SB158,32j
Section 32j. 440.094 (1) (c) 3. and 5. of the statutes, as affected by 2023 Wisconsin Act 87, are amended to read:
440.094 (1) (c) 3. A dentist or
, dental therapist, dental hygienist, or expanded function dental auxiliary licensed or certified under ch. 447.
5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.
SB158,32L
Section 32L. 440.094 (1) (c) 9g., 9m., 17. and 19. of the statutes are created to read:
440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.
9m. A physician assistant licensed under subch. IX of ch. 448.
17. A radiographer licensed under ch. 462.
19. A naturopathic doctor licensed under ch. 466.
SB158,33
Section 33. 440.094 (1) (c) 14. of the statutes is amended to read:
440.094 (1) (c) 14. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a clinical substance abuse counselor certified under s. 440.88.
SB158,33m
Section 33m. 440.095 of the statutes is created to read:
440.095 Practice by previously unlicensed individuals. (1) Definitions. In this section:
(a) “Health care employer" has the meaning given in s. 440.094 (1) (b).
(b) “National provider identifier” means the national provider identifier issued by the National Plan and Provider Enumeration System of the federal Centers for Medicare and Medicaid Services.
(c) “Permanent health care credential” means a credential corresponding to any of the health care providers enumerated in s. 440.094 (1) (c).
(d) “Services” means actions that are within the scope of practice that is defined for a permanent health care credential or training health care credential.
(e) “Training health care credential” means a credential that authorizes an individual to provide some or all of the services that may be provided under a permanent health care credential while the individual works to satisfy further education, training, supervised experience, and similar requirements that must be satisfied in order to be granted a permanent health care credential.
(2) Practice by previously unlicensed individuals. (a) Notwithstanding chs. 440 to 480 and except as provided in sub. (3), an individual may provide for a health care employer services that are within the scope of practice that is defined for the permanent health care credential or training health care credential described in subd. 1. g., and the department shall grant the individual a preliminary health care credential under this section, if all of the following apply:
1. The individual applies to the department for a preliminary health care credential under this section. The individual shall include in the application an attestation of all of the following:
a. The individual does not hold and has never held a license, certificate, permit, or similar form of authorization that allows the individual to perform those services in another jurisdiction.
b. The individual, within the 2-year period preceding the application under subd. 1. g., completed all education, training, supervised experience, and similar requirements that must be completed in order to be eligible for the permanent health care credential or training health care credential described in subd. 1. g.
c. The individual has passed all examinations required to be taken in order to be eligible for the permanent health care credential or training health care credential described in subd. 1. g., other than any interview or oral examination that may be required for the permanent health care credential or training health care credential.
d. The individual does not, to the best of his or her knowledge, have an arrest record or a conviction record, as those terms are defined in s. 111.32, on the basis of which the department or credentialing board, as applicable, would deny the individual's application under subd. 1. g. The department may, in the application for a preliminary health care credential under this section, provide a space for the individual to indicate if he or she has previously applied for a determination under s. 111.335 (4) (f).
dm. The individual does not have a disqualifying conviction described in sub. (3) (a).
e. The individual, to the best of his or her knowledge, meets all of the requirements, other than those specified in subd. 1. b. to d., for the permanent health care credential or training health care credential described in subd. 1. g.
f. The individual has never held the credential for which he or she has applied under subd. 1. g.
g. The individual has applied for a permanent health care credential or training health care credential granted by the department or a credentialing board, as applicable, under chs. 440 to 480 that corresponds to the preliminary health care credential for which he or she has applied under this section, and that application remains pending.
h. The individual has been engaged by a health care employer to provide services for that health care employer that are within the scope of practice that is defined for the permanent health care credential or training health care credential described in subd. 1. g. For purposes of this section, an individual may not serve as his or her own health care employer.
2. The health care employer of the individual described in subd. 1. h. provides to the department the health care employer's national provider identifier and attests to all of the following to the department:
a. The health care employer has engaged the individual to provide services for the health care employer as described in subd. 1. h.
b. To the best of the health care employer's knowledge and with a reasonable degree of certainty, the individual satisfies the applicable requirements under subd. 1. b. and c.
c. The individual passed a background check performed by the health care employer, and the background check did not reveal a disqualifying conviction described in sub. (3) (a).
(b) An individual who practices within the scope of a preliminary health care credential granted under this section has all rights and is subject to all responsibilities, malpractice insurance requirements, limitations on scope of practice, and other provisions that apply under chs. 440 to 480 to the practice under the permanent health care credential or training health care credential described in par. (a) 1. g.
(c) 1. A preliminary health care credential granted under this section becomes effective on the date the health care employer submits the attestation under par. (a) 2., or on a later date, specified in the attestation, that the individual will begin providing services for the health care employer.
2. A preliminary health care credential granted under this section expires on the date that the department, or a credentialing board in the department, as applicable, grants or denies the application under par. (a) 1. g. for a permanent health care credential or training health care credential submitted by the individual.
(3) Limitations. (a) An individual may not provide services or obtain a preliminary health care credential under this section if the individual has ever been convicted of any of the following:
1. A felony.
2. A misdemeanor, the circumstances of which involved the individual causing bodily harm to, or having sexual contact with, another individual.
(b) Notwithstanding ss. 111.321, 111.322, and 111.335, par. (a) applies regardless of whether the conviction is a conviction based upon which the department or credentialing board, as applicable, may deny the individual's application for a permanent health care credential or training health care credential under sub. (2) (a) 1. g.
SB158,34
Section 34. 440.15 of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
SB158,35
Section 35. 446.01 (1v) (m) of the statutes is amended to read:
446.01 (1v) (m) Marriage and family therapy, professional counseling, and social work examining board under subch. I of ch. 457. “Health care professional" also includes an individual who is exercising a multistate authorization to practice, as defined in s. 457.70 (2) (q), under any category of social worker multistate license, as defined in s. 457.70 (2) (r), in this state.
SB158,36
Section 36. 448.08 (4) of the statutes is amended to read:
448.08 (4) Professional partnerships and corporations permitted. Notwithstanding any other provision in this section, it is lawful for 2 or more physicians, who have entered into a bona fide partnership for the practice of medicine, to render a single bill for such services in the name of such partnership, and it also is lawful for a service corporation to render a single bill for services in the name of the corporation, provided that each individual licensed, registered or certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459 that renders billed services is individually identified as having rendered such services.
SB158,37
Section 37. 448.67 (4) of the statutes is amended to read:
448.67 (4) Billing by professional partnerships and corporations. If 2 or more podiatrists have entered into a bona fide partnership or formed a service corporation for the practice of podiatry, the partnership or corporation may not render a single bill for podiatry services provided in the name of the partnership or corporation unless each individual licensed, registered or certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459, who provided services is individually identified on the bill as having rendered those services.
SB158,38
Section 38. 450.10 (3) (a) 10. of the statutes is amended to read:
450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457, as those terms are defined under subch. I of ch. 457.
SB158,39
Section 39. Chapter 457 (title) of the statutes is amended to read:
CHAPTER 457
MARRIAGE AND FAMILY THERAPY,
PROFESSIONAL COUNSELING, AND
SOCIAL WORK EXAMINING BOARD
SB158,40
Section 40. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes is created to read:
chapter 457
Subchapter I
REGULATION OF MARRIAGE AND
FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK
SB158,41
Section 41. 457.01 (intro.) of the statutes is amended to read:
457.01 Definitions. (intro.) In this chapter subchapter:
SB158,42
Section 42. 457.01 (1c) of the statutes is amended to read:
457.01 (1c) “Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the social worker section or who is exercising a multistate authorization to practice under a master's-category multistate license.
SB158,43
Section 43. 457.01 (1g) of the statutes is amended to read:
457.01 (1g) “Certificate holder" means an individual who is certified under this chapter subchapter.
SB158,44
Section 44. 457.01 (1r) of the statutes is amended to read:
457.01 (1r) “Clinical social worker" means an individual who holds a license to practice clinical social work granted by the social worker section or who is exercising a multistate authorization to practice under a clinical-category multistate license.
SB158,46
Section 46. 457.01 (2r) of the statutes is amended to read:
457.01 (2r) “Licensee" means a person who is licensed under this chapter subchapter.
SB158,47
Section 47. 457.01 (5g) of the statutes is created to read:
457.01 (5g) “Multistate authorization to practice” means the multistate authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice the appropriate category of social work in this state under a multistate license granted by another state that is a party to the social work licensure compact.
SB158,48
Section 48. 457.01 (5i) of the statutes is created to read:
457.01 (5i) “Multistate license” has the meaning given in s. 457.70 (2) (r).
SB158,49
Section 49. 457.01 (10) of the statutes is amended to read:
457.01 (10) “Social worker" means an individual who holds a social worker certificate granted by the social worker section or who is exercising a multistate authorization to practice under a bachelor's-category multistate license.
SB158,50
Section 50. 457.01 (12) of the statutes is created to read:
457.01 (12) “Social work licensure compact” means the social work licensure compact under s. 457.70.
SB158,51
Section 51. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c) of the statutes are amended to read:
457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:
(1) Require any individual to be certified or licensed under this chapter subchapter in order to use the title “pastoral counselor," “investment counselor," “vocational counselor," “career counselor," “alcohol and drug counselor," “chemical dependency counselor," or “employee assistance counselor," or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter subchapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.
(2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed under this chapter subchapter in order to use the title “school social worker" or “school counselor."
(3) Require a person who is a psychologist or a psychiatrist to be licensed under this chapter subchapter in order to use the title “marriage and family therapist," “marriage and family counselor," or “professional counselor" if the psychologist or psychiatrist does not use the term “licensed," “certified," or “registered" or any similar term in connection with the title “marriage and family therapist," “marriage and family counselor," or “professional counselor."
(4) Authorize any individual who is certified or licensed under this chapter subchapter to use the title “school social worker" or “school counselor" unless the individual is licensed as a school social worker or school counselor by the department of public instruction.
(5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to use the title “alcohol and drug counselor" or “chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department.
(5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to treat substance use disorder as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.
(6) (c) Provide a consultation or demonstration with an individual licensed under this chapter subchapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work in another state or territory of the United States.
SB158,52
Section 52. 457.03 (2) of the statutes, as affected by 2023 Wisconsin Act 55, is amended to read:
457.03 (2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and, licensees
, and individuals exercising a multistate authorization to practice. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this subchapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.
SB158,53
Section 53. 457.033 of the statutes, as affected by 2023 Wisconsin Act 55, is amended to read:
457.033 Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board and the psychology examining board shall jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this subchapter, or an individual who holds a valid professional counselor privilege to practice in this state, or an individual who is exercising a multistate authorization to practice, is qualified to perform. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder, licensee, or holder of a professional counselor privilege to practice, or holder of a multistate license may not engage in psychometric testing except as provided under the rules promulgated under this section.
SB158,54
Section 54. 457.035 (1) and (2) of the statutes, as affected by 2023 Wisconsin Act 55, are amended to read:
457.035 (1) The individual is licensed under this subchapter as a clinical social worker, marriage and family therapist, or professional counselor or holds a valid professional counselor privilege to practice in this state.
(2) The individual is certified as an advanced practice or independent social worker and the individual engages in psychotherapy only under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.
