practiced as a nurse within five years must complete a board-approved nursing refresher course. A limited license will be issued to any such endorsement applicant for the purpose of completing the course. Upon successful completion of the refresher course, the applicant may petition the board for full licensure. This provision is similar to the existing requirement for renewal of a Wisconsin nursing license if the credential holder has not actively practiced as a nurse within five years after its renewal date under s.
N 5.08 (2) (b).
Summary of factual data and analytical methodologies: The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of those state rules. The rule revisions were based upon a collection of information from various sources, including informational literature, studies, recommendations and departmental and board member reports. The comparison to the adjacent states demonstrates that the revisions are substantially consistent with the rules in those states.
Anticipated costs incurred by private sector: The Department of Regulation and Licensing has determined that this rule change will have no significant fiscal effect on the private sector.
Fiscal estimate
These rule changes will have no impact on funds of the Department of Regulation and Licensing.
Effect on small business
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us.or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to
pamela.haack@drl.state.wi.us. Comments must be received on or before February 6, 2006, to be included in the record of rule-making proceedings.
