Statutes interpreted: Section 457.12 (4), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (3), Stats.

Explanation of agency authority: Under s. 457.03, Stats., the Professional Counselor Section is charged with establishing examination requirements for becoming a licensed professional counselor. The section has determined that the National Counselor Mental Health Certification Examination is an additional examination that adequately measures competency and is therefore seeking to amend its rule to include it. Furthermore, the section is seeking the authority to review other examinations that applicants may have taken in order to determine whether those too adequately measure competency.

Related statute or rule: There are no related statutes or rules other than those listed above.

Plain language analysis: This proposed rule-making order will permit applicants for licensure as professional counselors to take and pass examinations that would demonstrate their professional competency. Currently, either the National Counselor Examination or the Certified Rehabilitation Counselor Examination is required for licensure. This proposal would give applicants an additional option of being able to take the National Counselor Mental Health Certification Examination. It would also permit the section to approve another examination that it deems to be equivalent to the other three. As a result, the proposed change would permit applicants who take and successfully pass one of three examinations or an equivalent one approved by the section to become eligible for licensure as a professional counselor.

This amendment will provide greater flexibility to applicants while maintaining protection of the public. Presently, those individuals who take and pass the National Counselor Mental Health Certification Examination must also take and pass the National Counselor Examination in order to be eligible for licensure as a Wisconsin professional counselor, thereby resulting in an unnecessary barrier to licensure.

SECTION 1 amends the existing rule to include the National Counselor Mental Health Certification Examination and also permits the section to accept additional examinations that it deems to be equivalent to the other ones.

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

There is no existing or proposed federal regulation.

Summary of factual data and analytical methodologies:

The Professional Counselor Section is amending its rules based on the section's professional experience for requirements for licensure. A review of surrounding state licensure supports the section's proposal. Iowa allows passage of the NCMHCE and Minnesota allows for passage of examinations determined equivalent by their board.

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

There are no supporting documents determining effect on small business. The rules change does not affect small business as it does not place any additional regulatory requirements for attaining professional counseling licensure.

Section 227.137, Stats., requires as “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

The Department of Regulation and Licensing estimates that this rule will require time in the Division of Professional Credentialing. The total staff salary and fringe is estimated at $57.

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 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.

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, Office of Legal Counsel, 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 August 1, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. MPSW 11.02 is amended to read:

MPSW 11.02 Examination required. An applicant for licensure as a professional counselor shall pass both parts of the examination required under s. 457.12 (4), Stats., consisting of take and pass the Wisconsin statutes and rules examination, and either one of the national counselor examination or the certified rehabilitation counselor examination following: the National Counselor Examination, the National Counselor Mental Health Certification Examination, the Certified Rehabilitation Counselor examination, or another examination approved by the section. Both parts of the examination may be taken prior to the completion of the required period of supervised practice.

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 (1), Stats., and interpreting s. 457.035, Stats., the Professional Counselor Section of 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 repeal s. MPSW 13.01, relating to psychotherapeutic counseling by professional counselors.

Date:   August 1, 2006

Time:   1:15 p.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  Madison, Wisconsin

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 August 1, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Section 457.035, Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1), Stats.

Explanation of agency authority:

Under s. 457.035, Wis. Stats., the Professional Counselor Section may promulgate rules regarding psychotherapy. The section did so and is now seeking to repeal its previously promulgated rule because it has determined that it is unnecessary. Currently, licensed professional counselors are able to practice independently, without supervision. If the existing provision is implemented, it will require certain practitioners to obtain supervision or will require them to meet additional requirements.

Related statute or rule:

There are no related statutes or rules other than those listed above.

Plain language analysis:

Currently, the independent practice of psychotherapy is within the scope of practice for licensed professional counselors. Repeal of the rule would preserve existing policy. Unless repealed, s. MPSW 13.01 will become effective and require professional counselors to work under supervision if they are providing psychotherapy but have not completed the requirements for independent practice.

Because there have not been complaints under the status quo, the Professional Counselor Section believes that the implementation of this provision is unnecessary and will in no way harm the public. Additionally, if implemented, an undue burden will be placed on licensees as they would be required to take an additional examination, and provide evidence of their clinical practice and academic coursework.

SECTION 1 repeals s. MPSW 13.01 thereby eliminating the requirements for professional counselors who provide psychotherapy.

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

There is no applicable existing federal regulation.

Comparison with rules in adjacent states:

Illinois:

Illinois has two statutory levels of licensure for professional counselors, including both licensed professional counselors and clinical professional counselors.

Iowa:

Iowa does not license professional counselors as a profession, but instead issues licenses to Mental Health Counselors and Marriage and Family Therapists. In Iowa, there is only one level of licensure and no separate clinical level.

Michigan:

Michigan appears to have two levels of licensure, including a limited professional counselor license available to individuals with a bachelor's degree and 5 years experience and a professional counselor license. However, the professional counselor license does not have a clinical component or level.

Minnesota:

Minnesota issues licenses to professional counselors, but does not have a clinical level credential.

Summary of factual data and analytical methodologies:

The section is proposing to amend its rules based on the professional experience of its members. There is no factual analysis available to support or oppose this proposal.

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

The proposed rule change, if enacted on or before January 1, 2007, will have no effect on existing small business. The rule change repeals an administrative rule with an initial effective date of January 1, 2007, thereby preserving the status quo.

After January 1, 2007, s. MPSW 13.01 (the existing rule) will become effective, limiting the scope of practice of existing licensees unless they apply for a certification through the Department of Regulation and Licensing. This proposed rule change, if enacted after January, 2007, will eliminate the need for an additional certification, and in the section's opinion, relieve an undue burden on professional counselors who may wish to practice independently.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

The department finds that the proposed rule will have no significant fiscal impact.

Anticipated costs incurred by private sector:

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

These proposed rules will have no significant 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 larry.martin@drl.state.wi.us, or by calling (608) 266-8608.

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.

Comments may be submitted to 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. Email pamela.haack@drl.state.wi.us. Comments must be received on or before August 1, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. MPSW 13.01 is repealed.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 and 227.11 (2) (a), Stats., interpreting ss. 29.014 and 29.041, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2006 migratory game bird seasons and waterfowl hunting zones. The proposed rule establishes the season length and bag limits for the 2006 Wisconsin migratory game bird seasons. For ducks, the state is divided into two zones each with 60-day seasons. The season is proposed to begin at 9:00 a.m. on September 23 and continue for 60 consecutive days in the north, closing on November 21. In the south, the season would begin at 9:00 a.m. on September 30 and continue through October 8, followed by a 5-day split, and then reopening on October 14 and continuing through December 3. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, one canvasback (from October 14 to November 12 statewide), 2 wood ducks, 2 redheads and 2 scaup.

For Canada geese, the state is apportioned in 3 goose hunting zones with other special goose management subzones within the Exterior Zone. Season lengths are: Collins Zone – 64 days; Horicon Zone – 92 days; Exterior Zone – 92 days; and the Mississippi River subzone – 70 days. The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese is the Horicon and Collins Zones is 2 birds per day during the open seasons within each zone. In the Exterior Zone and its subzones, the daily bag limit will be one bird per day from September 16 to October 1 and 2 birds per day for the remainder of the season.

NOTICE IS HEREBY FURTHER GIVEN that in addition to comments on the proposed season lengths and bag limits, the Department is seeking public input regarding proposals (1) for the opening time for the first day of the 2006 duck seasons; (2) to eliminate the Canada goose Horicon Intensive Management subzone adjacent to the Horicon National Wildlife Refuge; and (3) establishing a new North/South zone boundary for Wisconsin's duck zones for the 2006-2010 period.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on: