The bill prohibits, with certain exceptions, a person from practicing clinical
social work, marriage and family therapy or professional counseling unless he or she
is licensed. In addition, the bill prohibits persons who are not licensed under the bill
from practicing psychotherapy, except for persons certified as advanced practice and
independent social workers who practice psychotherapy under the supervision of
persons licensed under the bill and except for persons who practice psychotherapy
within the scope of practice of other state or federal licenses.
The eligibility requirements for a clinical social worker, marriage and family
therapist or professional counselor license under the bill are the same as the
requirements for a certificate under current law, except for the requirement that an
applicant must have two full years of supervised clinical experience approved by the
examining board. Under this bill, this experience must be supervised by an
individual who holds the same license for which the applicant is applying and who
has: 1) a doctorate degree; 2) a master's degree and five years of clinical practice; or
3) comparable educational or practical experience specified in rules promulgated by
the examining board.
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 certified or licensed to use such a title or to engage
in such counseling or to use the title "employe assistance counselor" 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 certified or 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; or 2) licensed to practice clinical 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.
The bill also makes other changes to the regulation of social work, marriage and
family therapy and professional counseling, including the following:
1. The bill requires the examining board to promulgate rules that specify the
different levels of psychometric testing that may be performed by persons who are
certified as social workers, independent social workers or advanced practice social
workers or who are licensed under the bill.

2. The bill allows the examining board to promulgate professional conduct and
continuing education requirements upon the advice of the members of the examining
board who are certified or licensed under the bill.
3. The bill changes the name of the social worker and professional counselor
training "certificates" that may be issued under current law to training "permits",
but does not make any other changes regarding these certificates under current law.
4. The bill creates a clinical marriage and family therapist training permit.
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:
AB420, s. 1 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
AB420,4,112 15.08 (1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, occupational therapy examining council, respiratory care
5practitioners examining council and council on physician assistants, the board of
6nursing, the nursing home administrator examining board, the veterinary
7examining board, the optometry examining board, the pharmacy examining board,
8the social work, marriage and family therapy and professional counseling examining
9board of social workers, marriage and family therapists and professional counselors
10and the psychology examining board shall not be engaged in any profession or
11occupation concerned with the delivery of physical or mental health care.
AB420, s. 2 12Section 2. 15.405 (7c) (title) of the statutes is repealed and recreated to read:
AB420,4,1413 15.405 (7c) (title) Social work, marriage and family therapy and professional
14counseling examining board.
AB420, s. 3 15Section 3. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.)
16and amended to read:
AB420,5,5
115.405 (7c) (a) (intro.) There is created an a social work, marriage and family
2therapy and professional counseling
examining board of social workers, marriage
3and family therapists and professional counselors
in the department of regulation
4and licensing. The consisting of the following members of the examining board shall
5be
appointed for 4-year terms. Four:
AB420,5,7 61. Three members shall be who are certified under ch. 457 as social workers.
7Three members shall be certified under ch. 457 as
AB420,5,9 83. Two clinical marriage and family therapists. Three therapist members shall
9be certified under ch. 457 as
who are licensed under ch. 457.
AB420,5,11 104. Two clinical professional counselors. Three members shall be counselor
11members who are licensed under ch. 457.
AB420,5,14 125. Three public members. Of the 4 certified social worker members, one shall
13be
who represent groups that promote the interests of consumers of services provided
14by persons who are certified or licensed under ch. 457.
AB420,5,15 15(am) The 3 members appointed under par. (a) 1. shall consist of the following:
AB420,5,17 161. One member who is certified under ch. 457 as an advanced practice social
17worker, one shall be.
AB420,5,19 182. One member who is certified under ch. 457 as an independent social worker,
19one shall be certified under ch. 457 as an independent clinical social worker and at
.
AB420,5,21 203. At least one shall be member who is employed as a social worker by a federal,
21state or local governmental agency.
AB420, s. 4 22Section 4. 15.405 (7c) (a) 2. of the statutes is created to read:
AB420,5,2423 15.405 (7c) (a) 2. Two clinical social worker members who are licensed under
24ch. 457.
AB420, s. 5 25Section 5. 15.405 (7c) (b) of the statutes is repealed and recreated to read:
AB420,6,7
115.405 (7c) (b) In operation, the examining board shall be divided into a
2certification section and a licensure section. The certification section shall consist
3of the members of the examining board appointed under par. (a) 1. and one of the
4public members of the examining board. The licensure section shall consist of the
5members of the examining board appointed under par. (a) 2., 3. and 4. and the public
6members of the examining board, including the public member who is also a member
7of the certification section.
AB420, s. 6 8Section 6. 15.405 (7c) (c) of the statutes is repealed and recreated to read:
AB420,6,139 15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
10suspending or revoking a certificate under ch. 457 shall be acted upon solely by the
11certification section of the examining board and all matters pertaining to granting,
12denying, limiting, suspending or revoking a license under ch. 457 shall be acted upon
13solely by the licensure section of the examining board.
