Amendment SE3 SSA1-SB1

SB1-SSA1,128,8 chapter 457

SB1-SSA1,128,9 Subchapter I

SB1-SSA1,128,12 REGULATION OF MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK

SB1-SSA1,262 Section 262. 457.01 (intro.) of the statutes is amended to read:

SB1-SSA1,128,14 457.01 Definitions. (intro.) In this chapter subchapter:

SB1-SSA1,263 Section 263. 457.01 (1c) of the statutes is amended to read:

SB1-SSA1,128,19 457.01 (1c) “Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the social worker section or who is exercising a multistate authorization to practice under a master's-category multistate license.

SB1-SSA1,264 Section 264. 457.01 (1g) of the statutes is amended to read:

SB1-SSA1,128,22 457.01 (1g) “Certificate holder" means an individual who is certified under this chapter subchapter.

SB1-SSA1,265 Section 265. 457.01 (1r) of the statutes is amended to read:

SB1-SSA1,129,2 457.01 (1r) “Clinical social worker" means an individual who holds a license to practice clinical social work granted by the social worker section or who is exercising a multistate authorization to practice under a clinical-category multistate license.

SB1-SSA1,266 Section 266. 457.01 (1t) of the statutes is created to read:

SB1-SSA1,129,5 457.01 (1t) “Counseling compact” means the counseling compact under s. 457.50.

SB1-SSA1,267 Section 267. 457.01 (1w) of the statutes is amended to read:

SB1-SSA1,129,8 457.01 (1w) “Credential" means a license or, certificate, or privilege to practice granted under this chapter subchapter.

SB1-SSA1,268 Section 268. 457.01 (2r) of the statutes is amended to read:

SB1-SSA1,129,11 457.01 (2r) “Licensee" means a person who is licensed under this chapter subchapter.

SB1-SSA1,269 Section 269. 457.01 (5g) of the statutes is created to read:

SB1-SSA1,129,16 457.01 (5g) “Multistate authorization to practice” means the multistate authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice the appropriate category of social work in this state under a multistate license granted by another state that is a party to the social work licensure compact.

SB1-SSA1,270 Section 270. 457.01 (5m) of the statutes is created to read:

SB1-SSA1,129,18 457.01 (5m) “Multistate license” has the meaning given in s. 457.70 (2) (r).

SB1-SSA1,271 Section 271. 457.01 (5r) of the statutes is created to read:

SB1-SSA1,129,20 457.01 (5r) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

SB1-SSA1,272 Section 272. 457.01 (7) of the statutes is amended to read:

SB1-SSA1,129,24 457.01 (7) “Professional counselor" means an individual who holds a license to practice professional counseling granted by the professional counselor section or who holds a valid professional counselor privilege to practice in this state.

SB1-SSA1,273 Section 273. 457.01 (10) of the statutes is amended to read:

SB1-SSA1,130,3 457.01 (10) “Social worker" means an individual who holds a social worker certificate granted by the social worker section or who is exercising a multistate authorization to practice under a bachelor's-category multistate license.

SB1-SSA1,274 Section 274. 457.01 (12) of the statutes is created to read:

SB1-SSA1,130,6 457.01 (12) “Social work licensure compact” means the social work licensure compact under s. 457.70.

SB1-SSA1,275 Section 275. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c) of the statutes are amended to read:

SB1-SSA1,130,10 457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:

SB1-SSA1,130,19 (1) Require any individual to be certified or licensed under this chapter subchapter in order to use the title “pastoral counselor," “investment counselor," “vocational counselor," “career counselor," “alcohol and drug counselor," “chemical dependency counselor," or “employee assistance counselor," or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter subchapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

SB1-SSA1,130,23 (2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed under this chapter subchapter in order to use the title “school social worker" or “school counselor."

SB1-SSA1,131,4 (3) Require a person who is a psychologist or a psychiatrist to be licensed under this chapter subchapter in order to use the title “marriage and family therapist," “marriage and family counselor," or “professional counselor" if the psychologist or psychiatrist does not use the term “licensed," “certified," or “registered" or any similar term in connection with the title “marriage and family therapist," “marriage and family counselor," or “professional counselor."

SB1-SSA1,131,8 (4) Authorize any individual who is certified or licensed under this chapter subchapter to use the title “school social worker" or “school counselor" unless the individual is licensed as a school social worker or school counselor by the department of public instruction.

SB1-SSA1,131,13 (5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to use the title “alcohol and drug counselor" or “chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department.

SB1-SSA1,131,22 (5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to treat substance use disorder as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.

SB1-SSA1,132,2 (6) (c) Provide a consultation or demonstration with an individual licensed under this chapter subchapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work in another state or territory of the United States.

SB1-SSA1,276 Section 276. 457.03 (1), (1m) and (2) of the statutes are amended to read:

SB1-SSA1,132,11 457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter subchapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter subchapter and approve educational programs and supervised clinical training programs in accordance with those standards.

SB1-SSA1,132,15 (1m) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, and consistent with s. 457.16, promulgate rules establishing examination requirements for certification and licensure under this chapter subchapter.

SB1-SSA1,132,24 (2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and, licensees, and individuals exercising a multistate authorization to practice. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this chapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.

SB1-SSA1,277 Section 277. 457.033 of the statutes is amended to read:

SB1-SSA1,133,12 457.033 Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board and the psychology examining board shall jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter subchapter, an individual who holds a valid professional counselor privilege to practice in this state, or an individual who is exercising a multistate authorization to practice is qualified to perform. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder or, licensee, holder of a professional counselor privilege to practice, or holder of a multistate license may not engage in psychometric testing except as provided under the rules promulgated under this section.

SB1-SSA1,278 Section 278. 457.035 (1) and (2) of the statutes are amended to read:

SB1-SSA1,133,15 457.035 (1) The individual is licensed under this chapter as a clinical social worker, marriage and family therapist, or professional counselor.

SB1-SSA1,133,18 (2) The individual is certified as an advanced practice or independent social worker and the individual engages in psychotherapy only under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.

SB1-SSA1,279 Section 279. 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7) of the statutes are amended to read:

SB1-SSA1,133,23 457.04 (1) Use the title “social worker" unless the person is certified as a social worker under this chapter subchapter or holds a bachelor's-category multistate license granted in another state that is a party to the social work licensure compact.

SB1-SSA1,134,2 (2) Use the title “advanced practice social worker" unless the person is certified as an advanced practice social worker under this chapter subchapter or holds a master's-category multistate license granted in another state that is a party to the social work licensure compact.

SB1-SSA1,134,4 (3) Use the title “independent social worker" unless the person is certified as an independent social worker under this chapter subchapter.

SB1-SSA1,134,15 (4) Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title “clinical social worker" or any other title or designation that represents or may tend to represent the person as a clinical social worker unless the person is licensed as a clinical social worker under this chapter subchapter or holds a clinical-category multistate license granted in another state that is a party to the social work licensure compact or unless the person is certified under this chapter subchapter as an advanced practice social worker or independent social worker or holds a master's-category multistate license granted in another state that is a party to the social work licensure compact, and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this chapter.

SB1-SSA1,134,17 (5) (a) The person is licensed as a marriage and family therapist under this chapter subchapter.

SB1-SSA1,134,20 (b) The person is licensed as a clinical social worker under this chapter subchapter and initially became certified as an independent clinical social worker under ch. 457, 1999 stats., on or before May 31, 1995.

SB1-SSA1,135,2 (6) Practice professional counseling or designate himself or herself as a professional counselor or use or assume the title “professional counselor," “professional rehabilitation counselor," “vocational rehabilitation counselor," “rehabilitation counselor," or any other title or designation that represents or may tend to represent the person as a professional counselor unless the person is licensed as a professional counselor under this chapter subchapter or holds a valid professional counselor privilege to practice in this state.

SB1-SSA1,135,5 (7) Practice psychotherapy unless the person is licensed under this chapter or unless the person is a certificate holder who may practice psychotherapy under except in accordance with the rules promulgated under ss. 457.03 and 457.035.

SB1-SSA1,280 Section 280. 457.06 (intro.) of the statutes is amended to read:

SB1-SSA1,135,10 457.06 General requirements for certification or licensure. (intro.) The social worker section, marriage and family therapist section, or professional counselor section may not grant any certificate or license under this chapter subchapter unless the applicant does all of the following:

SB1-SSA1,281 Section 281. 457.08 (4m) of the statutes is created to read:

SB1-SSA1,135,13 457.08 (4m) Multistate social work licenses. (a) The social worker section shall grant a clinical-category multistate license to any of the following:

SB1-SSA1,135,16 1. An individual who holds or is eligible for a clinical social worker license under sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays the fee specified in s. 440.05 (1).

SB1-SSA1,135,20 2. An individual who holds a clinical-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary domicile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB1-SSA1,135,22 (b) The social worker section shall grant a master's-category multistate license to any of the following:

SB1-SSA1,135,25 1. An individual who holds or is eligible for an advanced practice social worker certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c), and pays the fee specified in s. 440.05 (1).

SB1-SSA1,136,4 2. An individual who holds a master's-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary domicile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB1-SSA1,136,6 (c) The social worker section shall grant a bachelor's-category multistate license to any of the following:

SB1-SSA1,136,9 1. An individual who holds or is eligible for a social worker certificate under sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee specified in s. 440.05 (1).

SB1-SSA1,136,13 2. An individual who holds a bachelor's-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary domicile to this state, satisfies the requirements under s. 457.70 (7) (b) and pays the fee specified in s. 440.05 (1).

SB1-SSA1,282 Section 282. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to read:

SB1-SSA1,136,18 457.09 (2) (b) A social worker training certificate holder is a social worker certified under this chapter subchapter for purposes of any law governing social workers certified under this chapter subchapter.

SB1-SSA1,136,21 (4) (b) 1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

SB1-SSA1,136,24 2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

SB1-SSA1,283 Section 283. 457.12 (title) of the statutes is amended to read:

SB1-SSA1,137,1 457.12 (title) Professional counselor license; privilege to practice.

SB1-SSA1,284 Section 284. 457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m) (intro.), (a), (b), (c) (intro.), 1. d. and 2. d. and (d), as renumbered, are amended to read:

SB1-SSA1,137,7 457.12 (1m) License. (intro.) The professional counselor section shall, subject to sub. (4m), grant a professional counselor license to any individual who does to whom all of the following apply:

SB1-SSA1,137,8 (a) Satisfies The individual satisfies the requirements in s. 457.06.

SB1-SSA1,137,12 (b) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the professional counselor section.

SB1-SSA1,137,14 (c) (intro.) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has done any of the following:

SB1-SSA1,137,18 1. d. An individual, other than an individual specified in subd. 1., 2., or 3. a., b., or c., who is approved by the professional counselor section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional counselor section.

SB1-SSA1,137,22 2. d. An individual, other than an individual specified in subd. 1., 2., or 3. a., b., or c., who is approved by the professional counselor section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional counselor section.

SB1-SSA1,137,25 (d) Passes The individual passes one or more examinations under s. 457.16 approved by the professional counselor section to determine minimum competence to practice professional counseling.

SB1-SSA1,285 Section 285. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to read:

SB1-SSA1,138,4 457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.

SB1-SSA1,138,7 (2m) License based upon privilege to practice. The professional counselor section shall grant a professional counselor license to any individual to whom all of the following apply:

SB1-SSA1,138,8 (a) The individual satisfies the requirements in s. 457.06.

SB1-SSA1,138,11 (b) The individual holds a home state license in another state that is a party to the counseling compact, has changed his or her primary state of residence to this state, and satisfies all other requirements under s. 457.50 (5).

SB1-SSA1,138,13 (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.

SB1-SSA1,138,15 (d) The individual passes an examination described under s. 457.16 (1) (b), if required.