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STATE OF WISCONSIN
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 16-000)
ORDER
An order of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to repeal MPSW 11.02, 12.03, 12.04 and 14.04; to amend MPSW 11.04 (intro) and (2); and to repeal and recreate MPSW 11.01, 11.035, 11.04 (3), (4), and (5), 12.01, 12.02 and 14.02 and create 10.01 (2) relating to licensure, education, exam and supervised practice of professional counseling.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:   ss 457.12, 457.13, 457.14, and 457.15 (3), Stats.
Statutory authority: ss. 15.08 (5) (b) and 457.03 (1), Stats.
Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and for 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 trade or profession. [s. 15.08 (5) (b), Stats.]
The examining board shall upon the advice of the…marriage and family therapist section…promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as …marriage and family therapist under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards. [457.03 (1), Stats.]
Related statute or rule: n/a
Plain language analysis:
Section 1 creates a definition for face-to-face to allow for electronic communication.
Section 2 repeals and recreates the licensure requirements. An applicant is required to file an application with fee, provide evidence of a degree in professional counseling or equivalent, evidence of completion of 3,000 supervised hours, pass a national exam and not have an arrest or conviction record related to professional counseling.
Section 3 repeals the section on approved examinations due to the list of examinations is now incorporated in the licensure requirements.
Section 4 repeals and recreates temporary licenses to clarify the requirements and allow for one renewal of the temporary license to bring into compliance with statutes.
Sections 5, 6, and 7 clarifies reciprocal license, removes an incorrect citations and brings the provision into statutory compliance.
Section 8 repeals and recreates the supervised practice requirement. An applicant is required to complete a supervised practice requirement while holding a training license. Supervision in another state will be recognized for obtaining a license in Wisconsin.
Section 9 repeals and recreates the section relating to the supervised practice. The supervisor must be one of the following: an individual licensed as professional counselor with a doctorate degree; an individual licensed as a professional counselor who has engaged in the practice of professional counseling for 5 years; a psychiatrist; a psychologist; a person employed by the division of vocational rehabilitation as a vocational rehabilitation supervisor who is licensed a professional counselor or engaged in the equivalent of 5 years of professional counseling; or an individual who is approved in advance by the section based upon evidence of 5 years of experience in counseling practice. Supervisor responsibilities include: face-to-face supervision at a frequency and duration as determined by the supervisor but averages out to one hour per week; permit the supervisee to engage only in professional counseling services the supervisor can competently perform; be available for emergency consultation or intervention; be legally and ethically responsible for the supervised activities of the supervisee; be able to interrupt or stop the supervisee from practicing in given cases; and to terminate the supervised relationship. Group supervision may occur in groups no more than 6 persons for every 1 person providing supervision and each person receives credit for one hour for each hour the group meets for supervision.
Section 10 repeals the pre-licensure supervised practice outcome requirement and limitations on group supervision as it is addressed under Section 9.
Section 11 repeals and recreates the academic program equivalent to a doctorate in professional counseling. The doctoral program shall consist of the following: a minimum of 4 academic years of graduate level preparation with a minimum of 96 semester credits; a supervised doctoral level practicum of a minimum of 100 hours in counseling, of which 40 must be in direct service with clients; an internship that totals a minimum of 600 hours; and the practicum and internship require weekly individual or triadic supervision.
Section 12 repeals MPSW 14.04 which is no longer necessary due to CR 13-117 creating MPSW 19 which went into effect on March 1, 2015.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
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