SB96: Bill Text

LRB-2492/3

MDK&PJK:cjs:km

2001 - 2002 LEGISLATURE

2001 Senate BILL 96

March 15, 2001 - Introduced by Senators Grobschmidt, George, Rosenzweig, Plache, Darling, Erpenbach and Huelsman, cosponsored by Representatives Urban, Vrakas, Krawczyk, Wasserman, Freese, Berceau, Hahn, Lippert, La Fave, Starzyk, Young, Albers, Townsend, Schneider, Ott, Skindrud, Gronemus, Plouff, Kreibich, Plale, Hundertmark and Carpenter. Referred to Committee on Human Services and Aging.

SB96,2,13 An Act to renumber 457.01 (1); to renumber and amend 15.405 (7c) (a), 457.08 (4) (c), 457.10 (3), 457.12 (3) (a), 457.12 (3) (b), 457.14 and 457.22; to amend 15.08 (1m) (b), 15.405 (7c) (c), 40.51 (8), 40.51 (8m), 60.23 (25), 66.0137 (4), 120.13 (2) (g), 146.81 (1) (hg), 180.1901 (1m) (f), 185.981 (4t), 185.983 (1) (intro.), 252.14 (1) (ar) 7., 440.03 (14) (b), 440.03 (14) (c), 440.03 (14) (d), 440.03 (14) (e), 440.03 (14) (f), 450.10 (3) (a) 10., 457.01 (2), 457.01 (3), 457.01 (7), 457.01 (9), 457.01 (10), 457.02 (1) to (5), 457.03 (1), (2) and (3), 457.04 (1) to (4), 457.04 (5), 457.04 (6), 457.06 (intro.) and (1), 457.08 (title), 457.08 (4) (intro.), 457.08 (4) (d), 457.09 (2) (a), 457.09 (5) (a), 457.10 (intro.), 457.12 (intro.), 457.13 (2), 457.15 (title), 457.15 (1) (intro.), 457.15 (1) (a), 457.15 (1) (b), 457.15 (1) (c), 457.15 (1) (d), 457.15 (2), 457.15 (3), 457.16 (1), 457.16 (2), 457.16 (3), 457.20 (1) and (2), 457.20 (3) (c), 457.20 (4), 457.25, 457.26 (2) (intro.), (a) and (b), 457.26 (2) (e), 457.26 (2) (g), 609.655 (3) (a), 632.87 (1), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); to repeal and recreate 15.405 (7c) (title), chapter 457 (title) and 457.01 (8m); and to create 15.405 (7c) (am) (intro.), 15.405 (7c) (am) 3., 111.91 (2) (pm), 440.01 (2) (cv), 440.03 (14) (am), 440.08 (2) (a) 67x., 457.01 (1c), 457.01 (1n), 457.01 (1r), 457.01 (1w), 457.01 (2g), 457.01 (2r), 457.01 (8e), 457.02 (6), 457.033, 457.035, 457.04 (7), 457.08 (4) (c) 1., 2., 3. and 4., 457.10 (3) (a), (b), (c) and (d), 457.11, 457.12 (3) (a) 1., 2., 3. and 4., 457.12 (3) (b) 1., 2., 3. and 4., 457.14 (1) (b), (c), (d), (e) and (f), 457.22 (1) (b) and (c), 457.23, 457.24, 609.71, 632.87 (6) and 632.89 (1) (e) 4. of the statutes; relating to: regulation of social workers, advanced practice social workers, independent social workers, clinical social workers, marriage and family therapists, professional counselors, and art, music, and dance therapists, insurance coverage for services provided by clinical social workers, marriage and family therapists, professional counselors, granting rule-making authority, and providing a penalty.

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:

SB96, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB96,6,11 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, respiratory care practitioners examining council, and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors, and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB96, s. 2 Section 2. 15.405 (7c) (title) of the statutes is repealed and recreated to read:

SB96,6,14 15.405 (7c) (title) Marriage and family therapy, professional counseling, and social work examining board.

SB96, s. 3 Section 3. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.) and amended to read:

SB96,6,21 15.405 (7c) (a) (intro.) There is created an a marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors in the department of regulation and licensing. The consisting of the following members of the examining board shall be appointed for 4-year terms. Four:

SB96,7,2 1. Four social worker members shall be who are certified or licensed under ch. 457 as social workers. Three members shall be certified under ch. 457 as.

SB96,7,4 2. Three marriage and family therapists. Three therapist members shall be certified under ch. 457 as who are licensed under ch. 457.

SB96,7,6 3. Three professional counselors. Three members shall be counselor members who are licensed under ch. 457.

SB96,7,9 4. Three public members. Of the 4 certified social worker members, one shall be who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under ch. 457.

SB96,7,11 (am) 1. One member who is certified under ch. 457 as an advanced practice social worker, one shall be.

SB96,7,13 2. One member who is certified under ch. 457 as an independent social worker, one shall be certified under ch. 457 as an independent clinical social worker and at.

SB96,7,15 4. At least one shall be member who is employed as a social worker by a federal, state or local governmental agency.

SB96, s. 4 Section 4. 15.405 (7c) (am) (intro.) of the statutes is created to read:

SB96,7,18 15.405 (7c) (am) (intro.) The 4 members appointed under par. (a) 1. shall consist of the following:

SB96, s. 5 Section 5. 15.405 (7c) (am) 3. of the statutes is created to read:

SB96,7,21 15.405 (7c) (am) 3. One member who is licensed under ch. 457 as a clinical social worker.

SB96, s. 6 Section 6. 15.405 (7c) (c) of the statutes is amended to read:

SB96,8,2 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under ch. 457, and all other matters of interest to either the social worker, marriage and family therapist , or professional counselor section shall be acted upon solely by the interested section of the examining board.

SB96, s. 7 Section 7. 40.51 (8) of the statutes is amended to read:

SB96,8,7 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (5) (6), 632.895 (5m) and (8) to (14), and 632.896.

SB96, s. 8 Section 8. 40.51 (8m) of the statutes is amended to read:

SB96,8,12 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.83, 632.835, 632.85, 632.87 (6), 632.853, 632.855, and 632.895 (11) to (14).

SB96, s. 9 Section 9. 60.23 (25) of the statutes is amended to read:

SB96,8,18 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employees on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and, (5), and (6), 632.895 (9) and (11) to (14), and 632.896.

SB96, s. 10 Section 10. 66.0137 (4) of the statutes is amended to read:

SB96,8,25 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and, (5), and (6), 632.895 (9) to (14), 632.896, and 767.25 (4m) (d).

SB96, s. 11 Section 11. 111.91 (2) (pm) of the statutes is created to read:

SB96,9,3 111.91 (2) (pm) The requirements related to coverage of psychotherapy services under s. 632.87 (6).

SB96, s. 12 Section 12. 120.13 (2) (g) of the statutes is amended to read: