SB391: Bill Text

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

SB391,,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.

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

SB391,,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.

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

SB391,,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, 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,,58 440.03 (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,,60 440.03 (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,,62 440.03 (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,,63 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB391,,64 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB391,,65 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB391,,66 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB391,,67 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB391,,68 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB391,,69 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,,70 h. An applicant for a psychologist license under s. 455.04, and a.

SB391,,71 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,,72 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,,73 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,,75 440.03 (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.

SB391,31 Section 31. 440.03 (14) (am) of the statutes is amended to read:

SB391,,77 440.03 (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.

SB391,32 Section 32. 440.043 (1) of the statutes is amended to read:

SB391,,79 440.043 (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.

SB391,33 Section 33. 440.094 (1) (c) 14. of the statutes is amended to read:

SB391,,81 440.094 (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.

SB391,34 Section 34. 440.15 of the statutes is amended to read:

SB391,,83 440.15 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 457.70 (3) (b) 4. and (7) (b) 3., 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.

SB391,35 Section 35. 446.01 (1v) (m) of the statutes is amended to read:

SB391,,85 446.01 (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 a multistate authorization to practice, as defined in s. 457.70 (2) (q), under any category of social worker multistate license, as defined in s. 457.70 (2) (r), in this state.

SB391,36 Section 36. 448.08 (4) of the statutes is amended to read:

SB391,,87 448.08 (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.

SB391,37 Section 37. 448.67 (4) of the statutes is amended to read:

SB391,,89 448.67 (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.

SB391,38 Section 38. 450.10 (3) (a) 10. of the statutes is amended to read:

SB391,,91 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457, as those terms are defined under subch. I of ch. 457.

SB391,39 Section 39. Chapter 457 (title) of the statutes is amended to read:

SB391,,96 CHAPTER 457 MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK EXAMINING BOARD

SB391,40 Section 40. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes is created to read:

SB391,,98 CHAPTER 457

SB391,,99 SUBCHAPTER I

SB391,,102 REGULATION OF MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK

SB391,41 Section 41. 457.01 (intro.) of the statutes is amended to read:

SB391,,104 457.01 Definitions. (intro.) In this chapter subchapter:

SB391,42 Section 42. 457.01 (1c) of the statutes is amended to read:

SB391,,106 457.01 (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.

SB391,43 Section 43. 457.01 (1g) of the statutes is amended to read:

SB391,,108 457.01 (1g) “Certificate holder” means an individual who is certified under this chapter subchapter.

SB391,44 Section 44. 457.01 (1r) of the statutes is amended to read:

SB391,,110 457.01 (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.

SB391,45 Section 45. 457.01 (1w) of the statutes is amended to read:

SB391,,112 457.01 (1w) “Credential” means a license or certificate granted under this chapter subchapter.

SB391,46 Section 46. 457.01 (2r) of the statutes is amended to read:

SB391,,114 457.01 (2r) “Licensee” means a person who is licensed under this chapter subchapter.

SB391,47 Section 47. 457.01 (5g) of the statutes is created to read:

SB391,,116 457.01 (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.

SB391,48 Section 48. 457.01 (5r) of the statutes is created to read:

SB391,,118 457.01 (5r) “Multistate license” has the meaning given in s. 457.70 (2) (r).

SB391,49 Section 49. 457.01 (10) of the statutes is amended to read:

SB391,,120 457.01 (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.

SB391,50 Section 50. 457.01 (12) of the statutes is created to read:

SB391,,122 457.01 (12) “Social work licensure compact” means the social work licensure compact under s. 457.70.

SB391,51 Section 51. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c) of the statutes are amended to read:

SB391,,124 457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:

SB391,,125 (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.

SB391,,126 (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.”

SB391,,127 (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.”

SB391,,128 (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.

SB391,,129 (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.

SB391,,130 (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.

SB391,,131 (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.

SB391,52 Section 52. 457.03 (1), (1m) and (2) of the statutes are amended to read:

SB391,,133 457.03 (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.

SB391,,134 (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.

SB391,,135 (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.

SB391,53 Section 53. 457.033 of the statutes is amended to read:

SB391,,137 457.033 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, 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, or holder of a multistate license may not engage in psychometric testing except as provided under the rules promulgated under this section.

SB391,54 Section 54. 457.035 (1) and (2) of the statutes are amended to read:

SB391,,139 457.035 (1) The individual is licensed under this chapter as a clinical social worker, marriage and family therapist, or professional counselor.

SB391,,140 (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.

SB391,55 Section 55. 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7) of the statutes are amended to read:

SB391,,142 457.04 (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.

SB391,,143 (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.

SB391,,144 (3) Use the title “independent social worker” unless the person is certified as an independent social worker under this chapter subchapter.