Marriage and Family Therapy, Professional
Counseling and Social Work Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING AND SOCIAL WORK EXAMINING BOARD
ORDER OF THE MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING
AND SOCIAL WORK EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 14-063)
ORDER
An order of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to repeal and recreate MPSW 1.09 relating to substance use disorder speciality.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Each board shall promulgate rules for its own guidance and the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession.
The board establishes the educational and supervised training requirements in rules promulgated by the board to authorize an individual who is certified or licensed by the board to treat alcohol or substance dependency or abuse as a specialty. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying for a credential under s. 440.88, Stats. Related statute or rule:
Plain language analysis:
This rulemaking order repeals and recreates s. MPSW 1.09 to create the educational and supervised training requirements for a person credentialed by the board to treat alcohol or substance dependency as a speciality. The Board utilizes the DSM V term substance use disorder rather than the previous DSM IV terms of dependence and abuse. The first subsection delineates the use of the title and scope of practice. If a person who is credentialed by the board wants to treat substance use disorder as a specialty, without being credentialed under s. 440.88, the person must meet the requirements in this section. The second subsection recognizes that a credential holder who holds a master’s degree would have received education in treatment, therefore, a minimum of 135 contact hours of substance use disorder education is required to supplement that education in four subject matter areas (understanding addiction; knowledge of addiction treatment; application to addiction practice; and professional readiness in addiction treatment). The credential holder would also be required to have 200 hours of supervised face-to-face client treatment. The education could be obtained in the course of earning the master’s degree or in the addition of the degree. The 200 hours of supervised training may have been obtained during or separately of the hours required to obtain the underlying credential.
The third subsection provides the requirements for a credential holder who holds a bachelor’s degree would not have had the advance education. The requirements include 180 contact hours of substance use disorder education in four subject matter areas (understanding addiction; treatment knowledge; application to practice; and professional readiness) which must include specific content within each subject matter area and 1,000 hours of supervised face-to-face client substance use disorder treatment experience. The education could be obtained in the course of earning of the bachelor’s degree or in addition to the degree. The 1,000 hours of supervised training may have been obtained during or separately of the hours required to obtain the underlying credential.
The fourth subsection indicates the qualifications for a person who is supervising the person obtaining the training for the speciality. The following people are qualified, provided they have knowledge in psychopharmacology and addiction treatment: a licensed marriage and family therapist, a licensed professional counselor, a licensed clinical social worker, a licensed psychologist, a licensed physian, a clinical supervisor as defined by DHS 75.02(11) or another individual approved in advance of the training by the board.
The fifth subsection indicates that at least 6 continuing education hours in substance use disorder must be obtained during each biennial credentialing period. This continuing education may be counted toward the continuing education required for the renewal of the underlying credential.
Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois: Illinois does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Iowa: Iowa does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Michigan: Michigan does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Minnesota: Minnesota does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Summary of factual data and analytical methodologies:
The Board considered the requirements for qualifying for a credential under s. 440.88, Stats, Scopes of Practice & Career Ladder for Substance Use Disorder Counseling (September 2011) by Substance Abuse and Mental Health Services Administration and U.S. Department of Health and Human Services and the Technical Assistance Publication Series Addiction Counseling Competencies (March 2008) by Substance Abuse and Mental Health Services Administration. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
In preparation of the EIA, the rule was posted for economic comments for a period of 14 days and received no comments. The Board determines there is no effect on small business.
Effect on small business:
These proposed rules do not have an 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 Eric. Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. MPSW 1.09 is repealed and recreated to read:
MPSW 1.09 Alcohol and drug counseling. (1) USE OF TITLE AND SCOPE OF PRACTICE. (a) A person credentialed by the board may use the title “alcohol and drug counselor” or “chemical dependency counselor” only if he or she is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department.
(b) A person who is credentialed by the board may treat substance use disorder as a specialty if the person is credentialed under s. 440.88 or satisfies the educational and supervised training requirements established in this section. (c) Pursuant to s. SPS 161.01(3)(b), a person who is licensed by the board may provide substance use disorder counseling, treatment or prevention services within the scope of the person’s license. (d) Any credential holder may do all of the following:
