Amendment ASA1-AB420

AB420-ASA1,15,12 905.04 (title) Physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, psychotherapist-patient, social worker-patient, marriage and family therapist-patient and professional counselor-patient privilege.

AB420-ASA1, s. 18 Section 18. 905.04 (1) (b) of the statutes is amended to read:

AB420-ASA1,15,21 905.04 (1) (b) A communication or information is "confidential" if not intended to be disclosed to 3rd persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication or information or persons who are participating in the diagnosis and treatment under the direction of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor, including the members of the patient's family.

AB420-ASA1, s. 19 Section 19. 905.04 (1) (c) of the statutes is amended to read:

AB420-ASA1,16,2 905.04 (1) (c) "Patient" means an individual, couple, family or group of individuals who consults with or is examined or interviewed by a physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor.

AB420-ASA1, s. 20 Section 20. 905.04 (1) (em) of the statutes is created to read:

AB420-ASA1,16,6 905.04 (1) (em) "Psychotherapist" means an individual licensed as a psychotherapist under ch. 475 or an individual reasonably believed by the patient to be a psychotherapist.

AB420-ASA1, s. 21 Section 21. 905.04 (2) of the statutes is amended to read:

AB420-ASA1,16,18 905.04 (2) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental or emotional condition, among the patient, the patient's physician, the patient's registered nurse, the patient's chiropractor, the patient's psychologist, the patient's psychotherapist, the patient's social worker, the patient's marriage and family therapist, the patient's professional counselor or persons, including members of the patient's family, who are participating in the diagnosis or treatment under the direction of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor.

AB420-ASA1, s. 22 Section 22. 905.04 (3) of the statutes is amended to read:

AB420-ASA1,16,25 905.04 (3) Who may claim the privilege. The privilege may be claimed by the patient, by the patient's guardian or conservator, or by the personal representative of a deceased patient. The person who was the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor may claim the privilege but only on behalf of the patient. The authority so to do is presumed in the absence of evidence to the contrary.

AB420-ASA1, s. 23 Section 23. 905.04 (4) (a) of the statutes is amended to read:

AB420-ASA1,17,11 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services or protective placement.

AB420-ASA1, s. 24 Section 24. 905.04 (4) (e) 2. of the statutes is amended to read:

AB420-ASA1,17,17 905.04 (4) (e) 2. There is no privilege in situations where the examination of an abused or neglected child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor that the abuse or neglect was other than accidentally caused or inflicted by another.

AB420-ASA1, s. 25 Section 25. 905.04 (4) (e) 3. of the statutes is amended to read:

AB420-ASA1,18,2 905.04 (4) (e) 3. There is no privilege in situations where the examination of the expectant mother of an abused unborn child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor that the physical injury inflicted on the unborn child was caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.

AB420-ASA1, s. 26 Section 26. 940.22 (1) (cm) of the statutes is created to read:

AB420-ASA1,18,5 940.22 (1) (cm) "Psychotherapist" means a person licensed to practice psychotherapy under ch. 475.

AB420-ASA1, s. 27 Section 27. 940.22 (1) (i) of the statutes is amended to read:

AB420-ASA1,18,10 940.22 (1) (i) "Therapist" means a physician, psychologist, psychotherapist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

AB420-ASA1, s. 28 Section 28 . Nonstatutory provisions.

AB420-ASA1,18,13 (1) Definitions. In this section, "examining board" means the psychotherapy examining board.

AB420-ASA1,18,17 (2) Initial appointments. Notwithstanding section 15.405 (18) (intro.) of the statutes, as created by this act, the initial members of the psychotherapy examining board shall be appointed by the first day of the 3rd month beginning after the effective date of this subsection for the following terms:

AB420-ASA1,18,19 (a) One independent clinical social worker member and one public member, for terms expiring on July 1, 2002.

AB420-ASA1,18,21 (b) One marriage and family therapist member, for a term expiring on July 1, 2003.

AB420-ASA1,18,23 (c) One professional counselor member and one public member, for terms expiring on July 1, 2004.

AB420-ASA1,19,6 (3) Waiver of licensure requirements. Notwithstanding section 475.04 of the statutes, as created by this act, the examining board shall grant a license to practice psychotherapy as a clinical social worker, clinical marriage and family therapist or clinical professional counselor to a person who, no later than the first day of the 6th month beginning after the effective date of this subsection, submits evidence satisfactory to the examining board that he or she holds a valid independent clinical social worker certificate, marriage and family therapist certificate or professional counselor certificate granted under chapter 457 of the statutes.

AB420-ASA1, s. 29 Section 29. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB420-ASA1,19,9 (1) Section (28) (2) of this act takes effect on the day after publication.

AB420-ASA1,19,10 (End)