SE3 SB1: Text as Enrolled

SB1,81 Section 81. 257.01 (1) (a) of the statutes is amended to read:

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.

SB1,82 Section 82. 257.01 (1) (b) of the statutes is amended to read:

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.

SB1,83 Section 83. 303.08 (1) (f) of the statutes is amended to read:

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.

SB1,84 Section 84. 440.023 of the statutes is created to read:

440.023 Occupational license review council. (1) Definitions. In this section:

(a) “Council” means the occupational license review council.

(b) “Occupational license” means any of the following:

1. A license, permit, certification, registration, or other approval granted under s. 167.10 (6m) or under ch. 101 or 145 or under chs. 440 to 480.

2. A license, permit, certification, registration, or other approval not included under subd. 1., if granted to a person by this state in order that the person may engage in a profession, occupation, or trade in this state or in order that the person may use one or more titles in association with his or her profession, occupation, or trade.

(2) Report. No later than December 31, 2024, and no later than December 31 of every 10th year thereafter, the council shall submit a report to the governor, the chief of the legislative reference bureau, and the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). In preparing the report, the council shall take into account the impact the council estimates its recommendations will have on state revenues and expenditures. The report shall include all of the following:

(a) The council’s recommendations for the elimination of occupational licenses or the modification of laws and rules governing occupational licenses based on all of the following:

1. The council’s evaluation of whether the unregulated practice of the profession, occupation, or trade can clearly harm or endanger the health, safety, or welfare of the public, and whether the potential for the harm is recognizable and not remote or speculative.

2. The council’s evaluation of whether the public reasonably benefits from the occupational license requirement.

3. The council’s evaluation of whether the public can be effectively protected by any means other than requiring an occupational license and whether the occupational license is the least restrictive regulation, as defined in s. 13.0963 (4) (b), that will effectively protect the public.

4. The council’s analysis of licensure requirements for the regulated profession, occupation, or trade in other states, including educational and reciprocity requirements.

5. The council’s estimate of the number of individuals or entities that are affected by the occupational license requirement.

6. The council’s estimate of the total financial burden imposed on individuals or entities as a result of the occupational licensure requirement, including education or training costs, examination fees, private credential fees, occupational license fees imposed by the state, and other costs individuals or entities incur in order to obtain the required occupational license.

7. Any statement or analysis provided by the agency or board administering the occupation license.

(b) The council’s recommendations for the reduction or elimination of continuing and other education requirements for occupational licenses not recommended for elimination under par. (a).

(3) Legislative action. (a) The legislative reference bureau shall prepare legislation that gives effect to the council’s recommendations under sub. (2).

(b) The joint committee on legislative organization shall introduce without change in each house of the legislature each bill prepared under par. (a), and the bill shall be referred to the appropriate standing committee of each house.

(c) The legislature shall take final action on a bill introduced under par. (b) no later than June 30, 2025, and no later than June 30 of every 10th year thereafter.

(d) A bill introduced under par. (b) is not subject to s. 13.093 (1).

SB1,85 Section 85. 440.03 (9) (a) (intro.) of the statutes is amended to read:

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), 448.9885 (2), 457.51 (2), and 459.71 (2) by doing all of the following:

SB1,86 Section 86. 440.03 (9) (a) 2. of the statutes is amended to read:

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), 448.9885 (2), 457.51 (2), and 459.71 (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.

SB1,87 Section 87. 440.03 (11m) (c) 2c. of the statutes is created to read:

440.03 (11m) (c) 2c. The coordinated data and reporting system under s. 448.988 (8), if such disclosure is required under the PA licensure compact under s. 448.988.

SB1,88 Section 88. 440.03 (11m) (c) 2u. of the statutes is created to read:

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.

SB1,89 Section 89. 440.03 (11m) (c) 2ub. of the statutes is created to read:

440.03 (11m) (c) 2ub. The coordinated data system under s. 457.70 (11), if such disclosure is required under the social work licensure compact under s. 457.70.

SB1,90 Section 90. 440.03 (11m) (c) 2w. of the statutes is created to read:

440.03 (11m) (c) 2w. The coordinated database and reporting system under s. 459.70 (9), if such disclosure is required under the audiology and speech-language pathology interstate compact under s. 459.70.

