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AB144-AA1,49,1917 2. The commission shall provide an explanation of the reasons for substantive
18changes made to the proposed rule as well as reasons for substantive changes not
19made that were recommended by commenters.
AB144-AA1,49,2220 3. The commission shall determine a reasonable effective date for the rule.
21Except for an emergency as provided in par. (L), the effective date of the rule shall
22be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
AB144-AA1,50,423 (L) Upon determination that an emergency exists, the commission may
24consider and adopt an emergency rule with 48 hours' notice, with opportunity to
25comment, provided that the usual rule-making procedures provided in the compact

1and in this subsection shall be retroactively applied to the rule as soon as reasonably
2possible, in no event later than ninety (90) days after the effective date of the rule.
3For the purposes of this provision, an emergency rule is one that must be adopted
4immediately in order to:
AB144-AA1,50,55 1. Meet an imminent threat to public health, safety, or welfare;
AB144-AA1,50,66 2. Prevent a loss of commission or member state funds;
AB144-AA1,50,87 3. Meet a deadline for the promulgation of a rule that is established by federal
8law or rule; or
AB144-AA1,50,99 4. Protect public health and safety.
AB144-AA1,50,1910 (m) The commission or an authorized committee of the commission may direct
11revisions to a previously adopted rule for purposes of correcting typographical errors,
12errors in format, errors in consistency, or grammatical errors. Public notice of any
13revisions shall be posted on the website of the commission. The revision shall be
14subject to challenge by any person for a period of thirty (30) days after posting. The
15revision may be challenged only on grounds that the revision results in a material
16change to a rule. A challenge shall be made in writing and delivered to the
17commission prior to the end of the notice period. If no challenge is made, the revision
18will take effect without further action. If the revision is challenged, the revision may
19not take effect without the approval of the commission.
AB144-AA1,50,2120 (n) No member state's rule-making requirements shall apply under this
21compact.
AB144-AA1,50,25 22(13) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The
23executive and judicial branches of state government in each member state shall
24enforce this compact and take all actions necessary and appropriate to implement
25the compact.
AB144-AA1,51,8
12. Except as otherwise provided in this compact, venue is proper and judicial
2proceedings by or against the commission shall be brought solely and exclusively in
3a court of competent jurisdiction where the principal office of the commission is
4located. The commission may waive venue and jurisdictional defenses to the extent
5it adopts or consents to participate in alternative dispute resolution proceedings.
6Nothing herein shall affect or limit the selection or propriety of venue in any action
7against a licensee for professional malpractice, misconduct or any such similar
8matter.
AB144-AA1,51,139 3. The commission shall be entitled to receive service of process in any
10proceeding regarding the enforcement or interpretation of the compact and shall
11have standing to intervene in such a proceeding for all purposes. Failure to provide
12the commission service of process shall render a judgment or order void as to the
13commission, this compact, or promulgated rules.
AB144-AA1,51,2014 (b) Default, technical assistance, and termination. 1. If the commission
15determines that a member state has defaulted in the performance of its obligations
16or responsibilities under this compact or the promulgated rules, the commission
17shall provide written notice to the defaulting state. The notice of default shall
18describe the default, the proposed means of curing the default, and any other action
19that the commission may take, and shall offer training and specific technical
20assistance regarding the default.
AB144-AA1,51,2221 2. The commission shall provide a copy of the notice of default to the other
22member states.
AB144-AA1,52,323 (c) If a state in default fails to cure the default, the defaulting state may be
24terminated from the compact upon an affirmative vote of a majority of the delegates
25of the member states, and all rights, privileges and benefits conferred on that state

