2023 Wisconsin Act 55

55,56 Section 56. 457.04 (7) of the statutes is amended to read:

457.04 (7) Practice psychotherapy unless the person is licensed under this chapter subchapter, holds a valid professional counselor privilege to practice in this state, or unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under ss. 457.03 and 457.035.

55,57 Section 57. 457.06 (intro.) of the statutes is amended to read:

457.06 General requirements for certification or licensure. (intro.) The social worker section, marriage and family therapist section, or professional counselor section may not grant any certificate or license under this chapter subchapter unless the applicant does all of the following:

55,58 Section 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to read:

457.09 (2) (b) A social worker training certificate holder is a social worker certified under this chapter subchapter for purposes of any law governing social workers certified under this chapter subchapter.

(4) (b) 1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this chapter subchapter who has a bachelor's or master's degree in social work.

2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter subchapter who has a bachelor's or master's degree in social work.

55,59 Section 59. 457.12 (title) of the statutes is amended to read:

457.12 (title) Professional counselor license; privilege to practice.

55,60 Section 60. 457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m) (intro.), (a), (b), (c) (intro.), 1. d. and 2. d. and (d), as renumbered, are amended to read:

457.12 (1m) License. (intro.) The professional counselor section shall, subject to sub. (4m), grant a professional counselor license to any individual who does to whom all of the following apply:

(a) Satisfies The individual satisfies the requirements in s. 457.06.

(b) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the professional counselor section.

(c) (intro.) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has done any of the following:

1. d. An individual, other than an individual specified in subd. 1., 2., or 3. a., b., or c., who is approved by the professional counselor section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional counselor section.

2. d. An individual, other than an individual specified in subd. 1., 2., or 3. a., b., or c., who is approved by the professional counselor section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional counselor section.

(d) Passes The individual passes one or more examinations under s. 457.16 approved by the professional counselor section to determine minimum competence to practice professional counseling.

55,61 Section 61. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to read:

457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.

(2m) License based upon privilege to practice. The professional counselor section shall grant a professional counselor license to any individual to whom all of the following apply:

(a) The individual satisfies the requirements in s. 457.06.

(b) The individual holds a home state license in another state that is a party to the counseling compact, has changed his or her primary state of residence to this state, and satisfies all other requirements under s. 457.50 (5).

(bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have a conviction record.

(d) The individual passes an examination described under s. 457.16 (1) (b), if required.

(3m) Privilege to practice. The professional counselor section shall grant a professional counselor privilege to practice to any individual to whom all of the following apply:

(a) The individual holds an unencumbered home state license in another state that is a party to the counseling compact and satisfies all other requirements under s. 457.50 (4).

(b) The individual applies for the privilege to practice in the manner prescribed by the department.

(c) The individual pays any fee established by the department under s. 457.51 (2).

(d) The individual passes an examination described under s. 457.16 (1) (b), if required.

(4m) Types of license. (a) A professional counselor license granted under sub. (1m) may be either of the following:

1. A license that, subject to s. 457.50 (4), entitles the holder to obtain and exercise a privilege to practice in other states that are parties to the counseling compact.

2. A single-state license, which only entitles the holder to practice in this state. Nothing in the counseling compact applies to the holder of a single-state license unless otherwise applicable under this subchapter.

(b) When applying for a license under sub. (1m), an individual shall specify whether he or she is applying for a license under par. (a) 1. or 2.

55,62 Section 62 . 457.13 (1) (c) of the statutes is amended to read:

457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).

55,63 Section 63 . 457.14 (1) (f) of the statutes is amended to read:

457.14 (1) (f) Satisfies the requirements under s. 457.12 (1) to (3) (1m) (a) to (c) and has submitted an application to take the next available examination for licensure under s. 457.12 (4) (1m) (d).

55,64 Section 64 . 457.15 (3) of the statutes is amended to read:

457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2), the professional counselor section 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 that tests knowledge of state law relating to professional counseling, if the professional counselor section 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 (1m).

55,65 Section 65. 457.16 (1) of the statutes is renumbered 457.16 (1) (a).

55,66 Section 66. 457.16 (1) (b) of the statutes is created to read:

457.16 (1) (b) The professional counselor section may, in accordance with par. (a), arrange for an examination that tests an applicant's knowledge of state law relating to the practice of professional counseling in accordance with s. 457.51 (3), if such an examination is required for applicants for licensure under s. 457.12 (1m).

55,67 Section 67. 457.18 of the statutes is created to read:

457.18 Practice under counseling compact. An individual who holds a valid privilege to practice in this state may, subject to s. 457.51 (4), do any of the following:

(1) Practice professional counseling in this state, subject to s. 457.50 (4).

(2) Practice professional counseling in this state via telehealth, as defined in s. 457.50 (2) (y), subject to s. 457.50 (7).

55,68 Section 68. 457.20 (1) and (2) of the statutes are amended to read:

457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter subchapter.

(2) The renewal dates for certificates and licenses granted under this chapter subchapter, other than training certificates and licenses or temporary certificates or licenses, are specified under s. 440.08 (2) (a).

55,69 Section 69. 457.24 (1) of the statutes is amended to read:

457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this chapter subchapter or who is exercising the professional counselor privilege to practice in this state may not practice clinical social work, marriage and family therapy, or professional counseling unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this subsection.

55,70 Section 70. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to read:

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 subchapter or any rule promulgated under this chapter subchapter has occurred.

(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 subchapter if it finds that the applicant or credential holder has done any of the following:

(h) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

55,71 Section 71 . Subchapter II of chapter 457 [precedes 457.50] of the statutes is created to read:

chapter 457

Subchapter II

COUNSELING COMPACT

457.50 Counseling compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

(a) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

(b) Enhance the states' ability to protect the public's health and safety;

(c) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

(d) Support spouses of relocating active duty military personnel;

(e) Enhance the exchange of licensure, investigative, and disciplinary information among member states;

(f) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

(g) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

(h) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

(i) Eliminate the necessity for licenses in multiple states; and

(j) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.

(2) Definitions. As used in this section, and except as otherwise provided, the following definitions apply:

(a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211.

(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and desist action.

(c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

(d) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

(e) “Counseling compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

(f) “Current significant investigative information” means any of the following:

1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

2. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

(g) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information.

(h) “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the national practitioners data bank (NPDB).

(i) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

(j) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

(k) “Home state” means the member state that is the licensee's primary state of residence.

(L) “Impaired practitioner” means an individual who has a condition(s) that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

(m) “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

(n) “Jurisprudence requirement” if required by a member state, means the assessment of an individual's knowledge of the laws and rules governing the practice of professional counseling in a state.

(o) “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.