LRB-2063/1
MDK:kmg&jlg:km
1997 - 1998 LEGISLATURE
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
1An Act to repeal 457.01 (1);
to renumber and amend 15.405 (7c) (a);
to amend
215.405 (7c) (c), 48.56 (2), 146.81 (1) (hg), 252.10 (7), 252.14 (1) (ar) 7., 253.10 (2)
3(f), 450.10 (3) (a) 10., 457.01 (3), 457.01 (7), 457.01 (9), 457.01 (10), 457.02 (1)
4to (5), 457.03 (1) to (3), 457.04 (1) to (4), 457.04 (5), 457.04 (6), 457.06 (intro.) and
5(1), 457.08 (title), 457.08 (1) (intro.), 457.08 (2) (intro.), 457.08 (3) (intro.),
6457.08 (4) (intro.), 457.09 (title) and (1) (intro.) and (a), 457.09 (1) (d), 457.09 (2),
7457.09 (3), 457.09 (4) (intro.), 457.09 (4) (b) 1. and 2., 457.09 (4m), 457.09 (5) (a)
8and (b), 457.09 (5) (d), 457.10 (intro.), 457.12 (intro.), 457.13 (title) and (1)
9(intro.) and (a), 457.13 (2), 457.14, 457.15 (title), 457.15 (1) (a) to (d), 457.15 (2),
10457.15 (3), 457.16 (1), 457.16 (2), 457.16 (3), 457.20 (1) and (2), 457.20 (3) (c),
11457.20 (4), 457.22, 457.25, 457.26 (2) (intro.), (a) and (b), 457.26 (2) (e), 457.26
12(2) (g), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and
to create 457.01
13(1d), 457.01 (1f), 457.01 (1m), 457.01 (2d), 457.01 (2h), 457.01 (2p), 457.01 (2t),
14457.01 (2w), 457.01 (5m), 457.02 (6), 457.02 (7) and 457.02 (8) of the statutes;
1relating to: the regulation of social workers, advanced practice social workers,
2independent social workers, independent clinical social workers, marriage and
3family 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
1Section
1. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.)
2and amended to read:
AB517,3,63
15.405
(7c) (a) (intro.) There is created an examining board of social workers,
4marriage and family therapists and professional counselors in the department of
5regulation and licensing
. The consisting of the following members
of the examining
6board shall be appointed for 4-year terms
.:
AB517,3,8
71. Four members
shall be certified
who are licensed under ch. 457 as social
8workers.
AB517,3,10
92. Three members
shall be certified
who are licensed under ch. 457 as marriage
10and family therapists.
AB517,4,2
13. Three members
shall be certified who are licensed under ch. 457 as
2professional counselors.
AB517,4,4
34. Three
public members
shall be public members. Of the 4 certified social
4worker.
AB517,4,6
5(am) The 4 members
, one appointed under par. (a) 1. shall
be certified consist
6of the following:
AB517,4,8
71. One member who is licensed under ch. 457 as an advanced practice social
8worker
, one shall be certified.
AB517,4,10
92. One member who is licensed under ch. 457 as an independent social worker
, 10one shall be certified.
AB517,4,12
113. One member who is licensed under ch. 457 as an independent clinical social
12worker
and at.
AB517,4,14
134. At least one
shall be member who is employed as a social worker by a federal,
14state or local governmental agency.
AB517, s. 2
15Section
2. 15.405 (7c) (c) of the statutes is amended to read:
AB517,4,2016
15.405
(7c) (c) All matters pertaining to granting, denying, limiting,
17suspending or revoking a
certificate permit or license under ch. 457, and all other
18matters of interest to either the social worker, marriage and family therapist or
19professional counselor section
, shall be acted upon solely by the interested section of
20the examining board.
AB517, s. 3
21Section
3. 48.56 (2) of the statutes is amended to read:
AB517,4,2422
48.56
(2) Each county department shall employ personnel who devote all or
23part of their time to child welfare services. Whenever possible, these personnel shall
24be social workers
certified licensed under ch. 457.
AB517, s. 4
25Section
4. 146.81 (1) (hg) of the statutes is amended to read:
AB517,5,2
1146.81
(1) (hg) A social worker, marriage and family therapist or professional
2counselor
certified licensed under ch. 457.
AB517, s. 5
3Section
5. 252.10 (7) of the statutes is amended to read:
AB517,5,124
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
5shall be purchased by the department from the appropriation under s. 20.435 (1) (e)
6and dispensed to patients through the public health dispensaries or through health
7care providers, as defined in s. 146.81 (1), other than social workers, marriage and
8family therapists or professional counselors
certified
licensed under ch. 457,
9speech-language pathologists or audiologists licensed under subch. II of ch. 459,
10speech and language pathologists licensed by the department of
education public
11instruction or, on or after July 1, 1995, and no later than June 30, 1999, dietitians
12certified under subch. IV of ch. 448.
AB517, s. 6
13Section
6. 252.14 (1) (ar) 7. of the statutes is amended to read:
AB517,5,1514
252.14
(1) (ar) 7. A social worker, marriage and family therapist or professional
15counselor
certified licensed under ch. 457.
AB517, s. 7
16Section
7. 253.10 (2) (f) of the statutes is amended to read:
AB517,5,2017
253.10
(2) (f) "Qualified person assisting the physician" means a social worker
18certified licensed under ch. 457, a registered nurse or a physician assistant to whom
19a physician who is to perform or induce an abortion has delegated the responsibility,
20as the physician's agent, for providing the information required under sub. (3) (c) 2.
AB517, s. 8
21Section
8. 450.10 (3) (a) 10. of the statutes is amended to read:
AB517,5,2322
450.10
(3) (a) 10. A social worker, marriage and family therapist or professional
23counselor
certified licensed under ch. 457.
AB517, s. 9
24Section
9. 457.01 (1) of the statutes is repealed.
AB517, s. 10
25Section
10. 457.01 (1d) of the statutes is created to read:
AB517,6,11
1457.01
(1d) "Advanced practice social work" means applying psychosocial,
2psychotherapeutic or counseling principles, methods or procedures in the
3assessment, evaluation, or psychosocial or psychotherapeutic diagnosis, prevention,
4treatment or resolution of a complex difficulty in the social, psychological, personal,
5emotional or mental disorder functioning of an individual, couple, family, group of
6individuals or community, including the enhancement or restoration of, or the
7creation of societal conditions favorable to the enhancement or restoration of, the
8capacity of an individual, couple, family, group of individuals or community for social
9functioning or the delivery of services to a group of individuals or a community to
10assist the group or community in providing or improving the provision of social or
11health services to others.
AB517, s. 11
12Section
11. 457.01 (1f) of the statutes is created to read:
AB517,6,1513
457.01
(1f) "Advanced practice social worker" means an individual who holds
14a license to practice advanced practice social work granted by the social worker
15section.
AB517, s. 12
16Section
12. 457.01 (1m) of the statutes is created to read:
AB517,6,1817
457.01
(1m) "Credential" means a license, permit, or certificate of certification
18or registration, that is issued by another state or territory of the United States.
AB517, s. 13
19Section
13. 457.01 (2d) of the statutes is created to read:
AB517,7,220
457.01
(2d) "Independent clinical social work" means providing services
21without supervision for the diagnosis, treatment and prevention of mental and
22emotional disorders in individuals, families and groups, to restore, maintain and
23enhance social functioning through treatment interventions that include
24psychosocial evaluation, counseling of individuals, families or groups, referral to
1community resources, advocacy, facilitation of organizational change to meet social
2needs and individual, marital or group psychotherapy.
AB517, s. 14
3Section
14. 457.01 (2h) of the statutes is created to read:
AB517,7,64
457.01
(2h) "Independent clinical social worker" means an individual who
5holds a license to practice independent clinical social work granted by the social
6worker section.
AB517, s. 15
7Section
15. 457.01 (2p) of the statutes is created to read:
AB517,7,98
457.01
(2p) "Independent social work" has the meaning given for advanced
9practice social work in sub. (1d).
AB517, s. 16
10Section
16. 457.01 (2t) of the statutes is created to read:
AB517,7,1211
457.01
(2t) "Independent social worker" means an individual who holds a
12license to practice independent social work granted by the social worker section.
AB517, s. 17
13Section
17. 457.01 (2w) of the statutes is created to read:
AB517,7,1414
457.01
(2w) "Licensee" means a person who is licensed under this chapter.
AB517, s. 18
15Section
18. 457.01 (3) of the statutes is amended to read:
AB517,7,1816
457.01
(3) "Marriage and family therapist" means an individual who
practices 17holds a license to practice marriage and family therapy
granted by the marriage and
18family therapist section.
AB517, s. 19
19Section
19. 457.01 (5m) of the statutes is created to read:
AB517,7,2120
457.01
(5m) "Permit holder" means an individual who holds a permit granted
21under this chapter.
AB517, s. 20
22Section
20. 457.01 (7) of the statutes is amended to read:
AB517,7,2523
457.01
(7) "Professional counselor" means an individual who
practices holds
24a license to practice professional counseling
granted by the professional counselor
25section.
AB517, s. 21
1Section
21. 457.01 (9) of the statutes is amended to read:
AB517,8,112
457.01
(9) "Social work" means applying psychosocial
, psychotherapeutic or
3counseling principles, methods or procedures in the assessment, evaluation
, or 4psychosocial
or psychotherapeutic diagnosis, prevention, treatment or resolution of
5a
difficulty in the social, psychological, personal, emotional or mental
disorder 6functioning of an individual, couple, family, group of individuals or community,
7including the enhancement or restoration of, or the creation of societal conditions
8favorable to the enhancement or restoration of, the capacity of an individual, couple,
9family, group of individuals or community for social functioning or the delivery of
10services to a group of individuals or a community to assist the group or community
11in providing or improving the provision of social or health services to others.
AB517, s. 22
12Section
22. 457.01 (10) of the statutes is amended to read: