SB196: Bill Text

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:

SB196,,207 (a) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

SB196,,208 (b) Enhance the states’ ability to protect the public’s health and safety;

SB196,,209 (c) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

SB196,,210 (d) Support spouses of relocating active duty military personnel;

SB196,,211 (e) Enhance the exchange of licensure, investigative, and disciplinary information among member states;

SB196,,212 (f) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

SB196,,213 (g) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

SB196,,214 (h) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

SB196,,215 (i) Eliminate the necessity for licenses in multiple states; and

SB196,,216 (j) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.

SB196,,217 (2) Definitions. As used in this section, and except as otherwise provided, the following definitions apply:

SB196,,218 (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211.

SB196,,219 (b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.

SB196,,220 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

SB196,,221 (d) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

SB196,,222 (e) “Counseling compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

SB196,,223 (f) “Current significant investigative information” means any of the following:

SB196,,224 1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

SB196,,225 2. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

SB196,,226 (g) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information.

SB196,,227 (h) “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the national practitioners data bank (NPDB).

SB196,,228 (i) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

SB196,,229 (j) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

SB196,,230 (k) “Home state” means the member state that is the licensee’s primary state of residence.

SB196,,231 (L) “Impaired practitioner” means an individual who has a condition(s) that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

SB196,,232 (m) “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

SB196,,233 (n) “Jurisprudence requirement” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.

SB196,,234 (o) “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.

SB196,,235 (p) “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.

SB196,,236 (q) “Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.

SB196,,237 (r) “Member state” means a state that has enacted the compact.

SB196,,238 (s) “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.

SB196,,239 (t) “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.

SB196,,240 (u) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.

SB196,,241 (v) “Rule” means a regulation promulgated by the commission that has the force of law.

SB196,,242 (w) “Single state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

SB196,,243 (x) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.

SB196,,244 (y) “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.

SB196,,245 (z) “Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.

SB196,,246 (3) State participation in the compact. (a) To participate in the compact, a state must currently:

SB196,,247 1. License and regulate licensed professional counselors.

SB196,,248 2. Require licensees to pass a nationally recognized exam approved by the commission.

SB196,,249 3. Require licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:

SB196,,250 a. Professional counseling orientation and ethical practice;

SB196,,251 b. Social and cultural diversity;

SB196,,252 c. Human growth and development;

SB196,,253 d. Career development;

SB196,,254 e. Counseling and helping relationships;

SB196,,255 f. Group counseling and group work;

SB196,,256 g. Diagnosis and treatment; assessment and testing;

SB196,,257 h. Research and program evaluation; and

SB196,,258 i. Other areas as determined by the commission.

SB196,,259 4. Require licensees to complete a supervised postgraduate professional experience as defined by the commission.

SB196,,260 5. Have a mechanism in place for receiving and investigating complaints about licensees.

SB196,,261 (b) A member state shall:

SB196,,262 1. Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules;