SB196: Bill Text

SB196,,118 457.01 (5m) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

SB196,49 Section 49. 457.01 (7) of the statutes is amended to read:

SB196,,120 457.01 (7) “Professional counselor” means an individual who holds a license to practice professional counseling granted by the professional counselor section or who holds a valid professional counselor privilege to practice in this state.

SB196,50 Section 50. 457.02 (intro.), (1), (2), (3), (4) and (6) (c) of the statutes are amended to read:

SB196,,122 457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:

SB196,,123 (1) Require any individual to be certified or licensed under this chapter subchapter in order to use the title “pastoral counselor,” “investment counselor,” “vocational counselor,” “career counselor,” “alcohol and drug counselor,” “chemical dependency counselor,” or “employee assistance counselor,” or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter subchapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

SB196,,124 (2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed under this chapter subchapter in order to use the title “school social worker” or “school counselor.”

SB196,,125 (3) Require a person who is a psychologist or a psychiatrist to be licensed under this chapter subchapter in order to use the title “marriage and family therapist,” “marriage and family counselor,” or “professional counselor” if the psychologist or psychiatrist does not use the term “licensed,” “certified,” or “registered” or any similar term in connection with the title “marriage and family therapist,” “marriage and family counselor,” or “professional counselor.”

SB196,,126 (4) Authorize any individual who is certified or licensed under this chapter subchapter to use the title “school social worker” or “school counselor” unless the individual is licensed as a school social worker or school counselor by the department of public instruction.

SB196,,127 (6) (c) Provide a consultation or demonstration with an individual licensed under this chapter subchapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work in another state or territory of the United States.

SB196,51 Section 51. 457.03 (1), (1m) and (2) of the statutes are amended to read:

SB196,,129 457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter subchapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter subchapter and approve educational programs and supervised clinical training programs in accordance with those standards.

SB196,,130 (1m) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, and consistent with s. 457.16, promulgate rules establishing examination requirements for certification and licensure under this chapter subchapter.

SB196,,131 (2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and licensees. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this chapter subchapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.

SB196,52 Section 52. 457.033 of the statutes is amended to read:

SB196,,133 457.033 Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board and the psychology examining board shall jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter subchapter, or an individual who holds a valid professional counselor privilege to practice in this state, is qualified to perform. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder or, licensee, or holder of a professional counselor privilege to practice may not engage in psychometric testing except as provided under the rules promulgated under this section.

SB196,53 Section 53. 457.035 (1) of the statutes is amended to read:

SB196,,135 457.035 (1) The individual is licensed under this chapter subchapter as a clinical social worker, marriage and family therapist, or professional counselor or holds a valid professional counselor privilege to practice in this state.

SB196,54 Section 54. 457.04 (1), (2), (3), (4), (5) (a) and (b) and (7) of the statutes are amended to read:

SB196,,137 457.04 (1) Use the title “social worker” unless the person is certified as a social worker under this chapter subchapter.

SB196,,138 (2) Use the title “advanced practice social worker” unless the person is certified as an advanced practice social worker under this chapter subchapter.

SB196,,139 (3) Use the title “independent social worker” unless the person is certified as an independent social worker under this chapter subchapter.

SB196,,140 (4) Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title “clinical social worker” or any other title or designation that represents or may tend to represent the person as a clinical social worker unless the person is licensed as a clinical social worker under this chapter subchapter or unless the person is certified under this chapter subchapter as an advanced practice social worker or independent social worker and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this chapter subchapter.

SB196,,141 (5) (a) The person is licensed as a marriage and family therapist under this chapter subchapter.

SB196,,142 (b) The person is licensed as a clinical social worker under this chapter subchapter and initially became certified as an independent clinical social worker under ch. 457, 1999 stats., on or before May 31, 1995.

SB196,,143 (7) Practice psychotherapy unless the person is licensed under this chapter subchapter or unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under ss. 457.03 and 457.035.

SB196,55 Section 55. 457.04 (6) of the statutes is amended to read:

SB196,,145 457.04 (6) Practice professional counseling or designate himself or herself as a professional counselor or use or assume the title “professional counselor,” “professional rehabilitation counselor,” “vocational rehabilitation counselor,” “rehabilitation counselor,” or any other title or designation that represents or may tend to represent the person as a professional counselor unless the person is licensed as a professional counselor under this chapter subchapter or holds a valid professional counselor privilege to practice in this state.

SB196,56 Section 56. 457.04 (7) of the statutes is amended to read:

SB196,,147 457.04 (7) Practice psychotherapy unless the person is licensed under this chapter, holds a valid professional counselor privilege to practice in this state, or unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under ss. 457.03 and 457.035.

SB196,57 Section 57. 457.06 (intro.) of the statutes is amended to read:

SB196,,149 457.06 General requirements for certification or licensure. (intro.) The social worker section, marriage and family therapist section, or professional counselor section may not grant any certificate or license under this chapter subchapter unless the applicant does all of the following:

SB196,58 Section 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to read:

SB196,,151 457.09 (2) (b) A social worker training certificate holder is a social worker certified under this chapter subchapter for purposes of any law governing social workers certified under this chapter subchapter.

SB196,,152 (4) (b) 1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this chapter subchapter who has a bachelor’s or master’s degree in social work.

SB196,,153 2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter subchapter who has a bachelor’s or master’s degree in social work.

SB196,59 Section 59. 457.12 (title) of the statutes is amended to read:

SB196,,155 457.12 (title) Professional counselor license; privilege to practice.

SB196,60 Section 60. 457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m) (intro.), (a), (b), (c) (intro.), 1. d. and 2. d. and (d), as renumbered, are amended to read:

SB196,,157 457.12 (1m) License. (intro.) The professional counselor section shall, subject to sub. (4m), grant a professional counselor license to any individual who does to whom all of the following apply:

SB196,,158 (a) Satisfies The individual satisfies the requirements in s. 457.06.

SB196,,159 (b) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has received a master’s or doctorate degree in professional counseling or its equivalent from a program approved by the professional counselor section.

SB196,,160 (c) (intro.) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has done any of the following:

SB196,,161 1. 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.

SB196,,162 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.

SB196,,163 (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.

SB196,61 Section 61. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to read:

SB196,,165 457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.

SB196,,166 (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:

SB196,,167 (a) The individual satisfies the requirements in s. 457.06.

SB196,,168 (b) The individual holds a home state license in another state that is a party to the compact, has changed his or her primary state of residence to this state, and satisfies all other requirements under s. 457.50 (5).

SB196,,169 (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.

SB196,,170 (d) The individual passes an examination described under s. 457.16 (1) (b), if required.

SB196,,171 (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:

SB196,,172 (a) The individual holds an unencumbered home state license in another state that is a party to the compact and satisfies all other requirements under s. 457.50 (4).

SB196,,173 (b) The individual applies for the privilege to practice in the manner prescribed by the department.

SB196,,174 (c) The individual pays any fee established by the department under s. 457.51 (2).

SB196,,175 (d) The individual passes an examination described under s. 457.16 (1) (b), if required.

SB196,,176 (4m) Types of license. (a) A professional counselor license granted under sub. (1m) may be either of the following:

SB196,,177 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 compact.

SB196,,178 2. A single-state license, which only entitles the holder to practice in this state. Nothing in the compact applies to the holder of a single-state license unless otherwise applicable under this subchapter.

SB196,,179 (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.

SB196,62 Section 62. 457.13 (1) (c) of the statutes is amended to read:

SB196,,181 457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).

SB196,63 Section 63. 457.14 (1) (f) of the statutes is amended to read:

SB196,,183 457.14 (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).

SB196,64 Section 64. 457.15 (3) of the statutes is amended to read:

SB196,,185 457.15 (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).

SB196,65 Section 65. 457.16 (1) of the statutes is renumbered 457.16 (1) (a).

SB196,66 Section 66. 457.16 (1) (b) of the statutes is created to read:

SB196,,188 457.16 (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).

SB196,67 Section 67. 457.18 of the statutes is created to read:

SB196,,190 457.18 Practice under 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:

SB196,,191 (1) Practice professional counseling in this state, subject to s. 457.50 (4).

SB196,,192 (2) Practice professional counseling in this state via telehealth, as defined in s. 457.50 (2) (y), subject to s. 457.50 (7).

SB196,68 Section 68. 457.20 (1) and (2) of the statutes are amended to read:

SB196,,194 457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter subchapter.

SB196,,195 (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).

SB196,69 Section 69. 457.24 (1) of the statutes is amended to read:

SB196,,197 457.24 (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 subchapter or who is exercising the professional counselor privilege to practice in this state 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.

SB196,70 Section 70. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to read:

SB196,,199 457.26 (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.

SB196,,200 (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 deny, limit, suspend, or revoke a credential under this chapter subchapter if it finds that the applicant or credential holder has done any of the following:

SB196,,201 (h) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

SB196,71 Section 71. Subchapter II of chapter 457 [precedes 457.50] of the statutes is created to read:

SB196,,203 CHAPTER 457

SB196,,204 SUBCHAPTER II

SB196,,205 COUNSELING COMPACT

SB196,,206 457.50 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: