2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 526
October 28, 2019 - Offered by Representative Kurtz.
AB526-ASA1,1,7
1An Act to consolidate, renumber and amend 440.88 (9)(intro.) and (b);
to
2amend 440.88 (9) (a), 455.065 (1) and 457.22 (1) (intro.); and
to create 448.40
3(2) (h) and 457.22 (3) of the statutes;
relating to: requiring continuing
4education on suicide prevention for physicians, psychologists, social workers,
5marriage and family therapists, professional counselors, and substance abuse
6counselors, providing an exemption from emergency rule procedures, and
7requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Safety and Professional Services; the
Medical Examining Board; the Psychology Examining Board; and the Marriage and
Family Therapy, Professional Counseling, and Social Work Examining Board to
promulgate rules that require a person holding a credential as a physician,
psychologist, private practice school psychologist, social worker, advanced practice
social worker, independent social worker, clinical social worker, marriage and family
therapist, professional counselor, substance abuse counselor, clinical substance
abuse counselor, or prevention specialist to complete at least two hours of continuing
education on suicide prevention the first time that the person renews that credential.
The bill also requires DSPS and those examining boards to promulgate
emergency rules that require a person who currently holds a credential as a
physician, psychologist, private practice school psychologist, social worker,
advanced practice social worker, independent social worker, clinical social worker,
marriage and family therapist, professional counselor, substance abuse counselor,
clinical substance abuse counselor, or prevention specialist to complete at least two
hours of continuing education on suicide prevention for the next time that the person
renews that credential.
Under current law, each of those types of professionals must complete at least
30 hours of continuing education every two years to renew their credentials, except
that psychologists and private practice school psychologists are required to complete
40 hours of continuing education every two years to renew their licenses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB526-ASA1,1
1Section
1. 440.88 (9) (intro.) and (b) of the statutes are consolidated,
2renumbered 440.88 (9) (bm) and amended to read:
AB526-ASA1,2,43
440.88
(9) (bm) The department may
do all of the following: (b) Require require 4continuing education as part of any disciplinary process for an individual.
AB526-ASA1,2
5Section
2. 440.88 (9) (a) of the statutes is amended to read:
AB526-ASA1,2,136
440.88
(9) (a)
Establish
The department shall establish the minimum number
7of hours of continuing education required for renewal of certification under this
8section and the topic areas that the continuing education must cover.
The rules
9promulgated under this paragraph shall require an applicant for renewal of a
10substance abuse counselor, clinical substance abuse counselor, or prevention
11specialist certification in the first renewal period beginning after the date on which
12the department initially granted the certification to complete at least 2 hours of
13continuing education programs or courses on suicide prevention.
AB526-ASA1,3
14Section
3. 448.40 (2) (h) of the statutes is created to read:
AB526-ASA1,3,5
1448.40
(2) (h) Requiring an applicant for renewal of a license to practice
2medicine and surgery in the first renewal period beginning after the date on which
3the board initially granted the license to complete at least 2 credit hours of
4continuing education programs or courses on suicide prevention approved by the
5board.
AB526-ASA1,4
6Section
4. 455.065 (1) of the statutes is amended to read:
AB526-ASA1,3,177
455.065
(1) Promulgate rules establishing the minimum number of hours of
8continuing education, the topic areas that the continuing education must cover, the
9criteria for the approval of continuing education programs and courses required for
10renewal of a license and the criteria for the approval of the sponsors and cosponsors
11of those continuing education programs and courses.
The rules promulgated under
12this subsection shall require each applicant for renewal of a license under s. 455.04
13(1) or (4) in the first renewal period beginning after the date on which the examining
14board initially granted the license to complete at least 2 hours of continuing
15education programs or courses on suicide prevention. The rules promulgated under
16this subsection may not count continuing education programs or courses on suicide
17prevention more than continuing education programs or courses on any other topic.
