Amendment ASA1-AB420

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).

AB420-ASA1,5,24 (b) No person may use the title "clinical marriage and family therapist" unless the person is licensed under s. 475.04 (3).

AB420-ASA1,6,2 (c) No person may use the title "clinical professional counselor" unless the person is licensed under s. 475.04 (4).

AB420-ASA1,6,5 (d) No person may use the word "clinical" in a title used by a practitioner of a field of study approved under rules promulgated under s. 475.08 (1) unless the person is licensed under s. 475.04 (5).

AB420-ASA1,6,7 475.03 Applicability. A license under this chapter is not required for any of the following:

AB420-ASA1,6,9 (1) A person lawfully practicing psychotherapy within the scope of a license, permit, registration, certificate or certification granted by this state.

AB420-ASA1,6,13 (2) A person certified as an advanced practice social worker or independent social worker under ch. 457 practicing psychotherapy under supervision as specified in rules promulgated by the examining board of social workers, marriage and family therapists and professional counselors.

AB420-ASA1,6,15 (3) A person practicing psychotherapy as directed, supervised and inspected by a psychologist who has the power to direct, decide and oversee the practice.

AB420-ASA1,6,17 (4) The performance of official duties by personnel of any of the armed services or federal health services of the United States.

AB420-ASA1,6,25 (5) A person employed in a position as a psychologist or psychological assistant by an accredited college, junior college or university or other academic or research institution, if the person practices psychotherapy as part of the duties for which he or she is employed, is practicing psychotherapy solely within the confines of or under the jurisdictions of the institution in which he or she is employed and does not practice psychotherapy for the public for a fee over and above the salary that he or she receives for the performance of the official duties with the institution with which he or she is employed.

AB420-ASA1,7,7 (6) A person pursuing a course of study leading to a graduate degree in medicine, social work, marriage and family therapy, professional counseling or a field of study approved under rules promulgated under s. 475.08 (1) at an accredited college or university while working in a training program, if the person's practice of psychotherapy constitutes a part of his or her supervised course of study and the person is designated by a title that clearly indicates the training status appropriate to the person's level of training.

AB420-ASA1,7,13 (7) A graduate student or psychological intern in psychology pursuing a course of study leading to a graduate degree in psychology at an accredited college or university while working in a training program, if his or her practice of psychotherapy constitutes a part of the supervised course of study and he or she is designated by a title such as "psychological intern", "psychological trainee" or other title clearly indicating the training status appropriate to his or her level of training.

AB420-ASA1,7,20 (8) A person certified by the department of public instruction to provide psychological or counseling services, if the person practices psychotherapy as part of the duties for which he or she is employed, is practicing psychotherapy solely within the confines of or under the jurisdiction of the school district by which he or she is employed and does not practice psychotherapy for the public for a fee over and above the salary that he or she receives for the performance of the official duties with the school district by which he or she is employed.

AB420-ASA1,7,24 (9) A person who has a doctoral degree in psychology and who has met the requirements for predoctoral supervised experience specified in rules promulgated by the psychology examining board while employed as a psychology resident by a clinic certified by the department of health and family services.

AB420-ASA1,8,9 (10) An ordained member of the clergy of any religious denomination or sect who is associated with a church, synagogue or other religious organization, contributions to which are tax deductible for federal and state income tax purposes, if the member of the clergy practices psychotherapy within the scope of his or her regular duties as a member of the clergy and the member of the clergy does not practice psychotherapy for the public for a fee over and above the salary or other compensation that the member of the clergy receives for the performance of his or her official duties as a member of the clergy with the church, synagogue or religious organization with which he or she is associated.

AB420-ASA1,8,11 (11) A person engaged in employment counseling or testing for other than therapeutic purposes.

AB420-ASA1,8,18 (12) A mental health professional who has met all of the qualifications for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health and family services under rules promulgated by the department, if the person practices psychotherapy as part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and the practice is solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.

AB420-ASA1,8,25 (13) A person practicing psychotherapy as an employe of a federal, state or local governmental agency, if the person is practicing psychotherapy as a part of the duties for which he or she is employed, is practicing psychotherapy solely within the confines of or under the jurisdiction of the agency by which he or she is employed and does not practice psychotherapy for the public for a fee over and above the salary that he or she receives for the performance of the official duties with the agency by which he or she is employed.

AB420-ASA1,9,3 (14) A person coordinating or participating in the activities of a nonprofit peer support group, if the person practices psychotherapy solely within the confines of the peer support group and does practice psychotherapy for the public for a fee.

AB420-ASA1,9,5 475.04 Licensure. (1) The examining board may not grant a license to practice psychotherapy to a person unless the person does all of the following:

AB420-ASA1,9,7 (a) Submits an application for the license to the department on a form provided by the department.

AB420-ASA1,9,8 (b) Pays the fee specified in s. 440.05 (1).

AB420-ASA1,9,11 (c) Submits evidence satisfactory to the examining board that he or she has completed 3,000 hours of psychotherapy practice within a 2-year period under the supervision of a person who satisfies any of the following:

AB420-ASA1,9,12 1. The person is licensed under this chapter and satisfies one of the following:

AB420-ASA1,9,14 a. The person has a master's degree in the same field of study as the applicant and the person has at least 5 years of clinical experience in that field of study.

AB420-ASA1,9,15 b. The person has a doctorate degree in the same field of study as the applicant.

AB420-ASA1,9,17 2. The person is a physician licensed under subch. II of ch. 448 who specializes in psychiatry or is a psychologist.

AB420-ASA1,9,18 (d) Passes an examination under s. 475.05.

AB420-ASA1,9,21 (2) The examining board shall grant a license to practice psychotherapy as a clinical social worker to a person who satisfies the requirements under sub. (1) and who satisfies one of the following:

AB420-ASA1,9,23 (a) The person is certified as an independent clinical social worker under ch. 457.

AB420-ASA1,9,25 (b) The person submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,10,5 1. That the person has received a master's degree in social work from a program accredited by, or a preaccreditation program of, the Council on Social Work Education or a doctorate degree in social work and, as part of the master's or doctorate degree program, had a clinical social work concentration and completed supervised clinical field training.

AB420-ASA1,10,8 2. That after receiving a master's or doctorate degree in social work the person has engaged in the equivalent of at least 2 years of full-time supervised clinical social work practice approved by the examining board.

AB420-ASA1,10,12 3. That the person has passed an examination approved by the examining board to determine minimum competence to practice as an independent clinical social worker as specified in the rules promulgated under s. 457.03 (2) or has passed an advanced clinical social work examination approved by the examining board.

AB420-ASA1,10,15 (3) The examining board shall grant a license to practice psychotherapy as a clinical marriage and family therapist to a person who satisfies the requirements under sub. (1) and who satisfies one of the following:

AB420-ASA1,10,16 (a) The person is certified as a marriage and family therapist under ch. 457.

AB420-ASA1,10,18 (b) The person submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,10,19 1. That the person has received one of the following:

AB420-ASA1,10,22 a. A master's or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

AB420-ASA1,11,2 b. A master's or doctorate degree in marriage and family therapy, psychology, sociology, social work, professional counseling or other mental health field that included course work that the examining board determines is substantially equivalent to the course work required for a master's or doctorate degree in marriage and family therapy described under subd. 1. a.