SB74: Bill Text

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

SB74,1 Section 1. 14.898 of the statutes is created to read:

SB74,2,7 14.898 Social work licensure compact. There is created a social work licensure compact commission as specified in s. 457.70. The delegate on the commission representing this state shall be appointed by the marriage and family therapy, professional counseling, and social work examining board as provided in s. 457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 457.70.

SB74,2 Section 2. 46.90 (4) (ab) 4. of the statutes is amended to read:

SB74,2,12 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family therapist certified under, as those terms are defined in subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB74,3 Section 3. 48.56 (2) of the statutes is amended to read:

SB74,2,17 48.56 (2) Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457, as defined in s. 457.01 (10).

SB74,4 Section 4. 48.561 (2) of the statutes is amended to read:

SB74,3,3 48.561 (2) The department shall employ personnel in a county having a population of 750,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457, as defined in s. 457.01 (10).

SB74,5 Section 5. 49.45 (30j) (a) 1. of the statutes is amended to read:

SB74,3,21 49.45 (30j) (a) 1. “Competent mental health professional” means a physician who has completed a residence in psychiatry; a psychologist; a private practice school psychologist who is licensed under ch. 455; a marriage and family therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s) 457.01 (7), in this state; an advanced practice social worker who holds a certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social worker who holds a certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker who is licensed under s. 457.08 (4), as defined in s. 457.01 (1r); a clinical substance abuse counselor or independent clinical supervisor who is certified under s. 440.88, or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Competent mental health professional” does not include an individual whose license, certificate, or privilege is suspended, revoked, or voluntarily surrendered, or whose license, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB74,6 Section 6. 51.03 (6) (a) of the statutes is amended to read:

SB74,4,14 51.03 (6) (a) In this subsection, “licensed treatment professional” means a physician who has completed a residence in psychiatry; a psychologist; a private practice school psychologist who is licensed under ch. 455; a marriage and family therapist who is licensed under s. 457.10 or 457.11, as defined in s. 457.01 (3); a professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state, as defined in s. 457.01 (7); an advanced practice social worker who holds a certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social worker who is licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker who is licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Licensed treatment professional” does not include an individual whose license, certificate, or privilege is suspended, revoked, or voluntarily surrendered, or whose license, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB74,7 Section 7. 55.043 (1m) (a) 4. of the statutes is amended to read:

SB74,4,19 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and family therapist certified under, as those terms are defined in subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB74,8 Section 8. 146.81 (1) (hg) of the statutes is amended to read:

SB74,4,24 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under, as those terms are defined in subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB74,9 Section 9. 146.89 (1) (r) 6. of the statutes is amended to read:

SB74,5,3 146.89 (1) (r) 6. A social worker who holds a certificate granted under subch. I of ch. 457, as defined in s. 457.01 (10).

SB74,10 Section 10. 146.89 (1) (r) 7. of the statutes is amended to read:

SB74,5,7 146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch. I of ch. 457, as defined in s. 457.01 (3) or a professional counselor who is licensed under subch. I of ch. 457, as defined in s. 457.01 (7).

SB74,11 Section 11. 146.997 (1) (d) 11. of the statutes is amended to read:

SB74,5,12 146.997 (1) (d) 11. A social worker, marriage and family therapist or professional counselor certified under, as those terms are defined in subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB74,12 Section 12. 252.14 (1) (ar) 7. of the statutes is amended to read:

SB74,5,17 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor certified or licensed under, as those terms are defined in subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB74,13 Section 13. 252.15 (1) (er) of the statutes is amended to read:

SB74,5,22 252.15 (1) (er) “Social worker” means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under, as those terms are defined in subch. I of ch. 457.

SB74,14 Section 14. 253.10 (2) (f) of the statutes is amended to read:

SB74,6,4 253.10 (2) (f) “Qualified person assisting the physician” means a social worker certified under subch. I of ch. 457, as defined in s. 457.01 (10), a registered nurse or a physician assistant to whom a physician who is to perform or induce an abortion has delegated the responsibility, as the physician’s agent, for providing the information required under sub. (3) (c) 2.

SB74,15 Section 15. 303.08 (1) (f) of the statutes is amended to read:

SB74,6,12 303.08 (1) (f) Obtaining counseling or therapy from an approved public treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, as defined in s. 457.01 (1r), a professional counselor, as defined in s. 457.01 (7), or a certified an independent social worker, as defined in s. 457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c), who is authorized to practice psychotherapy under subch. I of ch. 457.

SB74,16 Section 16. 440.03 (11m) (c) 2v. of the statutes is created to read:

SB74,6,15 440.03 (11m) (c) 2v. The coordinated data system under s. 457.70 (11), if such disclosure is required under the social work licensure compact under s. 457.70.

SB74,17 Section 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB74,7,2 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and 459.70 (3) (b) 2.:

SB74,18 Section 18. 440.03 (13) (c) 1. id. of the statutes is created to read:

SB74,7,6 440.03 (13) (c) 1. id. An applicant for any category of social worker multistate license under s. 457.08 (4m) when required pursuant to the social work licensure compact under s. 457.70.

SB74,19 Section 19. 440.15 of the statutes is amended to read:

SB74,7,15 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.

SB74,20 Section 20. 446.01 (1v) (m) of the statutes is amended to read:

SB74,7,23 446.01 (1v) (m) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457. “Health care professional” also includes an individual who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state and an individual who is exercising a multistate authorization to practice, as defined in s. 457.70 (2) (q), under any category of social worker multistate license, as defined in s. 457.70 (2) (r), in this state.

SB74,21 Section 21. 450.10 (3) (a) 10. of the statutes is amended to read:

SB74,8,4 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under, as those terms are defined in subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB74,22 Section 22. 457.01 (1c) of the statutes is amended to read:

SB74,8,9 457.01 (1c) “Advanced practice social worker” means an individual who holds an advanced practice social worker certificate granted by the social worker section or who is exercising a multistate authorization to practice under a master’s- category multistate license.

SB74,23 Section 23. 457.01 (1r) of the statutes is amended to read:

SB74,8,14 457.01 (1r) “Clinical social worker” means an individual who holds a license to practice clinical social work granted by the social worker section or who is exercising a multistate authorization to practice under a clinical-category multistate license.

SB74,24 Section 24. 457.01 (5g) of the statutes is created to read:

SB74,8,19 457.01 (5g) “Multistate authorization to practice” means the multistate authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice the appropriate category of social work in this state under a multistate license granted by another state that is a party to the social work licensure compact.

SB74,25 Section 25. 457.01 (5j) of the statutes is created to read:

SB74,8,21 457.01 (5j) “Multistate license” has the meaning given in s. 457.70 (2) (r).

SB74,26 Section 26. 457.01 (10) of the statutes is amended to read:

SB74,9,2 457.01 (10) “Social worker” means an individual who holds a social worker certificate granted by the social worker section or who is exercising a multistate authorization to practice under a bachelor’s-category multistate license.

SB74,27 Section 27. 457.01 (12) of the statutes is created to read:

SB74,9,5 457.01 (12) “Social work licensure compact” means the social work licensure compact under s. 457.70.

SB74,28 Section 28. 457.02 (5) and (5m) of the statutes are amended to read:

SB74,9,11 457.02 (5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice 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.

SB74,9,20 (5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice 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.

SB74,29 Section 29. 457.03 (2) of the statutes is amended to read:

SB74,9,23 457.03 (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 credential holders and licensees individuals exercising a multistate authorization to practice. 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 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.

SB74,30 Section 30. 457.033 of the statutes is amended to read:

SB74,10,20 457.033 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 subchapter a credential holder, or an individual who holds a valid professional counselor privilege to practice in this state is exercising a multistate authorization to practice, 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 credential holder, licensee, or holder of a professional counselor privilege or individual who is exercising a multistate authorization to practice may not engage in psychometric testing except as provided under the rules promulgated under this section.

SB74,31 Section 31. 457.035 (2) of the statutes is amended to read:

SB74,10,24 457.035 (2) The individual is certified as an advanced practice social worker or independent social worker and the individual engages in psychotherapy only under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.

SB74,32 Section 32. 457.04 (1) of the statutes is amended to read:

SB74,11,4 457.04 (1) Use the title “social worker” unless the person is certified as a social worker under this subchapter or holds a bachelor’s-category multistate license granted in another state that is a party to the social work licensure compact.

SB74,33 Section 33. 457.04 (2) of the statutes is amended to read:

SB74,11,9 457.04 (2) Use the title “advanced practice social worker” unless the person is certified as an advanced practice social worker under this subchapter or holds a master’s-category multistate license granted in another state that is a party to the social work licensure compact.

SB74,34 Section 34. 457.04 (4) of the statutes is amended to read:

SB74,11,21 457.04 (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 subchapter or holds a clinical-category multistate license granted in another state that is a party to the social work licensure compact or unless the person is certified under this subchapter as an advanced practice social worker or independent social worker or holds a master’s-category multistate license granted in another state that is a party to the social work licensure compact, and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this subchapter.

SB74,35 Section 35. 457.04 (7) of the statutes is amended to read:

SB74,12,2 457.04 (7) Practice psychotherapy unless the person is licensed under this subchapter, holds a valid professional counselor privilege to practice in this state, or is a certificate holder who may practice psychotherapy under except in accordance with the rules promulgated under ss. 457.03 and 457.035.

SB74,36 Section 36. 457.08 (4m) of the statutes is created to read:

SB74,12,5 457.08 (4m) Multistate social work licenses. (a) The social worker section shall grant a clinical-category multistate license to any of the following:

SB74,12,8 1. An individual who holds or is eligible for a clinical social worker license under sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays the fee specified in s. 440.05 (1).

SB74,12,12 2. An individual who holds a clinical-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary domicile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB74,12,14 (b) The social worker section shall grant a master’s-category multistate license to any of the following:

SB74,12,17 1. An individual who holds or is eligible for an advanced practice social worker certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c), and pays the fee specified in s. 440.05 (1).

SB74,12,21 2. An individual who holds a master’s-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary domicile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB74,12,23 (c) The social worker section shall grant a bachelor’s-category multistate license to any of the following:

SB74,13,3 1. An individual who holds or is eligible for a social worker certificate under sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee specified in s. 440.05 (1).

SB74,13,7 2. An individual who holds a bachelor’s-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary domicile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB74,37 Section 37. 457.09 (4) (b) 1. of the statutes is amended to read:

SB74,13,11 457.09 (4) (b) 1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this subchapter who has a bachelor’s or master’s degree in social work.

SB74,38 Section 38. 457.09 (4) (b) 2. of the statutes is amended to read:

SB74,13,15 457.09 (4) (b) 2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this subchapter who has a bachelor’s or master’s degree in social work.

SB74,39 Section 39. 457.24 (1) of the statutes is amended to read:

SB74,13,23 457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this 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.