1by this compact may be terminated on the effective date of termination. A cure of the
2default does not relieve the offending state of obligations or liabilities incurred
3during the period of default.
AB144-AA1,52,84 (d) Termination of membership in the compact shall be imposed only after all
5other means of securing compliance have been exhausted. Notice of intent to
6suspend or terminate shall be given by the commission to the governor, the majority
7and minority leaders of the defaulting state's legislature, the defaulting state's state
8licensing authority and each of the member states' state licensing authority.
AB144-AA1,52,119 (e) A state that has been terminated is responsible for all assessments,
10obligations, and liabilities incurred through the effective date of termination,
11including obligations that extend beyond the effective date of termination.
AB144-AA1,52,1612 (f) Upon the termination of a state's membership from this compact, that state
13shall immediately provide notice to all licensees within that state of such
14termination. The terminated state shall continue to recognize all licenses granted
15pursuant to this compact for a minimum of six (6) months after the date of said notice
16of termination.
AB144-AA1,52,1917 (g) The commission shall not bear any costs related to a state that is found to
18be in default or that has been terminated from the compact, unless agreed upon in
19writing between the commission and the defaulting state.
AB144-AA1,52,2320 (h) The defaulting state may appeal the action of the commission by petitioning
21the U.S. District Court for the District of Columbia or the federal district where the
22commission has its principal offices. The prevailing party shall be awarded all costs
23of such litigation, including reasonable attorney's fees.
AB144-AA1,53,3
1(i) Dispute resolution. 1. Upon request by a member state, the commission
2shall attempt to resolve disputes related to the compact that arise among member
3states and between member and nonmember states.
AB144-AA1,53,54 2. The commission shall promulgate a rule providing for both mediation and
5binding dispute resolution for disputes as appropriate.
AB144-AA1,53,156 (j) Enforcement. 1. By majority vote as provided by rule, the commission may
7initiate legal action against a member state in default in the United States District
8Court for the District of Columbia or the federal district where the commission has
9its principal offices to enforce compliance with the provisions of the compact and its
10promulgated rules. The relief sought may include both injunctive relief and
11damages. In the event judicial enforcement is necessary, the prevailing party shall
12be awarded all costs of such litigation, including reasonable attorney's fees. The
13remedies herein shall not be the exclusive remedies of the commission. The
14commission may pursue any other remedies available under federal or the defaulting
15member state's law.
AB144-AA1,53,2216 2. A member state may initiate legal action against the commission in the U.S.
17District Court for the District of Columbia or the federal district where the
18commission has its principal offices to enforce compliance with the provisions of the
19compact and its promulgated rules. The relief sought may include both injunctive
20relief and damages. In the event judicial enforcement is necessary, the prevailing
21party shall be awarded all costs of such litigation, including reasonable attorney's
22fees.
AB144-AA1,53,2423 3. No person other than a member state shall enforce this compact against the
24commission.
AB144-AA1,54,3
1(14) Effective date, withdrawal, and amendment. (a) The compact shall come
2into effect on the date on which the compact statute is enacted into law in the seventh
3member state.
AB144-AA1,54,74 1. On or after the effective date of the compact, the commission shall convene
5and review the enactment of each of the first seven member states (“charter member
6states”) to determine if the statute enacted by each such charter member state is
7materially different than the model compact statute.
AB144-AA1,54,108 a. A charter member state whose enactment is found to be materially different
9from the model compact statute shall be entitled to the default process set forth in
10sub. (13).
AB144-AA1,54,1411 b. If any member state is later found to be in default, or is terminated or
12withdraws from the compact, the commission shall remain in existence and the
13compact shall remain in effect even if the number of member states should be less
14than seven.
AB144-AA1,54,1815 2. Member states enacting the compact subsequent to the seven initial charter
16member states shall be subject to the process set forth in sub. (10) (c) 21. to determine
17if their enactments are materially different from the model compact statute and
18whether they qualify for participation in the compact.
AB144-AA1,54,2219 3. All actions taken for the benefit of the commission or in furtherance of the
20purposes of the administration of the compact prior to the effective date of the
21compact or the commission coming into existence shall be considered to be actions
22of the commission unless specifically repudiated by the commission.
AB144-AA1,55,223 4. Any state that joins the compact subsequent to the commission's initial
24adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist
25on the date on which the compact becomes law in that state. Any rule that has been

1previously adopted by the commission shall have the full force and effect of law on
2the day the compact becomes law in that state.
AB144-AA1,55,43 (b) Any member state may withdraw from this compact by enacting a statute
4repealing the same.
AB144-AA1,55,65 1. A member state's withdrawal shall not take effect until 180 days after
6enactment of the repealing statute.
AB144-AA1,55,97 2. Withdrawal shall not affect the continuing requirement of the withdrawing
8state's licensing authority to comply with the investigative and adverse action
9reporting requirements of this compact prior to the effective date of withdrawal.
AB144-AA1,55,1410 3. Upon the enactment of a statute withdrawing from this compact, a state
11shall immediately provide notice of such withdrawal to all licensees within that
12state. Notwithstanding any subsequent statutory enactment to the contrary, such
13withdrawing state shall continue to recognize all licenses granted pursuant to this
14compact for a minimum of 180 days after the date of such notice of withdrawal.
AB144-AA1,55,1815 (c) Nothing contained in this compact shall be construed to invalidate or
16prevent any licensure agreement or other cooperative arrangement between a
17member state and a nonmember state that does not conflict with the provisions of
18this compact.
AB144-AA1,55,2119 (d) This compact may be amended by the member states. No amendment to this
20compact shall become effective and binding upon any member state until it is enacted
21into the laws of all member states.
AB144-AA1,56,2 22(15) Construction and severability. (a) This compact and the commission's
23rule-making authority shall be liberally construed so as to effectuate the purposes,
24and the implementation and administration of the compact. Provisions of the

