Amendment ASA1-AB420

LRBs0246/4

MDK:wlj:km

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 420

February 29, 2000 - Offered by Representative Urban.

AB420-ASA1,1,9 An Act to amend 15.08 (1m) (b), 48.981 (2), 252.14 (1) (ar) 9., 252.14 (1) (ar) 10., 252.14 (1) (ar) 11., 895.70 (1) (e), 905.04 (title), 905.04 (1) (b), 905.04 (1) (c), 905.04 (2), 905.04 (3), 905.04 (4) (a), 905.04 (4) (e) 2., 905.04 (4) (e) 3. and 940.22 (1) (i); and to create 15.405 (18), 146.81 (1) (hs), 180.1901 (1m) (h), 252.14 (1) (ar) 8m., 440.08 (2) (a) 64h., 440.08 (2) (a) 64p., 440.08 (2) (a) 64s., 440.08 (2) (a) 64t., chapter 475, 895.70 (1) (bm), 905.04 (1) (em) and 940.22 (1) (cm) of the statutes; relating to: regulating the practice of psychotherapy, creating a psychotherapy examining board, granting rule-making authority and providing a penalty.

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

AB420-ASA1, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB420-ASA1,2,8 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, occupational therapy examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the examining board of social workers, marriage and family therapists and professional counselors and, the psychology examining board and the psychotherapy examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB420-ASA1, s. 2 Section 2. 15.405 (18) of the statutes is created to read:

AB420-ASA1,2,12 15.405 (18) Psychotherapy examining board. There is created in the department of regulation and licensing a psychotherapy examining board consisting of the following members appointed for 4-year terms:

AB420-ASA1,2,14 (a) One member who is certified as an independent clinical social worker under under ch. 457.

AB420-ASA1,2,16 (b) One member who is certified as a marriage and family therapist under ch. 457.

AB420-ASA1,2,17 (c) One member who is certified as a professional counselor under ch. 457.

AB420-ASA1,2,18 (d) Two public members.

AB420-ASA1, s. 3 Section 3. 48.981 (2) of the statutes is amended to read:

AB420-ASA1,3,16 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, psychotherapist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

AB420-ASA1, s. 4 Section 4. 146.81 (1) (hs) of the statutes is created to read:

AB420-ASA1,3,18 146.81 (1) (hs) A psychotherapist licensed under ch. 475.

AB420-ASA1, s. 5 Section 5. 180.1901 (1m) (h) of the statutes is created to read:

AB420-ASA1,3,20 180.1901 (1m) (h) The psychotherapy examining board under ch. 475.

AB420-ASA1, s. 6 Section 6. 252.14 (1) (ar) 8m. of the statutes is created to read:

AB420-ASA1,3,22 252.14 (1) (ar) 8m. A psychotherapist licensed under ch. 475.

AB420-ASA1, s. 7 Section 7. 252.14 (1) (ar) 9. of the statutes is amended to read:

AB420-ASA1,3,25 252.14 (1) (ar) 9. An employe or agent of any provider specified under subds. 1. to 8 8m.

AB420-ASA1, s. 8 Section 8. 252.14 (1) (ar) 10. of the statutes is amended to read:

AB420-ASA1,4,3 252.14 (1) (ar) 10. A partnership of any provider specified under subds. 1. to 8 8m.

AB420-ASA1, s. 9 Section 9. 252.14 (1) (ar) 11. of the statutes is amended to read:

AB420-ASA1,4,6 252.14 (1) (ar) 11. A corporation of any provider specified under subds. 1. to 8. 8m. that provides health care services.

AB420-ASA1, s. 10 Section 10. 440.08 (2) (a) 64h. of the statutes is created to read:

AB420-ASA1,4,9 440.08 (2) (a) 64h. Psychotherapist, clinical marriage and family therapist: July 1 of each odd-numbered year, $47.

AB420-ASA1, s. 11 Section 11. 440.08 (2) (a) 64p. of the statutes is created to read:

AB420-ASA1,4,12 440.08 (2) (a) 64p. Psychotherapist, clinical practitioner of other field of study: July 1 of each odd-numbered year, $47.

AB420-ASA1, s. 12 Section 12. 440.08 (2) (a) 64s. of the statutes is created to read:

AB420-ASA1,4,15 440.08 (2) (a) 64s. Psychotherapist, clinical social worker: July 1 of each odd-numbered year, $47.

AB420-ASA1, s. 13 Section 13. 440.08 (2) (a) 64t. of the statutes is created to read:

AB420-ASA1,4,18 440.08 (2) (a) 64t. Psychotherapist, clinical professional counselor: July 1 of each odd-numbered year, $47.

AB420-ASA1, s. 14 Section 14. Chapter 475 of the statutes is created to read:

AB420-ASA1,4,21 Chapter 475 Psychotherapy examining board

AB420-ASA1,4,22 475.01 Definitions. In this chapter:

AB420-ASA1,4,23 (1) "Examining board" means the psychotherapy examining board.

AB420-ASA1,5,3 (2) "Field of study" means social work, marriage and family therapy, professional counseling or a field of study approved by the examining board in rules promulgated under s. 475.08 (1).

AB420-ASA1,5,4 (3) "Marriage and family therapy" has the meaning given under s. 457.01 (5).

AB420-ASA1,5,5 (4) "Professional counseling" has the meaning given in s. 457.01 (6).

AB420-ASA1,5,8 (5) "Psychological intern" means a person enrolled in a doctoral program in psychology at an accredited college or university or engaged in a formal psychology internship program.

AB420-ASA1,5,9 (6) "Psychologist" means a person licensed as psychologist under ch. 455.

AB420-ASA1,5,11 (7) "Psychotherapist" means a person licensed to practice psychotherapy under this chapter.

AB420-ASA1,5,12 (8) "Psychotherapy" has the meaning given in s. 455.01 (6).

AB420-ASA1,5,13 (9) "Social work" has the meaning given in s. 457.01 (9).

AB420-ASA1,5,19 475.02 License required. (1) Except as provided in s. 475.03, no person may practice psychotherapy, independently and without supervision, for compensation or in the expectation of compensation, designate himself or herself as a psychotherapist, use the title "psychotherapist" or use any other title or designation that represents or may tend to represent the person as a psychotherapist unless the person is licensed under this chapter.

AB420-ASA1,5,22 (2) (a) Except for a person certified as an independent clinical social worker under ch. 457, no person may use the title "clinical social worker" unless the person is licensed under s. 475.04 (2).