SB657: Bill Text

LRB-4466/1

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2021 - 2022 LEGISLATURE

2021 Senate BILL 657

October 20, 2021 - Introduced by Senators Kooyenga, Johnson, Bernier, Ballweg and Cowles, cosponsored by Representatives Snyder, Magnafici, Doyle, Kerkman, Milroy, Spiros, Duchow, Considine, Andraca, Rozar, Vruwink, Ohnstad, Wichgers, Subeck, Dittrich, Loudenbeck, Plumer, Stubbs and Bowen. Referred to Committee on Insurance, Licensing and Forestry.

SB657,1,3 An Act to amend 440.88 (3m), 457.02 (5), 457.02 (5m) and 961.385 (2) (cm) 1. (intro.) of the statutes; relating to: advanced practice social workers and independent social workers treating substance use disorder as a specialty.

Analysis by the Legislative Reference Bureau

Under this bill, an advanced practice social worker or independent social worker may treat substance use disorder as a specialty without obtaining a certification from the Department of Safety and Professional Services or satisfying educational and supervised training requirements established by the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board. Under current law, to treat substance use disorder as a specialty, an advanced practice social worker or independent social worker is required to obtain a certification from DSPS or satisfy educational and supervised training requirements established by the board.

The bill also allows an advanced practice social worker or independent social worker to represent himself or herself as a substance abuse counselor without obtaining a substance abuse counselor certification from DSPS. Current law requires an advanced practice social worker or independent social worker to obtain a substance abuse counselor certification in order to represent himself or herself as a substance abuse counselor.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB657,1 Section 1. 440.88 (3m) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

SB657,2,10 440.88 (3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), an independent social worker, as defined in s. 457.01 (2g), an advanced practice social worker, as defined in s. 457.01 (1c), a psychologist licensed under s. 455.04 (1) or (2), a marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure credential.

SB657,2 Section 2. 457.02 (5) of the statutes is amended to read:

SB657,2,16 457.02 (5) Authorize any individual who is certified under s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) 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.

SB657,3 Section 3. 457.02 (5m) of the statutes is amended to read:

SB657,3,4 457.02 (5m) Authorize any individual who is certified under s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) 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.

SB657,4 Section 4. 961.385 (2) (cm) 1. (intro.) of the statutes is amended to read:

SB657,3,10 961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual licensed holding a credential under s. 457.08 (2), (3), or (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f) who treats alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:

SB657,3,11 (End)