AB420, s. 7 14Section 7. 15.405 (7c) (d) of the statutes is amended to read:
AB420,6,1715 15.405 (7c) (d) All matters that the examining board determines are of joint
16interest shall be considered by joint meetings of all both sections of the examining
17board or of those sections to which the problem is of interest.
AB420, s. 8 18Section 8. 15.405 (7c) (e) of the statutes is amended to read:
AB420,6,2419 15.405 (7c) (e) Notwithstanding s. 15.08 (4) (a), at a joint meeting of all both
20sections of the examining board, a majority of the examining board constitutes a
21quorum to do business only if at least 8 members are present at the meeting. At a
22meeting of a section of the examining board or a joint meeting of 2 or more of the both
23sections of the examining board, each member who is present has one vote, except
24as provided in par. (f).
AB420, s. 9 25Section 9. 15.405 (7c) (f) of the statutes is amended to read:
AB420,7,4
115.405 (7c) (f) At a joint meeting of the social worker section and one or both
2of the other
both sections of the examining board, each member who is present has
3one vote, except that the social worker nonpublic members of the certification section
4each have three-fourths two-thirds of a vote if all 4 3 of those members are present.
AB420, s. 10 5Section 10. 48.981 (2) of the statutes is amended to read:
AB420,8,26 48.981 (2) Persons required to report. A physician, coroner, medical
7examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or
8mental health professional, social worker, clinical marriage and family therapist,
9clinical professional counselor, public assistance worker, including a financial and
10employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or
11counselor, mediator under s. 767.11, child care worker in a day care center or child
12caring institution, day care provider, alcohol or other drug abuse counselor, member
13of the treatment staff employed by or working under contract with a county
14department under s. 46.23, 51.42 or 51.437, physical therapist, occupational
15therapist, dietitian, speech-language pathologist, audiologist, emergency medical
16technician or police or law enforcement officer having reasonable cause to suspect
17that a child seen in the course of professional duties has been abused or neglected
18or having reason to believe that a child seen in the course of professional duties has
19been threatened with abuse or neglect and that abuse or neglect of the child will occur
20shall, except as provided under sub. (2m), report as provided in sub. (3). Any other
21person, including an attorney, having reason to suspect that a child has been abused
22or neglected or reason to believe that a child has been threatened with abuse or
23neglect and that abuse or neglect of the child will occur may make such a report. Any
24person, including an attorney having reason to suspect that an unborn child has been
25abused or reason to believe that an unborn child is at substantial risk of abuse may

1report as provided in sub. (3). No person making a report under this subsection may
2be discharged from employment for so doing.
AB420, s. 11 3Section 11. 146.81 (1) (hg) of the statutes is amended to read:
AB420,8,54 146.81 (1) (hg) A social worker, clinical marriage and family therapist or
5clinical professional counselor certified or licensed under ch. 457.
AB420, s. 12 6Section 12. 180.1901 (1m) (f) of the statutes is amended to read:
AB420,8,97 180.1901 (1m) (f) Examining Social work, marriage and family therapy and
8professional counseling examining
board of social workers, marriage and family
9therapists and professional counselors
under ch. 457.
AB420, s. 13 10Section 13. 252.10 (7) of the statutes is amended to read:
AB420,8,1911 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
12shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
13and dispensed to patients through the public health dispensaries or through health
14care providers, as defined in s. 146.81 (1), other than massage therapists or
15bodyworkers issued a license of registration under subch. x of ch. 440, social workers,
16clinical marriage and family therapists or clinical professional counselors certified
17or licensed under ch. 457, speech-language pathologists or audiologists licensed
18under subch. II of ch. 459, speech and language pathologists licensed by the
19department of public instruction or dietitians certified under subch. V of ch. 448.
AB420, s. 14 20Section 14. 252.14 (1) (ar) 7. of the statutes is amended to read:
AB420,8,2221 252.14 (1) (ar) 7. A social worker, clinical marriage and family therapist or
22clinical professional counselor certified or licensed under ch. 457.
AB420, s. 15 23Section 15. 440.08 (2) (a) 46m. of the statutes is amended to read:
AB420,8,2524 440.08 (2) (a) 46m. Marriage Clinical marriage and family therapist: July 1
25of each odd-numbered year; $66.
AB420, s. 16
1Section 16. 440.08 (2) (a) 63m. of the statutes is amended to read:
AB420,9,32 440.08 (2) (a) 63m. Professional Clinical professional counselor: July 1 of each
3odd-numbered year; $55.
AB420, s. 17 4Section 17. 450.10 (3) (a) 10. of the statutes is amended to read:
AB420,9,65 450.10 (3) (a) 10. A social worker, clinical marriage and family therapist or
6clinical professional counselor certified or licensed under ch. 457.
