SB203: Bill Text

LRB-2435/3

MDK:cmh:jf

1999 - 2000 LEGISLATURE

1999 Senate BILL 203

June 29, 1999 - Introduced by Senators Grobschmidt, Rosenzweig, George, Farrow, Breske and Darling, cosponsored by Representatives Urban, Wasserman, Freese, Plouff, Goetsch, Sinicki, Musser, Young, Ott, Schneider, Seratti, Plale, Gronemus, Albers, Hasenohrl, Handrick and Meyer. Referred to Committee on Human Services and Aging.

SB203,2,14 An Act to repeal 457.01 (4), 457.01 (8) and 457.01 (11); to renumber 457.01 (1); to renumber and amend 15.405 (7c) (a), 457.01 (3), 457.01 (7), 457.03, 457.08 (4) (c), 457.10 (3), 457.12 (3) (a), 457.12 (3) (b), 457.15 (1) (d), 457.15 (2), 457.15 (3) and 457.22; to amend 15.08 (1m) (b), 15.405 (7c) (d), 15.405 (7c) (e), 15.405 (7c) (f), 48.981 (2), 146.81 (1) (hg), 180.1901 (1m) (f), 252.10 (7), 252.14 (1) (ar) 7., 440.08 (2) (a) 46m., 440.08 (2) (a) 63m., 450.10 (3) (a) 10., 457.01 (2), 457.01 (9), 457.01 (10), 457.02 (1) to (5), 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 (1) (b), 457.08 (1) (c), 457.08 (2) (intro.), 457.08 (2) (b), 457.08 (2) (c), 457.08 (3) (intro.), 457.08 (3) (b), 457.08 (3) (c), 457.08 (3) (d), 457.08 (4) (intro.), 457.08 (4) (b), 457.08 (4) (d), 457.09 (title) and (1) (intro.) and (a), 457.09 (1) (c), 457.09 (1) (d), 457.09 (2), 457.09 (3), 457.09 (4) (intro.), 457.09 (4m), 457.09 (5), 457.10 (intro.), 457.10 (2) (intro.), 457.10 (2) (b), 457.10 (4), 457.12 (intro.), 457.12 (2), 457.12 (3) (intro.), 457.12 (4), 457.13 (title) and (1) (intro.) and (a), 457.13 (1) (d), 457.13 (2), 457.14, 457.15 (title), 457.15 (1) (intro.), (a), (b) and (c), 457.16 (1), 457.16 (2), 457.16 (3), 457.20 (1) and (2), 457.20 (3) (b) and (c), 457.20 (4), 457.25, 457.26 (2) (intro.), (a) and (b), 457.26 (2) (e), 457.26 (2) (f), 457.26 (2) (g), 895.70 (1) (e), 905.04 (1) (bm), 905.04 (1) (dm) and 940.22 (1) (i); to repeal and recreate 15.405 (7c) (title), 15.405 (7c) (b), 15.405 (7c) (c), chapter 457 (title) and 457.01 (8m); and to create 15.405 (7c) (a) 2., 457.01 (1e), 457.01 (1o), 457.01 (1r), 457.01 (1s), 457.01 (1w), 457.01 (2g), 457.01 (2r), 457.01 (2w), 457.02 (6), 457.03 (1), (ae), (am) and (as), 457.03 (1) (be), (bm) and (bs), 457.03 (1) (d) and (e), 457.03 (1) (f), 457.03 (2m), 457.04 (7), 457.08 (4) (c) 1., 2. and 3., 457.10 (3) (a), (b) and (c), 457.11, 457.12 (3) (a) 1., 2. and 3., 457.12 (3) (b) 1., 2. and 3. and 457.22 (1) (b), (c) and (d) of the statutes; relating to: regulating of social workers, advanced practice social workers, independent social workers, clinical social workers, marriage and family therapists, and professional counselors and granting rule-making authority.

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). The examining board consists of a social worker section, a marriage and family therapist section and a professional counselor section. With respect to social work, the examining board grants 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 for independent clinical social workers, marriage and family therapists and professional counselors into licensing requirements and changes the titles "independent clinical social worker", "marriage and family therapist" and "professional counselor" to "clinical social worker", "clinical marriage and family therapist" and "clinical professional counselor". The bill eliminates the sections of the examining board under current law, and creates instead a certification section and a licensure section. The bill also changes the name of the examining board to the social work, marriage and family therapy and professional counseling examining board.

