SB196: Bill Text

SB196,,26 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 subch. I of ch. 457.

SB196,12 Section 12. 49.45 (30j) (a) 1. of the statutes is amended to read:

SB196,,28 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 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker granted who holds a certificate under s. 457.08 (2); an independent social worker granted who holds a certificate under s. 457.08 (3); a clinical social worker who is licensed under s. 457.08 (4); 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, or privilege is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB196,13 Section 13. 51.03 (6) (a) of the statutes is amended to read:

SB196,,30 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 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker granted who holds a certificate under s. 457.08 (2); an independent social worker who is licensed under s. 457.08 (3); a clinical social worker who is licensed under s. 457.08 (4); 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, or privilege is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB196,14 Section 14. 55.043 (1m) (a) 4. of the statutes is amended to read:

SB196,,32 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and family therapist certified under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,15 Section 15. 146.81 (1) (hg) of the statutes is amended to read:

SB196,,34 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,16 Section 16. 146.89 (1) (r) 6. of the statutes is amended to read:

SB196,,36 146.89 (1) (r) 6. A social worker who holds a certificate granted under subch. I of ch. 457.

SB196,17 Section 17. 146.89 (1) (r) 7. of the statutes is amended to read:

SB196,,38 146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch. I of ch. 457 or a professional counselor who is licensed under subch. I of ch. 457.

SB196,18 Section 18. 146.997 (1) (d) 11. of the statutes is amended to read:

SB196,,40 146.997 (1) (d) 11. A social worker, marriage and family therapist or professional counselor certified under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,19 Section 19. 180.1901 (1m) (f) of the statutes is amended to read:

SB196,,42 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457.

SB196,20 Section 20. 252.14 (1) (ar) 7. of the statutes is amended to read:

SB196,,44 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,21 Section 21. 252.15 (1) (er) of the statutes is amended to read:

SB196,,46 252.15 (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 under subch. I of ch. 457.

SB196,22 Section 22. 253.10 (2) (f) of the statutes is amended to read:

SB196,,48 253.10 (2) (f) “Qualified person assisting the physician” means a social worker certified under subch. I of ch. 457, 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.

SB196,23 Section 23. 256.215 (2) (b) of the statutes is amended to read:

SB196,,50 256.215 (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.

SB196,24 Section 24. 257.01 (1) (a) of the statutes is amended to read:

SB196,,52 257.01 (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.

SB196,25 Section 25. 257.01 (1) (b) of the statutes is amended to read:

SB196,,54 257.01 (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.

SB196,26 Section 26. 303.08 (1) (f) of the statutes is amended to read:

SB196,,56 303.08 (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, a professional counselor licensed under ch. 457, as defined in s. 457.01 (7), or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under subch. I of ch. 457.

SB196,27 Section 27. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB196,,58 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2) by doing all of the following:

SB196,28 Section 28. 440.03 (9) (a) 2. of the statutes is amended to read:

SB196,,60 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB196,29 Section 29. 440.03 (11m) (c) 2u. of the statutes is created to read:

SB196,,62 440.03 (11m) (c) 2u. The coordinated database and reporting system under s. 457.50 (10), if such disclosure is required under the counseling compact under s. 457.50.

SB196,30 Section 30. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB196,,64 440.03 (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 457.50 (3) (b) 3. and (5) (b) 2. a.:

SB196,31 Section 31. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB196,,66 440.03 (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:

SB196,,67 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB196,,68 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB196,,69 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB196,,70 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB196,,71 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB196,,72 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB196,,73 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

SB196,,74 h. An applicant for a psychologist license under s. 455.04, and a.

SB196,,75 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.

SB196,,76 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.

SB196,,77 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.

SB196,32 Section 32. 440.03 (13) (c) 1. i. of the statutes is created to read:

SB196,,79 440.03 (13) (c) 1. i. An applicant for a professional counselor license or privilege to practice under s. 457.12 when required pursuant to the counseling compact under s. 457.50.

SB196,33 Section 33. 440.03 (14) (am) of the statutes is amended to read:

SB196,,81 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under subch. I of ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

SB196,34 Section 34. 440.043 (1) of the statutes is amended to read:

SB196,,83 440.043 (1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral health.

SB196,35 Section 35. 440.094 (1) (c) 14. of the statutes is amended to read:

SB196,,85 440.094 (1) (c) 14. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a clinical substance abuse counselor certified under s. 440.88.

SB196,36 Section 36. 440.15 of the statutes is amended to read:

SB196,,87 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 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., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.

SB196,37 Section 37. 446.01 (1v) (m) of the statutes is amended to read:

SB196,,89 446.01 (1v) (m) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457. “Health care professional” also includes an individual who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,38 Section 38. 448.08 (4) of the statutes is amended to read:

SB196,,91 448.08 (4) Professional partnerships and corporations permitted. Notwithstanding any other provision in this section, it is lawful for 2 or more physicians, who have entered into a bona fide partnership for the practice of medicine, to render a single bill for such services in the name of such partnership, and it also is lawful for a service corporation to render a single bill for services in the name of the corporation, provided that each individual licensed, registered or certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459 that renders billed services is individually identified as having rendered such services.

SB196,39 Section 39. 448.67 (4) of the statutes is amended to read:

SB196,,93 448.67 (4) Billing by professional partnerships and corporations. If 2 or more podiatrists have entered into a bona fide partnership or formed a service corporation for the practice of podiatry, the partnership or corporation may not render a single bill for podiatry services provided in the name of the partnership or corporation unless each individual licensed, registered or certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459, who provided services is individually identified on the bill as having rendered those services.

SB196,40 Section 40. 450.10 (3) (a) 10. of the statutes is amended to read:

SB196,,95 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,41 Section 41. Chapter 457 (title) of the statutes is amended to read:

SB196,,100 CHAPTER 457 MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK EXAMINING BOARD

SB196,42 Section 42. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes is created to read:

SB196,,102 CHAPTER 457

SB196,,103 SUBCHAPTER I

SB196,,106 REGULATION OF MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK

SB196,43 Section 43. 457.01 (intro.) of the statutes is amended to read:

SB196,,108 457.01 Definitions. (intro.) In this chapter subchapter:

SB196,44 Section 44. 457.01 (1g) of the statutes is amended to read:

SB196,,110 457.01 (1g) “Certificate holder” means an individual who is certified under this chapter subchapter.

SB196,45 Section 45. 457.01 (1t) of the statutes is created to read:

SB196,,112 457.01 (1t) “Compact” means the counseling compact under s. 457.50.

SB196,46 Section 46. 457.01 (1w) of the statutes is amended to read:

SB196,,114 457.01 (1w) “Credential” means a license or, certificate, or privilege to practice granted under this chapter subchapter.

SB196,47 Section 47. 457.01 (2r) of the statutes is amended to read:

SB196,,116 457.01 (2r) “Licensee” means a person who is licensed under this chapter subchapter.

SB196,48 Section 48. 457.01 (5m) of the statutes is created to read:

SB196,,118 457.01 (5m) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

SB196,49 Section 49. 457.01 (7) of the statutes is amended to read: