On
May 19, 2006 Governor Jim Doyle signed 2005 Wisconsin Act 422 to
amend the statutes relating to certificates granted by the Marriage
and Family Therapy, Professional Counseling, and Social Work Examining
Board and eligibility requirements for training certificates for
marriage and family therapists and professional counselors.
Effect
on State Law Governing Marriage & Family Therapy and Professional
Counselor Training Licenses
Under
current law, pursuant to Chapter 457 Wis. Stats., training licenses
(formerly known as “training certificates) are required in order
to accumulate post-graduate supervised practice hours. Those hours
are a prerequisite for individuals who wish to be licensed as either
professional counselors or marriage and family therapists.
Prior
to the passage of Wisconsin Act 422, law required that those hours
be obtained with full-time employment and within two years. However,
training certificates were not renewable under the provision of
the statute.
Act
422 changes the “training certificate” to a “training license”.
It eliminates the requirement for full-time employment and instead
permits trainees to be in a position, under supervision, as professional
counselors or marriage and family therapists, thereby permitting
them to be in either paid or unpaid positions while they accumulate
their required hours of training. It also includes a renewal provision,
extending the timeframe for obtaining the supervised hours to forty-eight
(48) months, with the possibility for an extension, if needed. For
those pursuing licensure as a marriage and family therapist, Act
422 allows individuals who are enrolled in certain graduate or postgraduate
marriage and family therapy programs to obtain training licenses.
Act 422 does not effect the existing training certificates which
will expire 24 months after issuance, as per previous law. Current
holders of training certificates may choose to apply at any time
for the new training license,
or continue to practice under the existing certificate until expiration.
Effective January 1, 2006,
the Marriage and Family Therapy, Professional Counseling and Social
Work Joint Examining Board updated its rules regarding the record
keeping requirements of clinical services provided by licensed marriage
and family therapists, professional counselors and clinical social
workers. The rules now specify clinical record contents as well
as timelines for record preparation and retention.
Please make note of this change to MPSW 20.02 (18) Unprofessional Conduct and update your codebook if it was published prior to January 1, 2006.
Foreign degrees
A new rule was approved by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board on April 20, 2004 which permits the credentialing of applicants with degrees from foreign institutions. The applicant must obtain a determination from a national accrediting organization that the degree is equivalent to a marriage and family therapy, professional counseling, or social work degree, and if the applicant's education was received in a foreign language, the applicant must demonstrate proficiency in English. The full text of the new rule may be obtained from the department.
Record-keeping
The current record-keeping rule in MPSW 20.02 (18) says that unprofessional conduct includes “failing to maintain adequate records relating to services provided a client in the course of a professional relationship.” The proposed rule would add the following language:
A licensee providing clinical services to a client must maintain records documenting an assessment, a diagnosis, a treatment plan, progress notes, and a discharge summary. All clinical records must be prepared in a timely fashion. Absent exceptional circumstances, clinical records should be prepared not more than a week following client contact, and a discharge summary should be prepared promptly following closure of the client's case. Clinical records must be maintained for at least five years after the last service provided.
AODA
The initial draft of rules to permit LMFTs, LPCs and LCSWs to treat alcohol or substance dependency or abuse as a specialty reads as follows:
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 of health and family services.
(b) A person credentialed by the board who treats alcohol or substance dependency or abuse in a clinic certified under ch. HFS 75, Wis. Admin. Code, must be a substance abuse counselor as defined in s. HFS 75.02 (84), Wis. Admin. Code.
(c) A person credentialed by the board may treat alcohol or substance dependency or abuse as a specialty only if he or she is qualified to do so by education, training and experience. In order to treat persons with a DSM diagnosis of substance dependence, to treat the substance dependence issues of a person with a dual diagnosis , to advertise as an AODA specialist, or to be employed in a position identified as an AODA specialist, a person credentialed by the board who provides services in a setting other than a clinic certified under ch. HFS 75, Wis. Admin. Code, must either be certified as a substance abuse counselor under s. HFS 75.02 (84) , or must be authorized by the board to treat alcohol or substance dependence or abuse as a specialty after satisfying all of the requirements in s. (2).
(d) Any credential-holder may prepare a client for substance dependence treatment by referral, may continue to work with a client until a referral for dependence treatment is completed, may continue to work with the non-AODA issues of a person who had been referred for dependence treatment, and may continue to treat a client who is in recovery following treatment for substance dependence.
(2) Qualifications. To be authorized by the board to treat alcohol or substance dependence or abuse as a specialty, a person credentialed by the board must submit evidence of:
(a) Successful passage of the ICRC written counselor certification examination.
(b) At least 1,000 hours of face-to-face client counseling experience , supervised by an individual defined in sub. (4), with individuals diagnosed with substance use disorders, which can be either the same as or separate from the hours for initial licensure.
(c) 180 contact hours of AODA- relevant education across the following four knowledge domains, further defined in the U.S. department of health and human services technical assistance publication series number 21 (TAP-21):
1. Understanding addiction.
a. Understand a variety of models and theories of addiction and other problems related to substance use.
b. Recognize the social, political, economic and cultural context within which addiction and substance abuse exist, including risk and resiliency factors that characterize individuals and groups and their living environments.
c. Describe the behavioral, psychological, physical health, and social effects of psychoactive substances on the user and significant others.
d. Recognize the potential for substance use disorders to mimic a variety of medical and psychological disorders and the potential for medical and psychological disorders to co-exist with addiction and substance abuse.
2. Treatment knowledge.
a. Describe the philosophies, practices, policies and outcomes of the most generally accepted and scientifically supported models of treatment, recovery, relapse prevention, and continuing care for addiction and other substance-related problems.
b. Recognize the importance of family, social networks, and community systems in the treatment and recovery process.
c. Understand the importance of research and outcome data and their application in clinical practice.
d. Understand the value of an interdisciplinary approach to addiction treatment.
3. Application to practice.
a. Understand the established diagnostic criteria for substance use disorders and describe treatment modalities and placement criteria within the continuum of care.
b. Describe a variety of helping strategies for reducing the negative effects of substance use, abuse and dependence.
c. Tailor helping strategies and treatment modalities to the client's stage of dependence, change or recovery.
d. Provide treatment services appropriate to the personal and cultural identity and language of the client.
e. Adapt practice to the range of treatment settings and modalities.
f. Be knowledgeable in medical and pharmacological resources in the treatment of substance use disorders.
g. Understand the variety of insurance and health maintenance options available and the importance of helping clients access those benefits.
h. Recognize that crisis may indicate an underlying substance use disorder and may be a window of opportunity for change.
i. Understand the need for and the use of methods for measuring treatment outcome.
4. Professional readiness.
a. Understand diverse cultures and incorporate the relevant needs of culturally diverse groups, as well as people with disabilities, into clinical practice.
b. Understand the importance of self-awareness in one's personal, professional and cultural life.
c. Understand the addiction professional's obligations to adhere to ethical and behavioral standards of conduct in the helping relationship.
d. Understand the importance of ongoing supervision and continuing education in the delivery of client services.
e. Understand the obligation of the addiction professional to participate in prevention as well as treatment.
f. Understand and apply setting-specific policies and procedures for handling crisis or dangerous situations, including safety measures for clients and staff.
(3) Verification and Authorization.
(a) Verification that a credential-holder satisfies the requirements of s. (2) (a), (b) and (c) shall be administered by the Department of Health and Family Services or its designee pursuant to an interagency agreement or other contractual arrangement with the Department of Regulation and Licensing.
(b) Upon verification by the Department of Health and Family Services or its designee that a credential-holder satisfies the requirements of (2) (a), (b) and (c), the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board shall notify the credential-holder and record the credential-holders's authority to treat alcohol or substance dependency or abuse as a specialty.
(4) Practice Under Supervision.
(a) The following individuals are qualified to supervise face-to-face client counseling experience by credential-holders:
1. a Licensed Marriage and Family Therapist knowledgeable in psychopharmacology and addiction treatment;
2. a Licensed Professional Counselor knowledgeable in psychopharmacology and addiction treatment;
3. a Licensed Clinical Social Worker knowledgeable in psychopharmacology and addiction treatment;
4. a Licensed Psychologist knowledgeable in psychopharmacology and addiction treatment;
5. a Licensed Physician knowledgeable in psychopharmacology and addiction treatment;
6. any individual qualified as a supervisor under sec. HFS 75.02 (11).
(b) A credential-holder acquiring supervised experience to satisfy sec. (2) (b), may practice under the supervision of an individual qualified in (a).
(5) Continuing Education. To maintain his or her authority to treat alcohol or substance dependency or abuse as a specialty, a credential-holder must complete at least 10 continuing education hours in alcohol or substance dependency or abuse education during each biennial credentialing period, and will be eligible for credit against the required biennial continuing education requirement for credential renewal for up to 18 hours in alcohol or substance dependency or abuse education.
