(3) For each election, there shall be a separate, written chain-of-custody record for each programmed memory device used with an electronic voting system. Each transfer shall be logged in the written chain-of-custody record.

(4) Each programmed memory device shall have or be assigned a unique and permanent serial number. If the memory device does not have a permanent serial number affixed by the manufacturer, a clerk shall, if possible, affix to the device a serial number or unique identifier.

(5) The municipality shall use controlled, serialized seals that are tamper-evident and resistant to accidental breakage along with a written record of all seals and associated serial numbers.

(6) For each election, the municipal clerk shall record on the Inspectors' Statement (EB-104), which memory devices and which serialized tamper-evident seals are assigned to particular voting stations or units.

(2) Memory devices shall be programmed to print a list of the software and firmware versions of the electronic voting system on each beginning-of-election-day zero report under s. 5.84 (2), Stats. For electronic voting systems that cannot accommodate this requirement, the software and firmware information shall be recorded from the system start-up screen, either by municipal or county staff during the pre-election testing under s. 5.84 (1), Stats., or by election inspectors on Election Day under s. 5.84 (2), Stats.

(3) The records for the pre-election test under s. 5.84, Stats., pre-recount test under s. 5.90, Stats., and Election Day reports under ss. 7.51 and 7.53, Stats., must be maintained by the appropriate clerk or board of election commissioners.

(4) Except when necessary to program, test, or operate the electronic voting and/or programming equipment, any point by which access can be gained to the system controls must be closed and locked or secured with a tamper-evident seal that can be tracked using a unique and permanent serial number. The appropriate clerk shall maintain a written record of the serial numbers required by this subsection.

(5) After a memory device is programmed, tested, and delivered to the municipal clerk for the election, it shall be immediately and continuously maintained in a secure location with controlled access limited only to users authorized by the clerk or board of election commissioners.

Upon insertion of a memory device into its assigned unit, it shall be sealed against unauthorized access with a serialized, tamper-evident seal that can be tracked using a unique and permanent serial number. The municipal clerk or board of election commissioners shall record the serial numbers on the Inspectors' Statement (EB-104).

(6) When applicable, for each election the municipal or county clerk or board of election commissioners shall obtain a signed “Certificate of Performance Compliance: Memory Device Security" from each voting equipment manufacturer that provides programming services or memory devices to the municipality or county.

(7) The municipality shall take reasonable precautions to ensure the security of the equipment between the time it leaves the possession of the clerk or board of election commissioners to be delivered to the polling place, and the time the chief inspector assumes possession at the polling place on Election Day.

(2) After the polls have opened, ballot removal from an optical scan machine or paper roll removal or replacement on a direct recording electronic (DRE) machine shall be conducted with at least two election inspectors (or other sworn election team members appointed by the municipal clerk or board of election commissioners) present. The removal process, the names of the election inspectors or sworn election team members, and the time of removal must be recorded on the Inspectors' Statement (EB-104).

(3) After the polls have closed, election officials shall print a results report before breaking any seal on the equipment and before the removal of the memory device from any piece of voting equipment. If additional reports other than the results reports are required, these reports shall also be printed before breaking any seal on the equipment and before the removal of the memory device.

(4) The chief election inspector shall compare the serial numbers of all security seals, then verify by initialing the Inspectors' Statement (EB-104). Any additional seals used during the election must also be recorded on the Inspectors' Statement (EB-104).

(5) The memory device shall be secured in a separate, tamper-evident sealed container or envelope by the chief election inspector. The memory devices shall be promptly returned to the municipal or county clerk or board of election commissioners.

(6) If vote results are transmitted by modem, the municipal clerk or board of election commissioners may access the memory device for transmission of those results, but shall reseal the memory device in a secured envelope or container.

(7) If removal of the memory device is not required, the device may remain sealed in the voting equipment. The serial numbers of the security seals shall be verified and initialed on the Inspectors' Statement (EB-104).

(2) At each post-election meeting of the municipal board of canvassers, the members shall verify that the tamper-evident serial numbers from the voting equipment have been recorded on five Inspectors' Statements (EB-104) or 10% (whichever is greater) of the total statements, and have been initialed by the Chief Election Inspector. The county board of canvassers shall verify ten Inspectors' Statements. All Inspectors' Statements (EB-104) shall be verified by the appropriate board of canvassers in a recount. Proper documentation shall be maintained.

(2) The Board will consider requests from counties to implement alternative security procedures.

(a) The county clerk, or the municipal clerk or board of election commissioners through the county clerk or county board of election commissioners, shall submit a written request to implement alternative security procedures to the Board's director and general counsel.

(b) The request shall describe the proposed security procedures in detail and include any documentation such as logs, flow charts, and certification forms.

(c) The director and general counsel may approve the use of alternative security procedures for one election cycle.

(d) The Board shall review the director and general counsel's approval of any alternative security procedures and may authorize continued use of those procedures.

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., 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 amend sections MPSW 11.01 (1) (b), 12.01 and 14.01 (2) (intro.); and to create section MPSW 12.01 (3) and (4), relating to supervised practice, training licenses and academic programs for professional counselors.

Date:   October 27, 2008

Time:   9:15 a.m.

Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin

Sections 457.12 and 457.13, Stats.

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

The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board has the authority under s. 457.03, Stats., to promulgate rules.

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

One of the requirements for becoming licensed as a professional counselor is the accrual of 3,000 hours of supervised practice. The addition of s. MPSW 12.01 (3) and (4) is intended to permit applicants who are interested in becoming licensed in Wisconsin as professional counselors to use supervised professional counselor practice hours that were accrued in another state. The existing rules do not allow the professional counselor section to consider supervised practice hours that were obtained out-of-state. These changes are intended to remedy that situation and will likely result in more clinicians being eligible to practice in Wisconsin.

There is no applicable existing federal legislation.

If the applicants graduated prior to 2003 and they hold a master's degree with 5 years of experience, they are exempt from the 48 credit or CACREP requirement (experience counselor transition language found in the statutes).

Interestingly, a license applicant may apply and receive the license only after completing 12 semester hour graduate credits with the qualification that they complete the remainder in 4 years.

The supervised practice requirement is post licensure (first 2,000 hours).

Iowa requires 2 years of supervised clinical practice completed post coursework and practicum (but the applicant may start to accumulate hours prior to their thesis – curious). There does not appear to be a training level or limited credential to practice under while accumulating the hours. It appears that Iowa MHC is envisioned as “clinical" licensure meaning expectations for DSM IV diagnosis and treatment of mental health disorders rather than the more common community counselor level. This is evident in the requirement for CACREP mental health counselor accreditation and the psychopathology requirement in the equivalency.

It is not clear that Iowa approves programs or approves applicants on an as reviewed basis (though from the application materials and the lack of an approval list, it appears through the latter).

Iowa considers applicants who have obtained Certified Clinical Mental Health Counselor status with the National Board for Certified Counselors (NBCC) as having met the educational and clinical experience requirements necessary for licensure.

Beginning January 1, 2005, the Illinois licensing division approves programs that are 48 hours minimum in length with at least one course in each of the 13 identified content areas. After January 1, 2008, Illinois is requiring that the courses submitted be at least 3 semester hours in length (similar to Wisconsin's equivalency standards).

It appears that Illinois preapproves programs on a per school basis. All Master's Degree programs that are CACREP or Council on Rehabilitation Education (CORE) accredited are automatically considered approved. All Doctoral degree programs in psychology of the APA or the Council for the National Register of Health Service Providers in psychology are preapproved.

For those who graduate in a program that has not been approved, they will have to submit their transcripts and program materials to the board for review.

The board has program approval standards that describe the approval of counselor training programs which includes a minimum of 48 hours over a number of specified topic areas without any minimum credit hour per course requirement. The board shall also accept any programs accredited by CORE or CACREP as automatically approved.

The Professional Counselor Section is amending their degree equivalency rules which require a minimum of a one 3-credit semester hour or 4-quarter hour course in a number of “topic areas" to eliminate the minimum 3-credit-course requirement. The section has found that applicants denied for licensure based on the 3-credit-course requirement for degree equivalency are licensable in other states and have been practicing successfully in Wisconsin under the exemption in the statutes allowing psychotherapeutic practice in s. HFS 61.96 certified clinics. In addition, the Council for Accreditation of Counseling and Related Education Programs (CACREP), a nationally recognized accreditation body, does not specify a 3-credit-course minimum.

The section is also amending their rules to include a requirement to hold a professional counselor training license in order to accrue hours of supervised professional counseling practice towards licensure. The practice of professional counseling is a protected practice (pursuant to s. 457.04 (6), Stats.); however, the requirement to hold a training license in order to accrue supervised professional counseling practice hours is not found explicitly in the rules. The section has found that people practicing professional counseling without training certification or licensure may constitute a violation of law and could pose a significant risk to the health, safety and well-being of the public. In addition to adding the requirement for accruing supervised hours while holding the training license, the section has determined that due to increased mobility, such rules should also include flexibility in considering practice hours gained out of state if those hours are substantially equivalent to practice hours gained in other states.

The changes proposed should not provide substantial negative effect on small business in terms of increased operating costs. Since approximately 2004, the section has attempted to advise those entering the field that in order to practice and train for full licensure, one needs to accrue hours under a training license. The cost to obtain a training license is $53 and expires after four years (and is renewable at the discretion of the section). The benefit of a training license is that it assures the trainee that their supervisor is approved. The benefit to the public is that they can be assured that the training license holder has met certain standards required for safe practice under supervision – including that they hold an approved master's degree in professional counseling and they have passed the State ethics examination – and that they are required to observe their code of conduct, violation of which opens practitioners to disciplinary action.

The additional changes, including changes for purpose of clarification, elimination of minimum credit per course requirements and acceptance of supervised hours gained out-of-state will make it easier for applicants to achieve state licensure thus helping to assure availability for the workforce and does not without compromising public safety.

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.

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.

The department estimates that this rule will require staff time in the Office of Legal Counsel, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $2,533.

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

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 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, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before November 10, 2008 to be included in the record of rule-making proceedings.

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; telephone 608-266-0495; email at pamela.haack@ drl.state.wi.us.

(b) Verification that the institution which awarded the degree was a regionally accredited college or university, or accredited by the commission for accreditation of counseling and related educational programs (CACREP), or the council on rehabilitation education (CORE) at the time the applicant graduated from the school, or that a degree awarded by a foreign institution of higher learning has been determined by the National Board for Certified Counselors (NBCC) or by another organization approved by the section to be equivalent to a degree from a program accredited by CACREP. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent examination.