2023 Wisconsin Act 55

(h) Dispute resolution. 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.

2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

(i) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. By majority vote, the commission may initiate legal action in the U.S. district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

(13) Date of implementation of the counseling compact commission and associated rules, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.

(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

(c) Any member state may withdraw from this compact by enacting a statute repealing the same.

1. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

(d) Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.

(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(14) Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

(15) Binding effect of compact and other laws. (a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.

(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.

(d) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.

(e) All permissible agreements between the commission and the member states are binding in accordance with their terms.

(f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

457.51 Implementation of the counseling compact. (1) In this section:

(a) “Examining board" means the marriage and family therapy, professional counseling, and social work examining board.

(b) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

(c) “Professional counselor section” means the professional counselor section of the examining board.

(2) The department may impose a fee for an individual to receive a privilege to practice as provided in s. 457.50 (3) (c).

(3) The professional counselor section may, by rule, require an individual applying for a license under s. 457.12 (2m) or an individual seeking a privilege to practice under s. 457.12 (3m) to meet a jurisprudence requirement in accordance with s. 457.50 (4) (a) 8., if such a requirement is imposed by the professional counselor section under s. 457.16 in order to obtain a license under s. 457.12 (1m).

(4) (a) An individual who is exercising the privilege to practice in this state shall comply with s. 440.03 (13) (am).

(b) Subject to s. 457.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising the privilege to practice in this state in the same manner that they apply to holders of licenses issued under subch. I.

55,72 Section 72. 632.89 (1) (dm) of the statutes is amended to read:

632.89 (1) (dm) “Licensed mental health professional" means a clinical social worker who is licensed under subch. I of ch. 457, a marriage and family therapist who is licensed under s. 457.10, or a professional counselor who is licensed under s. 457.12 or who is exercising the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this state.

55,73 Section 73 . 632.89 (1) (e) 4. of the statutes is amended to read:

632.89 (1) (e) 4. A licensed mental health professional practicing within the scope of his or her license credential under subch. I of ch. 457 and applicable rules.

55,74 Section 74 . 800.035 (2m) of the statutes is amended to read:

800.035 (2m) A municipal court shall appoint a guardian ad litem or social worker certified or licensed under subch. I of ch. 457 for any defendant that the court has reason to believe lacks substantial mental capacity to understand the proceedings or assist in his or her defense. The person appointed under this paragraph shall assist the court in making a determination concerning the defendant's mental capacity. If the court determines that the defendant lacks the mental capacity to understand the proceedings or assist in his or her defense, the court shall suspend the proceedings. The cost of the guardian ad litem or social worker shall be paid by the municipality or municipalities that established the court. The governing body may by ordinance or bylaw authorize the appointment of a guardian ad litem by the municipal judge in any other matter within the jurisdiction of the municipal court.

55,75 Section 75 . 905.04 (1) (bm) of the statutes is amended to read:

905.04 (1) (bm) “Marriage and family therapist" means an individual who is licensed as a marriage and family therapist under subch. I of ch. 457 or an individual reasonably believed by the patient to be a marriage and family therapist.

55,76 Section 76. 905.04 (1) (dm) of the statutes is amended to read:

905.04 (1) (dm) “Professional counselor" means an individual who is licensed as a professional counselor under subch. I of ch. 457, an individual who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state, or an individual reasonably believed by the patient to be a professional counselor.

55,77 Section 77 . 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 subch. I of 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.

55,77m Section 77m. Effective dates. This act takes effect on the day after publication, except as follows:

(1) If either 2023 Senate Bill 391 or 2023 Assembly Bill 382 is enacted into law, then the treatment of ss. 46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1) (r) 6. and 7., 146.997 (1) (d) 11., 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 303.08 (1) (f), 450.10 (3) (a) 10., 457.035 (1), 457.24 (1), 632.89 (1) (dm), and 905.04 (1) (g) by this act is void.