AB517: Bill Text

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.

AB517, s. 15 Section 15. 457.01 (2p) of the statutes is created to read:

AB517,7,9 457.01 (2p) "Independent social work" has the meaning given for advanced practice social work in sub. (1d).

AB517, s. 16 Section 16. 457.01 (2t) of the statutes is created to read:

AB517,7,12 457.01 (2t) "Independent social worker" means an individual who holds a license to practice independent social work granted by the social worker section.

AB517, s. 17 Section 17. 457.01 (2w) of the statutes is created to read:

AB517,7,14 457.01 (2w) "Licensee" means a person who is licensed under this chapter.

AB517, s. 18 Section 18. 457.01 (3) of the statutes is amended to read:

AB517,7,18 457.01 (3) "Marriage and family therapist" means an individual who practices holds a license to practice marriage and family therapy granted by the marriage and family therapist section.

AB517, s. 19 Section 19. 457.01 (5m) of the statutes is created to read:

AB517,7,21 457.01 (5m) "Permit holder" means an individual who holds a permit granted under this chapter.

AB517, s. 20 Section 20. 457.01 (7) of the statutes is amended to read:

AB517,7,25 457.01 (7) "Professional counselor" means an individual who practices holds a license to practice professional counseling granted by the professional counselor section.

AB517, s. 21 Section 21. 457.01 (9) of the statutes is amended to read:

AB517,8,11 457.01 (9) "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 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. 22 Section 22. 457.01 (10) of the statutes is amended to read:

AB517,8,14 457.01 (10) "Social worker" means an individual who practices holds a license to practice social work granted by the social worker section.

AB517, s. 23 Section 23. 457.02 (1) to (5) of the statutes are amended to read:

AB517,8,25 457.02 (1) Require any individual to be certified licensed under this chapter in order to use the title "pastoral counselor", "investment counselor", "vocational counselor", "career counselor", "alcohol and drug counselor" or "chemical dependency counselor", or to engage in such counseling, if the individual does not use any other title or designation which represents or may tend to represent that he or she is licensed to practice social work, advanced practice social work, independent social work, independent clinical social work, marriage and family therapy or professional counseling, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, independent clinical social work, marriage and family therapy or professional counseling.

AB517,9,4 (2) Require any individual who is licensed as a school social worker or school counselor by the department of education public instruction to be certified licensed as a social worker or professional counselor under this chapter in order to use the title "school social worker" or "school counselor".

AB517,9,12 (3) Require a person who is licensed as a psychologist under ch. 455 or who is a psychiatrist, as defined in s. 146.34 (1) (h), to be certified licensed as a marriage and family therapist or professional counselor under this chapter 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".

AB517,9,16 (4) Authorize any individual who is certified licensed as a social worker or professional counselor under this chapter 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 education public instruction.

AB517,9,21 (5) Authorize any individual who is certified licensed under this chapter 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 of health and family services.

AB517, s. 24 Section 24. 457.02 (6) of the statutes is created to read:

AB517,9,25 457.02 (6) Require a student enrolled in a program leading to a bachelor's degree in social work to be licensed as a social worker under this chapter if he or she is practicing social work within the scope of his or her education or training and under the supervision of a person who has received a bachelor's, master's or doctorate degree in social work.

AB517, s. 25 Section 25. 457.02 (7) of the statutes is created to read:

AB517,10,7 457.02 (7) Require a student enrolled in a program leading to a master's degree in social work to be licensed under this chapter if he or she is practicing social work within the scope of his or her education or training and under the supervision of a person who has received a master's or doctorate degree in social work.

AB517, s. 26 Section 26. 457.02 (8) of the statutes is created to read:

AB517,10,10 457.02 (8) Require a license or permit granted under this chapter for a person to do any of the following:

AB517,10,12 (a) Lawfully practice within the scope of a license, permit, registration or certification granted by this state or the federal government.

AB517,10,17 (b) Provide a consultation or demonstration with a marriage and family therapist, professional counselor or social worker if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling or social work in another state or territory of the United States.

AB517, s. 27 Section 27. 457.03 (1) to (3) of the statutes are amended to read:

AB517,11,2 457.03 (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 licensure under this chapter and for supervised clinical training that must be completed for certification licensure as an independent clinical social worker, marriage and family therapist or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.

AB517,11,18 (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 licensees and permit holders. The rules shall specify the services included within the practice of social work, advanced practice social work, independent social work or independent clinical social work that an individual who is certified licensed under this chapter as a social worker, advanced practice social worker, independent social worker or independent clinical social worker is qualified to may perform and the degree of supervision, if any, required to perform those services. The rules may not permit a certificate licensee or permit holder to engage in psychotherapy unless the individual is certified licensed under this chapter as an advanced practice social worker, independent social worker, independent clinical social worker, marriage and family therapist or professional counselor and has engaged in the equivalent of at least 2 years of full-time supervised social work, marriage and family therapy or professional counseling clinical practice after receiving the master's or doctorate degree required under s. 457.08 (3) (b) or (4) (b), 457.10 (2) or 457.12 (2).

AB517,11,24 (3) Upon the advice of the social worker section, promulgate rules establishing levels of advanced social work practice, in addition to the levels of practice for which certificates licenses are granted under s. 457.08 (2) to (4), and establishing appropriate educational, training, experience, examination and continuing education requirements for certification licensure and renewal of a certificate license at each level of practice established in rules promulgated under this subsection.

AB517, s. 28 Section 28. 457.04 (1) to (4) of the statutes are amended to read:

AB517,12,4 457.04 (1) Use Practice social work or designate himself or herself as a social worker or use or assume the title "social worker" or any other title or designation which represents or may tend to represent the person as a social worker unless the person is certified licensed as a social worker under this chapter.

AB517,12,11 (2) Use Designate himself or herself as an advanced practice social worker, use or assume the title "advanced practice social worker" or any other title or designation which represents or may tend to represent the person as an advanced practice social worker or, notwithstanding sub. (1), perform services specified in rules promulgated under s. 457.03 (2) that an advanced practice social worker may perform unless the person is certified licensed as an advanced practice social worker, independent social worker or independent clinical social worker under this chapter.

AB517,12,18 (3) Use Designate himself or herself as an independent social worker, use or assume the title "independent social worker" or any other title or designation which represents or may tend to represent the person as an independent social worker or, notwithstanding sub. (1), perform services specified in rules promulgated under s. 457.03 (2) that an independent social worker may perform unless the person is certified licensed as an independent social worker or independent clinical social worker under this chapter.

AB517,12,25 (4) Use Designate himself or herself as an independent clinical social worker, use or assume the title "independent clinical social worker" or "clinical social worker" or any other title or designation which represents or may tend to represent the person as an independent clinical social worker or, notwithstanding sub. (1), perform services specified in rules promulgated under s. 457.03 (2) that an independent clinical social worker may perform unless the person is certified licensed as an independent clinical social worker under this chapter.

AB517, s. 29 Section 29. 457.04 (5) of the statutes is amended to read:

AB517,13,6 457.04 (5) Use Practice marriage and family therapy or designate himself or herself as a marriage and family therapist or use or assume the title "marriage and family therapist", "marriage and family counselor" or any similar other title or designation which represents or may tend to represent the person as a marriage and family therapist unless any of the following applies:

AB517,13,8 (a) The person is certified licensed as a marriage and family therapist under this chapter.

AB517,13,11 (b) The person is certified licensed as an independent clinical social worker under this chapter and initially became certified as an independent clinical social worker under this chapter ch. 457, 1995 stats., on or before May 31, 1995.

AB517, s. 30 Section 30. 457.04 (6) of the statutes is amended to read:

AB517,13,18 457.04 (6) Use 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" or, "rehabilitation counselor" or any similar other title or designation which represents or may tend to represent the person as a professional counselor unless the person is certified licensed as a professional counselor under this chapter.