AB517: Bill Text

LRB-2063/1

MDK:kmg&jlg:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 517

September 16, 1997 - Introduced by Representatives Urban, Notestein, Johnsrud, Hasenohrl, Ott, Wasserman, Duff, Gronemus, Meyer, Seratti, Plale, Hoven, Plouff, Goetsch, Springer, Albers, Kelso and Hanson, cosponsored by Senators Grobschmidt, Farrow, Risser, C. Potter, Huelsman, Wirch and Breske. Referred to Committee on Consumer Affairs.

AB517,2,3 An Act to repeal 457.01 (1); to renumber and amend 15.405 (7c) (a); to amend 15.405 (7c) (c), 48.56 (2), 146.81 (1) (hg), 252.10 (7), 252.14 (1) (ar) 7., 253.10 (2) (f), 450.10 (3) (a) 10., 457.01 (3), 457.01 (7), 457.01 (9), 457.01 (10), 457.02 (1) to (5), 457.03 (1) to (3), 457.04 (1) to (4), 457.04 (5), 457.04 (6), 457.06 (intro.) and (1), 457.08 (title), 457.08 (1) (intro.), 457.08 (2) (intro.), 457.08 (3) (intro.), 457.08 (4) (intro.), 457.09 (title) and (1) (intro.) and (a), 457.09 (1) (d), 457.09 (2), 457.09 (3), 457.09 (4) (intro.), 457.09 (4) (b) 1. and 2., 457.09 (4m), 457.09 (5) (a) and (b), 457.09 (5) (d), 457.10 (intro.), 457.12 (intro.), 457.13 (title) and (1) (intro.) and (a), 457.13 (2), 457.14, 457.15 (title), 457.15 (1) (a) to (d), 457.15 (2), 457.15 (3), 457.16 (1), 457.16 (2), 457.16 (3), 457.20 (1) and (2), 457.20 (3) (c), 457.20 (4), 457.22, 457.25, 457.26 (2) (intro.), (a) and (b), 457.26 (2) (e), 457.26 (2) (g), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to create 457.01 (1d), 457.01 (1f), 457.01 (1m), 457.01 (2d), 457.01 (2h), 457.01 (2p), 457.01 (2t), 457.01 (2w), 457.01 (5m), 457.02 (6), 457.02 (7) and 457.02 (8) of the statutes; relating to: the regulation of social workers, advanced practice social workers, independent social workers, independent clinical social workers, marriage and family therapists, and professional counselors.

Analysis by the Legislative Reference Bureau

Under current law, the use of titles related to social work, marriage and family therapy and professional counseling is restricted to persons who satisfy certain eligibility requirements and who are granted a certificate by the examining board of social workers, marriage and family therapists and professional counselors (examining board). With respect to social work, there are certificates for the following titles: "social worker", "advanced practice social worker", "independent social worker" and "independent clinical social worker". The examining board is required to promulgate rules that specify the services that a person who is granted one of the social work certificates is qualified to perform. Current law does not prohibit a person who has not been granted a certificate from practicing social work, marriage and family therapy or professional counseling.

This bill transforms the certification requirements under current law into licensing requirements and restricts the use of titles related to social work, marriage and family therapy or professional counseling to persons who are licensed. The bill also prohibits, with certain exceptions, a person from practicing social work, marriage and family therapy or professional counseling unless he or she is licensed. In addition, a person may not perform services that may be performed by an advanced practice, independent or independent clinical social worker unless he or she has been granted a social worker license and either an advanced practice, independent or independent clinical social worker license. The examining board is required to promulgate rules that specify the services that may be performed by the different types of social workers. The eligibility requirements for a social worker, marriage and family therapist or professional counselor license, or for a license to practice an advanced level of social work, under the bill are the same as the requirements for a certificate under current law.

Under current law, no social worker, marriage and family therapist or professional counselor certificate is required for a person to use any of the following titles: "pastoral counselor", "investment counselor", "vocational counselor", "career counselor", "alcohol and drug counselor" or "chemical dependency counselor". This bill does not require a person to be licensed to use such a title or to engage in such counseling. Under current law, no certificate is required for a person who has been granted a school social worker or school counselor license by the department of public instruction to use the title "school social worker" or "school counselor". This bill does not require such a person to be licensed to use such a title. The bill's licensing requirements also do not apply to a person who is: 1) lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government; 2) practicing social work within the scope of his or her education or training as a student for a bachelor's or master's degree in social work; or 3) licensed to practice social work, marriage and family therapy or professional counseling in another state or territory of the United States and who provides a consultation or demonstration with a person who has been granted a license.

Under current law, the social worker and professional counselor sections of the examining board may grant a social worker or professional counselor training certificate that allows a person to use the title "social worker" or "professional counselor" before meeting certain eligibility requirements for a certificate. This bill allows the social worker and professional counselor sections of the examining board to grant a social worker or professional counselor training permit that is subject to the same requirements as a training certificate under current law. Also under current law, any section of the examining board may grant the following: 1) a temporary certificate to a person who has not yet passed an examination required for a certificate; and 2) a reciprocal certificate to a person who is certified in another state that has substantially similar certification requirements. Under this bill, any section of the examining board may grant a temporary or reciprocal license that is subject to the same requirements as a temporary or reciprocal certificate under current law.

