STATE OF WISCONSIN
MARRIAGE AND FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK EXAMINING BOARD
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 )
PROPOSED ORDER
An order of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to amend MPSW 11.01 (title), 11.04 (intro), 20.02 (intro), and 20.02 (2) and (4); and to create MPSW 10.01 (1g), (1h), (3), (5m), 11.05, and 11.06; relating to counseling compact.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted:
Subchapter II of chapter 457, Stats.
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., states that an examining board “[s]hall 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.” Section 227.11 (2) (a), Stats., states that “[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…” Related statute or rule:
Plain language analysis:
_Hlk46206682The Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board conducted a comprehensive evaluation of its rules to implement the Counseling Compact established by 2023 Wisconsin Act 55 to ensure clarity and consistency with applicable Wisconsin statutes. The following updates were made: — Created definitions of “counseling compact”, “privilege to practice” and “single state license”.
— Identify the requirements for obtaining a license based upon the privilege to practice and also the requirements to obtain a privilege to practice.
— Amended the unprofessional conduct requirements in MPSW 20 to also apply to those practicing in Wisconsin under a privilege to practice.
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 scope statement for this rule at its July 16, 2024 meeting. No comments were received.
Comparison with rules in adjacent states:
Illinois
Illinois is not a member state of the Counseling Compact yet, though in 2024 they introduced legislation to become part of the Compact.
Iowa
Iowa is a member of the Counseling Compact and has incorporated the rules of the Counseling Compact Commission by reference in their Administrative Code. [481 IAC 891.4 (147)] The full extent of the provisions for privilege to practice and license based on a privilege to practice are contained in section 147H.1 of the Iowa Statutes.