1compact expressly authorizing or requiring the promulgation of rules shall not be
2construed to limit the commission's rule-making authority solely for those purposes.
AB144-AA1,56,103 (b) The provisions of this compact shall be severable and if any phrase, clause,
4sentence or provision of this compact is held by a court of competent jurisdiction to
5be contrary to the constitution of any member state, a state seeking participation in
6the compact, or of the United States, or the applicability thereof to any government,
7agency, person or circumstance is held to be unconstitutional by a court of competent
8jurisdiction, the validity of the remainder of this compact and the applicability
9thereof to any other government, agency, person or circumstance shall not be affected
10thereby.
AB144-AA1,56,1711 (c) Notwithstanding par. (b), the commission may deny a state's participation
12in the compact or, in accordance with the requirements of sub. (13) (b), terminate a
13member state's participation in the compact, if it determines that a constitutional
14requirement of a member state is a material departure from the compact. Otherwise,
15if this compact shall be held to be contrary to the constitution of any member state,
16the compact shall remain in full force and effect as to the remaining member states
17and in full force and effect as to the member state affected as to all severable matters.
AB144-AA1,56,21 18(16) Consistent effect and conflict with other state laws. (a) A licensee
19providing services in a remote state under a multistate authorization to practice
20shall adhere to the laws and regulations, including laws, regulations, and applicable
21standards, of the remote state where the client is located at the time care is rendered.
AB144-AA1,56,2322 (b) Nothing herein shall prevent or inhibit the enforcement of any other law of
23a member state that is not inconsistent with the compact.
AB144-AA1,56,2524 (c) Any laws, statutes, regulations, or other legal requirements in a member
25state in conflict with the compact are superseded to the extent of the conflict.
AB144-AA1,57,2
1(d) All permissible agreements between the commission and the member states
2are binding in accordance with their terms.
AB144-AA1,57,5 3457.71 Implementation of the social work licensure compact. (1) In this
4section, “multistate authorization to practice ” has the meaning given in s. 457.70 (2)
5(q).
AB144-AA1,57,7 6(2) (a) An individual who is exercising the multistate authorization to practice
7in this state shall comply with s. 440.03 (13) (am).
AB144-AA1,57,118 (b) Subject to s. 457.70 and any rules promulgated thereunder, ss. 440.20 to
9440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
10is exercising the multistate authorization to practice in this state in the same
11manner that they apply to holders of certificates or licenses issued under subch. I.
AB144-AA1,65 12Section 65. 632.89 (1) (dm) of the statutes is repealed and recreated to read:
AB144-AA1,57,1513 632.89 (1) (dm) “Licensed mental health professional" means a clinical social
14worker, a marriage and family therapist, or a professional counselor, as those terms
15are defined in subch. I of ch. 457.
AB144-AA1,66 16Section 66. 632.89 (1) (e) 4. of the statutes is amended to read:
AB144-AA1,57,1817 632.89 (1) (e) 4. A licensed mental health professional practicing within the
18scope of his or her license credential under subch. I of ch. 457 and applicable rules.
AB144-AA1,67 19Section 67. 800.035 (2m) of the statutes is amended to read:
AB144-AA1,58,620 800.035 (2m) A municipal court shall appoint a guardian ad litem or social
21worker certified or licensed under subch. I of ch. 457 for any defendant that the court
22has reason to believe lacks substantial mental capacity to understand the
23proceedings or assist in his or her defense. The person appointed under this
24paragraph shall assist the court in making a determination concerning the
25defendant's mental capacity. If the court determines that the defendant lacks the

1mental capacity to understand the proceedings or assist in his or her defense, the
2court shall suspend the proceedings. The cost of the guardian ad litem or social
3worker shall be paid by the municipality or municipalities that established the court.
4The governing body may by ordinance or bylaw authorize the appointment of a
5guardian ad litem by the municipal judge in any other matter within the jurisdiction
6of the municipal court.
AB144-AA1,68 7Section 68. 905.04 (1) (bm) and (dm) of the statutes are amended to read:
AB144-AA1,58,108 905.04 (1) (bm) “Marriage and family therapist" means an individual who is
9licensed as a marriage and family therapist under subch. I of ch. 457 or an individual
10reasonably believed by the patient to be a marriage and family therapist.
AB144-AA1,58,1311 (dm) “Professional counselor" means an individual who is licensed as a
12professional counselor under subch. I of ch. 457 or an individual reasonably believed
13by the patient to be a professional counselor.
AB144-AA1,69 14Section 69. 905.04 (1) (g) of the statutes is amended to read:
AB144-AA1,58,1915 905.04 (1) (g) “Social worker" means an individual who is certified or licensed
16as
a social worker, advanced practice social worker, independent social worker, or
17clinical social worker, as those terms are defined under subch. I of ch. 457, or an
18individual reasonably believed by the patient to be a social worker, advanced practice
19social worker, independent social worker, or clinical social worker.”.
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