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:

AB517, s. 1 Section 1. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.) and amended to read:

AB517,3,6 15.405 (7c) (a) (intro.) There is created an examining board of social workers, marriage and family therapists and professional counselors in the department of regulation and licensing. The consisting of the following members of the examining board shall be appointed for 4-year terms.:

AB517,3,8 1. Four members shall be certified who are licensed under ch. 457 as social workers.

AB517,3,10 2. Three members shall be certified who are licensed under ch. 457 as marriage and family therapists.

AB517,4,2 3. Three members shall be certified who are licensed under ch. 457 as professional counselors.

AB517,4,4 4. Three public members shall be public members. Of the 4 certified social worker.

AB517,4,6 (am) The 4 members, one appointed under par. (a) 1. shall be certified consist of the following:

AB517,4,8 1. One member who is licensed under ch. 457 as an advanced practice social worker, one shall be certified.

AB517,4,10 2. One member who is licensed under ch. 457 as an independent social worker, one shall be certified.

AB517,4,12 3. One member who is licensed under ch. 457 as an independent clinical social worker and at.

AB517,4,14 4. At least one shall be member who is employed as a social worker by a federal, state or local governmental agency.

AB517, s. 2 Section 2. 15.405 (7c) (c) of the statutes is amended to read:

AB517,4,20 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending or revoking a certificate permit or license under 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.

AB517, s. 3 Section 3. 48.56 (2) of the statutes is amended to read:

AB517,4,24 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 licensed under ch. 457.

AB517, s. 4 Section 4. 146.81 (1) (hg) of the statutes is amended to read:

AB517,5,2 146.81 (1) (hg) A social worker, marriage and family therapist or professional counselor certified licensed under ch. 457.

AB517, s. 5 Section 5. 252.10 (7) of the statutes is amended to read:

AB517,5,12 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (1) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than social workers, marriage and family therapists or professional counselors certified licensed under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of education public instruction or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV of ch. 448.

AB517, s. 6 Section 6. 252.14 (1) (ar) 7. of the statutes is amended to read:

AB517,5,15 252.14 (1) (ar) 7. A social worker, marriage and family therapist or professional counselor certified licensed under ch. 457.

AB517, s. 7 Section 7. 253.10 (2) (f) of the statutes is amended to read:

AB517,5,20 253.10 (2) (f) "Qualified person assisting the physician" means a social worker certified licensed under ch. 457, 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.

AB517, s. 8 Section 8. 450.10 (3) (a) 10. of the statutes is amended to read:

AB517,5,23 450.10 (3) (a) 10. A social worker, marriage and family therapist or professional counselor certified licensed under ch. 457.

AB517, s. 9 Section 9. 457.01 (1) of the statutes is repealed.

AB517, s. 10 Section 10. 457.01 (1d) of the statutes is created to read:

AB517,6,11 457.01 (1d) "Advanced practice social work" means applying psychosocial, psychotherapeutic or counseling principles, methods or procedures in the assessment, evaluation, or psychosocial or psychotherapeutic diagnosis, prevention, treatment or resolution of a complex difficulty in the social, psychological, personal, emotional or mental disorder functioning of an individual, couple, family, group of individuals or community, including the enhancement or restoration of, or the creation of societal conditions favorable to the enhancement or restoration of, the capacity of an individual, couple, family, group of individuals or community for social functioning or the delivery of services to a group of individuals or a community to assist the group or community in providing or improving the provision of social or health services to others.

AB517, s. 11 Section 11. 457.01 (1f) of the statutes is created to read:

AB517,6,15 457.01 (1f) "Advanced practice social worker" means an individual who holds a license to practice advanced practice social work granted by the social worker section.

AB517, s. 12 Section 12. 457.01 (1m) of the statutes is created to read:

AB517,6,18 457.01 (1m) "Credential" means a license, permit, or certificate of certification or registration, that is issued by another state or territory of the United States.

AB517, s. 13 Section 13. 457.01 (2d) of the statutes is created to read:

AB517,7,2 457.01 (2d) "Independent clinical social work" means providing services without supervision for the diagnosis, treatment and prevention of mental and emotional disorders in individuals, families and groups, to restore, maintain and enhance social functioning through treatment interventions that include psychosocial evaluation, counseling of individuals, families or groups, referral to community resources, advocacy, facilitation of organizational change to meet social needs and individual, marital or group psychotherapy.

AB517, s. 14 Section 14. 457.01 (2h) of the statutes is created to read:

AB517,7,6 457.01 (2h) "Independent clinical social worker" means an individual who holds a license to practice independent clinical social work granted by the social worker section.