SB767: Bill Text

SB767,25,21 (1) An application form.

SB767,25,22 (2) A fee as determined by the department under s. 440.05, Stats.

SB767,25,23 (3) Evidence of successful passage of the jurisprudence examination.

SB767,26,3 (4) Evidence of successful completion of 120 hours of approved education, including 50 hours specific to alcohol, tobacco, and other substance abuse and 6 hours specific to ethics, in the following content areas:

SB767,26,4 (a) Planning and evaluation.

SB767,26,5 (b) Prevention education and service delivery.

SB767,26,6 (c) Communication.

SB767,26,7 (d) Community organization.

SB767,26,8 (e) Public policy and environmental change.

SB767,26,9 (f) Professional growth and responsibility.

SB767,26,14 SPS 161.08 Reciprocity. An applicant holding a current credential in good standing as a substance abuse counselor, clinical supervisor, or prevention specialist or its equivalent in another state or U.S. territory with requirements for the credential that are not lower than specified in this chapter shall submit all of the following:

SB767,26,15 (1) An application form.

SB767,26,16 (2) A fee as determined by the department under s. 440.05, Stats.

SB767,26,20 (3) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance abuse counseling.

SB767,26,25 (4) For applicants who have had disciplinary or adverse action taken on their substance abuse counselor, clinical supervisor, or prevention specialist credential or its equivalent, all related information necessary for the department to determine whether the circumstances of the disciplinary action or adverse action warrant denial of the application.

SB767,27,1 (5) Evidence of successful passage of jurisprudence examination.

SB767,54 Section 54. SPS 163.01 of the administrative code is repealed.

SB767,55 Section 55. SPS 163.02 (1) of the administrative code is renumbered SPS 163.02 and amended to read:

SB767,27,11 SPS 163.02 Substance abuse counselor-in-training; limited scope of practice. The granting of a substance abuse counselor-in-training certificate does not denote or assure competency to provide substance use disorder counseling. A substance abuse counselor-in-training may provide services in any of the core functions, except counseling, if authorized and documented by the clinical supervisor. A clinical supervisor may only authorize a substance abuse counselor-in-training to provide counseling in accordance with sub. (2).

SB767,56 Section 56. SPS 163.02 (2) of the administrative code is repealed.

SB767,57 Section 57. SPS 163.02 (3) of the administrative code is repealed.

SB767,58 Section 58. SPS 164.01 (2) (fm) of the administrative code is created to read:

SB767,27,17 SPS 164.01 (2) (fm) Allowing students or supervisees to perform services for which the substance abuse professional is not qualified by education, training, or experience to perform.

SB767,59 Section 59. SPS 164.01 (2) (j) of the administrative code is amended to read:

SB767,27,21 SPS 164.01 (2) (j) Discriminating in practice on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability, gender identity, or sexual orientation.

SB767,60 Section 60. SPS 164.01 (2) (k) of the administrative code is amended to read:

SB767,28,2 SPS 164.01 (2) (k) Revealing to other personnel not engaged in the care of a patient or to members of the public information which concerns a patient's identity or condition unless release of the information is authorized by the patient or required or authorized by law. This provision shall not be construed to prevent a credential holder from cooperating with the department in the investigation of complaints.

SB767,61 Section 61. SPS 164.01 (2) (x) of the administrative code is amended to read:

SB767,28,6 SPS 164.01 (2) (x) Failing to report to the department or to institutional supervisory personnel any violation of the rules of this chapter by a substance abuse professional.

SB767,62 Section 62. SPS 164.01 (2) (y) of the administrative code is created to read:

SB767,28,8 SPS 164.01 (2) (y) Disclosing supervisee confidences, except as follows:

SB767,28,9 1. As mandated by law.

SB767,28,10 2. To prevent a clear and immediate danger to a person.

SB767,28,12 3. In educational or training settings where there are multiple supervisors who share responsibility for training of the supervisee.

SB767,63 Section 63. Chapter SPS 165 of the administrative code is repealed and recreated to read:

SB767,28,15 Chapter SPS 165

SB767,28,16 RENEWAL AND REINSTATEMENT

SB767,28,19 SPS 165.01 Late renewal. (1) General. A person with an expired credential under s. 440.88, Stats., may not reapply for a credential using the initial application process.

SB767,28,21 (2) Renewal within 5 years. A person renewing a credential under s. 440.88, Stats., within 5 years after its expiration shall do all of the following:

SB767,28,23 (a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and any applicable late renewal fee.

SB767,28,25 (b) Certify the completion of continuing education under ch. SPS 168 during the 2-year period preceding the last renewal date.