AB526-ASA1,5
18Section
5. 457.22 (1) (intro.) of the statutes is amended to read:
AB526-ASA1,3,1919
457.22
(1) (intro.) The examining board
may shall do
any all of the following:
AB526-ASA1,6
20Section
6. 457.22 (3) of the statutes is created to read:
AB526-ASA1,3,2521
457.22
(3) The rules promulgated under sub. (1) shall require an applicant for
22renewal of a credential under s. 457.08, 457.10, or 457.12 in the first renewal period
23beginning after the date on which the examining board initially granted the
24credential to complete at least 2 hours of continuing education programs or courses
25of study on suicide prevention.
AB526-ASA1,4,152
(1)
Emergency rules; safety and professional services. Using the procedure
3under s. 227.24, the department of safety and professional services shall promulgate
4rules requiring a person who on the effective date of this subsection is certified under
5s. 440.88 as a substance abuse counselor, clinical substance abuse counselor, or
6prevention specialist to complete at least 2 hours of continuing education programs
7or courses on suicide prevention approved by the board to renew a certification under
8s. 440.88 (4). Notwithstanding s. 227.24 (1) (a) and (3), the department of safety and
9professional services is not required to provide evidence that promulgating a rule
10under this subsection is necessary for the preservation of the public peace, health,
11safety, or welfare and is not required to provide a finding of emergency for a rule
12promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
13emergency rules promulgated under this subsection may remain in effect until
14March 1, 2021, and the effective period may not be further extended under s. 227.24
15(2).
AB526-ASA1,5,316
(2)
Emergency rules; medical examining board. Using the procedure under s.
17227.24, the medical examining board shall promulgate rules requiring a person who
18on the effective date of this subsection holds a license to practice medicine and
19surgery under s. 448.04 to complete at least 2 credit hours of continuing education
20programs or courses on suicide prevention approved by the board to renew a license
21to practice medicine and surgery under s. 448.07. Notwithstanding s. 227.24 (1) (a)
22and (3), the medical examining board is not required to provide evidence that
23promulgating a rule under this subsection is necessary for the preservation of the
24public peace, health, safety, or welfare and is not required to provide a finding of
25emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24
1(1) (c) and (2), emergency rules promulgated under this subsection may remain in
2effect until November 1, 2021, and the effective period may not be further extended
3under s. 227.24 (2).
AB526-ASA1,5,164
(3)
Emergency rules; psychology examining board. Using the procedure under
5s. 227.24, the psychology examining board shall promulgate rules requiring a person
6who on the effective date of this subsection is licensed as a psychologist under s.
7455.04 (1) or as a private practice school psychologist under s. 455.04 (4) to complete
8at least 2 hours of continuing education programs or courses on suicide prevention
9to renew a license under s. 455.06. Notwithstanding s. 227.24 (1) (a) and (3), the
10psychology examining board is not required to provide evidence that promulgating
11a rule under this subsection is necessary for the preservation of the public peace,
12health, safety, or welfare and is not required to provide a finding of emergency for a
13rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
14emergency rules promulgated under this subsection may remain in effect until
15October 1, 2021, and the effective period may not be further extended under s. 227.24
16(2).
AB526-ASA1,6,517
(4)
Emergency rules; marriage and family therapy, professional counseling,
18and social work examining board. Using the procedure under s. 227.24, the
19marriage and family therapy, professional counseling, and social work examining
20board shall promulgate rules requiring a person who on the effective date of this
21subsection holds a credential under s. 457.08, 457.10, or 457.12 to complete at least
222 hours of continuing education programs or courses of study on suicide prevention
23to renew a credential under s. 457.20. Notwithstanding s. 227.24 (1) (a) and (3), the
24marriage and family therapy, professional counseling, and social work examining
25board is not required to provide evidence that promulgating a rule under this
1subsection is necessary for the preservation of the public peace, health, safety, or
2welfare and is not required to provide a finding of emergency for a rule promulgated
3under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
4promulgated under this subsection may remain in effect until March 1, 2021, and the
5effective period may not be further extended under s. 227.24 (2).
