STATE OF WISCONSIN
MARRIAGE AND FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK EXAMINING BOARD
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IN THE MATTER OF RULE-MAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : MARRIAGE AND FAMILY THERAPY,
MARRIAGE AND FAMILY THERAPY, : PROFESSIONAL COUNSELING, AND
PROFESSIONAL COUNSELING, AND : SOCIAL WORK EXAMINING BOARD
SOCIAL WORK EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE ____)
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PROPOSED ORDER
An order of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to repeal MPSW 19.03 (1) (a) 5. and 9.; and to create MPSW 19.03 (1) (a) 16.; relating to continuing education.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats. provides that each board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains. Section 227.11 (2) (a), Stats. provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.” Section 457.03 (3), Stats. provides that provides the marriage and family therapy, professional counseling, and social work examining board upon the advice of the social worker section shall “promulgate rules establishing levels of social work practice for individuals with master’s or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under s. 457.08 (2) and (3), and establishing appropriate educational, training, experience, examination, and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.” Section 457.22 (1) (a) to (c), Stats., provides the marriage and family therapy, professional counseling, and social work examining board upon the advice of the social worker section, marriage and family therapist section, and the professional counselor section may promulgate rules “to complete continuing education programs or courses of study in order to qualify for renewal.” Related statute or rule:
None.
Plain language analysis:
The Board has reviewed chapter MPSW 19 in order to update the list of providers of continuing education and has made the following changes to MPSW 19.03 (1) (a):
1.
Repealed MPSW 19.03 (1) (a) 5. because upon research the board could not find that organization to be currently offering continuing education courses.2.
Repealed MPSW 19.03 (1) (a) 9. because it is a duplicate of MPSW 19.03 (1) (a) 6.3.
Created MPSW 19.03 (1) (a) 16. to include the Wisconsin School Social Workers Association.Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
The Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board held a preliminary hearing on the statement of scope for this rule at its January 29, 2024 meeting. No comments were received.
Comparison with rules in adjacent states:
