SB391: Bill Text

2023 Senate BILL 391

August 25, 2023 - Introduced by Senators Stafsholt, Pfaff, Ballweg, Cabral-Guevara, Carpenter, James, L. Johnson, Larson, Roys, Spreitzer, Cowles and Hutton, cosponsored by Representatives Tittl, Shelton, C. Anderson, Andraca, Baldeh, Considine, Dittrich, Doyle, Goeben, Gustafson, Jacobson, Joers, Kitchens, Magnafici, Moore Omokunde, Mursau, Ohnstad, Ortiz-Velez, Palmeri, Sinicki, Snyder, Stubbs, Subeck and Vining. Referred to Committee on Health.

SB391,2,5 An Act to renumber 457.25 (1); to renumber and amend 440.03 (13) (c); to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1) (b), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.), 457.01 (1c), 457.01 (1g), 457.01 (1r), 457.01 (1w), 457.01 (2r), 457.01 (10), 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1) and (2), 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2., 457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (e) 4., 800.035 (2m), 905.04 (1) (bm) and (dm) and 905.04 (1) (g); to repeal and recreate 632.89 (1) (dm); and to create 14.897, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. id., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (5g), 457.01 (5r), 457.01 (12), 457.08 (4m), 457.25 (1g) and subchapter III of chapter 457 [precedes 457.70] of the statutes; relating to: ratification of the Social Work Licensure Compact.

Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Social Work Licensure Compact, which provides for the ability of a social worker to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of a Social Work Licensure Compact Commission, which includes one member or administrator of the licensure authorities of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, hiring officers, electing or appointing employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees of member states to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a social worker who is licensed in a home state and satisfies certain other criteria to obtain a multistate license, which allows a social worker to practice social work in all other compact states (remote states) under a multistate authorization to practice. The compact specifies a number of requirements in order for an individual to obtain a social worker multistate license, including holding or being eligible for a social worker license in a home state, paying any required fees, and satisfying a number of criteria that are specific to the category of social work license the individual is seeking—bachelor's, master's, or clinical. A regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may take actions against a social worker's multistate authorization to practice within that remote state, and if any adverse action is taken by a home state against a licensee's multistate license, the social worker's multistate authorization to practice in all other member states is deactivated until all encumbrances have been removed from the multistate license.

3. The ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated data system containing licensure and disciplinary action information on social workers. The compact requires all home state disciplinary orders that impose adverse actions against the license of a regulated social worker to include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.

5. Provisions regarding resolutions of disputes among member states and between member and nonmember states, including a process for termination of a state's membership in the compact if the state defaults on its obligations under the compact.

The compact becomes effective in this state upon enactment by seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB391,1 Section 1. 14.897 of the statutes is created to read:

SB391,3,7 14.897 Social work licensure compact. There is created a social work licensure compact commission as specified in s. 457.70. The delegate on the commission representing this state shall be appointed by the marriage and family therapy, professional counseling, and social work examining board as provided in s. 457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 457.70.

SB391,2 Section 2. 15.405 (7c) (a) 1. of the statutes is amended to read:

SB391,3,10 15.405 (7c) (a) 1. Four social worker members who are certified or licensed under subch. I of ch. 457.

SB391,3 Section 3. 15.405 (7c) (a) 2. of the statutes is amended to read:

SB391,3,13 15.405 (7c) (a) 2. Three marriage and family therapist members who are licensed under subch. I of ch. 457.

SB391,4 Section 4. 15.405 (7c) (a) 3. of the statutes is amended to read:

SB391,4,2 15.405 (7c) (a) 3. Three professional counselor members who are licensed under subch. I of ch. 457.

SB391,5 Section 5. 15.405 (7c) (a) 4. of the statutes is amended to read:

SB391,4,6 15.405 (7c) (a) 4. Three public members who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under subch. I of ch. 457.

SB391,6 Section 6. 15.405 (7c) (am) 1. of the statutes is amended to read:

SB391,4,9 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch. 457 as an advanced practice social worker.

SB391,7 Section 7. 15.405 (7c) (am) 3. of the statutes is amended to read:

SB391,4,12 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch. 457 as a clinical social worker.

SB391,8 Section 8. 15.405 (7c) (c) of the statutes is amended to read:

SB391,4,18 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under subch. I of ch. 457, and all other matters of interest to either the social worker, marriage and family therapist, or professional counselor section shall be acted upon solely by the interested section of the examining board.

SB391,9 Section 9. 46.90 (4) (ab) 4. of the statutes is amended to read:

SB391,4,21 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family therapist certified, as those terms are defined under subch. I of ch. 457.

SB391,10 Section 10. 48.56 (2) of the statutes is amended to read:

SB391,4,25 48.56 (2) Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457, as defined in s. 457.01 (10).

SB391,11 Section 11. 48.561 (2) of the statutes is amended to read:

SB391,5,5 48.561 (2) The department shall employ personnel in a county having a population of 750,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under ch. 457, as defined in s. 457.01 (10).

