LRB-0746/4
MDK&PJK:cjs:km
2001 - 2002 LEGISLATURE
March 15, 2001 - Introduced by Representatives Urban, Vrakas, Krawczyk,
Wasserman, Freese, Berceau, Hahn, Lippert, La Fave, Starzyk, Young,
Albers, Townsend, Schneider, Ott, Skindrud, Gronemus, Plouff, Kreibich
and Carpenter, cosponsored by Senators Grobschmidt, George, Rosenzweig,
Plache, Darling, Erpenbach and Huelsman. Referred to Committee on
Health.
AB206,2,13
1An Act to renumber 457.01 (1);
to renumber and amend 15.405 (7c) (a), 457.08
2(4) (c), 457.10 (3), 457.12 (3) (a), 457.12 (3) (b), 457.14 and 457.22;
to amend
315.08 (1m) (b), 15.405 (7c) (c), 40.51 (8), 40.51 (8m), 60.23 (25), 66.0137 (4),
4120.13 (2) (g), 146.81 (1) (hg), 180.1901 (1m) (f), 185.981 (4t), 185.983 (1) (intro.),
5252.14 (1) (ar) 7., 440.03 (14) (b), 440.03 (14) (c), 440.03 (14) (d), 440.03 (14) (e),
6440.03 (14) (f), 450.10 (3) (a) 10., 457.01 (2), 457.01 (3), 457.01 (7), 457.01 (9),
7457.01 (10), 457.02 (1) to (5), 457.03 (1), (2) and (3), 457.04 (1) to (4), 457.04 (5),
8457.04 (6), 457.06 (intro.) and (1), 457.08 (title), 457.08 (4) (intro.), 457.08 (4)
9(d), 457.09 (2) (a), 457.09 (5) (a), 457.10 (intro.), 457.12 (intro.), 457.13 (2),
10457.15 (title), 457.15 (1) (intro.), 457.15 (1) (a), 457.15 (1) (b), 457.15 (1) (c),
11457.15 (1) (d), 457.15 (2), 457.15 (3), 457.16 (1), 457.16 (2), 457.16 (3), 457.20 (1)
12and (2), 457.20 (3) (c), 457.20 (4), 457.25, 457.26 (2) (intro.), (a) and (b), 457.26
13(2) (e), 457.26 (2) (g), 609.655 (3) (a), 632.87 (1), 905.04 (1) (bm), 905.04 (1) (dm)
14and 905.04 (1) (g);
to repeal and recreate 15.405 (7c) (title), chapter 457 (title)
1and 457.01 (8m); and
to create 15.405 (7c) (am) (intro.), 15.405 (7c) (am) 3.,
2111.91 (2) (pm), 440.01 (2) (cv), 440.03 (14) (am), 440.08 (2) (a) 67x., 457.01 (1c),
3457.01 (1n), 457.01 (1r), 457.01 (1w), 457.01 (2g), 457.01 (2r), 457.01 (8e),
4457.02 (6), 457.033, 457.035, 457.04 (7), 457.08 (4) (c) 1., 2., 3. and 4., 457.10 (3)
5(a), (b), (c) and (d), 457.11, 457.12 (3) (a) 1., 2., 3. and 4., 457.12 (3) (b) 1., 2., 3.
6and 4., 457.14 (1) (b), (c), (d), (e) and (f), 457.22 (1) (b) and (c), 457.23, 457.24,
7609.71, 632.87 (6) and 632.89 (1) (e) 4. of the statutes;
relating to: regulation
8of social workers, advanced practice social workers, independent social
9workers, clinical social workers, marriage and family therapists, professional
10counselors, and art, music, and dance therapists, insurance coverage for
11services provided by clinical social workers, marriage and family therapists,
12professional counselors, granting rule-making authority, and providing a
13penalty.
Analysis by the Legislative Reference Bureau
This bill does the following: 1) makes changes to the regulation of social
workers, marriage and family therapists, professional counselors, and art, music,
and dance therapists; and 2) under certain circumstances, requires insurers and
group health plans to cover services provided by clinical social workers, marriage
and family therapists, and professional counselors.
