Amendment ASA1-AB420

AB420-ASA1,11,5 2. That after receiving a master's or doctorate degree required under subd. 1., the person has engaged in the equivalent of at least 2 years of full-time supervised clinical marriage and family therapy practice approved by the examining board.

AB420-ASA1,11,7 3. That the person has passed an examination approved by the examining board to determine minimum competence to practice marriage and family therapy.

AB420-ASA1,11,10 (4) The examining board shall grant a license to practice psychotherapy as a clinical professional counselor to a person who satisfies the requirements under sub. (1) and who satisfies one of the following:

AB420-ASA1,11,11 (a) The person is certified as a professional counselor under ch. 457.

AB420-ASA1,11,13 (b) The person submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,11,15 1. That the person has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the examining board.

AB420-ASA1,11,16 2. That the person has done one of the following:

AB420-ASA1,11,19 a. After receiving a master's degree in professional counseling or its equivalent, the person has engaged in the equivalent of at least 2 years of full-time supervised clinical professional counseling practice approved by the examining board.

AB420-ASA1,11,23 b. After receiving a doctorate degree in professional counseling or its equivalent, the person has engaged in the equivalent of at least one year of full-time supervised clinical professional counseling practice approved by the examining board.

AB420-ASA1,11,25 3. That the person has passed an examination approved by the examining board to determine minimum competence to practice professional counseling.

AB420-ASA1,12,5 (5) The examining board shall grant a license to practice psychotherapy as a practitioner of a field of study approved by the examining board under rules promulgated under s. 475.08 (1) to a person who satisfies the requirements under sub. (1) and who submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,12,6 (a) That the person has a master's or doctorate degree in that field of study.

AB420-ASA1,12,8 (b) That the person satisfies the requirements under the rules promulgated under s. 475.08 (2).

AB420-ASA1,12,11 475.05 Examination. (1) The examining board shall conduct or arrange for examinations for licensure under this chapter at least semiannually and at times and places determined by the examining board.

AB420-ASA1,12,13 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in psychotherapy.

AB420-ASA1,12,15 475.06 Issuance of license; expiration and renewal. (1) The department shall issue a certificate of licensure to each person who is licensed under this chapter.

AB420-ASA1,12,19 (2) The renewal dates for licenses granted under this chapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a).

AB420-ASA1,12,25 475.07 Reciprocal license. Upon application and payment of the fee specified in s. 440.05 (2), the examining board shall grant a license under this chapter to a person who holds a similar license or certificate in another state or territory of the United States if the examining board determines that the requirements for receiving the license or certificate in the other state or territory are substantially equivalent to the requirements under s. 475.04.

AB420-ASA1,13,2 475.08 Rules. The examining board shall promulgate rules for each of the following:

AB420-ASA1,13,6 (1) Approving fields of study for purposes of granting licenses under s. 475.04 (5). The rules shall require the examining board to consider whether the field of study satisfies nationally recognized standards for preparing students for the practice of psychotherapy.

AB420-ASA1,13,9 (2) Establishing requirements for a person to satisfy for licensure to practice psychotherapy as practitioner of a field of study approved by the examining board under rules promulgated under sub. (1).

AB420-ASA1,13,11 (3) Establishing a code of ethics that governs the practice of psychotherapy by persons licensed under this chapter.

AB420-ASA1,13,16 475.09 Psychometric testing. A psychotherapist may not conduct psychometric testing unless he or she satisfies the requirements of the American Psychological Association for conducting the testing. The examining board shall promulgate rules for determining whether a psychotherapist satisfies the requirements.

AB420-ASA1,13,20 475.10 Disciplinary proceedings. (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB420-ASA1,13,24 (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a psychotherapist or deny, limit, suspend or revoke a license under this chapter if it finds that the applicant or psychotherapist has done any of the following:

AB420-ASA1,14,2 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB420-ASA1,14,4 (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 psychotherapy.

AB420-ASA1,14,5 (c) Advertised in a manner that is false, deceptive or misleading.

AB420-ASA1,14,6 (d) Advertised, practiced or attempted to practice under another's name.

AB420-ASA1,14,8 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced psychotherapy while his or her ability to practice was impaired by alcohol or other drugs.

AB420-ASA1,14,10 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in rules promulgated under s. 475.08 (3).

AB420-ASA1,14,13 (g) Engaged in conduct while practicing psychotherapy that jeopardizes the health, safety or welfare of a client or that evidences a lack of knowledge of, inability to apply or the negligent application of, principles or skills of psychotherapy.

AB420-ASA1,14,15 (h) Engaged in the wilful, unauthorized communication of information that is received in professional confidence.

AB420-ASA1,14,17 (i) Accepted a commission, rebate or other form of fee for referring persons to other professionals.

AB420-ASA1,14,18 (j) Violated this chapter or any rule promulgated under this chapter.

AB420-ASA1,14,21 (3) The examining board may restore a license that has been suspended or revoked on such terms and conditions as the examining board may deem appropriate.

AB420-ASA1,14,24 475.11 Penalties. Any person who violates this chapter or any rule promulgated under this chapter may be fined not more than $1,000 for each violation, imprisoned not more than 6 months, or both.

AB420-ASA1, s. 15 Section 15. 895.70 (1) (bm) of the statutes is created to read:

AB420-ASA1,15,2 895.70 (1) (bm) "Psychotherapist" means a person licensed to practice psychotherapy under ch. 475.

AB420-ASA1, s. 16 Section 16. 895.70 (1) (e) of the statutes is amended to read:

AB420-ASA1,15,7 895.70 (1) (e) "Therapist" means a physician, psychologist, psychotherapist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

AB420-ASA1, s. 17 Section 17. 905.04 (title) of the statutes is amended to read:

AB420-ASA1,15,12 905.04 (title) Physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, psychotherapist-patient, social worker-patient, marriage and family therapist-patient and professional counselor-patient privilege.

AB420-ASA1, s. 18 Section 18. 905.04 (1) (b) of the statutes is amended to read:

AB420-ASA1,15,21 905.04 (1) (b) A communication or information is "confidential" if not intended to be disclosed to 3rd persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication or information or persons who are participating in the diagnosis and treatment under the direction of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor, including the members of the patient's family.

AB420-ASA1, s. 19 Section 19. 905.04 (1) (c) of the statutes is amended to read:

AB420-ASA1,16,2 905.04 (1) (c) "Patient" means an individual, couple, family or group of individuals who consults with or is examined or interviewed by a physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor.

AB420-ASA1, s. 20 Section 20. 905.04 (1) (em) of the statutes is created to read:

AB420-ASA1,16,6 905.04 (1) (em) "Psychotherapist" means an individual licensed as a psychotherapist under ch. 475 or an individual reasonably believed by the patient to be a psychotherapist.

AB420-ASA1, s. 21 Section 21. 905.04 (2) of the statutes is amended to read:

AB420-ASA1,16,18 905.04 (2) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental or emotional condition, among the patient, the patient's physician, the patient's registered nurse, the patient's chiropractor, the patient's psychologist, the patient's psychotherapist, the patient's social worker, the patient's marriage and family therapist, the patient's professional counselor or persons, including members of the patient's family, who are participating in the diagnosis or treatment under the direction of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor.

AB420-ASA1, s. 22 Section 22. 905.04 (3) of the statutes is amended to read:

AB420-ASA1,16,25 905.04 (3) Who may claim the privilege. The privilege may be claimed by the patient, by the patient's guardian or conservator, or by the personal representative of a deceased patient. The person who was the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor may claim the privilege but only on behalf of the patient. The authority so to do is presumed in the absence of evidence to the contrary.

AB420-ASA1, s. 23 Section 23. 905.04 (4) (a) of the statutes is amended to read:

AB420-ASA1,17,11 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services or protective placement.

AB420-ASA1, s. 24 Section 24. 905.04 (4) (e) 2. of the statutes is amended to read:

AB420-ASA1,17,17 905.04 (4) (e) 2. There is no privilege in situations where the examination of an abused or neglected child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor that the abuse or neglect was other than accidentally caused or inflicted by another.

AB420-ASA1, s. 25 Section 25. 905.04 (4) (e) 3. of the statutes is amended to read:

AB420-ASA1,18,2 905.04 (4) (e) 3. There is no privilege in situations where the examination of the expectant mother of an abused unborn child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor that the physical injury inflicted on the unborn child was caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.

AB420-ASA1, s. 26 Section 26. 940.22 (1) (cm) of the statutes is created to read:

AB420-ASA1,18,5 940.22 (1) (cm) "Psychotherapist" means a person licensed to practice psychotherapy under ch. 475.

AB420-ASA1, s. 27 Section 27. 940.22 (1) (i) of the statutes is amended to read:

AB420-ASA1,18,10 940.22 (1) (i) "Therapist" means a physician, psychologist, psychotherapist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

AB420-ASA1, s. 28 Section 28 . Nonstatutory provisions.

AB420-ASA1,18,13 (1) Definitions. In this section, "examining board" means the psychotherapy examining board.

AB420-ASA1,18,17 (2) Initial appointments. Notwithstanding section 15.405 (18) (intro.) of the statutes, as created by this act, the initial members of the psychotherapy examining board shall be appointed by the first day of the 3rd month beginning after the effective date of this subsection for the following terms:

AB420-ASA1,18,19 (a) One independent clinical social worker member and one public member, for terms expiring on July 1, 2002.

AB420-ASA1,18,21 (b) One marriage and family therapist member, for a term expiring on July 1, 2003.

AB420-ASA1,18,23 (c) One professional counselor member and one public member, for terms expiring on July 1, 2004.

AB420-ASA1,19,6 (3) Waiver of licensure requirements. Notwithstanding section 475.04 of the statutes, as created by this act, the examining board shall grant a license to practice psychotherapy as a clinical social worker, clinical marriage and family therapist or clinical professional counselor to a person who, no later than the first day of the 6th month beginning after the effective date of this subsection, submits evidence satisfactory to the examining board that he or she holds a valid independent clinical social worker certificate, marriage and family therapist certificate or professional counselor certificate granted under chapter 457 of the statutes.

AB420-ASA1, s. 29 Section 29. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

AB420-ASA1,19,9 (1) Section (28) (2) of this act takes effect on the day after publication.

AB420-ASA1,19,10 (End)