Amendment SE3 SSA1-SB1

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.

SB1-SSA1,138,18 (3m) Privilege to practice. The professional counselor section shall grant a professional counselor privilege to practice to any individual to whom all of the following apply:

SB1-SSA1,138,21 (a) The individual holds an unencumbered home state license in another state that is a party to the counseling compact and satisfies all other requirements under s. 457.50 (4).

SB1-SSA1,138,23 (b) The individual applies for the privilege to practice in the manner prescribed by the department.

SB1-SSA1,138,25 (c) The individual pays any fee established by the department under s. 457.51 (2).

SB1-SSA1,139,2 (d) The individual passes an examination described under s. 457.16 (1) (b), if required.

SB1-SSA1,139,4 (4m) Types of license. (a) A professional counselor license granted under sub. (1m) may be either of the following:

SB1-SSA1,139,7 1. A license that, subject to s. 457.50 (4), entitles the holder to obtain and exercise a privilege to practice in other states that are parties to the counseling compact.

SB1-SSA1,139,10 2. A single-state license, which only entitles the holder to practice in this state. Nothing in the counseling compact applies to the holder of a single-state license unless otherwise applicable under this subchapter.

SB1-SSA1,139,12 (b) When applying for a license under sub. (1m), an individual shall specify whether he or she is applying for a license under par. (a) 1. or 2.

SB1-SSA1,286 Section 286. 457.125 of the statutes is created to read:

SB1-SSA1,139,17 457.125 Professional counselor statutes and rules examination. (1) The examining board may not require an applicant for a license to practice as a professional counselor to pass a statutes and rules examination as a condition of receiving an initial license or a license renewal.

SB1-SSA1,139,20 (2) The examining board may require an applicant for a license to practice as a professional counselor to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

SB1-SSA1,287 Section 287. 457.13 (1) (c) of the statutes is amended to read:

SB1-SSA1,139,22 457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).

SB1-SSA1,288 Section 288. 457.14 (1) (f) of the statutes is amended to read:

SB1-SSA1,140,3 457.14 (1) (f) Satisfies the requirements under s. 457.12 (1) to (3) (1m) (a) to (c) and has submitted an application to take the next available examination for licensure under s. 457.12 (4) (1m) (d).

SB1-SSA1,289 Section 289. 457.15 (3) of the statutes is amended to read:

SB1-SSA1,140,12 457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2), the professional counselor section may grant a professional counselor license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the professional counselor section that tests knowledge of state law relating to professional counseling, if the professional counselor section determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.12 (1m).

SB1-SSA1,290 Section 290. 457.16 (1) of the statutes is renumbered 457.16 (1) (a).

SB1-SSA1,291 Section 291. 457.16 (1) (b) of the statutes is created to read:

SB1-SSA1,140,18 457.16 (1) (b) The professional counselor section may, in accordance with par. (a), arrange for an examination that tests an applicant's knowledge of state law relating to the practice of professional counseling in accordance with s. 457.51 (3), if such an examination is required for applicants for licensure under s. 457.12 (1m).

SB1-SSA1,292 Section 292. 457.18 of the statutes is created to read:

SB1-SSA1,140,22 457.18 Practice under counseling compact. An individual who holds a valid privilege to practice in this state may, subject to s. 457.51 (4), do any of the following:

SB1-SSA1,140,23 (1) Practice professional counseling in this state, subject to s. 457.50 (4).

SB1-SSA1,140,25 (2) Practice professional counseling in this state via telehealth, as defined in s. 457.50 (2) (y), subject to s. 457.50 (7).

SB1-SSA1,293 Section 293. 457.20 (1) and (2) of the statutes are amended to read:

SB1-SSA1,141,3 457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter subchapter.

SB1-SSA1,141,6 (2) The renewal dates for certificates and licenses granted under this chapter subchapter, other than training certificates and licenses or temporary certificates or licenses, are specified under s. 440.08 (2) (a).

SB1-SSA1,294 Section 294 . 457.20 (2) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB1-SSA1,141,11 457.20 (2) The renewal dates for certificates and licenses granted under this subchapter, other than training certificates and licenses or temporary certificates or licenses, are specified shall be as determined under s. 440.08 (2) (a).

SB1-SSA1,295 Section 295. 457.22 (2) of the statutes is amended to read:

SB1-SSA1,141,19 457.22 (2) The rules promulgated under sub. (1) may not require an individual to complete more than 30 hours of continuing education programs or courses of study per 2-year period in order to qualify for renewal. The appropriate section of the examining board may waive all or part of the requirements established in rules promulgated under this section if it determines that prolonged illness, disability, or other exceptional circumstances have prevented the individual from completing the requirements.

SB1-SSA1,296 Section 296. 457.24 (1) of the statutes is amended to read:

SB1-SSA1,142,2 457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this chapter may not practice clinical social work, marriage and family therapy, or professional counseling unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this subsection.

SB1-SSA1,297 Section 297. 457.25 (1) of the statutes is renumbered 457.25 (1r).

SB1-SSA1,298 Section 298. 457.25 (1g) of the statutes is created to read:

SB1-SSA1,142,6 457.25 (1g) In this section, “credential holder” also includes an individual practicing under a multistate authorization to practice.

SB1-SSA1,299 Section 299. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to read:

SB1-SSA1,142,12 457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may make investigations and conduct hearings to determine whether a violation of this chapter subchapter or any rule promulgated under this chapter subchapter has occurred.

SB1-SSA1,142,18 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a credential holder or an individual practicing under a multistate authorization to practice or deny, limit, suspend, or revoke a credential under this chapter subchapter or a multistate authorization to practice if it finds that the applicant or credential holder individual has done any of the following:

SB1-SSA1,142,20 (h) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

SB1-SSA1,300 Section 300. Subchapter II of chapter 457 [precedes 457.50] of the statutes is created to read:

SB1-SSA1,142,23 chapter 457

SB1-SSA1,142,24 Subchapter II

SB1-SSA1,142,25 COUNSELING COMPACT

SB1-SSA1,143,7 457.50 Counseling compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

SB1-SSA1,143,9 (a) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

SB1-SSA1,143,10 (b) Enhance the states' ability to protect the public's health and safety;

SB1-SSA1,143,12 (c) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

SB1-SSA1,143,13 (d) Support spouses of relocating active duty military personnel;

SB1-SSA1,143,15 (e) Enhance the exchange of licensure, investigative, and disciplinary information among member states;

SB1-SSA1,143,17 (f) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

SB1-SSA1,143,19 (g) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

SB1-SSA1,143,23 (h) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;