(5) (a) Within 30 days after receipt of a report under sub. (1), (2), (3), or (4), the appropriate section of the examining board shall notify the certificate credential holder, in writing, of the substance of the report. The certificate credential holder and the certificate holder's his or her authorized representative may examine the report and may place into the record a statement, of reasonable length, of the certificate credential holder's view of the correctness or relevance of any information in the report. The certificate credential holder may institute an action in circuit court to amend or expunge any part of the certificate holder's his or her record related to the report.
(b) If the appropriate section of the examining board determines that a report submitted under sub. (1), (2), (3), or (4) is without merit or that the certificate credential holder has sufficiently improved his or her conduct, that section of the examining board shall remove the report from the certificate holder's his or her record. If no report about a certificate credential holder is filed under sub. (1), (2), (3), or (4) for 2 consecutive years, the
certificate credential holder may petition the appropriate section of the examining board to remove any prior reports, which did not result in disciplinary action, from his or her record.
80,82
Section
82. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:
457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a certificate credential holder or deny, limit, suspend, or revoke a certificate credential under this chapter if it finds that the applicant or certificate credential holder has done any of the following:
(a) Made a material misstatement in an application for a certificate credential or for renewal of a certificate credential.
(b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.
80,83
Section
83. 457.26 (2) (e) of the statutes is amended to read:
457.26 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling while his or her ability to practice was impaired by alcohol or other drugs.
80,84
Section
84. 457.26 (2) (g) of the statutes is amended to read:
457.26 (2) (g) Performed social work, advanced practice social work, or independent social work services in violation of the rules promulgated under s. 457.03 (2) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.
80,85
Section
85. 457.30 of the statutes is repealed.
80,86
Section
86. 905.04 (1) (bm) of the statutes is amended to read:
905.04 (1) (bm) "Marriage and family therapist" means an individual who is certified licensed as a marriage and family therapist under ch. 457 or an individual reasonably believed by the patient to be a marriage and family therapist.
80,87
Section
87. 905.04 (1) (dm) of the statutes is amended to read:
905.04 (1) (dm) "Professional counselor" means an individual who is certified licensed as a professional counselor under ch. 457 or an individual reasonably believed by the patient to be a professional counselor.
80,88
Section
88. 905.04 (1) (g) of the statutes is amended to read:
905.04 (1) (g) "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 ch. 457 or an individual reasonably believed by the patient to be a social worker, advanced practice social worker, independent social worker, or clinical social worker.
80,89
Section
89.
Nonstatutory provisions.
(1) Definitions. In this Section:
(a) "Department" means the department of regulation and licensing.
(b) "Examining board" means the marriage and family therapy, professional counseling, and social work examining board.
(2) Examining board membership. Notwithstanding section 15.405 (7c) (a) and (am) of the statutes, as affected by this act, a member of the examining board who was appointed on or before the effective date of this subsection may continue to serve as a member of the examining board until the end of his or her appointed term.
(3) Transitional provisions.
(a) Duties of examining board sections. Notwithstanding sections 457.08 (4) (intro.), (c) (intro.), 1., 2., 3., and 4., and (d), 457.10 (intro.) and (3) (intro.), (a), (b), (c), and (d), 457.12 (intro.) and (3) (a) (intro.), 1., 2., 3., and 4. and (b) (intro.), 1., 2., 3., and 4., 457.14 (1), and 457.15 (1) (intro.), (a), (b), (c), and (d), (2), and (3) of the statutes, as affected by this act, on the effective date of this paragraph:
1. The social worker section of the examining board shall grant a clinical social worker license under section 457.08 (4) of the statutes, as affected by this act, to any person who holds a valid independent clinical social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.
2. The marriage and family therapist section of the examining board shall grant a marriage and family therapist license under section 457.10 of the statutes, as affected by this act, to any person who holds a valid marriage and family therapist certificate that was granted by the marriage and family therapy section of the examining board before the effective date of this subdivision.
3. The professional counselor section of the examining board shall grant a professional counselor license under section 457.12 of the statutes, as affected by this act, to any person who holds a valid professional counselor certificate that was granted by the professional counselor section of the examining board before the effective date of this subdivision.
4. The appropriate section of the examining board shall grant a temporary social worker, marriage and family therapist, or professional counselor license under section 457.14 (1) of the statutes, as affected by this act, to any person who holds a valid temporary social worker, marriage and family therapist, or professional counselor certificate that was granted by that section of the examining board before the effective date of this subdivision. A temporary license granted pursuant to this subdivision is valid only for the period of time designated by the section of the examining board for the temporary certificate granted to the person. If the temporary certificate was renewed once by the section, the temporary license may not be renewed.
(b) Duty of department. The department shall issue a certificate of licensure under section 457.20 (1) of the statutes, as affected by this act, to any person who is granted a license under paragraph (a
).
80,90
Section
90.
Effective date.
(1) This act takes effect on the first day of the 6th month beginning after publication.