SB767,29,3 (3) Renewal after 5 years. This subsection does not apply to a credential holder who has unsatisfied disciplinary requirements. A person renewing a credential under s. 440.88, Stats., after 5 years of its expiration shall do all of the following:

SB767,29,5 (a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and the late renewal fee.

SB767,29,6 (b) Provide evidence of one of the following:

SB767,29,7 1. Holding a substantially equivalent credential in another state.

SB767,29,9 2. Completion of 60 hours of continuing education in the last 2 years, including 6 hours on ethics and boundaries and 6 hours of psychopharmacology.

SB767,29,14 SPS 165.02 Reinstatement. A credential holder who has unsatisfied disciplinary requirements and has not renewed a credential under s. 440.88, Stats., within 5 years of its expiration or whose credential under s. 440.88, Stats., has been surrendered or revoked may apply for the credential to be reinstated by submitting all of the following:

SB767,29,16 (1) Evidence of completion of the requirements in s. SPS 165.01 (3) if the credential has not been active within the past 5 years.

SB767,29,17 (2) Evidence of completion of disciplinary requirements, if applicable.

SB767,29,19 (3) Evidence of rehabilitation or change in circumstances warranting reinstatement.

SB767,64 Section 64. Chapter SPS 166 of the administrative code is repealed and recreated to read:

SB767,29,22 Chapter SPS 166

SB767,29,23 EDUCATION APPROVAL

SB767,30,3 SPS 166.01 Approval of substance abuse counselor education. (1) An application to be a department-approved education program shall include all of the following:

SB767,30,5 (a) A detailed outline of each course, or for core competency programs a detailed outline of each core competency and how the competency will be measured.

SB767,30,7 (b) For each course or core competency, indicate the allocation of hours or competency hour equivalencies for the following content areas:

SB767,30,8 1. Assessment training.

SB767,30,9 2. Counseling training.

SB767,30,10 3. Case management.

SB767,30,11 4. Patient education.

SB767,30,12 5. Professional responsibility.

SB767,30,13 6. Boundaries and ethics.

SB767,30,14 (c) Evidence that each instructor satisfies one of the following:

SB767,30,15 1. The instructor holds one of the following credentials in good standing:

SB767,30,16 a. Substance abuse counselor.

SB767,30,17 b. Clinical substance abuse counselor.

SB767,30,18 c. A credential under ch. 457, Stats.

SB767,30,20 2. The instructor is a physician with knowledge and experience related to substance use disorder counseling.

SB767,30,22 3. The instructor is a psychologist with knowledge and experience related to substance use disorder counseling.

SB767,30,24 4. The instructor is an instructor of substance use disorder related courses at an accredited institution.

SB767,31,2 (2) An instructor whose credential has been limited, suspended, or revoked may not instruct in an approved program while the disciplinary action is in effect.

SB767,31,4 (3) An approved program shall inform the department in advance of any major change in a course or instructor qualifications.

SB767,31,7 (4) An approval of a program remains in effect for 5 years. After 5 years, the program shall resubmit a new application to become an approved educational program.

SB767,31,10 (5) An approved program shall provide a certificate of completion or transcript to each student and shall retain student records for at least 7 years after a student has completed the program.

SB767,31,13 SPS 166.02 Approved prevention specialist education. The department shall accept prevention specialist training provided, sponsored, or approved by any of the following:

SB767,31,14 (1) An accredited college or university.

SB767,31,15 (2) The Wisconsin Association of Alcohol and Drug Abuse.

SB767,31,16 (3) The National Association of Alcohol and Drug Abuse Counselors.

SB767,31,17 (4) The Wisconsin Clearinghouse for Prevention Resources.

SB767,31,18 (5) The Federal Center for Substance Abuse Prevention.

SB767,31,20 (6) The National Center for the Application of Prevention Technologies or its regional centers.

SB767,31,22 (7) The federal department of health and human services, or its agencies, institutes, administrations, or centers.

SB767,31,23 (8) The White House Office of National Drug Control Policy.

SB767,31,24 (9) The department of health services.

SB767,31,25 (10) The department of public instruction.

SB767,65 Section 65. Chapter SPS 168 of the administrative code is repealed and recreated to read:

SB767,32,3 Chapter SPS 168

SB767,32,4 CONTINUING EDUCATION

SB767,32,10 SPS 168.01 Continuing education requirements. (1) Unless granted a postponement or waiver of the continuing education requirements under s. SPS 168.03, a substance abuse counselor or prevention specialist shall complete 30 continuing education credit hours in approved continuing education programs during each 2-year credential period and shall certify on the renewal application that all required continuing education was completed.