Amendment ASA1-AB206

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 206

October 2, 2001 - Offered by Representative Urban.

AB206-ASA1,2,10 An Act to repeal 457.30; to renumber 457.01 (1); to renumber and amend 15.405 (7c) (a), 457.08 (4) (c), 457.10 (3), 457.12 (3) (a), 457.12 (3) (b), 457.14 and 457.22; to amend 15.08 (1m) (b), 15.405 (7c) (c), 146.81 (1) (hg), 180.1901 (1m) (f), 252.14 (1) (ar) 7., 440.03 (14) (b), 440.03 (14) (c), 440.03 (14) (d), 440.03 (14) (e), 440.03 (14) (f), 450.10 (3) (a) 10., 457.01 (2), 457.01 (3), 457.01 (7), 457.01 (9), 457.01 (10), 457.02 (1) to (5), 457.03 (1), (2) and (3), 457.04 (2), (3) and (4), 457.04 (5), 457.04 (6), 457.06 (intro.) and (1), 457.08 (title), 457.08 (4) (intro.), 457.08 (4) (d), 457.09 (2) (a), 457.09 (5) (a), 457.10 (intro.), 457.12 (intro.), 457.13 (2), 457.15 (title), 457.15 (1) (intro.), 457.15 (1) (a), 457.15 (1) (b), 457.15 (1) (c), 457.15 (1) (d), 457.15 (2), 457.15 (3), 457.16 (1), 457.16 (2), 457.16 (3), 457.20 (1) and (2), 457.20 (3) (c), 457.20 (4), 457.25, 457.26 (2) (intro.), (a) and (b), 457.26 (2) (e), 457.26 (2) (g), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); to repeal and recreate 15.405 (7c) (title), chapter 457 (title) and 457.01 (8m); and to create 15.405 (7c) (am) (intro.), 15.405 (7c) (am) 3., 440.01 (2) (cv), 440.03 (14) (am), 440.08 (2) (a) 67x., 457.01 (1c), 457.01 (1n), 457.01 (1r), 457.01 (1w), 457.01 (2g), 457.01 (2r), 457.01 (8e), 457.02 (5m), 457.02 (6), 457.033, 457.035, 457.04 (7), 457.08 (4) (c) 1., 2., 3. and 4., 457.10 (3) (a), (b), (c) and (d), 457.11, 457.12 (3) (a) 1., 2., 3. and 4., 457.12 (3) (b) 1., 2., 3. and 4., 457.14 (1) (b), (c), (d), (e) and (f), 457.22 (1) (b) and (c) and 457.24 of the statutes; relating to: regulation of social workers, advanced practice social workers, independent social workers, clinical social workers, marriage and family therapists, professional counselors, and art, music, and dance therapists, granting rule-making authority, and providing a penalty.

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

AB206-ASA1, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB206-ASA1,2,21 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, 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 marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors, and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB206-ASA1, s. 2 Section 2. 15.405 (7c) (title) of the statutes is repealed and recreated to read:

AB206-ASA1,3,2 15.405 (7c) (title) Marriage and family therapy, professional counseling, and social work examining board.

AB206-ASA1, s. 3 Section 3. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.) and amended to read:

AB206-ASA1,3,9 15.405 (7c) (a) (intro.) There is created an a marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors in the department of regulation and licensing. The consisting of the following members of the examining board shall be appointed for 4-year terms. Four:

AB206-ASA1,3,11 1. Four social worker members shall be who are certified or licensed under ch. 457 as social workers. Three members shall be certified under ch. 457 as.

AB206-ASA1,3,13 2. Three marriage and family therapists. Three therapist members shall be certified under ch. 457 as who are licensed under ch. 457.

AB206-ASA1,3,15 3. Three professional counselors. Three members shall be counselor members who are licensed under ch. 457.

AB206-ASA1,3,18 4. Three public members. Of the 4 certified social worker members, one shall be who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under ch. 457.

AB206-ASA1,3,20 (am) 1. One member who is certified under ch. 457 as an advanced practice social worker, one shall be.

AB206-ASA1,3,22 2. One member who is certified under ch. 457 as an independent social worker, one shall be certified under ch. 457 as an independent clinical social worker and at.

AB206-ASA1,3,24 4. At least one shall be member who is employed as a social worker by a federal, state or local governmental agency.

AB206-ASA1, s. 4 Section 4. 15.405 (7c) (am) (intro.) of the statutes is created to read:

AB206-ASA1,4,2 15.405 (7c) (am) (intro.) The 4 members appointed under par. (a) 1. shall consist of the following:

AB206-ASA1, s. 5 Section 5. 15.405 (7c) (am) 3. of the statutes is created to read:

AB206-ASA1,4,5 15.405 (7c) (am) 3. One member who is licensed under ch. 457 as a clinical social worker.

AB206-ASA1, s. 6 Section 6. 15.405 (7c) (c) of the statutes is amended to read:

AB206-ASA1,4,11 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under ch. 457, and all other matters of interest to either the social worker, marriage and family therapist , or professional counselor section shall be acted upon solely by the interested section of the examining board.

AB206-ASA1, s. 7 Section 7. 146.81 (1) (hg) of the statutes is amended to read:

AB206-ASA1,4,14 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB206-ASA1, s. 8 Section 8. 180.1901 (1m) (f) of the statutes is amended to read:

AB206-ASA1,4,18 180.1901 (1m) (f) Examining Marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors under ch. 457.

AB206-ASA1, s. 9 Section 9. 252.14 (1) (ar) 7. of the statutes is amended to read:

AB206-ASA1,4,21 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB206-ASA1, s. 10 Section 10. 440.01 (2) (cv) of the statutes is created to read:

AB206-ASA1,4,23 440.01 (2) (cv) "Psychotherapy" has the meaning given in s. 457.01 (8m).

AB206-ASA1, s. 11 Section 11. 440.03 (14) (am) of the statutes is created to read:

AB206-ASA1,5,10 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the fee specified in s. 440.05 (1) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

AB206-ASA1, s. 12 Section 12. 440.03 (14) (b) of the statutes is amended to read:

AB206-ASA1,5,19 440.03 (14) (b) A person who is registered under par. (a) shall notify the department in writing within 30 days if an organization specified in par. (a) 1. a., 2. a. or 3. a. revokes the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. The department shall revoke a certificate of registration granted under par. (a) if such an organization revokes such a certification, registration, or accreditation. If the department revokes the certificate of registration of a person who also holds a license granted under the rules promulgated under par. (am), the department shall also revoke the license.

AB206-ASA1, s. 13 Section 13. 440.03 (14) (c) of the statutes is amended to read:

AB206-ASA1,6,2 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in 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) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a. or 3. a. has not been revoked.

AB206-ASA1, s. 14 Section 14. 440.03 (14) (d) of the statutes is amended to read:

AB206-ASA1,6,8 440.03 (14) (d) The department shall promulgate rules that specify the services within the scope of practice of music, art, or dance therapy that a person who is registered under par. (a) is qualified to perform. The rules may not allow a person registered under par. (a) to perform psychotherapy unless the person is granted a license under the rules promulgated under par. (am).

AB206-ASA1, s. 15 Section 15. 440.03 (14) (e) of the statutes is amended to read:

AB206-ASA1,6,18 440.03 (14) (e) Subject to the rules promulgated under sub. (1), the department may make investigations and conduct hearings to determine whether a violation of this subsection or any rule promulgated under par. (d) has occurred and may reprimand a person who is registered under par. (a) or holds a license granted under the rules promulgated under par. (am) or may deny, limit, suspend , or revoke a certificate of registration granted under par. (a) or a license granted under the rules promulgated under par. (am) if it the department finds that the applicant or certificate or license holder has violated this subsection or any rule promulgated under par. (d).

AB206-ASA1, s. 16 Section 16. 440.03 (14) (f) of the statutes is amended to read:

AB206-ASA1,6,23 440.03 (14) (f) A person who is registered under par. (a) or holds a license granted under the rules promulgated under par. (am) who violates this subsection or any rule promulgated under par. (d) may be fined not more than $200 or imprisoned for not more than 6 months or both.

AB206-ASA1, s. 17 Section 17. 440.08 (2) (a) 67x. of the statutes is created to read:

AB206-ASA1,7,2 440.08 (2) (a) 67x. Registered music, art, or dance therapist with psychotherapy license: October 1 of each odd-numbered year; $56.

AB206-ASA1, s. 18 Section 18. 450.10 (3) (a) 10. of the statutes is amended to read:

AB206-ASA1,7,5 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

AB206-ASA1, s. 19 Section 19. Chapter 457 (title) of the statutes is repealed and recreated to read:

AB206-ASA1,7,8 Chapter 457

AB206-ASA1,7,11 marriage and family therapy, professional counseling, and social work examining board

AB206-ASA1, s. 20 Section 20. 457.01 (1) of the statutes is renumbered 457.01 (1g).

AB206-ASA1, s. 21 Section 21. 457.01 (1c) of the statutes is created to read:

AB206-ASA1,7,15 457.01 (1c) "Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the social worker section.

AB206-ASA1, s. 22 Section 22. 457.01 (1n) of the statutes is created to read:

AB206-ASA1,7,23 457.01 (1n) "Clinical social work" means providing services without supervision for the diagnosis, treatment, and prevention of mental and emotional disorders in individuals, families, and groups, to restore, maintain, and enhance social functioning through treatment interventions that include psychosocial evaluation, counseling of individuals, families, or groups, referral to community resources, advocacy, facilitation of organizational change to meet social needs, and individual, marital, or group psychotherapy.

AB206-ASA1, s. 23 Section 23. 457.01 (1r) of the statutes is created to read:

AB206-ASA1,8,2 457.01 (1r) "Clinical social worker" means an individual who holds a license to practice clinical social work granted by the social worker section.

AB206-ASA1, s. 24 Section 24. 457.01 (1w) of the statutes is created to read:

AB206-ASA1,8,5 457.01 (1w) "Credential" means a license or certificate granted under this chapter.

AB206-ASA1, s. 25 Section 25. 457.01 (2) of the statutes is amended to read:

AB206-ASA1,8,9 457.01 (2) "Examining board" means the marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors.

AB206-ASA1, s. 26 Section 26. 457.01 (2g) of the statutes is created to read:

AB206-ASA1,8,12 457.01 (2g) "Independent social worker" means an individual who holds an independent social worker certificate granted by the social worker section.

AB206-ASA1, s. 27 Section 27. 457.01 (2r) of the statutes is created to read:

AB206-ASA1,8,14 457.01 (2r) "Licensee" means a person who is licensed under this chapter.

AB206-ASA1, s. 28 Section 28. 457.01 (3) of the statutes is amended to read:

AB206-ASA1,8,18 457.01 (3) "Marriage and family therapist" means an individual who practices holds a license to practice marriage and family therapy granted by the marriage and family therapist section.

AB206-ASA1, s. 29 Section 29. 457.01 (7) of the statutes is amended to read:

AB206-ASA1,8,22 457.01 (7) "Professional counselor" means an individual who practices holds a license to practice professional counseling granted by the professional counselor section.

AB206-ASA1, s. 30 Section 30. 457.01 (8e) of the statutes is created to read:

AB206-ASA1,8,25 457.01 (8e) "Psychiatrist" means a physician licensed under subch. II of ch. 448 who specializes in psychiatry.

AB206-ASA1, s. 31 Section 31. 457.01 (8m) of the statutes is repealed and recreated to read:

AB206-ASA1,9,7 457.01 (8m) "Psychotherapy" means the diagnosis and treatment of mental, emotional, or behavioral disorders, conditions, or addictions through the application of methods derived from established psychological or systemic principles for the purpose of assisting people in modifying their behaviors, cognitions, emotions, and other personal characteristics, which may include the purpose of understanding unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.

AB206-ASA1, s. 32 Section 32. 457.01 (9) of the statutes is amended to read:

AB206-ASA1,9,18 457.01 (9) "Social work" means applying psychosocial , psychotherapeutic or counseling principles, methods, or procedures in the assessment, evaluation, or psychosocial or psychotherapeutic diagnosis, prevention, treatment, or resolution of a difficulty in the social, psychological, personal, emotional, or mental disorder functioning of an individual, couple, family, group of individuals, or community, including the enhancement or restoration of, or the creation of societal conditions favorable to the enhancement or restoration of, the capacity of an individual, couple, family, group of individuals, or community for social functioning or the delivery of services to a group of individuals or a community to assist the group or community in providing or improving the provision of social or health services to others.

AB206-ASA1, s. 33 Section 33. 457.01 (10) of the statutes is amended to read:

AB206-ASA1,9,21 457.01 (10) "Social worker" means an individual who practices holds a social work worker certificate granted by the social worker section.

AB206-ASA1, s. 34 Section 34. 457.02 (1) to (5) of the statutes are amended to read:

AB206-ASA1,9,25 457.02 (1) Require any individual to be certified or licensed under this chapter in order to use the title "pastoral counselor",," "investment counselor",," "vocational counselor",," "career counselor",," "alcohol and drug counselor" or," "chemical dependency counselor"," or "employee assistance counselor," or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

AB206-ASA1,10,10 (2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified as a social worker or professional counselor or licensed under this chapter in order to use the title "school social worker" or "school counselor". ."

AB206-ASA1,10,18 (3) Require a person who is licensed as a psychologist under ch. 455 or who is a psychiatrist, as defined in s. 146.34 (1) (h), to be certified as a marriage and family therapist or professional counselor licensed under this chapter in order to use the title "marriage and family therapist",," "marriage and family counselor," or "professional counselor" if the psychologist or psychiatrist does not use the term "licensed",," "certified," or "registered" or any similar term in connection with the title "marriage and family therapist",," "marriage and family counselor," or "professional counselor".."

AB206-ASA1,10,22 (4) Authorize any individual who is certified as a social worker or professional counselor or licensed under this chapter to use the title "school social worker" or "school counselor" unless the individual is licensed as a school social worker or school counselor by the department of public instruction.