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:

SB203, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB203,4,11 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, occupational therapy examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the social work, marriage and family therapy and professional counseling examining board of social workers, marriage and family therapists and professional counselors and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB203, s. 2 Section 2. 15.405 (7c) (title) of the statutes is repealed and recreated to read:

SB203,4,14 15.405 (7c) (title) Social work, marriage and family therapy and professional counseling examining board.

SB203, s. 3 Section 3. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.) and amended to read:

SB203,5,5 15.405 (7c) (a) (intro.) There is created an a social work, marriage and family therapy and professional counseling 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. Four:

SB203,5,7 1. Three members shall be who are certified under ch. 457 as social workers. Three members shall be certified under ch. 457 as

SB203,5,9 3. Two clinical marriage and family therapists. Three therapist members shall be certified under ch. 457 as who are licensed under ch. 457.

SB203,5,11 4. Two clinical professional counselors. Three members shall be counselor members who are licensed under ch. 457.

SB203,5,14 5. Three public members. Of the 4 certified social worker members, one shall be who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under ch. 457.

SB203,5,15 (am) The 3 members appointed under par. (a) 1. shall consist of the following:

SB203,5,17 1. One member who is certified under ch. 457 as an advanced practice social worker, one shall be.

SB203,5,19 2. One member who is certified under ch. 457 as an independent social worker, one shall be certified under ch. 457 as an independent clinical social worker and at.

SB203,5,21 3. At least one shall be member who is employed as a social worker by a federal, state or local governmental agency.

SB203, s. 4 Section 4. 15.405 (7c) (a) 2. of the statutes is created to read:

SB203,5,24 15.405 (7c) (a) 2. Two clinical social worker members who are licensed under ch. 457.

SB203, s. 5 Section 5. 15.405 (7c) (b) of the statutes is repealed and recreated to read:

SB203,6,7 15.405 (7c) (b) In operation, the examining board shall be divided into a certification section and a licensure section. The certification section shall consist of the members of the examining board appointed under par. (a) 1. and one of the public members of the examining board. The licensure section shall consist of the members of the examining board appointed under par. (a) 2., 3. and 4. and the public members of the examining board, including the public member who is also a member of the certification section.

SB203, s. 6 Section 6. 15.405 (7c) (c) of the statutes is repealed and recreated to read:

SB203,6,13 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending or revoking a certificate under ch. 457 shall be acted upon solely by the certification section of the examining board and all matters pertaining to granting, denying, limiting, suspending or revoking a license under ch. 457 shall be acted upon solely by the licensure section of the examining board.

SB203, s. 7 Section 7. 15.405 (7c) (d) of the statutes is amended to read:

SB203,6,17 15.405 (7c) (d) All matters that the examining board determines are of joint interest shall be considered by joint meetings of all both sections of the examining board or of those sections to which the problem is of interest.

SB203, s. 8 Section 8. 15.405 (7c) (e) of the statutes is amended to read:

SB203,6,24 15.405 (7c) (e) Notwithstanding s. 15.08 (4) (a), at a joint meeting of all both sections of the examining board, a majority of the examining board constitutes a quorum to do business only if at least 8 members are present at the meeting. At a meeting of a section of the examining board or a joint meeting of 2 or more of the both sections of the examining board, each member who is present has one vote, except as provided in par. (f).

SB203, s. 9 Section 9. 15.405 (7c) (f) of the statutes is amended to read:

SB203,7,4 15.405 (7c) (f) At a joint meeting of the social worker section and one or both of the other both sections of the examining board, each member who is present has one vote, except that the social worker nonpublic members of the certification section each have three-fourths two-thirds of a vote if all 4 3 of those members are present.

SB203, s. 10 Section 10. 48.981 (2) of the statutes is amended to read:

SB203,8,2 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, clinical marriage and family therapist, clinical professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

SB203, s. 11 Section 11. 146.81 (1) (hg) of the statutes is amended to read:

SB203,8,5 146.81 (1) (hg) A social worker, clinical marriage and family therapist or clinical professional counselor certified or licensed under ch. 457.