Amendment SSA1-SB96

SB96-SSA1, s. 80 Section 80. 457.24 of the statutes is created to read:

SB96-SSA1,27,14 457.24 Professional liability insurance. (1) Except as provided in sub. (2), a person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this chapter may not practice clinical social work, marriage and family therapy, or professional counseling unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this subsection.

SB96-SSA1,27,19 (2) Subsection (1) does not apply to a person practicing clinical social work, marriage and family therapy, or professional counseling as an employee of a federal, state, or local governmental agency, if the practice is part of the duties for which he or she is employed and is solely within the confines of or under the jurisdiction of the agency by which he or she is employed.

SB96-SSA1, s. 81 Section 81. 457.25 of the statutes is amended to read:

SB96-SSA1,28,7 457.25 Reporting requirements. (1) Any public or private mental health or health care agency, institution or facility, or any other person or entity that employs or contracts for services with a certificate credential holder, that terminates, suspends, or restricts the employment or contract of the certificate credential holder as a result of adverse or disciplinary action against the certificate credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the certificate credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the certificate credential holder terminates his or her employment.

SB96-SSA1,28,18 (2) Any state or local professional society or organization of social workers, marriage and family therapists, or professional counselors that terminates, revokes, or suspends the membership of a certificate credential holder, or takes any other adverse or disciplinary action against a certificate credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the certificate credential holder terminates his or her membership before the action is taken, within 30 days after the date on which the certificate credential holder terminates his or her membership.

SB96-SSA1,29,2 (3) Any insurer, as defined in s. 600.03 (27), who provides professional liability insurance coverage for a certificate credential holder and who pays a claim for damages arising out of the rendering of services by the certificate credential holder or obtains any information that tends to substantiate a charge that the certificate credential holder has engaged in conduct that constitutes grounds for discipline under s. 457.26 shall submit a written report of the payment or information to the appropriate section of the examining board within 30 days after the date on which the payment is made or information is obtained.

SB96-SSA1,29,9 (4) Any circuit court that appoints a guardian of the person or estate of a certificate credential holder or makes a judgment or other determination that a certificate credential holder is mentally ill or mentally incompetent or that a certificate credential holder has done any of the acts enumerated in s. 457.26 (2) shall submit a written report of the appointment, judgment, or determination to the appropriate section of the examining board within 30 days after the date on which the appointment, judgment, or determination is made.

SB96-SSA1,29,18 (5) (a) Within 30 days after receipt of a report under sub. (1), (2), (3), or (4), the appropriate section of the examining board shall notify the certificate credential holder, in writing, of the substance of the report. The certificate credential holder and the certificate holder's his or her authorized representative may examine the report and may place into the record a statement, of reasonable length, of the certificate credential holder's view of the correctness or relevance of any information in the report. The certificate credential holder may institute an action in circuit court to amend or expunge any part of the certificate holder's his or her record related to the report.

SB96-SSA1,30,2 (b) If the appropriate section of the examining board determines that a report submitted under sub. (1), (2), (3), or (4) is without merit or that the certificate credential holder has sufficiently improved his or her conduct, that section of the examining board shall remove the report from the certificate holder's his or her record. If no report about a certificate credential holder is filed under sub. (1), (2), (3), or (4) for 2 consecutive years, the certificate credential holder may petition the appropriate section of the examining board to remove any prior reports, which did not result in disciplinary action, from his or her record.

SB96-SSA1, s. 82 Section 82. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:

SB96-SSA1,30,8 457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a certificate credential holder or deny, limit, suspend, or revoke a certificate credential under this chapter if it finds that the applicant or certificate credential holder has done any of the following:

SB96-SSA1,30,10 (a) Made a material misstatement in an application for a certificate credential or for renewal of a certificate credential.

SB96-SSA1,30,14 (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 social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

SB96-SSA1, s. 83 Section 83. 457.26 (2) (e) of the statutes is amended to read:

SB96-SSA1,30,19 457.26 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling while his or her ability to practice was impaired by alcohol or other drugs.

SB96-SSA1, s. 84 Section 84. 457.26 (2) (g) of the statutes is amended to read:

SB96-SSA1,31,2 457.26 (2) (g) Performed social work, advanced practice social work, or independent social work services in violation of the rules promulgated under s. 457.03 (2) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.

SB96-SSA1, s. 85 Section 85. 457.30 of the statutes is repealed.

SB96-SSA1, s. 86 Section 86. 905.04 (1) (bm) of the statutes is amended to read:

SB96-SSA1,31,7 905.04 (1) (bm) "Marriage and family therapist" means an individual who is certified licensed as a marriage and family therapist under ch. 457 or an individual reasonably believed by the patient to be a marriage and family therapist.

SB96-SSA1, s. 87 Section 87. 905.04 (1) (dm) of the statutes is amended to read:

SB96-SSA1,31,11 905.04 (1) (dm) "Professional counselor" means an individual who is certified licensed as a professional counselor under ch. 457 or an individual reasonably believed by the patient to be a professional counselor.

SB96-SSA1, s. 88 Section 88. 905.04 (1) (g) of the statutes is amended to read:

SB96-SSA1,31,17 905.04 (1) (g) "Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under ch. 457 or an individual reasonably believed by the patient to be a social worker, advanced practice social worker, independent social worker, or clinical social worker.

SB96-SSA1, s. 89 Section 89. Nonstatutory provisions.

SB96-SSA1,31,19 (1) Definitions. In this Section:

SB96-SSA1,31,20 (a) "Department" means the department of regulation and licensing.

SB96-SSA1,31,22 (b) "Examining board" means the marriage and family therapy, professional counseling, and social work examining board.

SB96-SSA1,32,2 (2) Examining board membership. Notwithstanding section 15.405 (7c) (a) and (am) of the statutes, as affected by this act, a member of the examining board who was appointed on or before the effective date of this subsection may continue to serve as a member of the examining board until the end of his or her appointed term, except for a member whose appointed term expires on or before January 1, 2002.

SB96-SSA1,32,3 (3) Transitional provisions.

SB96-SSA1,32,8 (a) Duties of examining board sections. Notwithstanding sections 457.08 (4) (intro.), (c) (intro.), 1., 2., 3., and 4., and (d), 457.10 (intro.) and (3) (intro.), (a), (b), (c), and (d), 457.12 (intro.) and (3) (a) (intro.), 1., 2., 3., and 4. and (b) (intro.), 1., 2., 3., and 4., 457.14 (1), and 457.15 (1) (intro.), (a), (b), (c), and (d), (2), and (3) of the statutes, as affected by this act, on the effective date of this paragraph:

SB96-SSA1,32,13 1. The social worker section of the examining board shall grant a clinical social worker license under section 457.08 (4) of the statutes, as affected by this act, to any person who holds a valid independent clinical social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.

SB96-SSA1,32,18 2. The marriage and family therapist section of the examining board shall grant a marriage and family therapist license under section 457.10 of the statutes, as affected by this act, to any person who holds a valid marriage and family therapist certificate that was granted by the marriage and family therapy section of the examining board before the effective date of this subdivision.

SB96-SSA1,32,23 3. The professional counselor section of the examining board shall grant a professional counselor license under section 457.12 of the statutes, as affected by this act, to any person who holds a valid professional counselor certificate that was granted by the professional counselor section of the examining board before the effective date of this subdivision.

SB96-SSA1,33,8 4. The appropriate section of the examining board shall grant a temporary social worker, marriage and family therapist, or professional counselor license under section 457.14 (1) of the statutes, as affected by this act, to any person who holds a valid temporary social worker, marriage and family therapist, or professional counselor certificate that was granted by that section of the examining board before the effective date of this subdivision. A temporary license granted pursuant to this subdivision is valid only for the period of time designated by the section of the examining board for the temporary certificate granted to the person. If the temporary certificate was renewed once by the section, the temporary license may not be renewed.

SB96-SSA1,33,11 (b) Duty of department. The department shall issue a certificate of licensure under section 457.20 (1) of the statutes, as affected by this act, to any person who is granted a license under paragraph (a ).

SB96-SSA1, s. 90 Section 90. Effective date.

SB96-SSA1,33,14 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB96-SSA1,33,15 (End)