Regulation of social workers, marriage and family therapists, professional
counselors and art, music, and dance therapists
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. The bill also changes the title
"independent clinical social worker" to "clinical social worker." The bill also changes
the name of the examining board to the marriage and family therapy, professional
counseling, and social work 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. The bill allows a person certified as an advanced practice or independent
social worker to practice clinical social work, but only under the supervision of a
clinical social worker licensed under the bill. In addition, the bill prohibits persons
who are not licensed under the bill from practicing psychotherapy, except for the
following: 1) persons certified as advanced practice and independent social workers
who practice psychotherapy under the supervision of persons licensed under the bill;
2) persons who practice psychotherapy within the scope of practice of other state or
federal licenses and; 3) mental health professionals employed by outpatient
psychotherapy clinics certified by the department of health and family services
(DHFS). The bill also allows the department of regulation and licensing (DORL) to
promulgate rules that establish requirements that an art, music, or dance therapist
must satisfy for a license to practice psychotherapy. Only an art, music, or dance
therapist who is registered with DORL under current law may qualify for such a
license. In addition, the requirements for such a license that are established in
DORL's rules must be comparable to the requirements under the bill for a clinical
social worker, marriage and family therapist, or professional counselor license.
The eligibility requirements for a license under the bill are the same as the
requirements for a certificate under current law, except for the requirements under
current law regarding supervised clinical experience. Under current law, an
applicant for a clinical social worker or marriage or family therapist license must
have two years of supervised clinical experience approved by the examining board.
Under current law, an applicant for a professional counselor certificate who has a
master's degree must also have two years of supervised clinical experience, but an
applicant with a doctorate degree must have one year.
This bill requires 3,000 hours of supervised experience, not two years, for
clinical social worker and marriage and family therapist license applicants and for
professional counselor license applicants who have a master's degree. At least 1,000
of the 3,000 hours must consist of face-to-face client contact. The bill changes the
one year required for professional counselor license applicants who have a doctorate
degree to 1,000 hours, which must be satisfied during or after the doctorate degree
program. In addition, for all license applicants, the bill requires that the experience
must be supervised by one of the following: 1) a person with the same license who
has a doctorate degree; 2) a person with the same license who has five years
experience; 3) a psychiatrist or psychologist; or 4) a person who is approved by the
appropriate section of the examining board or who satisfies requirements for
supervision 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 a licensed clinical social worker, marriage and family
therapist, or professional counselor who treats an individual and determines that
the individual requires additional treatment that is outside the licensee's scope of
practice to refer the individual to a health care practitioner who is authorized to
provide the additional treatment. Alternatively, the licensee may consult with such
a health care practitioner. If the licensee does not refer or consult, the licensee may
not continue to treat the individual.
2. The bill requires the examining board to jointly promulgate rules with the
psychology examining board 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.
The rules must be consistent with the guidelines of the American Psychological
Association or other nationally recognized guidelines.
3. The bill creates a marriage and family therapist training certificate.
4. The bill allows the holder of a social worker training certificate to take the
examination required for a regular certificate before or after satisfying the education
and training requirements required for a regular certificate. Under current law,
such a person must take the examination after satisfying the education and training
requirements.
5. The bill allows a person to take the examination required for a social worker
or advanced practice social worker certificate before he or she satisfies the education
requirements for the certificate. Under current law, such a person may take the
examination only after satisfying the education requirements.
6. The bill allows the examining board to issue temporary certificates and
licenses to advanced practice, independent, and clinical social workers, marriage
and family therapists, and professional counselors who have not yet taken the
examination required for certification or licensure. Under current law, the
examining board is allowed to issue temporary certificates only to social workers,
marriage and family therapists, and professional counselors.
7. The bill requires a person certified or licensed in another jurisdiction who
applies for a reciprocal certificate or license to take an examination on state law
relating to practice under the type of certificate or license applied for.
8. The bill allows an applicant for a clinical social worker, marriage and family
therapist, or professional counselor license to take the examination required for
licensure before he or she satisfies the supervised clinical experience required for
licensure. Under current law, the examination may be taken only after satisfying the
supervised clinical experience requirements.
9. The bill requires a licensed clinical social worker, marriage and family
therapist, or professional counselor to have in effect professional liability insurance
in an amount established by rule by the examining board.
Insurer and group health plan requirements
Current law prohibits an insurer from refusing to provide or pay for health care
services provided by a licensed health care professional on the ground that the
services were not provided by a physician, unless the insurance policy clearly
excludes coverage of services provided by the health care professional. In addition,
current law prohibits an insurer from excluding coverage of the services of certain
specified health care professionals, such as chiropractors and dentists, if the
insurance policy covers those same services, or services for the treatment of the same
condition, when provided by a physician or another health care provider. The bill
prohibits an insurer from excluding coverage of psychotherapy services provided by
a licensed clinical social worker, marriage and family therapist, or professional
counselor, within the scope of his or her license, if the insurance policy, plan, or
contract covers psychotherapy services provided by another health care provider.
Also under current law, a group health plan that provides coverage of any
outpatient treatment is required to provide coverage for an insured under the plan
of at least $2,000, minus any applicable cost sharing, of outpatient services for the
treatment of nervous or mental disorders or alcoholism or other drug abuse
problems. Outpatient services are defined as nonresidential services that are
provided to an insured: 1) in an outpatient treatment facility or a physician's office
by a licensed physician who has completed a residency in psychiatry; 2) by a licensed
psychologist who is listed in the National Register of Health Service Providers in
Psychology or who is certified by the American Board of Professional Psychology; or
3) by a program in an outpatient treatment facility approved by DHFS. The bill adds
that outpatient services are also nonresidential services that are provided to an
insured by a licensed clinical social worker, marriage and family therapist, or
professional counselor, thus requiring a group health plan to include nonresidential
treatment of nervous or mental disorders or alcoholism or other drug abuse problems
by a licensed clinical social worker, marriage and family therapist, or professional
counselor within the $2,000 minimum amount of coverage that the plan must
provide for outpatient services for the treatment of those conditions.
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:
AB206, s. 1
1Section
1. 15.08 (1m) (b) of the statutes is amended to read:
AB206,6,112
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, respiratory care practitioners examining council
, and council on
5physician assistants, the board of nursing, the nursing home administrator
6examining board, the veterinary examining board, the optometry examining board,
7the pharmacy examining board, the
marriage and family therapy, professional
8counseling, and social work examining board
of social workers, marriage and family
9therapists and professional counselors, and the psychology examining board shall
10not be engaged in any profession or occupation concerned with the delivery of
11physical or mental health care.
AB206, s. 2
12Section
2. 15.405 (7c) (title) of the statutes is repealed and recreated to read:
AB206,6,1413
15.405
(7c) (title)
Marriage and family therapy, professional counseling, and
14social work examining board.
AB206, s. 3
15Section
3. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.)
16and amended to read:
AB206,6,2117
15.405
(7c) (a) (intro.) There is created
an a marriage and family therapy,
18professional counseling, and social work examining board
of social workers,
19marriage and family therapists and professional counselors in the department of
20regulation and licensing
. The consisting of the following members
of the examining
21board shall be appointed for 4-year terms
. Four:
AB206,7,2
11. Four social worker members
shall be who are certified
or licensed under ch.
2457
as social workers. Three members shall be certified under ch. 457 as.
AB206,7,4
32. Three marriage and family
therapists. Three therapist members
shall be
4certified under ch. 457 as who are licensed under ch. 457.
AB206,7,6
53. Three professional
counselors. Three members shall be counselor members
6who are licensed under ch. 457.
AB206,7,9
74. Three public members
. Of the 4 certified social worker members, one shall
8be who represent groups that promote the interests of consumers of services provided
9by persons who are certified or licensed under ch. 457.
AB206,7,11
10(am) 1. One member who is certified under ch. 457 as an advanced practice
11social worker
, one shall be.
AB206,7,13
122. One member who is certified under ch. 457 as an independent social worker
,
13one shall be certified under ch. 457 as an independent clinical social worker and at.
AB206,7,15
144. At least one
shall be member who is employed as a social worker by a federal,
15state or local governmental agency.
AB206, s. 4
16Section
4. 15.405 (7c) (am) (intro.) of the statutes is created to read:
AB206,7,1817
15.405
(7c) (am) (intro.) The 4 members appointed under par. (a) 1. shall
18consist of the following:
AB206, s. 5
19Section
5. 15.405 (7c) (am) 3. of the statutes is created to read:
AB206,7,2120
15.405
(7c) (am) 3. One member who is licensed under ch. 457 as a clinical
21social worker.
AB206, s. 6
22Section
6. 15.405 (7c) (c) of the statutes is amended to read:
AB206,8,223
15.405
(7c) (c) All matters pertaining to granting, denying, limiting,
24suspending
, or revoking a certificate
or license under ch. 457, and all other matters
25of interest to either the social worker, marriage and family therapist
, or professional
1counselor section shall be acted upon solely by the interested section of the
2examining board.
AB206, s. 7
3Section
7. 40.51 (8) of the statutes is amended to read:
AB206,8,74
40.51
(8) Every health care coverage plan offered by the state under sub. (6)
5shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8)
6and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to
7(5) (6), 632.895 (5m) and (8) to (14)
, and 632.896.
AB206, s. 8
8Section
8. 40.51 (8m) of the statutes is amended to read:
AB206,8,129
40.51
(8m) Every health care coverage plan offered by the group insurance
10board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747,
11632.748, 632.83, 632.835, 632.85,
632.87 (6), 632.853, 632.855
, and 632.895 (11) to
12(14).
AB206, s. 9
13Section
9. 60.23 (25) of the statutes is amended to read: