AB420-ASA1,11,53 2. That after receiving a master's or doctorate degree required under subd. 1.,
4the person has engaged in the equivalent of at least 2 years of full-time supervised
5clinical marriage and family therapy practice approved by the examining board.
AB420-ASA1,11,76 3. That the person has passed an examination approved by the examining
7board to determine minimum competence to practice marriage and family therapy.
AB420-ASA1,11,10 8(4) The examining board shall grant a license to practice psychotherapy as a
9clinical professional counselor to a person who satisfies the requirements under sub.
10(1) and who satisfies one of the following:
AB420-ASA1,11,1111 (a) The person is certified as a professional counselor under ch. 457.
AB420-ASA1,11,1312 (b) The person submits evidence satisfactory to the examining board of all of
13the following:
AB420-ASA1,11,1514 1. That the person has received a master's or doctorate degree in professional
15counseling or its equivalent from a program approved by the examining board.
AB420-ASA1,11,1616 2. That the person has done one of the following:
AB420-ASA1,11,1917 a. After receiving a master's degree in professional counseling or its equivalent,
18the person has engaged in the equivalent of at least 2 years of full-time supervised
19clinical professional counseling practice approved by the examining board.
AB420-ASA1,11,2320 b. After receiving a doctorate degree in professional counseling or its
21equivalent, the person has engaged in the equivalent of at least one year of full-time
22supervised clinical professional counseling practice approved by the examining
23board.
AB420-ASA1,11,2524 3. That the person has passed an examination approved by the examining
25board to determine minimum competence to practice professional counseling.
AB420-ASA1,12,5
1(5) The examining board shall grant a license to practice psychotherapy as a
2practitioner of a field of study approved by the examining board under rules
3promulgated under s. 475.08 (1) to a person who satisfies the requirements under
4sub. (1) and who submits evidence satisfactory to the examining board of all of the
5following:
AB420-ASA1,12,66 (a) That the person has a master's or doctorate degree in that field of study.
AB420-ASA1,12,87 (b) That the person satisfies the requirements under the rules promulgated
8under s. 475.08 (2).
AB420-ASA1,12,11 9475.05 Examination. (1) The examining board shall conduct or arrange for
10examinations for licensure under this chapter at least semiannually and at times
11and places determined by the examining board.
AB420-ASA1,12,13 12(2) Examinations shall consist of written or oral tests, or both, requiring
13applicants to demonstrate minimum competency in psychotherapy.
AB420-ASA1,12,15 14475.06 Issuance of license; expiration and renewal. (1) The department
15shall issue a certificate of licensure to each person who is licensed under this chapter.
AB420-ASA1,12,19 16(2) The renewal dates for licenses granted under this chapter are specified
17under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
18on a form provided by the department and shall include the renewal fee specified in
19s. 440.08 (2) (a).
AB420-ASA1,12,25 20475.07 Reciprocal license. Upon application and payment of the fee
21specified in s. 440.05 (2), the examining board shall grant a license under this chapter
22to a person who holds a similar license or certificate in another state or territory of
23the United States if the examining board determines that the requirements for
24receiving the license or certificate in the other state or territory are substantially
25equivalent to the requirements under s. 475.04.
AB420-ASA1,13,2
1475.08 Rules. The examining board shall promulgate rules for each of the
2following:
AB420-ASA1,13,6 3(1) Approving fields of study for purposes of granting licenses under s. 475.04
4(5). The rules shall require the examining board to consider whether the field of
5study satisfies nationally recognized standards for preparing students for the
6practice of psychotherapy.
AB420-ASA1,13,9 7(2) Establishing requirements for a person to satisfy for licensure to practice
8psychotherapy as practitioner of a field of study approved by the examining board
9under rules promulgated under sub. (1).
AB420-ASA1,13,11 10(3) Establishing a code of ethics that governs the practice of psychotherapy by
11persons licensed under this chapter.
AB420-ASA1,13,16 12475.09 Psychometric testing. A psychotherapist may not conduct
13psychometric testing unless he or she satisfies the requirements of the American
14Psychological Association for conducting the testing. The examining board shall
15promulgate rules for determining whether a psychotherapist satisfies the
16requirements.
AB420-ASA1,13,20 17475.10 Disciplinary proceedings. (1) Subject to the rules promulgated
18under s. 440.03 (1), the examining board may make investigations and conduct
19hearings to determine whether a violation of this chapter or any rule promulgated
20under this chapter has occurred.
AB420-ASA1,13,24 21(2) Subject to the rules promulgated under s. 440.03 (1), the examining board
22may reprimand a psychotherapist or deny, limit, suspend or revoke a license under
23this chapter if it finds that the applicant or psychotherapist has done any of the
24following:
AB420-ASA1,14,2
1(a) Made a material misstatement in an application for a license or for renewal
2of a license.
AB420-ASA1,14,43 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the
4circumstances of which substantially relate to the practice of psychotherapy.
AB420-ASA1,14,55 (c) Advertised in a manner that is false, deceptive or misleading.
AB420-ASA1,14,66 (d) Advertised, practiced or attempted to practice under another's name.
AB420-ASA1,14,87 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced psychotherapy while
8his or her ability to practice was impaired by alcohol or other drugs.
AB420-ASA1,14,109 (f) Engaged in unprofessional or unethical conduct in violation of the code of
10ethics established in rules promulgated under s. 475.08 (3).
AB420-ASA1,14,1311 (g) Engaged in conduct while practicing psychotherapy that jeopardizes the
12health, safety or welfare of a client or that evidences a lack of knowledge of, inability
13to apply or the negligent application of, principles or skills of psychotherapy.
AB420-ASA1,14,1514 (h) Engaged in the wilful, unauthorized communication of information that is
15received in professional confidence.
AB420-ASA1,14,1716 (i) Accepted a commission, rebate or other form of fee for referring persons to
17other professionals.
AB420-ASA1,14,1818 (j) Violated this chapter or any rule promulgated under this chapter.
AB420-ASA1,14,21 19(3) The examining board may restore a license that has been suspended or
20revoked on such terms and conditions as the examining board may deem
21appropriate.
AB420-ASA1,14,24 22475.11 Penalties. Any person who violates this chapter or any rule
23promulgated under this chapter may be fined not more than $1,000 for each
24violation, imprisoned not more than 6 months, or both.
AB420-ASA1, s. 15 25Section 15. 895.70 (1) (bm) of the statutes is created to read:
AB420-ASA1,15,2
1895.70 (1) (bm) "Psychotherapist" means a person licensed to practice
2psychotherapy under ch. 475.
AB420-ASA1, s. 16 3Section 16. 895.70 (1) (e) of the statutes is amended to read:
AB420-ASA1,15,74 895.70 (1) (e) "Therapist" means a physician, psychologist, psychotherapist,
5social worker, marriage and family therapist, professional counselor, nurse,
6chemical dependency counselor, member of the clergy or other person, whether or not
7licensed or certified by the state, who performs or purports to perform psychotherapy.
AB420-ASA1, s. 17 8Section 17. 905.04 (title) of the statutes is amended to read:
AB420-ASA1,15,12 9905.04 (title) Physician-patient, registered nurse-patient,
10chiropractor-patient, psychologist-patient,
psychotherapist-patient,
11social worker-patient, marriage and family therapist-patient and
12professional counselor-patient privilege.
AB420-ASA1, s. 18 13Section 18. 905.04 (1) (b) of the statutes is amended to read:
AB420-ASA1,15,2114 905.04 (1) (b) A communication or information is "confidential" if not intended
15to be disclosed to 3rd persons other than those present to further the interest of the
16patient in the consultation, examination, or interview, or persons reasonably
17necessary for the transmission of the communication or information or persons who
18are participating in the diagnosis and treatment under the direction of the physician,
19registered nurse, chiropractor, psychologist, psychotherapist, social worker,
20marriage and family therapist or professional counselor, including the members of
21the patient's family.
AB420-ASA1, s. 19 22Section 19. 905.04 (1) (c) of the statutes is amended to read:
AB420-ASA1,16,223 905.04 (1) (c) "Patient" means an individual, couple, family or group of
24individuals who consults with or is examined or interviewed by a physician,

1registered nurse, chiropractor, psychologist, psychotherapist, social worker,
2marriage and family therapist or professional counselor.
AB420-ASA1, s. 20 3Section 20. 905.04 (1) (em) of the statutes is created to read:
AB420-ASA1,16,64 905.04 (1) (em) "Psychotherapist" means an individual licensed as a
5psychotherapist under ch. 475 or an individual reasonably believed by the patient
6to be a psychotherapist.
AB420-ASA1, s. 21 7Section 21. 905.04 (2) of the statutes is amended to read:
AB420-ASA1,16,188 905.04 (2) General rule of privilege. A patient has a privilege to refuse to
9disclose and to prevent any other person from disclosing confidential
10communications made or information obtained or disseminated for purposes of
11diagnosis or treatment of the patient's physical, mental or emotional condition,
12among the patient, the patient's physician, the patient's registered nurse, the
13patient's chiropractor, the patient's psychologist, the patient's psychotherapist, the
14patient's social worker, the patient's marriage and family therapist, the patient's
15professional counselor or persons, including members of the patient's family, who are
16participating in the diagnosis or treatment under the direction of the physician,
17registered nurse, chiropractor, psychologist, psychotherapist, social worker,
18marriage and family therapist or professional counselor.
AB420-ASA1, s. 22 19Section 22. 905.04 (3) of the statutes is amended to read:
AB420-ASA1,16,2520 905.04 (3) Who may claim the privilege. The privilege may be claimed by the
21patient, by the patient's guardian or conservator, or by the personal representative
22of a deceased patient. The person who was the physician, registered nurse,
23chiropractor, psychologist, psychotherapist, social worker, marriage and family
24therapist or professional counselor may claim the privilege but only on behalf of the
25patient. The authority so to do is presumed in the absence of evidence to the contrary.
AB420-ASA1, s. 23
1Section 23. 905.04 (4) (a) of the statutes is amended to read:
AB420-ASA1,17,112 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services
3or protective placement.
There is no privilege under this rule as to communications
4and information relevant to an issue in proceedings to hospitalize the patient for
5mental illness, to appoint a guardian under s. 880.33, for court-ordered protective
6services or protective placement or for review of guardianship, protective services or
7protective placement orders, if the physician, registered nurse, chiropractor,
8psychologist, psychotherapist, social worker, marriage and family therapist or
9professional counselor in the course of diagnosis or treatment has determined that
10the patient is in need of hospitalization, guardianship, protective services or
11protective placement.
AB420-ASA1, s. 24 12Section 24. 905.04 (4) (e) 2. of the statutes is amended to read:
AB420-ASA1,17,1713 905.04 (4) (e) 2. There is no privilege in situations where the examination of
14an abused or neglected child creates a reasonable ground for an opinion of the
15physician, registered nurse, chiropractor, psychologist, psychotherapist, social
16worker, marriage and family therapist or professional counselor that the abuse or
17neglect was other than accidentally caused or inflicted by another.
AB420-ASA1, s. 25 18Section 25. 905.04 (4) (e) 3. of the statutes is amended to read:
AB420-ASA1,18,219 905.04 (4) (e) 3. There is no privilege in situations where the examination of
20the expectant mother of an abused unborn child creates a reasonable ground for an
21opinion of the physician, registered nurse, chiropractor, psychologist,
22psychotherapist, social worker, marriage and family therapist or professional
23counselor that the physical injury inflicted on the unborn child was caused by the
24habitual lack of self-control of the expectant mother of the unborn child in the use

1of alcohol beverages, controlled substances or controlled substance analogs,
2exhibited to a severe degree.
AB420-ASA1, s. 26 3Section 26. 940.22 (1) (cm) of the statutes is created to read:
AB420-ASA1,18,54 940.22 (1) (cm) "Psychotherapist" means a person licensed to practice
5psychotherapy under ch. 475.
AB420-ASA1, s. 27 6Section 27. 940.22 (1) (i) of the statutes is amended to read:
AB420-ASA1,18,107 940.22 (1) (i) "Therapist" means a physician, psychologist, psychotherapist,
8social worker, marriage and family therapist, professional counselor, nurse,
9chemical dependency counselor, member of the clergy or other person, whether or not
10licensed or certified by the state, who performs or purports to perform psychotherapy.
AB420-ASA1, s. 28 11Section 28 . Nonstatutory provisions.
AB420-ASA1,18,1312 (1) Definitions. In this section, "examining board" means the psychotherapy
13examining board.
AB420-ASA1,18,1714 (2) Initial appointments. Notwithstanding section 15.405 (18) (intro.) of the
15statutes, as created by this act, the initial members of the psychotherapy examining
16board shall be appointed by the first day of the 3rd month beginning after the
17effective date of this subsection for the following terms:
AB420-ASA1,18,1918 (a) One independent clinical social worker member and one public member, for
19terms expiring on July 1, 2002.
AB420-ASA1,18,2120 (b) One marriage and family therapist member, for a term expiring on July 1,
212003.
AB420-ASA1,18,2322 (c) One professional counselor member and one public member, for terms
23expiring on July 1, 2004.
AB420-ASA1,19,624 (3) Waiver of licensure requirements. Notwithstanding section 475.04 of the
25statutes, as created by this act, the examining board shall grant a license to practice

1psychotherapy as a clinical social worker, clinical marriage and family therapist or
2clinical professional counselor to a person who, no later than the first day of the 6th
3month beginning after the effective date of this subsection, submits evidence
4satisfactory to the examining board that he or she holds a valid independent clinical
5social worker certificate, marriage and family therapist certificate or professional
6counselor certificate granted under chapter 457 of the statutes.
AB420-ASA1, s. 29 7Section 29. Effective dates. This act takes effect on the first day of the 6th
8month beginning after publication, except as follows:
AB420-ASA1,19,99 (1) Section (28) (2) of this act takes effect on the day after publication.
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