Wisconsin Legislature: Text

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Sharon.Henes@wisconsin.gov.

Analysis prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 457.01 (8m), Wis. Stats.

Statutory authority

Section 15.08 (5) (b), Wis. Stats.

Explanation of agency authority

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.

Related statute or rule

Section 457.01 (8m), Wis. Stats., and s. MPSW 1.02 (2m), Wis. Admin. Code

Plain language analysis

The rule repeals two definitions of psychotherapy. Section MPSW 1.02 (2) is a definition which applies to the all the MPSW chapters and is identical to s. 457.01 (8) statutory definition.

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

None

Comparison with rules in adjacent states

Illinois: The Illinois practice acts for marriage and family therapy, professional counseling and social work do not define the word psychotherapy.

Iowa: The Iowa practice acts for marriage and family therapy, professional counseling, and social work do not define the word psychotherapy.

Michigan: The Michigan practice acts for marriage and family therapy, professional counseling, and social work do not define the word psychotherapy.

Minnesota: The Michigan practice acts for marriage and family therapy, professional counseling, and social work do not define the word psychotherapy.

Summary of factual data and analytical methodologies

The Board is repealing two definitions for a word that is already defined by the MPSW code therefore eliminating conflicting definitions.

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

This rule was posted for 14 days for economic impact comments and none were received. This rule repeals 2 definitions which did not match the statutory definition of psychotherapy.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

This rule does not have impact on small businesses.

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
MPSW 2.01(14) and 10.01(3m)
3. Subject
Psychotherapy definition
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽SEG-S			20.165(1)(g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
The rule repeals two definitions for a word already defined in the MPSW code and eliminates the conflicting definitions.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
None
11. Identify the local governmental units that participated in the development of this EIA.
None
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There is no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole. In preparation of the EIA, the rule was posted for economic comments for a period of 14 days and received no comments.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit is to eliminate conflicting definitions.
14. Long Range Implications of Implementing the Rule
The long range implication is for clarity in the MPSW code.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The four neighboring states do not define “psychotherapy" in the practice acts or rules for marriage and family therapy, professional counseling and social work.
17. Contact Name				18. Contact Phone Number
Sharon Henes				(608) 261-2377