440.035 (2m) (a) In this subsection, “controlled substance” has the meaning given in s. 961.01 (4).
262,7t
Section 7t. 440.035 (2m) (c) of the statutes is created to read:
440.035 (2m) (c) 1. The medical examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by the first day of the 7th month beginning after the effective date of this subdivision .... [LRB inserts date], and annually thereafter, submit a report to the persons specified in subd. 2. that does all of the following:
a. Details proactive efforts taken by the board to address the issue of opioid abuse. The board shall specify whether the board has required, or otherwise encouraged, continuing education related to prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
b. Sets goals for addressing the issue of opioid abuse, as that issue pertains to or implicates the practices of the professions regulated by the board.
c. Describes the actions taken by the board so that the goals described in subd. 1. b. that were identified in the board's previous reports under this paragraph can be achieved, whether those goals have been achieved, and, if the goals have not been achieved, the reasons therefor.
2. A report under subd. 1. shall be submitted to all of the following:
a. Any committee, task force, or other body or person designated by the governor.
b. To the appropriate standing committees of the legislature with jurisdiction over health issues under s. 13.172 (3).
262,8
Section
8. 440.043 of the statutes is created to read:
440.043 Behavioral health review committee.
(1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or ch. 457 or for other credentials related to behavioral health.
(2) The advisory committee shall accept comments from the public related to its review under sub. (1). Before conducting a review under sub. (1), the department shall publish a class 1 notice under ch. 985 and shall publish notice on its Internet site announcing the opportunity for public comment.
(3) The advisory committee established under sub. (1) may propose changes in statutes and rules to the department; the marriage and family therapy, professional counseling, and social work examining board; or other appropriate credentialing board.
262,9
Section
9. 440.88 (3) (a) (intro.) of the statutes is amended to read:
440.88 (3) (a) (intro.) Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on December 15, 2006, as defined by the department of health services by rule:
262,10
Section
10. 440.88 (3m) of the statutes is amended to read:
440.88 (3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), or a licensed psychologist, as defined in s. 455.01 (4), a marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
262,11
Section
11. 440.88 (7) of the statutes is amended to read:
440.88 (7) Reciprocal certification. The department may shall, upon application and payment of the required fee, issue certification as a substance abuse counselor, clinical supervisor, or prevention specialist to an individual who holds a similar unexpired certification issued to the individual by another state for which the requirements for certification are of a standard that is not lower than that specified in this subchapter.
262,13
Section
13. 441.19 of the statutes is created to read:
441.19 Maintenance and detoxification treatment under federal waiver. (1) In this section, “waiver” means a waiver issued by the federal department of health and human services under
21 USC 823 (g) (2) (A).
(2) With respect to the ability of an advanced practice nurse who is certified to issue prescription orders to obtain and practice under a waiver, a physician who meets any of the conditions specified in
21 USC 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under
21 USC 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.
262,16
Section
16. 448.038 of the statutes is created to read:
448.038 Maintenance and detoxification treatment under federal waiver. (1) In this section, “waiver” means a waiver issued by the federal department of health and human services under
21 USC 823 (g) (2) (A).
(2) With respect to the ability of a physician assistant to obtain and practice under a waiver, a physician who meets any of the conditions specified in
21 USC 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under
21 USC 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.
262,27m
Section 27m. 457.02 (5) of the statutes is amended to read:
457.02 (5) Authorize any individual who is certified or licensed under this chapter
s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) 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.
262,28m
Section 28m. 457.02 (5m) of the statutes is amended to read:
457.02 (5m) Authorize any individual who is certified or licensed under this chapter s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) to treat alcohol or substance dependency or abuse 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.
961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual authorized under s. 457.02 (5m) to treat licensed under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f) who treats alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:
961.385 (2) (cm) 2. A person who medically coordinates, directs, or supervises, or establishes standard operating procedures for, a practitioner, pharmacist, registered nurse, substance abuse counselor, or individual authorized under s. 457.02 (5m) to treat alcohol or substance dependency or abuse as a specialty to whom records may be disclosed under subd. 1., if the person is evaluating the job performance of the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual, or is performing quality assessment and improvement activities, including outcomes evaluation or development of clinical guidelines, and if the disclosure does not contain personally identifiable information, as defined in s. 19.62 (5), of a patient and is limited to only those records about the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual the person medically coordinates, directs, or supervises, or for whom the person establishes standard operating procedures.
