AB420,37,2114
(b) If the appropriate section of the examining board determines that a report
15submitted under sub. (1), (2), (3) or (4) is without merit or that the
certificate 16credential holder has sufficiently improved his or her conduct, that section of the
17examining board shall remove the report from
the certificate holder's his or her 18record. If no report about a
certificate credential holder is filed under sub. (1), (2),
19(3) or (4) for 2 consecutive years, the
certificate
credential holder may petition the
20appropriate section of the examining board to remove any prior reports, which did
21not result in disciplinary action, from his or her record.
AB420, s. 107
22Section
107. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:
AB420,38,223
457.26
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
24appropriate section of the examining board may reprimand a
certificate credential 25holder or deny, limit, suspend or revoke a
certificate
credential under this chapter
1if it finds that the applicant
or certificate
credential holder has done any of the
2following:
AB420,38,43
(a) Made a material misstatement in an application for a
certificate credential 4or for renewal of a
certificate credential.
AB420,38,85
(b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the
6circumstances of which substantially relate to the practice of social work,
advanced
7practice social work, independent social work, clinical social work, clinical marriage
8and family therapy or
clinical professional counseling.
AB420, s. 108
9Section
108. 457.26 (2) (e) of the statutes is amended to read:
AB420,38,1310
457.26
(2) (e) Subject to ss. 111.321, 111.322 and 111.34, practiced social work,
11advanced practice social work, independent social work, clinical social work, clinical 12marriage and family therapy or
clinical professional counseling while his or her
13ability to practice was impaired by alcohol or other drugs.
AB420, s. 109
14Section
109. 457.26 (2) (f) of the statutes is amended to read:
AB420,38,1715
457.26
(2) (f) Engaged in unprofessional or unethical conduct in violation of the
16code of ethics established in the rules promulgated under s. 457.03
(2) (1) (b), (be),
17(bm) or (bs).
AB420, s. 110
18Section
110. 457.26 (2) (g) of the statutes is amended to read:
AB420,38,2419
457.26
(2) (g) Performed social work
, advanced practice social work or
20independent social work services in violation of the rules promulgated under s.
21457.03
(2) (1) (b) or otherwise engaged in conduct while practicing social work,
22advanced practice social work, independent social work, clinical social work, clinical 23marriage and family therapy or
clinical professional counseling which evidences a
24lack of knowledge or ability to apply professional principles or skills.
AB420, s. 111
25Section
111. 895.70 (1) (e) of the statutes is amended to read:
AB420,39,4
1895.70
(1) (e) "Therapist" means a physician, psychologist, social worker,
2clinical marriage and family therapist,
clinical professional counselor, nurse,
3chemical dependency counselor, member of the clergy or other person, whether or not
4licensed or certified by the state, who performs or purports to perform psychotherapy.
AB420, s. 112
5Section
112. 905.04 (1) (bm) of the statutes is amended to read:
AB420,39,96
905.04
(1) (bm) "Marriage and family therapist" means an individual who is
7certified licensed as a
clinical marriage and family therapist under ch. 457 or an
8individual reasonably believed by the patient to be a
clinical marriage and family
9therapist.
AB420, s. 113
10Section
113. 905.04 (1) (dm) of the statutes is amended to read:
AB420,39,1311
905.04
(1) (dm) "Professional counselor" means an individual who is
certified 12licensed as a professional counselor under ch. 457 or an individual reasonably
13believed by the patient to be a professional counselor.
AB420, s. 114
14Section
114. 940.22 (1) (i) of the statutes is amended to read:
AB420,39,1815
940.22
(1) (i) "Therapist" means a physician, psychologist, social worker,
16clinical marriage and family therapist,
clinical professional counselor, nurse,
17chemical dependency counselor, member of the clergy or other person, whether or not
18licensed or certified by the state, who performs or purports to perform psychotherapy.
AB420,39,2020
(1)
Definitions. In this
Section:
AB420,39,2121
(a) "Department" means the department of regulation and licensing.
AB420,39,2322
(b) "Examining board" means the social work, marriage and family therapy and
23professional counseling examining board.
AB420,39,2524
(2)
Examining board membership. Notwithstanding section 15.405 (7c) (a), (am)
25and (b) of the statutes, as affected by this act:
AB420,40,4
1(a) A member of the examining board who was appointed on or before the
2effective date of this paragraph may continue to serve as a member of the examining
3board until the end of his or her appointed term, except for a member whose
4appointed term expires on or before January 1, 2002.
AB420,40,95
(b) The secretary of the department shall assign the public members of the
6examining board who were appointed on or before the effective date of this paragraph
7for terms that expire after January 1, 2002, to serve on either the certification or the
8licensure section of the examining board, except for one public member who shall be
9assigned to serve on both sections.
AB420,40,1010
(3)
Transitional provisions.
AB420,40,1611
(a)
Duties of examining board sections. Notwithstanding sections 457.08 (4)
12(intro.), (b), (c) (intro.), 1., 2. and 3. and (d), 457.09 (1) (intro.), (a), (c) and (d), 457.10
13(intro.), (2) (intro.), (3) (intro.), (a), (b) and (c) and (4), 457.12 (intro.), (2), (3) (intro.),
14(a) (intro.), 1., 2. and 3., (b) (intro.), 1., 2. and 3. and (4), 457.13 (1) (intro.), (a) and
15(d), 457.14 and 457.15 (1) (a), (b), (c) and (d), (2) and (3) of the statutes, as affected
16by this act, on the effective date of this paragraph:
AB420,40,21
171. The licensure section of the examining board shall grant a clinical social
18worker license under section 457.08 (4) of the statutes, as affected by this act, to any
19person who holds a valid independent clinical social worker certificate that was
20granted by the social worker section of the examining board before the effective date
21of this subdivision.
AB420,41,7
222. The certification section of the examining board shall grant a social worker
23training permit under section 457.09 (1) of the statutes, as affected by this act, to any
24person who holds a valid social worker training certificate that was granted by the
25social worker section of the examining board before the effective date of this
1subdivision. Notwithstanding section 457.09 (3) (a) and (b) of the statutes, as
2affected by this act, a social worker training permit granted under this subdivision
3is valid for 24 months beginning after the date on which the social worker section of
4the examining board granted the social worker training certificate to the person or
5until the date on which the person receives the results of the examination that he or
6she has taken under section 457.09 (5) (a) of the statutes, as affected by this act,
7whichever occurs first.
AB420,41,12
83. The licensure section of the examining board shall grant a clinical marriage
9and family therapist license under section 457.10 of the statutes, as affected by this
10act, to any person who holds a valid marriage and family therapist certificate that
11was granted by the marriage and family therapy section of the examining board
12before the effective date of this subdivision.
AB420,41,17
134. The licensure section of the examining board shall grant a clinical
14professional counselor license under section 457.12 of the statutes, as affected by this
15act, to any person who holds a valid professional counselor certificate that was
16granted by the professional counselor section of the examining board before the
17effective date of this subdivision.
AB420,42,3
185. The licensure counselor section of the examining board shall grant a clinical
19professional counselor training permit under section 457.13 (1) of the statutes, as
20affected by this act, to any person who holds a valid professional counselor training
21certificate that was granted by the professional counselor section of the examining
22board before the effective date of this subdivision. Notwithstanding section 457.13
23(2) of the statutes, as affected by this act, a professional counselor training permit
24granted pursuant to this subdivision is valid for 24 months beginning after the date
25on which the professional counselor section of the examining board granted the
1professional counselor training certificate or until the date on which the person
2ceases to be employed in a position specified under section 457.13 (1) (d) of the
3statutes, whichever occurs first.
AB420,42,13
46. The licensure section of the examining board shall grant a temporary clinical
5social worker, clinical marriage and family therapist or clinical professional
6counselor license under section 457.14 of the statutes, as affected by this act, to any
7person who holds a valid temporary independent clinical social worker, marriage and
8family therapist or professional counselor certificate that was granted by a section
9of the examining board before the effective date of this subdivision. A temporary
10license granted pursuant to this subdivision is valid only for the period of time
11designated by the section of the examining board for the temporary certificate
12granted to the person. If the temporary certificate was renewed once by the section,
13the temporary license may not be renewed.
AB420,42,19
147. The licensure section of the examining board shall grant a reciprocal clinical
15social worker, clinical marriage and family therapist or clinical professional
16counselor license under section 457.15 of the statutes, as affected by this act, to any
17person who holds a valid reciprocal independent clinical social worker, marriage and
18family therapist or professional counselor certificate granted by a section of the
19examining board before the effective date of this subdivision.
AB420,42,2220
(b)
Duty of department. The department shall issue a certificate of licensure
21under section 457.20 (1) of the statutes, as affected by this act, to any person who is
22granted a license under paragraph (a
).
AB420,43,2
1(1)
This act takes effect on the first day of the 6th month beginning after
2publication.