SB1,91 Section 91. 440.03 (13) (b) (intro.) of the statutes is amended to read:

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 448.988 (3) (a) 5., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and 459.70 (3) (b) 2.:

SB1,92 Section 92. 440.03 (13) (bp), (bt) and (bx) of the statutes are created to read:

440.03 (13) (bp) When conducting an investigation of an arrest or conviction record under par. (a) or (bm), or of any other offense if the offense is reviewable by the department or credentialing board that issues the credential, the department shall review information provided by the applicant to determine the circumstances of each case or offense, except that the department may, in its discretion, complete its investigation without reviewing the circumstances of any of the following types of violations:

1. If the violation occurred more than 5 years before the application date, a first conviction for a violation of s. 346.63 (1) (a), (am), or (b) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) (a), (am), or (b) or the law of another jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog, or a combination thereof or under the influence of any drug that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction’s laws.

2. A violation of s. 125.07 (4) (a) or (b) or a local ordinance that strictly conforms to s. 125.07 (4) (a) or (b) or of a substantially similar law of another jurisdiction.

3. A minor, nonviolent ordinance violation, as determined by the department.

(bt) 1. As an alternative to conducting an investigation of an arrest or conviction record under par. (a) or (bm), or of any other offense if the offense is reviewable by the department or credentialing board that issues the credential, the department may accept a determination made by the applicant’s employer, or by a contracted entity on behalf of the applicant’s employer, that the applicant does not have an arrest or conviction record and that the applicant has not committed any other offense that is reviewable by the department or credentialing board that issues the credential, or that the circumstances related to the arrest or conviction record or of any other offense if the offense is reviewable by the department or credentialing board that issues the credential are not substantially related to the licensed activity pursuant to s. 111.335.

2. An applicant’s employer or a contracted entity on behalf of an applicant’s employer that submits a determination under this paragraph shall attest that the determination was made to the best of the employer’s or entity’s knowledge and with a reasonable degree of certainty.

3. Prior to accepting a determination made under this paragraph, the department may review the determination made by the employer or the entity contracted by the employer and may request additional information from the applicant.

4. The department shall either accept or reject a determination made under this paragraph within 30 days from the day that the department receives the determination.

5. Neither the department nor any credentialing board shall be subject to suit or liable for damages resulting from its acceptance of or reliance on a determination made under this paragraph.

(bx) The department shall promulgate rules to implement pars. (bp) and (bt).

SB1,93 Section 93. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

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:

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

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

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

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

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

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

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

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

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.

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 ie., 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.

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.

SB1,94 Section 94. 440.03 (13) (c) 1. i. of the statutes is created to read:

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.

SB1,95 Section 95. 440.03 (13) (c) 1. ic. of the statutes is created to read:

440.03 (13) (c) 1. ic. An applicant for a physician assistant license or compact privilege under s. 448.974 when required pursuant to the PA licensure compact under s. 448.988.

SB1,96 Section 96. 440.03 (13) (c) 1. id. of the statutes is created to read:

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.

SB1,97 Section 97. 440.03 (13) (c) 1. ie. of the statutes is created to read:

440.03 (13) (c) 1. ie. An applicant for an audiologist or speech-language pathologist license or compact privilege under s. 459.24 when required pursuant to the audiology and speech-language pathology interstate compact under s. 459.70.

SB1,98 Section 98. 440.03 (14) (am) of the statutes is amended to read:

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.

SB1,99 Section 99. 440.03 (14) (c) of the statutes is amended to read:

440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in shall be as determined under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person’s certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.

SB1,100 Section 100. 440.03 (15) of the statutes is amended to read:

440.03 (15) The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d) (2r) (c).

SB1,101 Section 101. 440.032 (5) of the statutes is amended to read:

440.032 (5) License renewal. The renewal dates for licenses granted under sub. (3) are specified in shall be as determined under s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person’s certification or membership specified in sub. (3) that is required for the license has not been revoked or invalidated.

SB1,102 Section 102. 440.043 (1) of the statutes is amended to read:

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.

SB1,103 Section 103. 440.08 (2) (title) of the statutes is amended to read:

440.08 (2) (title) Renewal dates, fees and applications.

SB1,104 Section 104. 440.08 (2) (a) (intro.) of the statutes is amended to read:

440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094 (2) (c) 2., 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

SB1,105 Section 105. 440.08 (2) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094 (2) (c) 2., 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows all of the following apply with respect to renewals of credentials:

SB1,106 Section 106. 440.08 (2) (a) 1. to 72. of the statutes, as affected by 2021 Wisconsin Act 251, are renumbered 440.08 (2) (ag) 1. to 72. and amended to read: