2023 WISCONSIN ACT
An Act to renumber 457.25 (1); to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1) (b), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.08 (2) (a) (intro.), 440.094 (1) (c) 3. and 5., 440.094 (1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.), 457.01 (1c), 457.01 (1g), 457.01 (1r), 457.01 (2r), 457.01 (10), 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c), 457.03 (2), 457.033, 457.035 (1) and (2), 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7), 457.09 (4) (b) 1. and 2., 457.20 (1) and (2), 457.24 (1), 457.26 (2) (intro.), 632.89 (1) (e) 4., 800.035 (2m) and 905.04 (1) (g); to repeal and recreate 632.89 (1) (dm); and to create 14.898, 440.03 (11m) (c) 2v., 440.03 (13) (c) 1. id., 440.094 (1) (c) 9g., 9m., 17. and 19., 440.095, subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (5g), 457.01 (5i), 457.01 (12), 457.08 (4m), 457.25 (1g) and subchapter III of chapter 457 [precedes 457.70] of the statutes; relating to: preliminary health care credentials granted to previously unlicensed individuals and ratification of the Social Work Licensure Compact.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB158,1Section 1. 14.898 of the statutes is created to read: 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.
SB158,2Section 2. 15.405 (7c) (a) 1. of the statutes is amended to read: 15.405 (7c) (a) 1. Four social worker members who are certified or licensed under subch. I of ch. 457.
SB158,3Section 3. 15.405 (7c) (a) 2. of the statutes is amended to read: 15.405 (7c) (a) 2. Three marriage and family therapist members who are licensed under subch. I of ch. 457.
SB158,4Section 4. 15.405 (7c) (a) 3. of the statutes is amended to read: 15.405 (7c) (a) 3. Three professional counselor members who are licensed under subch. I of ch. 457.
SB158,5Section 5. 15.405 (7c) (a) 4. of the statutes is amended to read: 15.405 (7c) (a) 4. Three public members who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under subch. I of ch. 457.
SB158,6Section 6. 15.405 (7c) (am) 1. of the statutes is amended to read: 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch. 457 as an advanced practice social worker.
SB158,7Section 7. 15.405 (7c) (am) 3. of the statutes is amended to read: 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch. 457 as a clinical social worker.
SB158,8Section 8. 15.405 (7c) (c) of the statutes is amended to read: 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under subch. I of ch. 457, and all other matters of interest to either the social worker, marriage and family therapist, or professional counselor section shall be acted upon solely by the interested section of the examining board.
SB158,9Section 9. 46.90 (4) (ab) 4. of the statutes is amended to read: 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family therapist certified, as those terms are defined under subch. I of ch. 457.
SB158,10Section 10. 48.56 (2) of the statutes is amended to read: 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 ch. 457, as defined in s. 457.01 (10).
SB158,11Section 11. 48.561 (2) of the statutes is amended to read: 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 ch. 457, as defined in s. 457.01 (10).
SB158,12Section 12. 49.45 (30j) (a) 1. of the statutes is amended to read: 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; an advanced practice social worker granted a certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social worker granted a certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker 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 or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.
SB158,13Section 13. 51.03 (6) (a) of the statutes is amended to read: 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; a professional counselor who is licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social worker licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker 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 or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.
SB158,14Section 14. 55.043 (1m) (a) 4. of the statutes is amended to read: 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and family therapist certified, as those terms are defined under subch. I of ch. 457.
SB158,15Section 15. 146.81 (1) (hg) of the statutes is amended to read: 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed, as those terms are defined under subch. I of ch. 457.
SB158,16Section 16. 146.89 (1) (r) 6. of the statutes is amended to read: 146.89 (1) (r) 6. A social worker who holds a certificate granted under ch. 457, as defined in s. 457.01 (10).
SB158,17Section 17. 146.89 (1) (r) 7. of the statutes is amended to read: 146.89 (1) (r) 7. A marriage and family therapist who is licensed under ch. 457, as defined in s. 457.01 (3) or a professional counselor who is licensed under ch. 457, as defined in s. 457.01 (7).
SB158,18Section 18. 146.997 (1) (d) 11. of the statutes is amended to read: 146.997 (1) (d) 11. A social worker, marriage and family therapist or professional counselor certified, as those terms are defined under subch. I of ch. 457.
SB158,19Section 19. 180.1901 (1m) (f) of the statutes is amended to read: 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457.
SB158,20Section 20. 252.14 (1) (ar) 7. of the statutes is amended to read: 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor certified or licensed, as those terms are defined under subch. I of ch. 457.
SB158,21Section 21. 252.15 (1) (er) of the statutes is amended to read: 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, as those terms are defined under subch. I of ch. 457.
SB158,22Section 22. 253.10 (2) (f) of the statutes is amended to read: 253.10 (2) (f) “Qualified person assisting the physician” means a social worker certified under 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.
SB158,23Section 23. 256.215 (2) (b) of the statutes is amended to read: 256.215 (2) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the appropriate service level to be used by a community paramedic or a community emergency medical services practitioner. The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448 or subch. I of ch. 457 or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
SB158,24Section 24. 257.01 (1) (a) of the statutes is amended to read: 257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.
SB158,25Section 25. 257.01 (1) (b) of the statutes is amended to read: 257.01 (1) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a psychologist under ch. 455 or certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor under subch. I of ch. 457, if the individual’s license or certification was never revoked, limited, suspended, or denied renewal.
SB158,26Section 26. 303.08 (1) (f) of the statutes is amended to read: 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 licensed under ch. 457, or a certified, as defined in s. 457.01 (7), 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.
SB158,27Section 27. 440.03 (11m) (c) 2v. of the statutes is created to read: 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.
SB158,28Section 28. 440.03 (13) (b) (intro.) of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read: 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.:
SB158,30Section 30. 440.03 (13) (c) 1. id. of the statutes is created to read: 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.
SB158,31Section 31. 440.03 (14) (am) of the statutes is amended to read: 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under subch. I of ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.
SB158,32Section 32. 440.043 (1) of the statutes is amended to read: 440.043 (1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral health.
SB158,32gSection 32g. 440.08 (2) (a) (intro.) of the statutes is amended to read: 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094, 440.095, 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:
SB158,32jSection 32j. 440.094 (1) (c) 3. and 5. of the statutes, as affected by 2023 Wisconsin Act 87, are amended to read: 440.094 (1) (c) 3. A dentist or, dental therapist, dental hygienist, or expanded function dental auxiliary licensed or certified under ch. 447.
5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.
SB158,32LSection 32L. 440.094 (1) (c) 9g., 9m., 17. and 19. of the statutes are created to read: 440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.
9m. A physician assistant licensed under subch. IX of ch. 448.
