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.
(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.
SB1,285Section 285. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to read: 457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.
(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:
(a) The individual satisfies the requirements in s. 457.06.
(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).
(bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.
(d) The individual passes an examination described under s. 457.16 (1) (b), if required.
(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:
(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).
(b) The individual applies for the privilege to practice in the manner prescribed by the department.
(c) The individual pays any fee established by the department under s. 457.51 (2).
(d) The individual passes an examination described under s. 457.16 (1) (b), if required.
(4m) Types of license. (a) A professional counselor license granted under sub. (1m) may be either of the following:
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.
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.
(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.
SB1,286Section 286. 457.125 of the statutes is created to read: 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.
(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.
SB1,287Section 287. 457.13 (1) (c) of the statutes is amended to read: 457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).
SB1,288Section 288. 457.14 (1) (f) of the statutes is amended to read: 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).
SB1,289Section 289. 457.15 (3) of the statutes is amended to read: 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).
SB1,290Section 290. 457.16 (1) of the statutes is renumbered 457.16 (1) (a). SB1,291Section 291. 457.16 (1) (b) of the statutes is created to read: 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).
SB1,292Section 292. 457.18 of the statutes is created to read: 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:
(1) Practice professional counseling in this state, subject to s. 457.50 (4).
(2) Practice professional counseling in this state via telehealth, as defined in s. 457.50 (2) (y), subject to s. 457.50 (7).
SB1,293Section 293. 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).
SB1,294Section 294. 457.20 (2) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read: 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).
SB1,295Section 295. 457.22 (2) of the statutes is amended to read: 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.
SB1,296Section 296. 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.
SB1,297Section 297. 457.25 (1) of the statutes is renumbered 457.25 (1r). SB1,298Section 298. 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.
SB1,299Section 299. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to read: 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.
(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:
(h) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.
SB1,300Section 300. Subchapter II of chapter 457 [precedes 457.50] of the statutes is created to read: CHAPTER 457
SUBCHAPTER II
COUNSELING COMPACT
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:
(a) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;
(b) Enhance the states’ ability to protect the public’s health and safety;
(c) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;
(d) Support spouses of relocating active duty military personnel;
(e) Enhance the exchange of licensure, investigative, and disciplinary information among member states;
(f) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(g) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(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;
(i) Eliminate the necessity for licenses in multiple states; and
(j) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
(2) Definitions. As used in this section, and except as otherwise provided, the following definitions apply:
(a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211.
(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege 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 licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.
(c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
(d) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
(e) “Counseling compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.
(f) “Current significant investigative information” means any of the following:
1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
2. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.
(g) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information.
(h) “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the national practitioners data bank (NPDB).
(i) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
(j) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(k) “Home state” means the member state that is the licensee’s primary state of residence.
(L) “Impaired practitioner” means an individual who has a condition(s) that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
(m) “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.
(n) “Jurisprudence requirement” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.
(o) “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
(p) “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.
(q) “Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.
(r) “Member state” means a state that has enacted the compact.
(s) “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
(t) “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
(u) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
