SB96: Bill Text

SB96,30,13 457.16 (1) The appropriate section of the examining board shall arrange for examinations for social worker, advanced practice social worker, independent social worker, independent clinical social worker, marriage and family therapist, and professional counselor certification and licensure to be conducted at least semiannually and at times and places determined by that section of the examining board, and shall provide public notice of each examination at least 90 days before the date of the examination.

SB96, s. 80 Section 80. 457.16 (2) of the statutes is amended to read:

SB96,30,19 457.16 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, as appropriate.

SB96, s. 81 Section 81. 457.16 (3) of the statutes is amended to read:

SB96,31,2 457.16 (3) An individual is not eligible for examination unless he or she satisfies the requirements for certification or licensure under s. 457.08 (1) (a) and (b), (2) (intro.), and (a) and (b), (3) (intro.) and (a) to (c) or (4) (intro.) and , (a) to (c), and (b), 457.10 (1) to (3) and (2), or 457.12 (1) to (3) and (2) and, at least 30 days before the date of the examination, submits an application for examination to the department on a form provided by the department and pays the fee specified in s. 440.05 (1).

SB96, s. 82 Section 82. 457.20 (1) and (2) of the statutes are amended to read:

SB96,31,5 457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter.

SB96,31,8 (2) The renewal dates for certificates and licenses granted under this chapter, other than certificates granted under ss. 457.13 and 457.14 training certificates or temporary certificates or licenses, are specified under s. 440.08 (2) (a).

SB96, s. 83 Section 83. 457.20 (3) (c) of the statutes is amended to read:

SB96,31,16 457.20 (3) (c) If the application is for renewal of a professional counselor certificate license that was originally granted as a professional counselor certificate under 1991 Wisconsin Act 160, section 21 (2) (g), evidence satisfactory to the professional counselor section that the applicant continues to be employed by a federal, state, or local governmental agency as a professional counselor, professional rehabilitation counselor, vocational rehabilitation counselor, or rehabilitation counselor.

SB96, s. 84 Section 84. 457.20 (4) of the statutes is amended to read:

SB96,31,23 457.20 (4) Renewal of an advanced practice social worker, independent social worker, or independent clinical social worker certificate or license automatically renews the individual's social worker certificate without payment of the renewal fee for the social worker certificate or completion of the continuing education requirements that would otherwise be required for renewal of a social worker certificate.

SB96, s. 85 Section 85. 457.22 of the statutes is renumbered 457.22 (1) (intro.) and amended to read:

SB96,32,2 457.22 (1) (intro.) The examining board may promulgate do any of the following:

SB96,32,7 (a) Upon the advice of the social worker section, promulgate rules establishing requirements and procedures for certificate holders social workers, advanced practice social workers, independent social workers, and clinical social workers to complete continuing education programs or courses of study in order to qualify for renewal.

SB96,32,13 (2) The rules promulgated under sub. (1) may not require an individual to complete more than 30 hours of continuing education programs or courses of study in order to qualify for renewal. The appropriate section of the examining board may waive all or part of the requirements established in rules promulgated under this section if it determines that prolonged illness, disability, or other exceptional circumstances have prevented the individual from completing the requirements.

SB96, s. 86 Section 86. 457.22 (1) (b) and (c) of the statutes are created to read:

SB96,32,18 457.22 (1) (b) Upon the advice of the marriage and family therapist section, promulgate rules establishing requirements and procedures for marriage and family therapists to complete continuing education programs or courses of study in order to qualify for renewal.

SB96,32,21 (c) Upon the advice of the professional counselor section, promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.

SB96, s. 87 Section 87. 457.23 of the statutes is created to read:

SB96,33,5 457.23 Duty to consult or refer. A clinical social worker, marriage and family therapist, or professional counselor who treats an individual and who determines that the individual requires additional treatment that is outside the scope of practice of clinical social work, marriage and family therapy, or professional counseling, may continue to treat the individual only if the clinical social worker, marriage and family therapist, or professional counselor consults with, or refers the individual to, a health care practitioner who is authorized to provide the additional treatment.

SB96, s. 88 Section 88. 457.24 of the statutes is created to read:

SB96,33,12 457.24 Professional liability insurance. A person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this chapter may not practice clinical social work, marriage and family therapy, or professional counseling unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this section.

SB96, s. 89 Section 89. 457.25 of the statutes is amended to read:

SB96,33,25 457.25 Reporting requirements. (1) Any public or private mental health or health care agency, institution or facility, or any other person or entity that employs or contracts for services with a certificate credential holder, that terminates, suspends, or restricts the employment or contract of the certificate credential holder as a result of adverse or disciplinary action against the certificate credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the certificate credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the certificate credential holder terminates his or her employment.

SB96,34,11 (2) Any state or local professional society or organization of social workers, marriage and family therapists, or professional counselors that terminates, revokes, or suspends the membership of a certificate credential holder, or takes any other adverse or disciplinary action against a certificate credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the certificate credential holder terminates his or her membership before the action is taken, within 30 days after the date on which the certificate credential holder terminates his or her membership.

SB96,34,19 (3) Any insurer, as defined in s. 600.03 (27), who provides professional liability insurance coverage for a certificate credential holder and who pays a claim for damages arising out of the rendering of services by the certificate credential holder or obtains any information that tends to substantiate a charge that the certificate credential holder has engaged in conduct that constitutes grounds for discipline under s. 457.26 shall submit a written report of the payment or information to the appropriate section of the examining board within 30 days after the date on which the payment is made or information is obtained.

SB96,35,2 (4) Any circuit court that appoints a guardian of the person or estate of a certificate credential holder or makes a judgment or other determination that a certificate credential holder is mentally ill or mentally incompetent or that a certificate credential holder has done any of the acts enumerated in s. 457.26 (2) shall submit a written report of the appointment, judgment, or determination to the appropriate section of the examining board within 30 days after the date on which the appointment, judgment, or determination is made.

SB96,35,11 (5) (a) Within 30 days after receipt of a report under sub. (1), (2), (3), or (4), the appropriate section of the examining board shall notify the certificate credential holder, in writing, of the substance of the report. The certificate credential holder and the certificate holder's his or her authorized representative may examine the report and may place into the record a statement, of reasonable length, of the certificate credential holder's view of the correctness or relevance of any information in the report. The certificate credential holder may institute an action in circuit court to amend or expunge any part of the certificate holder's his or her record related to the report.

SB96,35,19 (b) If the appropriate section of the examining board determines that a report submitted under sub. (1), (2), (3), or (4) is without merit or that the certificate credential holder has sufficiently improved his or her conduct, that section of the examining board shall remove the report from the certificate holder's his or her record. If no report about a certificate credential holder is filed under sub. (1), (2), (3), or (4) for 2 consecutive years, the certificate credential holder may petition the appropriate section of the examining board to remove any prior reports, which did not result in disciplinary action, from his or her record.

SB96, s. 90 Section 90. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:

SB96,35,25 457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a certificate credential holder or deny, limit, suspend, or revoke a certificate credential under this chapter if it finds that the applicant or certificate credential holder has done any of the following:

SB96,36,2 (a) Made a material misstatement in an application for a certificate credential or for renewal of a certificate credential.

SB96,36,6 (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

SB96, s. 91 Section 91. 457.26 (2) (e) of the statutes is amended to read:

SB96,36,11 457.26 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling while his or her ability to practice was impaired by alcohol or other drugs.

SB96, s. 92 Section 92. 457.26 (2) (g) of the statutes is amended to read:

SB96,36,18 457.26 (2) (g) Performed social work, advanced practice social work, or independent social work services in violation of the rules promulgated under s. 457.03 (2) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.

SB96, s. 93 Section 93. 609.655 (3) (a) of the statutes is amended to read:

SB96,36,24 609.655 (3) (a) A clinical assessment of the dependent student's nervous or mental disorders or alcoholism or other drug abuse problems, conducted by a provider described in s. 632.89 (1) (e) 2. or, 3., or 4. who is located in this state and in reasonably close proximity to the school in which the dependent student is enrolled and who may be designated by the managed care plan.

SB96, s. 94 Section 94. 609.71 of the statutes is created to read:

SB96,37,2 609.71 Coverage of psychotherapy providers. Managed care plans are subject to s. 632.87 (6).

SB96, s. 95 Section 95. 632.87 (1) of the statutes is amended to read:

SB96,37,8 632.87 (1) No insurer may refuse to provide or pay for benefits for health care services provided by a licensed health care professional on the ground that the services were not rendered by a physician as defined in s. 990.01 (28), unless the contract clearly excludes services by such practitioners, but no contract or plan may exclude services in violation of sub. (2), (2m), (3), (4) or, (5), or (6).

SB96, s. 96 Section 96. 632.87 (6) of the statutes is created to read:

SB96,37,11 632.87 (6) (a) In this subsection, "psychotherapy" has the meaning given in s. 457.01 (8m).

SB96,37,19 (b) No policy, plan, or contract that covers psychotherapy services may exclude or refuse to provide coverage for psychotherapy services performed by a clinical social worker licensed under ch. 457, a marriage and family therapist licensed under ch. 457, or a professional counselor licensed under ch. 457, within the scope of the clinical social worker's, marriage and family therapist's, or professional counselor's professional license, if the policy, plan, or contract includes coverage for psychotherapy services performed by another health care provider, as defined in s. 146.81 (1).

SB96, s. 97 Section 97. 632.89 (1) (e) 4. of the statutes is created to read:

SB96,37,23 632.89 (1) (e) 4. A clinical social worker who is licensed under ch. 457, a marriage and family therapist who is licensed under ch. 457, or a professional counselor who is licensed under ch. 457.

SB96, s. 98 Section 98. 905.04 (1) (bm) of the statutes is amended to read:

SB96,38,3 905.04 (1) (bm) "Marriage and family therapist" means an individual who is certified licensed as a marriage and family therapist under ch. 457 or an individual reasonably believed by the patient to be a marriage and family therapist.

SB96, s. 99 Section 99. 905.04 (1) (dm) of the statutes is amended to read:

SB96,38,7 905.04 (1) (dm) "Professional counselor" means an individual who is certified licensed as a professional counselor under ch. 457 or an individual reasonably believed by the patient to be a professional counselor.

SB96, s. 100 Section 100. 905.04 (1) (g) of the statutes is amended to read:

SB96,38,13 905.04 (1) (g) "Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under ch. 457 or an individual reasonably believed by the patient to be a social worker, advanced practice social worker, independent social worker, or clinical social worker.

SB96, s. 101 Section 101. Nonstatutory provisions.

SB96,38,15 (1) Definitions. In this Section:

SB96,38,16 (a) "Department" means the department of regulation and licensing.

SB96,38,18 (b) "Examining board" means the marriage and family therapy, professional counseling, and social work examining board.

SB96,38,23 (2) Examining board membership. Notwithstanding section 15.405 (7c) (a) and (am) of the statutes, as affected by this act, a member of the examining board who was appointed on or before the effective date of this subsection may continue to serve as a member of the examining board until the end of his or her appointed term, except for a member whose appointed term expires on or before January 1, 2002.

SB96,38,24 (3) Transitional provisions.

SB96,39,5 (a) Duties of examining board sections. Notwithstanding sections 457.08 (4) (intro.), (c) (intro.), 1., 2., 3., and 4. and (d), 457.10 (intro.) and (3) (intro.), (a), (b), (c), and (d), 457.12 (intro.) and (3) (a) (intro.), 1., 2., 3., and 4. and (b) (intro.), 1., 2., 3., and 4., 457.14 (1), and 457.15 (1) (intro.), (a), (b), (c), and (d), (2), and (3) of the statutes, as affected by this act, on the effective date of this paragraph:

SB96,39,10 1. The social worker section of the examining board shall grant a clinical social worker license under section 457.08 (4) of the statutes, as affected by this act, to any person who holds a valid independent clinical social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.

SB96,39,15 2. The marriage and family therapist section of the examining board shall grant a marriage and family therapist license under section 457.10 of the statutes, as affected by this act, to any person who holds a valid marriage and family therapist certificate that was granted by the marriage and family therapy section of the examining board before the effective date of this subdivision.

SB96,39,20 3. The professional counselor section of the examining board shall grant a professional counselor license under section 457.12 of the statutes, as affected by this act, to any person who holds a valid professional counselor certificate that was granted by the professional counselor section of the examining board before the effective date of this subdivision.

SB96,40,5 4. The appropriate section of the examining board shall grant a temporary social worker, marriage and family therapist, or professional counselor license under section 457.14 (1) of the statutes, as affected by this act, to any person who holds a valid temporary social worker, marriage and family therapist, or professional counselor certificate that was granted by that section of the examining board before the effective date of this subdivision. A temporary license granted pursuant to this subdivision is valid only for the period of time designated by the section of the examining board for the temporary certificate granted to the person. If the temporary certificate was renewed once by the section, the temporary license may not be renewed.

SB96,40,8 (b) Duty of department. The department shall issue a certificate of licensure under section 457.20 (1) of the statutes, as affected by this act, to any person who is granted a license under paragraph (a ).

SB96, s. 102 Section 102. Initial applicability.

SB96,40,13 (1) Insurance coverage of services. The treatment of sections 40.51 (8) and (8m), 60.23 (25), 66.0137 (4), 111.91 (2) (pm), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), 609.655 (3) (a), 609.71, 632.87 (1) and (6), and 632.89 (1) (e) 4. of the statutes first applies to all of the following:

SB96,40,16 (a) Except as provided in paragraphs (b) and (c ), insurance policies, plans, or contracts that are issued or renewed, and self-insured health plans that are established, extended, modified, or renewed, on the effective date of this paragraph.

SB96,40,19 (b) Insurance policies, plans, or contracts covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are issued or renewed on the earlier of the following:

SB96,40,20 1. The day on which the collective bargaining agreement expires.

SB96,40,22 2. The day on which the collective bargaining agreement is extended, modified, or renewed.

SB96,40,25 (c) Self-insured health plans covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are established, extended, modified, or renewed on the earlier of the following:

SB96,41,1 1. The day on which the collective bargaining agreement expires.

SB96,41,3 2. The day on which the collective bargaining agreement is extended, modified, or renewed.

SB96, s. 103 Section 103. Effective date.

SB96,41,6 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB96,41,7 (End)