262,31
Section
31. DHS 75.02 (15) of the administrative code is amended to read:
DHS 75.02 (15) “Counseling" means the application of recognized theories, principles, techniques and strategies to manage and facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities as described in s. SPS 166.01 (3) 160.02 (10m) or s. MPSW 2.01 (10).
262,32
Section
32. DHS 75.02 (84) (d) of the administrative code is amended to read:
DHS 75.02 (84) (d) A s. MPSW 1.09 specialty An individual who holds a clinical social worker, marriage and family therapist, or professional counselor license granted under ch. 457, Stats., granted by DSPS.
262,33
Section
33. DHS 75.03 (4) (e) of the administrative code is amended to read:
DHS 75.03 (4) (e) All Any staff who provide provides clinical supervision shall fulfill the requirements established, as defined in s. SPS 160.02 (6)
and, shall hold a certificate from DSPS as required be a clinical supervisor, as defined in s. SPS 160.02 (7), except for a physician knowledgeable in addiction treatment, licensed psychologist with a knowledge of psychopharmacology and addiction treatment, or professional possessing the s. MPSW 1.09 subspecialty a clinical social worker, marriage and family therapist, or professional counselor license granted under ch. 457, Stats., and knowledgeable in addiction treatment.
262,34
Section
34. MPSW 1.09 of the administrative code is repealed.
262,35
Section
35. Chapter SPS 160 (title) of the administrative code is amended to read:
Chapter SPS 160
APPLICABILITY AND DEFINITIONS
262,36
Section
36. SPS 160.015 of the administrative code is created to read:
SPS 160.015 Applicability. (1) Except as provided in sub. (2), no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under s. 440.88, Stats.
(2) Chapters SPS 160 to 168 do not apply to any of the following:
(a) A physician, as defined in s. 448.01 (5), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
(b) A clinical social worker, as defined in s. 457.01 (1r), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
(c) A licensed psychologist, as defined in s. 455.01 (4), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
(d) A marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
(e) The preparation of a patient for substance use disorder treatment by referral, the treatment of a patient for substance use disorder until a referral for substance use disorder treatment is completed, and the continuation of treatment with the nonsubstance use disorder issues of a person, when performed by a mental health provider practicing within the scope of his or her credential.
262,37
Section
37. SPS 160.02 (2m) of the administrative code is created to read:
SPS 160.02 (2m) “Assessment training” means education on the comprehensive process of collecting pertinent data about patients or patient systems and their environment, and appraising the data as a basis for making decisions regarding substance use disorder diagnosis and treatment or referral. The education shall consist of culturally inclusive studies in understanding addiction, psychopharmacology, recognition and differentiation of co-occurring medical and psychological disorders, clinical evaluation, and treatment planning.
262,38
Section
38. SPS 160.02 (3) (g) of the administrative code is created to read:
SPS 160.02 (3) (g) Marriage and family therapy, as defined in s. 457.01 (5), Stats.
262,39
Section
39. SPS 160.02 (3) (h) of the administrative code is created to read:
SPS 160.02 (3) (h) Professional counseling, as defined in s. 457.01 (6), Stats.
262,40
Section
40. SPS 160.02 (3m) of the administrative code is created to read:
SPS 160.02 (3m) “Case management” means education on culturally appropriate administrative, clinical, and evaluative activities included in the process of coordinating and prioritizing patient treatment goals and working with the patient and significant others, as well as other services, agencies, and resources to achieve those treatment goals. The education shall include studies in implementing treatment plans including continuing assessment, the referral process, service coordination, including for co-occurring medical and psychological disorders, record management and documentation, and utilizing the written client record to guide and monitor services to reach measurable goals and objectives.
262,41
Section
41. SPS 160.02 (6) of the administrative code is amended to read:
SPS 160.02 (6) “Clinical supervision" means a specific and definitive process of oversight of a counselor's professional development in the didactic, experiential and application of the transdisciplinary foundations, and practice dimensions including core functions. Supervision takes place in intermittent in person contact between a clinical supervisor and treatment staff a counselor provided on or off the site of a service to ensure that each patient has an individualized treatment plan and is receiving quality care. A primary purpose of “clinical supervision" is to ensure skill development evidenced in quality patient care.
262,42
Section
42. SPS 160.02 (9) of the administrative code is repealed.
262,43
Section
43. SPS 160.02 (10) of the administrative code is repealed.
262,44
Section
44. SPS 160.02 (10m) of the administrative code is created to read:
SPS 160.02 (10m) “Counseling training” means education that includes the study of fundamental theories, principles, and techniques of substance use disorder counseling to facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities. Counseling education shall include studies of understanding addiction, recognized treatment theory and practice, the recovery process, effective strategies for meeting the counseling needs of diverse patients, crisis management skills, and awareness of co-occurring medical and psychological disorders.
262,45
Section
45. SPS 160.02 (14) of the administrative code is repealed.
262,46
Section
46. SPS 160.02 (16) of the administrative code is repealed.
262,47
Section
47. SPS 160.02 (19m) of the administrative code is created to read:
SPS 160.02 (19m) “Patient education” means education about the process of providing patients, groups, families, couples, significant others, and communities with information on risks related to substance use, the processes of dependence including signs, symptoms, and behavior patterns, and available resources for prevention, treatment, and recovery in culturally relevant ways. The education shall include studies in understanding addiction including addiction to nicotine, the classification and basic pharmacology of drugs, basic physiology and the effects of drug use on the human body and patient, learning styles and teaching methods, delivery of educational programs, health and behavior problems related to substance use including transmission of HIV/AIDS, tuberculosis, sexually transmitted infections, and other infectious diseases, and basic life skills such as stress management, communication, and assertiveness.
262,48
Section
48. SPS 160.02 (22) of the administrative code is repealed.
262,49
Section
49. SPS 160.02 (24m) of the administrative code is created to read:
SPS 160.02 (24m) “Professional responsibility” means education that addresses standards of conduct or professional behavior expectations for counselors, supervisors, and prevention workers. Professional behavior areas to be studied shall include, at a minimum, legal issues specific to substance use disorder professional practice, patient welfare as a primary concern, responsibility for professional competence and professional development, participation in ongoing supervision and consultation, counselor values and self-care, relationships with other professionals and institutions, and the establishment of limits and boundaries in the patient relationship. This education shall also address the impact of specific cultural, ethnic, and racial influences and expectations.
262,50
Section
50. SPS 160.02 (28) of the administrative code is amended to read:
SPS 160.02 (28) “Substance use disorder" means the existence of a diagnosis of “substance dependence" or “substance abuse" “substance use disorder”
listed in the most current edition of DSM.
262,51
Section
51. SPS 160.02 (29) of the administrative code is repealed.
262,52
Section
52. SPS 160.03 of the administrative code is amended to read:
SPS 160.03 Use of title. A
Except as consistent with s. SPS 160.015 (2), a person may use the title “addiction counselor," “substance abuse counselor," “alcohol and drug counselor," “substance use disorder counselor" or “chemical dependency counselor" only if he or she is certified as a substance abuse counselor, or as a clinical substance abuse counselor under s. 440.88, Stats., or as allowed under the provisions of s. 457.02 (5m), Stats.
262,53
Section
53. Chapter SPS 161 of the administrative code is repealed and recreated to read:
Chapter SPS 161
REQUIREMENTS FOR CERTIFICATION
SPS 161.01 Substance abuse counselor-in-training application. An applicant for certification as a substance abuse counselor-in-training shall submit all of the following:
(1) An application form.
(2) A fee as determined by the department under s. 440.05, Stats.
(3) Evidence of successful passage of the jurisprudence examination.
(4) Evidence of completion of 100 hours of substance use disorder specialized education through a postsecondary institution, department-approved continuing education, or department-approved education program. The 100 hours shall be in all of the following:
(a) Fifteen hours in assessment training.
(b) Fifteen hours in counseling training.
(c) Ten hours in case management.
(d) Fifteen hours in patient education.
