SB196: Bill Text

April 3, 2023 - Introduced by Joint Legislative Council. Referred to Committee on Health.

SB196,2,5 An Act to renumber 457.16 (1); to renumber and amend 440.03 (13) (c) and 457.12; to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.), 457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1), (2), (3), (4) and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4), (5) (a) and (b) and (7), 457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1) (f), 457.15 (3), 457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1) (e) 4., 800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to create 14.896, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and (2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes 457.50] of the statutes; relating to: ratification of the Counseling Compact.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council's Study Committee on Occupational Licenses.

This bill ratifies and enters Wisconsin into the Counseling Compact, which provides for the ability of a professional counselor to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of a Counseling Compact Commission, which includes one member or administrator of the licensure boards of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, employing officers and employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a professional counselor to obtain a “privilege to practice,” which allows a professional counselor to practice professional counseling in another compact state (remote state) if the professional counselor satisfies certain criteria. The compact specifies a number of requirements in order for a professional counselor to exercise a privilege to practice, including holding a professional counselor license in a home state, not having any encumbrances or restrictions against a license or privilege in the previous two years, and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A professional counselor practicing in a remote state under a privilege to practice must adhere to the laws and regulations, including the scope of practice, of that state. A remote state may, in accordance with that state's laws, remove a professional counselor's privilege to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens. If a professional counselor's license is encumbered, the counselor loses the privilege to practice in all remote states until certain criteria are satisfied. If a professional counselor's privilege to practice in any remote state is removed, the counselor may lose the privilege to practice in all other remote states until certain criteria are satisfied.

3. The ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on professional counselors. The compact requires all home state disciplinary orders that impose adverse actions to be reported to the commission. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.

5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state's membership in the compact if the state defaults on its obligations under the compact.

Since the compact has already been enacted by the minimum number of states required for it to become active, the compact becomes effective in this state upon enactment of the bill. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until six months after the effective date of that repeal.

SB196,1 Section 1 . 14.896 of the statutes is created to read:

SB196,3,7 14.896 Counseling compact. There is created a counseling compact commission as specified in s. 457.50. The delegate on the commission representing this state shall be appointed by the marriage and family therapy, professional counseling, and social work examining board as provided in s. 457.50 (9) (b) 1. and shall be an individual described in s. 457.50 (9) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 457.50.

SB196,2 Section 2 . 15.405 (7c) (a) 1. of the statutes is amended to read:

SB196,3,10 15.405 (7c) (a) 1. Four social worker members who are certified or licensed under subch. I of ch. 457.

SB196,3 Section 3 . 15.405 (7c) (a) 2. of the statutes is amended to read:

SB196,3,13 15.405 (7c) (a) 2. Three marriage and family therapist members who are licensed under subch. I of ch. 457.

SB196,4 Section 4 . 15.405 (7c) (a) 3. of the statutes is amended to read:

SB196,3,16 15.405 (7c) (a) 3. Three professional counselor members who are licensed under subch. I of ch. 457.

SB196,5 Section 5 . 15.405 (7c) (a) 4. of the statutes is amended to read:

SB196,4,3 15.405 (7c) (a) 4. Three public members who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under subch. I of ch. 457.

SB196,6 Section 6 . 15.405 (7c) (am) 1. of the statutes is amended to read:

SB196,4,6 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch. 457 as an advanced practice social worker.

SB196,7 Section 7 . 15.405 (7c) (am) 3. of the statutes is amended to read:

SB196,4,9 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch. 457 as a clinical social worker.

SB196,8 Section 8 . 15.405 (7c) (c) of the statutes is amended to read:

SB196,4,15 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under subch. I of ch. 457, and all other matters of interest to either the social worker, marriage and family therapist, or professional counselor section shall be acted upon solely by the interested section of the examining board.

SB196,9 Section 9. 46.90 (4) (ab) 4. of the statutes is amended to read:

SB196,4,19 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family therapist certified under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,10 Section 10 . 48.56 (2) of the statutes is amended to read:

SB196,4,23 48.56 (2) Each county department shall employ personnel who devote all or part of their time to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457.

SB196,11 Section 11 . 48.561 (2) of the statutes is amended to read:

SB196,5,4 48.561 (2) The department shall employ personnel in a county having a population of 750,000 or more who devote all of their time directly or indirectly to child welfare services. Whenever possible, these personnel shall be social workers certified under subch. I of ch. 457.

SB196,12 Section 12. 49.45 (30j) (a) 1. of the statutes is amended to read:

SB196,5,21 49.45 (30j) (a) 1. “Competent mental health professional” means a physician who has completed a residence in psychiatry; a psychologist; a private practice school psychologist who is licensed under ch. 455; a marriage and family therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker granted who holds a certificate under s. 457.08 (2); an independent social worker granted who holds a certificate under s. 457.08 (3); a clinical social worker who is licensed under s. 457.08 (4); a clinical substance abuse counselor or independent clinical supervisor who is certified under s. 440.88, or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Competent mental health professional" does not include an individual whose license or, certificate, or privilege is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB196,13 Section 13 . 51.03 (6) (a) of the statutes is amended to read:

SB196,6,11 51.03 (6) (a) In this subsection, “licensed treatment professional" means a physician who has completed a residence in psychiatry; a psychologist; a private practice school psychologist who is licensed under ch. 455; a marriage and family therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker granted who holds a certificate under s. 457.08 (2); an independent social worker who is licensed under s. 457.08 (3); a clinical social worker who is licensed under s. 457.08 (4); or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Licensed treatment professional" does not include an individual whose license or, certificate, or privilege is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

SB196,14 Section 14. 55.043 (1m) (a) 4. of the statutes is amended to read:

SB196,6,15 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and family therapist certified under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,15 Section 15. 146.81 (1) (hg) of the statutes is amended to read:

SB196,6,19 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,16 Section 16 . 146.89 (1) (r) 6. of the statutes is amended to read:

SB196,6,22 146.89 (1) (r) 6. A social worker who holds a certificate granted under subch. I of ch. 457.

SB196,17 Section 17 . 146.89 (1) (r) 7. of the statutes is amended to read:

SB196,6,25 146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch. I of ch. 457 or a professional counselor who is licensed under subch. I of ch. 457.

SB196,18 Section 18. 146.997 (1) (d) 11. of the statutes is amended to read:

SB196,7,4 146.997 (1) (d) 11. A social worker, marriage and family therapist or professional counselor certified under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,19 Section 19 . 180.1901 (1m) (f) of the statutes is amended to read:

SB196,7,7 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457.

SB196,20 Section 20. 252.14 (1) (ar) 7. of the statutes is amended to read:

SB196,7,12 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a professional counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.

SB196,21 Section 21 . 252.15 (1) (er) of the statutes is amended to read:

SB196,7,16 252.15 (1) (er) “Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under subch. I of ch. 457.

SB196,22 Section 22 . 253.10 (2) (f) of the statutes is amended to read:

SB196,7,22 253.10 (2) (f) “Qualified person assisting the physician" means a social worker certified under subch. I of ch. 457, a registered nurse or a physician assistant to whom a physician who is to perform or induce an abortion has delegated the responsibility, as the physician's agent, for providing the information required under sub. (3) (c) 2.

SB196,23 Section 23 . 256.215 (2) (b) of the statutes is amended to read:

SB196,8,5 256.215 (2) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the appropriate service level to be used by a community paramedic or a community emergency medical services practitioner. The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch. I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.

SB196,24 Section 24 . 257.01 (1) (a) of the statutes is amended to read:

SB196,8,9 257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.

SB196,25 Section 25 . 257.01 (1) (b) of the statutes is amended to read:

SB196,8,15 257.01 (1) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a psychologist under ch. 455 or certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor under subch. I of ch. 457, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

SB196,26 Section 26. 303.08 (1) (f) of the statutes is amended to read:

SB196,8,22 303.08 (1) (f) Obtaining counseling or therapy from an approved public treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, a professional counselor licensed under ch. 457, as defined in s. 457.01 (7), or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under subch. I of ch. 457.

SB196,27 Section 27. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB196,9,3 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and , 448.9875 (2), and 457.51 (2) by doing all of the following:

SB196,28 Section 28. 440.03 (9) (a) 2. of the statutes is amended to read:

SB196,9,19 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB196,29 Section 29. 440.03 (11m) (c) 2u. of the statutes is created to read:

SB196,9,23 440.03 (11m) (c) 2u. The coordinated database and reporting system under s. 457.50 (10), if such disclosure is required under the counseling compact under s. 457.50.

SB196,30 Section 30. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB196,10,8 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a.:

SB196,31 Section 31. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB196,10,13 440.03 (13) (c) 1. (intro.) The department shall require an all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints:

SB196,10,15 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB196,10,17 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB196,10,19 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB196,10,20 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB196,10,21 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB196,10,23 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB196,11,2 g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an

SB196,11,3 h. An applicant for a psychologist license under s. 455.04, and a.

SB196,11,6 z. A person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints.

SB196,11,16 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to i., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.