AB420, s. 18 7Section 18. Chapter 457 (title) of the statutes is repealed and recreated to
8read:
AB420,9,99 Chapter 457
AB420,9,1210 Social work, marriage and
11 family therapy ANd professional
12 counseling examining board
AB420, s. 19 13Section 19. 457.01 (1) of the statutes is renumbered 457.01 (1m).
AB420, s. 20 14Section 20. 457.01 (1e) of the statutes is created to read:
AB420,9,1615 457.01 (1e) "Advanced practice social worker" means an individual who holds
16an advanced practice social worker certificate granted by the certification section.
AB420, s. 21 17Section 21. 457.01 (1o) of the statutes is created to read:
AB420,9,1918 457.01 (1o) "Certification section" means the certification section of the
19examining board.
AB420, s. 22 20Section 22. 457.01 (1r) of the statutes is created to read:
AB420,9,2521 457.01 (1r) "Clinical social work" means providing services without
22supervision for the diagnosis, treatment and prevention of mental and emotional
23disorders in individuals, families and groups, to restore, maintain and enhance
24social functioning through treatment interventions that include psychosocial
25evaluation, counseling of individuals, families or groups, referral to community

1resources, advocacy, facilitation of organizational change to meet social needs and
2individual, marital or group psychotherapy.
AB420, s. 23 3Section 23. 457.01 (1s) of the statutes is created to read:
AB420,10,54 457.01 (1s) "Clinical social worker" means an individual who holds a license
5to practice clinical social work granted by the licensure section.
AB420, s. 24 6Section 24. 457.01 (1w) of the statutes is created to read:
AB420,10,87 457.01 (1w) "Credential" means a license, certificate or permit granted under
8this chapter.
AB420, s. 25 9Section 25. 457.01 (2) of the statutes is amended to read:
AB420,10,1210 457.01 (2) "Examining board" means the social work, marriage and family
11therapy and professional counseling
examining board of social workers, marriage
12and family therapists and professional counselors
.
AB420, s. 26 13Section 26. 457.01 (2g) of the statutes is created to read:
AB420,10,1514 457.01 (2g) "Independent social worker" means an individual who holds an
15independent social worker certificate granted by the certification section.
AB420, s. 27 16Section 27. 457.01 (2r) of the statutes is created to read:
AB420,10,1717 457.01 (2r) "Licensee" means a person who is licensed under this chapter.
AB420, s. 28 18Section 28. 457.01 (2w) of the statutes is created to read:
AB420,10,2019 457.01 (2w) "Licensure section" means the licensure section of the examining
20board.
AB420, s. 29 21Section 29. 457.01 (3) of the statutes is renumbered 457.01 (1p) and amended
22to read:
AB420,10,2523 457.01 (1p) "Marriage Clinical marriage and family therapist" means an
24individual who practices holds a license to practice marriage and family therapy
25granted by the licensure section.
AB420, s. 30
1Section 30. 457.01 (4) of the statutes is repealed.
AB420, s. 31 2Section 31. 457.01 (7) of the statutes is renumbered 457.01 (1q) and amended
3to read:
AB420,11,64 457.01 (1q) "Professional Clinical professional counselor" means an individual
5who practices holds a license to practice professional counseling granted by the
6licensure section
.
AB420, s. 32 7Section 32. 457.01 (8) of the statutes is repealed.
AB420, s. 33 8Section 33. 457.01 (8m) of the statutes is repealed and recreated to read:
AB420,11,149 457.01 (8m) "Psychotherapy" means the treatment, diagnosis, testing,
10assessment or counseling in a professional relationship to assist individuals or
11groups in alleviating mental or emotional disorders, understanding unconscious or
12conscious motivation, resolving emotional, relationship or attitudinal conflicts or
13modifying behavior that interferes with effective emotional, social or intellectual
14functioning.
AB420, s. 34 15Section 34. 457.01 (9) of the statutes is amended to read:
AB420,11,2516 457.01 (9) "Social work" means applying psychosocial , psychotherapeutic or
17counseling principles, methods or procedures in the assessment, evaluation, or
18psychosocial or psychotherapeutic diagnosis, prevention, treatment or resolution of
19a difficulty in the social, psychological, personal, emotional or mental disorder
20functioning of an individual, couple, family, group of individuals or community,
21including the enhancement or restoration of, or the creation of societal conditions
22favorable to the enhancement or restoration of, the capacity of an individual, couple,
23family, group of individuals or community for social functioning or the delivery of
24services to a group of individuals or a community to assist the group or community
25in providing or improving the provision of social or health services to others.
AB420, s. 35
1Section 35. 457.01 (10) of the statutes is amended to read:
AB420,12,32 457.01 (10) "Social worker" means an individual who practices holds a social
3work worker certificate granted by the certification section.
AB420, s. 36 4Section 36. 457.01 (11) of the statutes is repealed.
AB420, s. 37 5Section 37. 457.02 (1) to (5) of the statutes are amended to read:
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