Amendment SA1-AB385

LRBa0860/1

DAK:cjs:jf

2005 - 2006 LEGISLATURE

SENATE AMENDMENT 1, TO 2005 ASSEMBLY BILL 385

September 2, 2005 - Offered by Committee on Health, Children, Families, Aging and Long Term Care.

AB385-SA1,1,1 At the locations indicated, amend the bill as follows:

AB385-SA1,1,3 1. Page 1, line 6: after "providers" insert ", behavioral health providers, pupil services providers, or substance abuse prevention providers".

AB385-SA1,1,6 2. Page 3, line 6: delete " health care" and substitute "behavioral health provider, health care provider, pupil services provider, or substance abuse prevention".

AB385-SA1,1,9 3. Page 3, line 7: delete that line and substitute "unpaid behavioral health services, health care services, pupil services, or substance abuse prevention services on behalf of a health care facility during a state of emergency is".

AB385-SA1,1,12 4. Page 3, line 10: delete "health care" and substitute "behavioral health provider, health care provider, pupil services provider, or substance abuse prevention".

AB385-SA1,2,3 5. Page 3, line 12: delete that line and substitute "providing volunteer, unpaid behavioral health services, health care services, pupil services, or substance abuse prevention services on behalf of a health care facility during a".

AB385-SA1,2,6 6. Page 3, line 18: after " (4)" insert "and volunteer behavioral health providers, pupil services providers, and substance abuse prevention providers who provide services under s. 250.042 (4)".

AB385-SA1,2,7 7. Page 4, line 2: after that line insert:

AB385-SA1,2,8 " Section 3m. 166.23 (2m) of the statutes is created to read:

AB385-SA1,2,13 166.23 (2m) If the governing body of a city, village, or town declares an emergency under sub. (1) and intends to make use of behavioral health providers, health care providers, pupil services providers, or substance abuse prevention providers, as specified in s. 250.042 (4), the governing body or its agent shall, as soon as possible, notify the department of health and family services of this intent.".

AB385-SA1,2,14 8. Page 4, line 4: after that line insert:

AB385-SA1,2,19 "1. "Behavioral health provider" means an individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has, under chapter 455, been licensed as a psychologist or has, under ch. 457, been certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.".

AB385-SA1,2,20 9. Page 4, line 5: delete "1." and substitute "2.".

AB385-SA1,2,21 10. Page 4, line 6: delete "2." and substitute "3.".

AB385-SA1,2,22 11. Page 4, line 13: after that line insert:

AB385-SA1,3,4 "4. "Pupil services provider" means an individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has been licensed as a school counselor, school psychologist, or school social worker under ch. PI 3, 2004 Wis. Adm. Code, or s. PI 34.31, Wis. Adm. Code.

AB385-SA1,3,9 5. "Substance abuse prevention provider" means an individual who, at any time within 10 years before a state of emergency is declared under s. 166.03 (1) (b) 1. or 166.23, has been certified as a counselor, supervisor, or specialist under s. HFS 75.02 (11) and (84), 2005 Wis. Adm. Code, or has been certified as a substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.75.".

AB385-SA1,3,10 12. Page 4, line 14: delete lines 14 to 21 and substitute:

AB385-SA1,3,24 "(b) A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider who, during a state of emergency declared under s. 166.03 (1) (b) 1. or 166.23, provides behavioral health services, health care services, pupil services, or substance abuse prevention services for which the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider has been licensed or certified or, as a nurse's assistant, has met requirements, is, for the provision of these services a state agent of the department for purposes of ss. 165.25 (6), 893.82, and 895.46 and is an employee of the state for purposes of worker's compensation benefits. The behavioral health services, health care services, pupil services, or substance abuse prevention services shall be provided on behalf of a health care facility on a voluntary, unpaid basis, except that the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider may accept reimbursement for travel, lodging, and meals.".

AB385-SA1,4,1 13. Page 5, line 12: after that line insert:

AB385-SA1,4,6 "8. A social worker, advanced practice social worker, or independent social worker whose certificate has been revoked, limited, suspended, or denied renewal under s. 457.26, or a clinical social worker, marriage and family therapist, or professional counselor whose license has been revoked, limited, suspended, or denied renewal under s. 457.26.

AB385-SA1,4,8 9. A psychologist whose license has been revoked, limited, suspended, or denied renewal under s. 455.09.

AB385-SA1,4,11 10. A school counselor, school psychologist, or school social worker whose license has been denied or revoked under ch. PI 3, 2004 Wis. Adm. Code, or s. PI 34.35, Wis. Adm. Code.

AB385-SA1,4,15 11. A counselor, supervisor, or specialist whose certification has been denied or revoked by the Wisconsin Certification Board, Inc., or a substance abuse counselor, clinical supervisor, or prevention specialist whose certification has been revoked, limited, suspended, or denied under s. 440.75 (6).

AB385-SA1,4,16 12. A nurse's assistant whose name is listed under s. 146.40 (4g) (a) 2.

AB385-SA1, s. 4m Section 4m. 440.75 (5) of the statutes, as created by 2005 Wisconsin Act .... (Assembly Bill 100), is amended to read:

AB385-SA1,5,2 440.75 (5) Certification required. Except as provided in sub. (3m) and s. 250.042 (4) (b), 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).".

AB385-SA1,5,3 14. Page 8, line 16: after that line insert:

AB385-SA1,5,4 " Section 17g. 455.02 (1m) of the statutes is amended to read:

AB385-SA1,5,8 455.02 (1m) License required to practice. No Except as provided in s. 250.042 (4) (b), no person may engage in the practice of psychology or the private practice of school psychology, or attempt to do so or make a representation as authorized to do so, without a license issued by the examining board.

AB385-SA1, s. 17j Section 17j. 455.02 (3m) of the statutes is amended to read:

AB385-SA1,5,18 455.02 (3m) Use of titles. Only Except as provided in s. 250.042 (4) (b), only an individual licensed under s. 455.04 (1) may use the title "psychologist" or any similar title or state or imply that he or she is licensed to practice psychology, and only an individual licensed under s. 455.04 (4) may use the title "private practice school psychologist" or any similar title or state or imply that he or she is licensed to engage in the private practice of school psychology. Only Except as provided in s. 250.042 (4) (b), only an individual licensed under s. 455.04 (1) or (4) may represent himself or herself to the public by any description of services incorporating the word "psychological" or "psychology".

AB385-SA1, s. 17m Section 17m. 457.04 (intro.) of the statutes is amended to read:

AB385-SA1,5,21 457.04 Prohibited practices. (intro.) Except as provided in s. ss. 250.042 (4) (b) and 457.02, no person may do any of the following:".

AB385-SA1,5,24 15. Page 8, line 18: delete "health care" and substitute "behavioral health provider, health care provider, pupil services provider, or substance abuse prevention".

AB385-SA1,6,3 16. Page 8, line 21: delete "health care" and substitute "behavioral health provider, health care provider, pupil services provider, or substance abuse prevention".

AB385-SA1,6,4 17. Page 8, line 22: after that line insert:

AB385-SA1,6,6 " Section 19m. Effective dates. This act takes effect on the day after publication, except as follows:

AB385-SA1,6,10 (1) The treatment of section 440.75 (5) of the statutes takes effect on the day after publication or on the date on which the treatment of subchapter VII of chapter 440 of the statutes takes effect under Section 9421 (10q) of 2005 Wisconsin Act 25, whichever is later.".

AB385-SA1,6,11 (End)