Amendment SA29-AB100

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2005 - 2006 LEGISLATURE

SENATE AMENDMENT 29, TO 2005 ASSEMBLY BILL 100

June 29, 2005 - Offered by Senators Schultz, A. Lasee, Kedzie and Roessler.

AB100-SA29,1,1 At the locations indicated, amend the engrossed bill as follows:

AB100-SA29,1,4 1. Page 196, line 23: increase the dollar amount for fiscal year 2005-06 by $175,500 and increase the dollar amount for fiscal year 2006-07 by $175,500 for the purpose for which the appropriation is made.

AB100-SA29,1,5 2. Page 348, line 19: delete "for the acquisition".

AB100-SA29,1,6 3. Page 427, line 12: delete lines 12 and 13 and substitute:

AB100-SA29,1,8 " Section 820g. 45.60 (2) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 210) is amended to read:

AB100-SA29,2,2 45.60 (2) Stipends. From the appropriation under s. 20.485 (2) (q) (dm), the department shall reimburse a local unit of a member organization of the council on veterans programs or a local unit of a veterans organization certified by the department to provide military funeral honors for the costs of providing military funeral honors in this state to a person described in sub. (1). The reimbursement may not exceed $50 for each funeral for which military honors are provided.".

AB100-SA29,2,3 4. Page 723, line 16: after that line insert:

AB100-SA29,2,5 " Section 1692xm. 77.9941 (3m) of the statutes is renumbered 77.9941 (3m) (a).

AB100-SA29, s. 1692xn Section 1692xn. 77.9941 (3m) (b) of the statutes is created to read:

AB100-SA29,2,12 77.9941 (3m) (b) The department of revenue shall provide appropriate guidance regarding the application of the tax imposed under this subchapter to all persons who hold a sales tax permit issued by the department. Any retail outlet that would have been classified as a tourism related retailer under s. 77.994 (1), but for the fact that it is a retail outlet for a manufacturer or wholesaler, shall be considered a tourism related retailer for purposes of s. 77.994 (1).".

AB100-SA29,2,14 5. Page 809, line 19: after "149.143 (1)" insert ", except that in no event may plan rates exceed 200 percent of rates applicable to individual standard risks".

AB100-SA29,2,15 6. Page 865, line 20: delete lines 20 to 21 and substitute:

AB100-SA29,2,16 " Section 2284mg. 440.03 (13) (b) 5m. of the statutes is created to read:

AB100-SA29,2,18 440.03 (13) (b) 5m. Substance abuse counselor, clinical supervisor, or prevention specialist.".

AB100-SA29,2,20 7. Page 867, line 1: delete "Alcohol and other drug abuse counselor" and substitute "Substance abuse counselor, clinical supervisor, or prevention specialist".

AB100-SA29,2,22 8. Page 872, line 24: delete the material beginning with that line and ending with page 874, line 4, and substitute:

AB100-SA29,3,3 "substance abuse counselors, clinical supervisors, and prevention specialists

AB100-SA29,3,5 440.75 Substance abuse counselors, clinical supervisors, and prevention specialists. (1) Definitions. In this subchapter:

AB100-SA29,3,7 (a) "Clinical supervisor" means a basic clinical supervisor, an intermediate clinical supervisor, or an independent clinical supervisor.

AB100-SA29,3,10 (b) "Substance abuse counselor" means a basic substance abuse counselor, an intermediate substance abuse counselor, or an independent substance abuse counselor.

AB100-SA29,3,16 (2) Certification. Except as provided in sub. (3m) and s. 440.12 or 440.13, the department shall certify as a substance abuse counselor, a clinical supervisor, or a prevention specialist any individual who satisfies the applicable conditions in sub. (3) and who has presented evidence satisfactory to the department that applicable certification standards and qualification of the department, as established by rule, have been met.

AB100-SA29,3,21 (3) Certification; standards and qualifications. (a) Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), 2005 Wis. Adm. Code:

AB100-SA29,3,22 1. Basic substance abuse counselors.

AB100-SA29,3,23 2. Intermediate substance abuse counselors.

AB100-SA29,3,24 3. Independent substance abuse counselors.

AB100-SA29,3,25 4. Basic clinical supervisors.

AB100-SA29,4,1 5. Intermediate clinical supervisors.

AB100-SA29,4,2 6. Independent clinical supervisors.

AB100-SA29,4,3 7. Prevention specialists.

AB100-SA29,4,6 (b) Rules promulgated under par. (a) shall include standards based on demonstrated requisite competency, knowledge, skills, and attitudes of professional practice that are culturally competent and evidence-based.

AB100-SA29,4,12 (c) Before the department may promulgate rules under par. (a), the department shall appoint a certification review committee under s. 227.13 and shall consult with the certification review committee on the proposed rules. A majority of the members of the certification review committee required under this paragraph shall represent alcohol and other drug abuse organizations in this state, as recommended by the Wisconsin Association on Alcoholism and Other Drug Abuse, Inc.

AB100-SA29,4,17 (3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5), who specializes in psychiatry, a clinical social worker, as defined in s. 457.01 (1r), or a licensed psychologist, as defined in s. 455.01 (4), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

AB100-SA29,4,23 (4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in s. 440.05 (1). The renewal date and renewal fee for certification as a substance abuse counselor, clinical supervisor, or prevention specialist are specified under s. 440.08 (2) (a).

AB100-SA29,5,6 (5) Certification required. Except as provided in sub. (3m), no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under sub. (2).

AB100-SA29,5,13 (6) Revocation, denial, suspension, or limitation of certification. The department may, after a hearing held in conformity with chapter 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence.

AB100-SA29,5,19 (7) Reciprocal certification. The department may, upon application and payment of the required fee, issue certification as a substance abuse counselor, clinical supervisor, or prevention specialist to an individual who holds a similar unexpired certification issued to the individual by another state for which the requirements for certification are of a standard that is not lower than that specified in this subchapter.

AB100-SA29,5,22 (8) Certification other than by department prohibited. No entity other than the department may certify substance abuse counselors, clinical supervisors, or prevention specialists.".

AB100-SA29,6,3 9. Page 884, line 20: delete that line and substitute: "Code certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.75, or unless the".

AB100-SA29,6,4 10. Page 884, line 24: delete "alcohol".

AB100-SA29,6,6 11. Page 884, line 25: delete "and other drug abuse counselor" and substitute "substance abuse counselor, clinical supervisor, or prevention specialist".

AB100-SA29,6,7 12. Page 973, line 24: delete "other drug abuse" and substitute "drug".

AB100-SA29,6,8 13. Page 974, line 1: delete lines 1 to 5 and substitute:

AB100-SA29,6,13 "(a) Certified alcohol and drug counselors. Except as provided in paragraph (am), all of the following individuals who are certified under the following titles under the requirements of section HFS 75.02 (84) (a) of the Wisconsin Administrative Code immediately before the effective date of this paragraph are certified as follows under section 440.75 of the statutes, as created by this act:

AB100-SA29,6,15 1.. If certified as a registered alcohol and drug counselor I, certified as a basic substance abuse counselor.

AB100-SA29,6,17 2. If certified as a certified alcohol and drug counselor II, certified as an intermediate substance abuse counselor.

AB100-SA29,6,19 3. If certified as a certified alcohol and drug counselor III or as a certified alcohol and drug counselor-D, certified as an independent substance abuse counselor.