AB726: Bill Text

AB726,109,14 457.13 (2) A professional counselor training license is valid for 48 months and may be renewed at the discretion of the professional counselor section examining board. Notwithstanding s. 457.04 (6), a professional counselor training license authorizes the holder to use any title specified in s. 457.04 (6) and to practice professional counseling within the scope of his or her training or supervision during the period in which the license is valid.

AB726,436 Section 436. 457.14 (1) (intro.) of the statutes is amended to read:

AB726,109,20 457.14 (1) (intro.) Upon application and payment of the fee specified in s. 440.05 (6), the appropriate section of the examining board may grant a temporary social worker, advanced practice social worker, independent social worker, clinical social worker, marriage and family therapist, or professional counselor certificate or license to any individual who does one of the following:

AB726,437 Section 437. 457.14 (2) of the statutes is amended to read:

AB726,109,24 457.14 (2) A temporary certificate or license granted under sub. (1) is valid for a period designated by the appropriate section of the examining board, not to exceed 9 months, and may be renewed once by that section of the examining board.

AB726,438 Section 438. 457.15 (1) (intro.) of the statutes is amended to read:

AB726,110,2 457.15 (1) (intro.) Upon application and payment of the fee specified in s. 440.05 (2), the social worker section examining board may do all of the following:

AB726,439 Section 439. 457.15 (1) (a) of the statutes is amended to read:

AB726,110,10 457.15 (1) (a) Grant a social worker certificate to any individual who holds a similar certificate in another state or territory of the United States and who passes an examination approved by the social worker section examining board that tests knowledge of state law relating to social work, if the social worker section examining board determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (1).

AB726,440 Section 440. 457.15 (1) (b) of the statutes is amended to read:

AB726,110,18 457.15 (1) (b) Grant an advanced practice social worker certificate to any individual who holds a similar certificate in another state or territory of the United States and who passes an examination approved by the social worker section examining board that tests knowledge of state law relating to advanced practice social work, if the social worker section examining board determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (2).

AB726,441 Section 441. 457.15 (1) (c) of the statutes is amended to read:

AB726,111,2 457.15 (1) (c) Grant an independent social worker certificate to any individual who holds a similar certificate in another state or territory of the United States and who passes an examination approved by the social worker section examining board that tests knowledge of state law relating to independent social work, if the social worker section examining board determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (3).

AB726,442 Section 442. 457.15 (1) (d) of the statutes is amended to read:

AB726,111,10 457.15 (1) (d) Grant a clinical social worker license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the social worker section examining board that tests knowledge of state law relating to clinical social work, if the social worker section examining board determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.08 (4).

AB726,443 Section 443. 457.15 (2) of the statutes is amended to read:

AB726,111,20 457.15 (2) Upon application and payment of the fee specified in s. 440.05 (2), the marriage and family therapist section examining board may grant a marriage and family therapist license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the marriage and family therapist section examining board that tests knowledge of state law relating to marriage and family therapy, if the marriage and family therapist section examining board determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.10.

AB726,444 Section 444. 457.15 (3) of the statutes is amended to read:

AB726,112,5 457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2), the professional counselor section examining board may grant a professional counselor license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the professional counselor section examining board that tests knowledge of state law relating to professional counseling, if the professional counselor section examining board determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.12.

AB726,445 Section 445. 457.16 (1) of the statutes is amended to read:

AB726,112,13 457.16 (1) The appropriate section of the examining board shall arrange for examinations for social worker, advanced practice social worker, independent social worker, 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.

AB726,446 Section 446. 457.20 (3) (c) of the statutes is amended to read:

AB726,112,21 457.20 (3) (c) If the application is for renewal of a professional counselor 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 examining board 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.

AB726,447 Section 447. 457.22 (1) (a) of the statutes is amended to read:

AB726,113,2 457.22 (1) (a) Upon the advice of the social worker section, promulgate Promulgate rules establishing requirements and procedures for 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.

AB726,448 Section 448. 457.22 (1) (b) of the statutes is amended to read:

AB726,113,7 457.22 (1) (b) Upon the advice of the marriage and family therapist section, promulgate 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.

AB726,449 Section 449. 457.22 (1) (c) of the statutes is amended to read:

AB726,113,12 457.22 (1) (c) Upon the advice of the professional counselor section, promulgate Promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.

AB726,450 Section 450. 457.22 (2) of the statutes is amended to read:

AB726,113,19 457.22 (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.

AB726,451 Section 451. 457.25 (1) of the statutes is amended to read:

AB726,114,7 457.25 (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 credential holder, that terminates, suspends, or restricts the employment or contract of the credential holder as a result of adverse or disciplinary action against the 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 credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the credential holder terminates his or her employment.

AB726,452 Section 452. 457.25 (2) of the statutes is amended to read:

AB726,114,19 457.25 (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 credential holder, or takes any other adverse or disciplinary action against a 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 credential holder terminates his or her membership before the action is taken, within 30 days after the date on which the credential holder terminates his or her membership.

AB726,453 Section 453. 457.25 (3) of the statutes is amended to read:

AB726,115,3 457.25 (3) Any insurer, as defined in s. 600.03 (27), who provides professional liability insurance coverage for a credential holder and who pays a claim for damages arising out of the rendering of services by the credential holder or obtains any information that tends to substantiate a charge that the 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.

AB726,454 Section 454. 457.25 (4) of the statutes is amended to read:

AB726,115,11 457.25 (4) Any circuit court that appoints a guardian of the person or estate of a credential holder or makes a judgment or other determination that a credential holder is mentally ill or mentally incompetent or that a 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.

AB726,455 Section 455. 457.26 (1) of the statutes is amended to read:

AB726,115,16 457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB726,456 Section 456. 457.26 (2) (intro.) of the statutes is amended to read:

AB726,115,21 457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a credential holder or deny, limit, suspend, or revoke a credential under this chapter if it finds that the applicant credential holder has done any of the following:

AB726,457 Section 457. 457.28 of the statutes is amended to read:

AB726,116,3 457.28 Injunctive relief. If the appropriate section of the examining board has reason to believe that any person is violating s. 457.04, the appropriate section of the examining board, the examining board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB726,458 Section 458. Subchapter III (title) of chapter 459 [precedes 459.40] of the statutes is created to read:

AB726,116,6 CHAPTER 459

AB726,116,7 SUBCHAPTER III

AB726,116,9 LICENSURE OF SIGN LANGUAGE INTERPRETERS

AB726,459 Section 459. 459.40 (2) of the statutes is created to read:

AB726,116,11 459.40 (2) "Examining board" means the hearing and speech examining board.

AB726,460 Section 460. 459.45 (title) of the statutes is created to read:

AB726,116,13 459.45 (title) Powers and duties of examining board.

AB726,461 Section 461. Chapter 460 (title) of the statutes is renumbered subchapter IV (title) of chapter 464 [precedes 464.60].

AB726,462 Section 462. 460.01 (intro.) of the statutes is renumbered 464.60 (intro.) and amended to read:

AB726,116,18 464.60 Definitions. (intro.) In this chapter subchapter:

AB726,463 Section 463. 460.01 (1g) of the statutes is renumbered 464.60 (1).

AB726,464 Section 464. 460.01 (1r) of the statutes is renumbered 464.60 (2) and amended to read:

AB726,116,24 464.60 (2) "Affiliated credentialing "Examining board" means the massage therapy and bodywork therapy affiliated credentialing medical therapy examining board.

AB726,465 Section 465. 460.01 (2m) of the statutes is renumbered 464.60 (3) and amended to read:

AB726,117,4 464.60 (3) "License holder" means a person granted a license under this chapter subchapter.

AB726,466 Section 466. 460.01 (3) of the statutes is renumbered 464.60 (4).

AB726,467 Section 467. 460.01 (4) of the statutes is renumbered 464.60 (5).

AB726,468 Section 468. 460.01 (5) of the statutes is renumbered 464.60 (6).

AB726,469 Section 469. 460.01 (6) of the statutes is renumbered 464.60 (7).

AB726,470 Section 470. 460.01 (7) of the statutes is renumbered 464.60 (8).

AB726,471 Section 471. 460.02 (title) of the statutes is renumbered 464.61 (title).

AB726,472 Section 472. 460.02 of the statutes is renumbered 464.61 (1) and amended to read:

AB726,117,22 464.61 (1) Except as provided in s. 460.03 sub. (2), no person may provide massage therapy or bodywork therapy, designate himself or herself as a massage therapist or bodywork therapist or masseur or masseuse, or use or assume the title "massage therapist and bodywork therapist" or "massage therapist" or "bodywork therapist" or "masseur" or "masseuse" or any title that includes "massage therapist," "bodywork therapist," or "bodyworker," or append to the person's name the letters "M.T.," "R.M.T.," "L.M.T.," "C.M.T.," "B.T.," "B.W.," "L.B.W.," "R.B.W.," or "C.B.W.," or use any other title or designation that represents or may tend to represent that he or she is licensed under this chapter subchapter, unless the person is licensed under this chapter subchapter.

AB726,473 Section 473. 460.03 (title) of the statutes is repealed.

AB726,474 Section 474. 460.03 of the statutes is renumbered 464.61 (2), and 464.61 (2) (intro.), (a), (b) and (bm) 1. (intro.) and 3., as renumbered, are amended to read:

AB726,118,2 464.61 (2) (intro.) A license under this chapter subchapter is not required for any of the following:

AB726,118,9 (a) A person holding a license, permit, registration, or certification granted by this state or the federal government who engages in a practice of massage therapy or bodywork therapy within the scope of his or her license, permit, registration, or certification and who does not imply that he or she is licensed under this chapter subchapter. A person who is exempt from licensure under this subsection paragraph may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

AB726,118,14 (b) A person who is authorized to practice massage therapy or bodywork therapy in another state or country and is providing a consultation to or demonstration with a license holder. A person who is exempt from licensure under this subsection paragraph may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

AB726,118,16 (bm) 1. (intro.) A person who does any of the following and who satisfies the requirements of par. (b) subd. 2.:

AB726,118,19 3. A person who is exempt from licensure under this subsection paragraph may use the terms "bodywork," "bodyworker," and "bodywork therapy" to identify his or her practice.

AB726,475 Section 475. 460.04 (title) of the statutes is renumbered 464.62 (title) and amended to read:

AB726,118,22 464.62 (title) Duties of affiliated credentialing examining board.

AB726,476 Section 476. 460.04 (1m) of the statutes is renumbered 464.62 (intro.) and amended to read:

AB726,119,2 464.62 (intro.) The affiliated credentialing examining board shall prepare do all of the following:

AB726,119,4 (1) Prepare an examination on state laws and administrative rules governing massage therapy and bodywork therapy.

AB726,477 Section 477. 460.04 (2) of the statutes is renumbered 464.62 (2), and 464.62 (2) (intro.), (b), (c), (d), (e), (f) and (g), as renumbered, are amended to read:

AB726,119,8 464.62 (2) (intro.) The affiliated credentialing board shall promulgate Promulgate rules that establish all of the following:

AB726,119,12 (b) Criteria for approving a training program for purposes of s. 460.05 464.63 (1) (e) 1. Rules promulgated under this paragraph shall require the training program to meet the requirements under s. 460.095 464.73 and to consist of at least 600 classroom hours.

AB726,119,15 (c) Requirements and procedures for obtaining the informed consent of a client under s. 460.11 464.69 (1) and for making a report required under s. 460.12 464.70 (1).

AB726,119,17 (d) A definition of "sexually oriented business" for purposes of s. 460.11 464.69 (3).

AB726,119,22 (e) A requirement that an applicant for a license under this chapter subchapter submit evidence satisfactory to the affiliated credentialing examining board that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB726,120,3 (f) Requirements to be satisfied by a person seeking a temporary license under s. 460.08 464.67. The rules promulgated under this subsection paragraph shall require the person to be a graduate of a massage therapy or bodywork therapy school or program and may require the holder of a temporary license to make disclosures to clients and to practice under the supervision of a massage therapist or bodywork therapist licensed under this chapter subchapter.

AB726,120,6 (g) A requirement that an applicant for a license under this chapter subchapter pass an examination on state laws and administrative rules governing massage therapy and bodywork therapy.