ASSEMBLY AMENDMENT 1,
TO SENATE BILL 158
October 31, 2023 - Offered by Representative Sortwell.
SB158-AA1,1,5
5“
Section
1. 14.897 of the statutes is created to read:
SB158-AA1,1,11
614.897 Social work licensure compact. There is created a social work
7licensure compact commission as specified in s. 457.70. The delegate on the
8commission representing this state shall be appointed by the marriage and family
9therapy, professional counseling, and social work examining board as provided in s.
10457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
11The commission has the powers and duties granted and imposed under s. 457.70.
SB158-AA1,2
12Section
2. 15.405 (7c) (a) 1. of the statutes is amended to read:
SB158-AA1,2,2
115.405
(7c) (a) 1. Four social worker members who are certified or licensed
2under
subch. I of ch. 457.
SB158-AA1,3
3Section
3. 15.405 (7c) (a) 2. of the statutes is amended to read:
SB158-AA1,2,54
15.405
(7c) (a) 2. Three marriage and family therapist members who are
5licensed under
subch. I of ch. 457.
SB158-AA1,4
6Section
4. 15.405 (7c) (a) 3. of the statutes is amended to read:
SB158-AA1,2,87
15.405
(7c) (a) 3. Three professional counselor members who are licensed
8under
subch. I of ch. 457.
SB158-AA1,5
9Section
5. 15.405 (7c) (a) 4. of the statutes is amended to read:
SB158-AA1,2,1210
15.405
(7c) (a) 4. Three public members who represent groups that promote the
11interests of consumers of services provided by persons who are certified or licensed
12under
subch. I of ch. 457.
SB158-AA1,6
13Section
6. 15.405 (7c) (am) 1. of the statutes is amended to read:
SB158-AA1,2,1514
15.405
(7c) (am) 1. At least one member who is certified under
subch. I of ch.
15457 as an advanced practice social worker.
SB158-AA1,7
16Section
7. 15.405 (7c) (am) 3. of the statutes is amended to read:
SB158-AA1,2,1817
15.405
(7c) (am) 3. At least one member who is licensed under
subch. I of ch.
18457 as a clinical social worker.
SB158-AA1,8
19Section
8. 15.405 (7c) (c) of the statutes is amended to read:
SB158-AA1,2,2420
15.405
(7c) (c) All matters pertaining to granting, denying, limiting,
21suspending, or revoking a certificate or license under
subch. I of ch. 457, and all other
22matters of interest to either the social worker, marriage and family therapist, or
23professional counselor section shall be acted upon solely by the interested section of
24the examining board.
SB158-AA1,9
25Section
9. 46.90 (4) (ab) 4. of the statutes is amended to read:
SB158-AA1,3,2
146.90
(4) (ab) 4. A social worker, professional counselor, or marriage and family
2therapist
certified, as those terms are defined under
subch. I of ch. 457.
SB158-AA1,10
3Section
10. 48.56 (2) of the statutes is amended to read:
SB158-AA1,3,64
48.56
(2) Each county department shall employ personnel who devote all or
5part of their time to child welfare services. Whenever possible, these personnel shall
6be social workers
certified under ch. 457, as defined in s. 457.01 (10).
SB158-AA1,11
7Section
11. 48.561 (2) of the statutes is amended to read:
SB158-AA1,3,118
48.561
(2) The department shall employ personnel in a county having a
9population of 750,000 or more who devote all of their time directly or indirectly to
10child welfare services. Whenever possible, these personnel shall be social workers
11certified under ch. 457, as defined in s. 457.01 (10).
SB158-AA1,12
12Section
12. 49.45 (30j) (a) 1. of the statutes is amended to read:
SB158-AA1,4,213
49.45
(30j) (a) 1. “Competent mental health professional” means a physician
14who has completed a residence in psychiatry; a psychologist; a private practice school
15psychologist
who is licensed under ch. 455; a marriage and family therapist
who is 16licensed under s. 457.10 or 457.11; a professional counselor
who is licensed under s.
17457.12 or 457.13; an advanced practice social worker
granted a certificate under s.
18457.08 (2), as defined in s. 457.01 (1c); an independent social worker
granted a
19certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker
20licensed under s. 457.08 (4), as defined in s. 457.01 (1r); a clinical substance abuse
21counselor or independent clinical supervisor
who is certified under s. 440.88, or any
22of these individuals
who is practicing under a currently valid training or temporary
23license or certificate granted under applicable provisions of ch. 457. “Competent
24mental health professional" does not include an individual whose license or
25certificate is suspended, revoked, or voluntarily surrendered, or whose license or
1certificate is limited or restricted, when practicing in areas prohibited by the
2limitation or restriction.
SB158-AA1,13
3Section
13. 51.03 (6) (a) of the statutes is amended to read:
SB158-AA1,4,164
51.03
(6) (a) In this subsection, “licensed treatment professional" means a
5physician who has completed a residence in psychiatry; a psychologist; a private
6practice school psychologist
who is licensed under ch. 455; a marriage and family
7therapist
who is licensed under s. 457.10 or 457.11; a professional counselor
who is 8licensed under s. 457.12 or 457.13; an advanced practice social worker
granted a
9certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
10worker
licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social
11worker
licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any of these
12individuals
who is practicing under a currently valid training or temporary license
13or certificate granted under applicable provisions of ch. 457. “Licensed treatment
14professional" does not include an individual whose license or certificate is suspended,
15revoked, or voluntarily surrendered, or whose license or certificate is limited or
16restricted, when practicing in areas prohibited by the limitation or restriction.
SB158-AA1,14
17Section
14. 55.043 (1m) (a) 4. of the statutes is amended to read:
SB158-AA1,4,1918
55.043
(1m) (a) 4. A social worker, professional counselor, or marriage and
19family therapist
certified, as those terms are defined under
subch. I of ch. 457.
SB158-AA1,15
20Section
15. 146.81 (1) (hg) of the statutes is amended to read:
SB158-AA1,4,2221
146.81
(1) (hg) A social worker, marriage and family therapist, or professional
22counselor
certified or licensed, as those terms are defined under
subch. I of ch. 457.
SB158-AA1,16
23Section
16. 146.89 (1) (r) 6. of the statutes is amended to read:
SB158-AA1,4,2524
146.89
(1) (r) 6. A social worker
who holds a certificate granted under ch. 457,
25as defined in s. 457.01 (10).
SB158-AA1,17
1Section
17. 146.89 (1) (r) 7. of the statutes is amended to read:
SB158-AA1,5,42
146.89
(1) (r) 7. A marriage and family therapist
who is licensed under ch. 457,
3as defined in s. 457.01 (3) or a professional counselor
who is licensed under ch. 457,
4as defined in s. 457.01 (7).
SB158-AA1,18
5Section
18. 146.997 (1) (d) 11. of the statutes is amended to read:
SB158-AA1,5,76
146.997
(1) (d) 11. A social worker, marriage and family therapist or
7professional counselor
certified, as those terms are defined under
subch. I of ch. 457.
SB158-AA1,19
8Section
19. 180.1901 (1m) (f) of the statutes is amended to read:
SB158-AA1,5,109
180.1901
(1m) (f) Marriage and family therapy, professional counseling, and
10social work examining board under
subch. I of ch. 457.
SB158-AA1,20
11Section
20. 252.14 (1) (ar) 7. of the statutes is amended to read:
SB158-AA1,5,1412
252.14
(1) (ar) 7. A social worker, marriage and family therapist, or
13professional counselor
certified or licensed, as those terms are defined under
subch.
14I of ch. 457.
SB158-AA1,21
15Section
21. 252.15 (1) (er) of the statutes is amended to read:
SB158-AA1,5,1816
252.15
(1) (er) “Social worker" means an individual who is
certified or licensed
17as a social worker, advanced practice social worker, independent social worker, or
18clinical social worker
, as those terms are defined under
subch. I of ch. 457.
SB158-AA1,22
19Section
22. 253.10 (2) (f) of the statutes is amended to read:
SB158-AA1,5,2420
253.10
(2) (f) “Qualified person assisting the physician" means a social worker
21certified under ch. 457, as defined in s. 457.01 (10), a registered nurse or a physician
22assistant to whom a physician who is to perform or induce an abortion has delegated
23the responsibility, as the physician's agent, for providing the information required
24under sub. (3) (c) 2.
SB158-AA1,23
25Section
23. 256.215 (2) (b) of the statutes is amended to read:
SB158-AA1,6,7
1256.215
(2) (b) The emergency medical services provider establishes, submits
2to the department, and maintains patient care protocols corresponding to the
3appropriate service level to be used by a community paramedic or a community
4emergency medical services practitioner. The emergency medical services provider
5may include in a patient care protocol only those services that do not require a
6license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448
, subch.
7I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455,
457, or 459 to provide.
SB158-AA1,24
8Section
24. 257.01 (1) (a) of the statutes is amended to read:
SB158-AA1,6,119
257.01
(1) (a) An individual who, under ch. 455, is licensed as a psychologist
10or, under
subch. I of ch. 457, is certified as a social worker or licensed as a clinical
11social worker, a marriage and family therapist, or a professional counselor.
SB158-AA1,25
12Section
25. 257.01 (1) (b) of the statutes is amended to read:
SB158-AA1,6,1713
257.01
(1) (b) An individual who was at any time within the previous 10 years,
14but is not currently, licensed as a psychologist under ch. 455 or certified as a social
15worker or licensed as a clinical social worker, a marriage and family therapist, or a
16professional counselor under
subch. I of ch. 457, if the individual's license or
17certification was never revoked, limited, suspended, or denied renewal.
SB158-AA1,26
18Section
26. 303.08 (1) (f) of the statutes is amended to read:
SB158-AA1,6,2519
303.08
(1) (f) Obtaining counseling or therapy from an approved public
20treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
21facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a
licensed clinical
22social worker,
as defined in s. 457.01 (1r), a professional counselor
licensed under ch.
