SB158,39Section 39. Chapter 457 (title) of the statutes is amended to read: CHAPTER 457
MARRIAGE AND FAMILY THERAPY,
PROFESSIONAL COUNSELING, AND
SOCIAL WORK EXAMINING BOARD
SB158,40Section 40. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes is created to read: CHAPTER 457
SUBCHAPTER I
REGULATION OF MARRIAGE AND
FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK
SB158,41Section 41. 457.01 (intro.) of the statutes is amended to read: 457.01 Definitions. (intro.) In this chapter subchapter:
SB158,42Section 42. 457.01 (1c) of the statutes is amended to read: 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.
SB158,43Section 43. 457.01 (1g) of the statutes is amended to read: 457.01 (1g) “Certificate holder” means an individual who is certified under this chapter subchapter.
SB158,44Section 44. 457.01 (1r) of the statutes is amended to read: 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.
SB158,46Section 46. 457.01 (2r) of the statutes is amended to read: 457.01 (2r) “Licensee” means a person who is licensed under this chapter subchapter.
SB158,47Section 47. 457.01 (5g) of the statutes is created to read: 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.
SB158,48Section 48. 457.01 (5i) of the statutes is created to read: 457.01 (5i) “Multistate license” has the meaning given in s. 457.70 (2) (r).
SB158,49Section 49. 457.01 (10) of the statutes is amended to read: 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.
SB158,50Section 50. 457.01 (12) of the statutes is created to read: 457.01 (12) “Social work licensure compact” means the social work licensure compact under s. 457.70.
SB158,51Section 51. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c) of the statutes are amended to read: 457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:
(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.
(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.”
(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.”
(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.
(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.
(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.
(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.
SB158,52Section 52. 457.03 (2) of the statutes, as affected by 2023 Wisconsin Act 55, is amended to read: 457.03 (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 subchapter 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.
SB158,53Section 53. 457.033 of the statutes, as affected by 2023 Wisconsin Act 55, is amended to read: 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 subchapter, or 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, licensee, or 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.
SB158,54Section 54. 457.035 (1) and (2) of the statutes, as affected by 2023 Wisconsin Act 55, are amended to read: 457.035 (1) The individual is licensed under this subchapter as a clinical social worker, marriage and family therapist, or professional counselor or holds a valid professional counselor privilege to practice in this state.
(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.
SB158,55Section 55. 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7) of the statutes are amended to read: 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.
(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.
(3) Use the title “independent social worker” unless the person is certified as an independent social worker under this chapter subchapter.
(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.
(5) (a) The person is licensed as a marriage and family therapist under this chapter subchapter.
(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.
(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.
(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.
SB158,57Section 57. 457.08 (4m) of the statutes is created to read: 457.08 (4m) Multistate social work licenses. (a) The social worker section shall grant a clinical-category multistate license to any of the following:
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).
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).
(b) The social worker section shall grant a master’s-category multistate license to any of the following:
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).
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).
(c) The social worker section shall grant a bachelor’s-category multistate license to any of the following:
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).
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).
SB158,58Section 58. 457.09 (4) (b) 1. and 2. of the statutes, as affected by 2023 Wisconsin Act 55, are amended to read: 457.09 (4) (b) 1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this subchapter who has a bachelor’s or master’s degree in social work.
2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this subchapter who has a bachelor’s or master’s degree in social work.
SB158,59Section 59. 457.20 (1) and (2) of the statutes are amended to read: 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.
(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).
SB158,60Section 60. 457.24 (1) of the statutes is amended to read: 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.
SB158,61Section 61. 457.25 (1) of the statutes is renumbered 457.25 (1r). SB158,62Section 62. 457.25 (1g) of the statutes is created to read: 457.25 (1g) In this section, “credential holder” also includes an individual practicing under a multistate authorization to practice.
SB158,63Section 63. 457.26 (2) (intro.) of the statutes, as affected by 2023 Wisconsin Act 55, is amended to read: 457.26 (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 subchapter or a multistate authorization to practice if it finds that the applicant or credential holder individual has done any of the following:
SB158,64Section 64. Subchapter III of chapter 457 [precedes 457.70] of the statutes is created to read: CHAPTER 457
SUBCHAPTER III
SOCIAL WORK LICENSURE COMPACT
457.70 Social work licensure compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work 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:
(a) Increase public access to social work services;
(b) Reduce overly burdensome and duplicative requirements associated with holding multiple licenses;
(c) Enhance the member states’ ability to protect the public’s health and safety;
(d) Encourage the cooperation of member states in regulating multistate practice;
(e) Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;
(f) Support military families;
(g) Facilitate the exchange of licensure and disciplinary information among member states;
(h) Authorize all member states to hold a regulated social worker accountable for abiding by a member state’s laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and
(i) Allow for the use of telehealth to facilitate increased access to regulated social work services.
(2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:
(a) “Active military member” means any individual with full-time duty status in the active armed forces of the United States including members of the national guard and reserve.
(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual’s license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a regulated social worker’s authorization to practice, including issuance of a cease and desist action.