SB391,12 Section 12. 49.45 (30j) (a) 1. of the statutes is amended to read:

SB391,5,21 49.45 (30j) (a) 1. “Competent mental health professional” means a physician who has completed a residence in psychiatry; a psychologist; a private practice school psychologist who is licensed under ch. 455; a marriage and family therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social worker granted a certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker licensed under s. 457.08 (4), as defined in s. 457.01 (1r); a clinical substance abuse counselor or independent clinical supervisor who is certified under s. 440.88, or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Competent mental health professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB391,13 Section 13. 51.03 (6) (a) of the statutes is amended to read:

SB391,6,10 51.03 (6) (a) In this subsection, “licensed treatment professional" means a physician who has completed a residence in psychiatry; a psychologist; a private practice school psychologist who is licensed under ch. 455; a marriage and family therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social worker licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Licensed treatment professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB391,14 Section 14. 55.043 (1m) (a) 4. of the statutes is amended to read:

SB391,6,13 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and family therapist certified, as those terms are defined under subch. I of ch. 457.

SB391,15 Section 15. 146.81 (1) (hg) of the statutes is amended to read:

SB391,6,16 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed, as those terms are defined under subch. I of ch. 457.

SB391,16 Section 16. 146.89 (1) (r) 6. of the statutes is amended to read:

SB391,6,19 146.89 (1) (r) 6. A social worker who holds a certificate granted under ch. 457, as defined in s. 457.01 (10).

SB391,17 Section 17. 146.89 (1) (r) 7. of the statutes is amended to read:

SB391,6,23 146.89 (1) (r) 7. A marriage and family therapist who is licensed under ch. 457, as defined in s. 457.01 (3) or a professional counselor who is licensed under ch. 457, as defined in s. 457.01 (7).

SB391,18 Section 18. 146.997 (1) (d) 11. of the statutes is amended to read:

SB391,7,2 146.997 (1) (d) 11. A social worker, marriage and family therapist or professional counselor certified, as those terms are defined under subch. I of ch. 457.

SB391,19 Section 19. 180.1901 (1m) (f) of the statutes is amended to read:

SB391,7,5 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457.

SB391,20 Section 20. 252.14 (1) (ar) 7. of the statutes is amended to read:

SB391,7,9 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor certified or licensed, as those terms are defined under subch. I of ch. 457.

SB391,21 Section 21. 252.15 (1) (er) of the statutes is amended to read:

SB391,7,13 252.15 (1) (er) “Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker, as those terms are defined under subch. I of ch. 457.

SB391,22 Section 22. 253.10 (2) (f) of the statutes is amended to read:

SB391,7,19 253.10 (2) (f) “Qualified person assisting the physician" means a social worker certified under ch. 457, as defined in s. 457.01 (10), a registered nurse or a physician assistant to whom a physician who is to perform or induce an abortion has delegated the responsibility, as the physician's agent, for providing the information required under sub. (3) (c) 2.

SB391,23 Section 23. 256.215 (2) (b) of the statutes is amended to read:

SB391,8,2 256.215 (2) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the appropriate service level to be used by a community paramedic or a community emergency medical services practitioner. The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch. I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.

SB391,24 Section 24. 257.01 (1) (a) of the statutes is amended to read:

SB391,8,6 257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.

SB391,25 Section 25. 257.01 (1) (b) of the statutes is amended to read:

SB391,8,12 257.01 (1) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a psychologist under ch. 455 or certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor under subch. I of ch. 457, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

SB391,26 Section 26. 303.08 (1) (f) of the statutes is amended to read:

SB391,8,20 303.08 (1) (f) Obtaining counseling or therapy from an approved public treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, as defined in s. 457.01 (1r), a professional counselor licensed under ch. 457, or a certified, as defined in s. 457.01 (7), an independent social worker, as defined in s. 457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c), who is authorized to practice psychotherapy under subch. I of ch. 457.

SB391,27 Section 27. 440.03 (11m) (c) 2u. of the statutes is created to read:

SB391,8,23 440.03 (11m) (c) 2u. The coordinated data system under s. 457.70 (11), if such disclosure is required under the social work licensure compact under s. 457.70.

SB391,28 Section 28. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB391,9,8 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 457.70 (3) (b) 4. and (7) (b) 3.:

SB391,29 Section 29. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB391,9,13 440.03 (13) (c) 1. (intro.) The department shall require an all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints:

SB391,9,15 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB391,9,17 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB391,9,19 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB391,9,20 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB391,9,21 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB391,9,23 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an .

SB391,9,25 g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an

SB391,10,3 h. An applicant for a psychologist license under s. 455.04, and a.

SB391,10,6 z. A person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints.

SB391,10,16 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to i., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SB391,10,19 3. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

SB391,30 Section 30. 440.03 (13) (c) 1. id. of the statutes is created to read:

SB391,10,23 440.03 (13) (c) 1. id. An applicant for any category of social worker multistate license under s. 457.08 (4m) when required pursuant to the social work licensure compact under s. 457.70.