SB767: Bill Text

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 Chapter SPS 165 of the administrative code is repealed and recreated to read: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.

SB767,32,12 (2) A minimum of 4 continuing education credit hours of the required 30 credit hours shall be in the area of professional ethics and boundaries.

SB767,32,15 (3) A credential holder who also holds an active credential granted under ch. 457, Stats., may satisfy the continuing education requirements by meeting the continuing education requirements under s. 457.22, Stats.

SB767,32,19 (4) A clinical supervisor shall complete 4 hours of continuing education each 2-year credential period related to the supervision of substance abuse counselors. The 4 hours completed under this subsection may count toward the continuing education required for renewal of a clinical substance abuse counselor certification.

SB767,32,22 (5) A new credential holder is not required to satisfy continuing education requirements during the time between initial credentialing and commencement of a full 2-year credential period.

SB767,33,3 (6) Continuing education credit hours shall apply only to the 2-year credential period during which the credit hours are completed. If a credential holder fails to satisfy the continuing education requirements during a 2-year credential period, any additional continuing education credit hours completed on or after the renewal date to satisfy the requirement of the preceding period will not apply to the period during which they are earned.

SB767,33,6 SPS 168.02 Approved continuing education. (1) A continuing education program is approved if it is relevant to the practice of substance abuse counseling and any of the following applies:

SB767,33,8 (a) The program is approved, sponsored, provided, endorsed, or authorized by any of the following:

SB767,33,10 1. The National Association of Alcohol and Drug Abuse Counseling or one of its affiliated divisions.

SB767,33,11 2. The International Certification & Reciprocity Consortium.

SB767,33,13 3. The American Association for Marriage and Family Therapy or one of its affiliated divisions.

SB767,33,14 4. The Wisconsin Association for Marriage and Family Therapy.

SB767,33,15 5. The National Rehabilitation Counseling Association.

SB767,33,16 6. The American Rehabilitation Counseling Association.

SB767,33,17 7. The Wisconsin Rehabilitation Counseling Association.

SB767,33,18 8. The National Board for Certified Counselors.

SB767,33,19 9. The Commission on Rehabilitation Counselor Certification.

SB767,33,20 10. The Association of Social Work Boards.

SB767,33,21 11. The National Association of Social Workers or one of its affiliated chapters.

SB767,33,22 12. The Association of Baccalaureate Program Directors.

SB767,33,23 13. The Council on Social Work Education.

SB767,33,25 (b) The program or course is offered by a training program accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

SB767,34,3 (c) The program is approved, sponsored, or co-sponsored by a presenter approved by the Committee for the Approval of Continuing Education Sponsors of the American Psychological Association.

SB767,34,6 (d) The program or course is offered by an accredited college or university. A credential holder shall receive 15 continuing education credit hours for completing a semester course approved under this paragraph.

SB767,34,11 (e) The program is an employee sponsored inservice training and development program. No more than 15 continuing education credit hours earned through employee sponsored in-service training and development programs that are not approved under par. (a), (b), (c), or (d) may count toward satisfying continuing education requirements.

SB767,34,14 (2) (a) A person may earn continuing education credit hours for engaging in any of the following activities, if the activity is relevant to the practice of substance abuse counseling:

SB767,34,21 1. Presenting professional material. One continuing education credit hour is earned under this subdivision for each hour of a continuing education presentation, except that 15 credit hours are earned for presenting a semester-long educational course. No continuing education credit hours are earned by a person for repeating a presentation for which the person has previously earned continuing education. A person who presents for any of the following may earn continuing education credit hours under this subdivision:

SB767,34,22 a. A seminar, workshop, program, or institution that is approved under sub. (1).

SB767,34,23 b. A university, college, or vocational technical adult education course.

SB767,35,3 2. Developing professional material. One continuing education credit hour is earned under this subdivision for each hour spent developing continuing education professional material.