23457, or a certified, as defined in s. 457.01 (7), an independent
social worker, as defined
24in s. 457.01 (2g), or
an advanced practice social worker
, as defined in s. 457.01 (1c), 25who is authorized to practice psychotherapy under
subch. I of ch. 457.
SB158-AA1,27
1Section
27. 440.03 (11m) (c) 2u. of the statutes is created to read:
SB158-AA1,7,32
440.03
(11m) (c) 2u. The coordinated data system under s. 457.70 (11), if such
3disclosure is required under the social work licensure compact under s. 457.70.
SB158-AA1,28
4Section
28. 440.03 (13) (b) (intro.) of the statutes is amended to read:
SB158-AA1,7,125
440.03
(13) (b) (intro.) The department may investigate whether an applicant
6for or holder of any of the following credentials has been charged with or convicted
7of a crime only pursuant to rules promulgated by the department under this
8paragraph, including rules that establish the criteria that the department will use
9to determine whether an investigation under this paragraph is necessary, except as
10provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
11448.987 (3) (a) 5. a. and (5) (b) 2. a.,
and 455.50 (3) (e) 4. and (f) 4.
, and 457.70 (3) (b)
124. and (7) (b) 3.:
SB158-AA1,29
13Section
29. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
14(intro.) and amended to read:
SB158-AA1,7,1715
440.03
(13) (c) 1. (intro.) The department shall require
an all of the following
16to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
17set of the person's fingerprints:
SB158-AA1,7,19
18a. An applicant for a private detective license or a private security permit under
19s. 440.26
, an.
SB158-AA1,7,21
20b. An applicant for a juvenile martial arts instructor permit under sub. (17)
,
21an.
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22c. An applicant for a real estate appraiser certification under s. 458.06 or
23license under s. 458.08
, an.
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24d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c)
, an.
SB158-AA1,7,25
25e. An applicant for a compact license under s. 448.05 (2) (f)
, an.
SB158-AA1,8,2
1f. An applicant for a physical therapist license under s. 448.53 or physical
2therapist assistant license under s. 448.535
, an.
SB158-AA1,8,6
3g. An applicant for an occupational therapist or occupational therapy assistant
4compact privilege under s. 448.987 (4)
, and an applicant for an occupational
5therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
6a.
, an
SB158-AA1,8,7
7h. An applicant for a psychologist license under s. 455.04
, and a.
SB158-AA1,8,10
8z. A person for whom the department conducts an investigation under par. (b)
,
9to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
10set of the person's fingerprints.
SB158-AA1,8,20
112. The department of justice may submit the fingerprint cards, and the
12department of justice shall submit the fingerprint cards of all applicants
for a real
13estate appraiser certification under s. 458.06 or license under s. 458.08, of all
14applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
15for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
16license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
17of all applicants for a psychologist license under s. 455.04
identified in subd. 1. c. to
18id., to the federal bureau of investigation for the purpose of verifying the identity of
19the persons fingerprinted and obtaining records of their criminal arrests and
20convictions.
SB158-AA1,8,23
213. Information obtained from the federal bureau of investigation may be shared
22with the department or the appropriate credentialing board, but shall otherwise be
23kept confidential and is not subject to disclosure under s. 19.35.
SB158-AA1,30
24Section
30. 440.03 (13) (c) 1. id. of the statutes is created to read:
SB158-AA1,9,3
1440.03
(13) (c) 1. id. An applicant for any category of social worker multistate
2license under s. 457.08 (4m) when required pursuant to the social work licensure
3compact under s. 457.70.
SB158-AA1,31
4Section
31. 440.03 (14) (am) of the statutes is amended to read:
SB158-AA1,9,145
440.03
(14) (am) The department may promulgate rules that establish
6requirements for granting a license to practice psychotherapy to a person who is
7registered under par. (a). Rules promulgated under this paragraph shall establish
8requirements for obtaining such a license that are comparable to the requirements
9for obtaining a clinical social worker, marriage and family therapist, or professional
10counselor license under
subch. I of ch. 457. If the department promulgates rules
11under this paragraph, the department shall grant a license under this paragraph to
12a person registered under par. (a) who pays the initial credential fee determined by
13the department under s. 440.03 (9) (a) and provides evidence satisfactory to the
14department that he or she satisfies the requirements established in the rules.
SB158-AA1,32
15Section
32. 440.043 (1) of the statutes is amended to read:
SB158-AA1,9,2016
440.043
(1) The secretary shall appoint an advisory committee under s.
17440.042 to provide advice concerning behavioral health. The advisory committee
18shall semiannually conduct a review of the requirements for obtaining a credential
19under s. 440.88 or
subch. I of ch. 457 or for other credentials related to behavioral
20health.”.
SB158-AA1,9,22
22“
Section
33. 440.094 (1) (c) 14. of the statutes is amended to read:
SB158-AA1,10,3
1440.094
(1) (c) 14. A social worker, marriage and family therapist, or
2professional counselor certified or licensed under
subch. I of ch. 457 or a clinical
3substance abuse counselor certified under s. 440.88.”.
SB158-AA1,10,6
6“
Section
34. 440.15 of the statutes is amended to read: