SB767: Bill Text

SB767,14 Section 14 . 447.02 (2) (k) of the statutes is created to read:

SB767,9,5 447.02 (2) (k) Continuing education requirements for dentists under s. 447.056 regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4). The board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period. Continuing education requirements established in the rules promulgated under this paragraph shall apply only with respect to a dentist who is authorized to dispense controlled substances under 21 USC 821 to 831.

SB767,15 Section 15. 447.056 (1) (intro.) of the statutes is amended to read:

SB767,9,17 447.056 (1) (intro.) Except as provided in subs. (2) to (4), a person is not eligible for renewal of a license to practice dentistry, other than a permit issued under s. 447.02 (3), unless the person has taught, attended, or otherwise completed, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), 30 credit hours of continuing education related to the practice of dentistry or the practice of medicine, including not less than 25 credit hours of instruction in clinical dentistry or clinical medicine and including the credit hours of instruction regarding best practices in prescribing controlled substances that are required by the board in rules promulgated under s. 447.02 (2) (k). Not more than 4 of the 30 hours may be from teaching. Continuing education does not satisfy the requirements under this subsection unless the continuing education is one of the following:

SB767,16 Section 16. 448.038 of the statutes is created to read:

SB767,9,21 448.038 Maintenance and detoxification treatment under federal waiver. (1) In this section, “waiver” means a waiver issued by the federal department of health and human services under 21 USC 823 (g) (2) (A).

SB767,9,24 (2) With respect to the ability of a physician assistant to obtain and practice under a waiver, a physician who meets any of the conditions specified in 21 USC 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under 21 USC 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.

SB767,17 Section 17. 448.07 (1) (d) of the statutes, as affected by 2013 Wisconsin Act 240, is amended to read:

SB767,10,14 448.07 (1) (d) No registration may be permitted by the secretary of the board in the case of any physician, physician assistant, or perfusionist who has failed to meet the requirements of s. 448.13 or any person whose license or certificate has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the person's right of appeal. A person whose license or certificate has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license or certificate, together with an application for registration and the registration fee.

SB767,18 Section 18. 448.13 (1) (a) 3. of the statutes is created to read:

SB767,10,18 448.13 (1) (a) 3. If the physician is authorized to dispense controlled substances under 21 USC 821 to 831, continuing education programs regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4).

SB767,19 Section 19. 448.13 (4) of the statutes is created to read:

SB767,10,25 448.13 (4) Each person who is licensed as a physician assistant and who is authorized to dispense controlled substances under 21 USC 821 to 831 shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07, submit proof of completion of continuing education requirements promulgated by rule by the board regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4).

SB767,20 Section 20. 448.20 (3) (c) of the statutes is created to read:

SB767,11,3 448.20 (3) (c) Promulgating the rules establishing continuing education requirements under s. 448.40 (2) (cm).

SB767,21 Section 21. 448.40 (2) (ck) of the statutes is created to read:

SB767,11,10 448.40 (2) (ck) Establishing continuing education requirements under s. 448.13 (1) (a) 3. regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4), for renewal of a license to practice medicine and surgery by a physician authorized to dispense controlled substances under 21 USC 821 to 831. The board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period.

SB767,22 Section 22. 448.40 (2) (cm) of the statutes is created to read:

SB767,11,18 448.40 (2) (cm) Establishing continuing education requirements under s. 448.13 (4) regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4), for renewal of a physician assistant license by a physician assistant authorized to dispense controlled substances under 21 USC 821 to 831. The board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period. In promulgating rules under this paragraph, the board shall give deference to the recommendations of the council on physician assistants.

SB767,23 Section 23. 448.665 of the statutes is renumbered 448.665 (1) (intro.) and amended to read:

SB767,11,25 448.665 (1) (intro.) The affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter. The rules promulgated under this section shall require do all of the following:

SB767,12,3 (a) Require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a).

SB767,12,8 (2) The affiliated credentialing board may waive all or part of these the requirements for the completion of continuing education programs or courses of study under sub. (1) if the affiliated credentialing board determines that prolonged illness, disability, or other exceptional circumstances have prevented a licensee from completing the requirements.

SB767,24 Section 24. 448.665 (1) (b) of the statutes is created to read:

SB767,12,14 448.665 (1) (b) Establish requirements for a licensee who is authorized to dispense controlled substances under 21 USC 821 to 831 to complete continuing education programs regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4). The affiliated credentialing board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period.

SB767,25 Section 25. 449.06 (2m) of the statutes is renumbered 449.06 (2m) (intro.) and amended to read:

SB767,12,21 449.06 (2m) (intro.) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements all of the following:

SB767,12,25 (a) Requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.

SB767,26 Section 26. 449.06 (2m) (b) of the statutes is created to read:

SB767,13,6 449.06 (2m) (b) Requirements for optometrists who are authorized to dispense controlled substances under 21 USC 821 to 831 to complete continuing education programs regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4). The examining board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period.

SB767,27 Section 27. 457.02 (5) of the statutes is repealed.

SB767,28 Section 28. 457.02 (5m) of the statutes is repealed.

SB767,29 Section 29. 961.385 (2) (cm) 1. (intro.) of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

SB767,13,15 961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual authorized under s. 457.02 (5m) to treat who treats, within the scope of his or her credential, alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:

SB767,30 Section 30. 961.385 (2) (cm) 2. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

SB767,14,5 961.385 (2) (cm) 2. A person who medically coordinates, directs, or supervises, or establishes standard operating procedures for, a practitioner, pharmacist, registered nurse, substance abuse counselor, or individual authorized under s. 457.02 (5m) to treat alcohol or substance dependency or abuse as a specialty to whom records may be disclosed under subd. 1., if the person is evaluating the job performance of the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual, or is performing quality assessment and improvement activities, including outcomes evaluation or development of clinical guidelines, and if the disclosure does not contain personally identifiable information, as defined in s. 19.62 (5), of a patient and is limited to only those records about the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual the person medically coordinates, directs, or supervises, or for whom the person establishes standard operating procedures.

SB767,31 Section 31. DHS 75.02 (15) of the administrative code is amended to read:

SB767,14,11 DHS 75.02 (15) “Counseling" means the application of recognized theories, principles, techniques and strategies to manage and facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities as described in s. SPS 166.01 (3) 160.02 (10m) or s. MPSW 2.01 (10).

SB767,32 Section 32. DHS 75.02 (84) (d) of the administrative code is amended to read:

SB767,14,14 DHS 75.02 (84) (d) A s. MPSW 1.09 specialty An individual who holds a credential under ch. 457, Stats., granted by DSPS.

SB767,33 Section 33. DHS 75.03 (4) (e) of the administrative code is amended to read:

SB767,14,22 DHS 75.03 (4) (e) All Any staff who provide provides clinical supervision shall fulfill the requirements established, as defined in s. SPS 160.02 (6) and, shall hold a certificate from DSPS as required be a clinical supervisor, as defined in s. SPS 160.02 (7), except for a physician knowledgeable in addiction treatment, licensed psychologist with a knowledge of psychopharmacology and addiction treatment, or professional possessing the s. MPSW 1.09 subspecialty a credential under ch. 457, Stats.

SB767,34 Section 34. MPSW 1.09 of the administrative code is repealed.

SB767,35 Section 35. Chapter SPS 160 (title) of the administrative code is amended to read:

SB767,15,1 Chapter SPS 160

SB767,15,2 APPLICABILITY AND DEFINITIONS

SB767,36 Section 36. SPS 160.015 of the administrative code is created to read:

SB767,15,11 SPS 160.015 Applicability. (1) Except as provided in sub. (2), no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under s. 440.88, Stats.

SB767,15,12 (2) Chapters SPS 160 to 168 do not apply to any of the following:

SB767,15,15 (a) A physician, as defined in s. 448.01 (5), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,15,18 (b) A clinical social worker, as defined in s. 457.01 (1r), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,15,21 (c) A licensed psychologist, as defined in s. 455.01 (4), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,15,25 (d) A marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,16,5 (e) The preparation of a patient for substance use disorder treatment by referral, the treatment of a patient for substance use disorder until a referral for substance use disorder treatment is completed, and the continuation of treatment with the nonsubstance use disorder issues of a person, when performed by a mental health provider practicing within the scope of his or her credential.

SB767,37 Section 37. SPS 160.02 (2m) of the administrative code is created to read:

SB767,16,13 SPS 160.02 (2m) “Assessment training” means education on the comprehensive process of collecting pertinent data about patients or patient systems and their environment, and appraising the data as a basis for making decisions regarding substance use disorder diagnosis and treatment or referral. The education shall consist of culturally inclusive studies in understanding addiction, psychopharmacology, recognition and differentiation of co-occurring medical and psychological disorders, clinical evaluation, and treatment planning.

SB767,38 Section 38. SPS 160.02 (3) (g) of the administrative code is created to read:

SB767,16,16 SPS 160.02 (3) (g) Marriage and family therapy, as defined in s. 457.01 (5), Stats.

SB767,39 Section 39. SPS 160.02 (3) (h) of the administrative code is created to read:

SB767,16,18 SPS 160.02 (3) (h) Professional counseling, as defined in s. 457.01 (6), Stats.

SB767,40 Section 40. SPS 160.02 (3m) of the administrative code is created to read:

SB767,17,3 SPS 160.02 (3m) “Case management” means education on culturally appropriate administrative, clinical, and evaluative activities included in the process of coordinating and prioritizing patient treatment goals and working with the patient and significant others, as well as other services, agencies, and resources to achieve those treatment goals. The education shall include studies in implementing treatment plans including continuing assessment, the referral process, service coordination, including for co-occurring medical and psychological disorders, record management and documentation, and utilizing the written client record to guide and monitor services to reach measurable goals and objectives.

SB767,41 Section 41. SPS 160.02 (6) of the administrative code is amended to read:

SB767,17,12 SPS 160.02 (6) “Clinical supervision" means a specific and definitive process of oversight of a counselor's professional development in the didactic, experiential and application of the transdisciplinary foundations, and practice dimensions including core functions. Supervision takes place in intermittent in person contact between a clinical supervisor and treatment staff provided on or off the site of a service to ensure that each patient has an individualized treatment plan and is receiving quality care. A primary purpose of “clinical supervision" is to ensure skill development evidenced in quality patient care.

SB767,42 Section 42. SPS 160.02 (9) of the administrative code is repealed.

SB767,43 Section 43. SPS 160.02 (10) of the administrative code is repealed.

SB767,44 Section 44. SPS 160.02 (10m) of the administrative code is created to read:

SB767,17,23 SPS 160.02 (10m) “Counseling training” means education that includes the study of fundamental theories, principles, and techniques of substance use disorder counseling to facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities. Counseling education shall include studies of understanding addiction, recognized treatment theory and practice, the recovery process, effective strategies for meeting the counseling needs of diverse patients, crisis management skills, and awareness of co-occurring medical and psychological disorders.

SB767,45 Section 45. SPS 160.02 (14) of the administrative code is repealed.

SB767,46 Section 46. SPS 160.02 (16) of the administrative code is repealed.

SB767,47 Section 47. SPS 160.02 (19m) of the administrative code is created to read:

SB767,18,13 SPS 160.02 (19m) “Patient education” means education about the process of providing patients, groups, families, couples, significant others, and communities with information on risks related to substance use, the processes of dependence including signs, symptoms, and behavior patterns, and available resources for prevention, treatment, and recovery in culturally relevant ways. The education shall include studies in understanding addiction including addiction to nicotine, the classification and basic pharmacology of drugs, basic physiology and the effects of drug use on the human body and patient, learning styles and teaching methods, delivery of educational programs, health and behavior problems related to substance use including transmission of HIV/AIDS, tuberculosis, sexually transmitted infections, and other infectious diseases, and basic life skills such as stress management, communication, and assertiveness.

SB767,48 Section 48. SPS 160.02 (22) of the administrative code is repealed.

SB767,49 Section 49. SPS 160.02 (24m) of the administrative code is created to read:

SB767,18,25 SPS 160.02 (24m) “Professional responsibility” means education that addresses standards of conduct or professional behavior expectations for counselors, supervisors, and prevention workers. Professional behavior areas to be studied shall include, at a minimum, legal issues specific to substance use disorder professional practice, patient welfare as a primary concern, responsibility for professional competence and professional development, participation in ongoing supervision and consultation, counselor values and self-care, relationships with other professionals and institutions, and the establishment of limits and boundaries in the patient relationship. This education shall also address the impact of specific cultural, ethnic, and racial influences and expectations.

SB767,50 Section 50. SPS 160.02 (28) of the administrative code is amended to read:

SB767,19,4 SPS 160.02 (28) “Substance use disorder" means the existence of a diagnosis of “substance dependence" or “substance abuse" “substance use disorder” listed in the most current edition of DSM.

SB767,51 Section 51. SPS 160.02 (29) of the administrative code is repealed.

SB767,52 Section 52. SPS 160.03 of the administrative code is amended to read:

SB767,19,12 SPS 160.03 Use of title. A Except as consistent with s. SPS 160.015 (2), a person may use the title “addiction counselor," “substance abuse counselor," “alcohol and drug counselor," “substance use disorder counselor" or “chemical dependency counselor" only if he or she is certified as a substance abuse counselor, or as a clinical substance abuse counselor under s. 440.88, Stats., or as allowed under the provisions of s. 457.02 (5m), Stats.

SB767,53 Section 53. Chapter SPS 161 of the administrative code is repealed and recreated to read:

SB767,19,15 Chapter SPS 161

SB767,19,16 REQUIREMENTS FOR CERTIFICATION

SB767,19,19 SPS 161.01 Substance abuse counselor-in-training application. An applicant for certification as a substance abuse counselor-in-training shall submit all of the following:

SB767,19,20 (1) An application form.

SB767,19,21 (2) A fee as determined by the department under s. 440.05, Stats.

SB767,19,22 (3) Evidence of successful passage of the jurisprudence examination.

SB767,20,2 (4) Evidence of completion of 100 hours of substance use disorder specialized education through a postsecondary institution, department-approved continuing education, or department-approved education program. The 100 hours shall be in all of the following:

SB767,20,3 (a) Fifteen hours in assessment training.