AB517: Bill Text

AB517,19,5 457.15 (1) (a) Grant a social worker certificate license to any individual who holds a similar certificate in another state or territory of the United States credential if the social worker section determines that the requirements for obtaining the certificate credential in the other state or territory are substantially equivalent to the requirements under s. 457.08 (1).

AB517,19,11 (b) Grant an advanced practice social worker certificate license to any individual who is certified licensed under par. (a) or under s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States credential if the social worker section determines that the requirements for obtaining the certificate credential in the other state or territory are substantially equivalent to the requirements under s. 457.08 (2).

AB517,19,17 (c) Grant an independent social worker certificate license to any individual who is certified licensed under par. (a) or under s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States credential if the social worker section determines that the requirements for obtaining the certificate credential in the other state or territory are substantially equivalent to the requirements under s. 457.08 (3).

AB517,19,23 (d) Grant an independent clinical social worker certificate license to any individual who is certified licensed under par. (a) or under s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States credential if the social worker section determines that the requirements for obtaining the certificate credential in the other state or territory are substantially equivalent to the requirements under s. 457.08 (4).

AB517, s. 53 Section 53. 457.15 (2) of the statutes is amended to read:

AB517,20,7 457.15 (2) Upon application and payment of the fee specified in s. 440.05 (2), the marriage and family therapist section shall grant a marriage and family therapist certificate license to any individual who holds a similar certificate in another state or territory of the United States credential if the marriage and family therapist section determines that the requirements for obtaining the certificate credential in the other state or territory are substantially equivalent to the requirements under s. 457.10.

AB517, s. 54 Section 54. 457.15 (3) of the statutes is amended to read:

AB517,20,14 457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2), the professional counselor section shall grant a professional counselor certificate license to any individual who holds a similar certificate in another state or territory of the United States credential if the professional counselor section determines that the requirements for obtaining the certificate credential in the other state or territory are substantially equivalent to the requirements under s. 457.12.

AB517, s. 55 Section 55. 457.16 (1) of the statutes is amended to read:

AB517,20,22 457.16 (1) The appropriate section of the examining board shall arrange for examinations for social worker, advanced practice social worker, independent social worker, independent clinical social worker, marriage and family therapist and professional counselor certification licensure to be conducted at least semiannually and at times and places determined by that section of the examining board, and shall provide public notice of each examination at least 90 days before the date of the examination.

AB517, s. 56 Section 56. 457.16 (2) of the statutes is amended to read:

AB517,21,3 457.16 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of social work, advanced practice social work, independent social work, independent clinical social work, marriage and family therapy or professional counseling, as appropriate.

AB517, s. 57 Section 57. 457.16 (3) of the statutes is amended to read:

AB517,21,10 457.16 (3) An individual is not eligible for examination unless he or she satisfies the requirements for certification licensure under s. 457.08 (1) (a) and (b), (2) (intro.), (a) and (b), (3) (intro.) and (a) to (c) or (4) (intro.) and (a) to (c), 457.10 (1) to (3) or 457.12 (1) to (3) and, at least 30 days before the date of the examination, submits an application for examination to the department on a form provided by the department and pays the fee specified in s. 440.05 (1).

AB517, s. 58 Section 58. 457.20 (1) and (2) of the statutes are amended to read:

AB517,21,13 457.20 (1) The department shall issue a certificate of certification licensure to each individual who is certified licensed under this chapter.

AB517,21,16 (2) The renewal dates for certificates licenses granted under this chapter, other than certificates granted under ss. 457.13 and 457.14 temporary licenses, are specified under s. 440.08 (2) (a).

AB517, s. 59 Section 59. 457.20 (3) (c) of the statutes is amended to read:

AB517,21,24 457.20 (3) (c) If the application is for renewal of a professional counselor certificate license that was originally granted as a professional counselor certificate under 1991 Wisconsin Act 160, section 21 (2) (g), evidence satisfactory to the professional counselor section that the applicant continues to be employed by a federal, state or local governmental agency as a professional counselor, professional rehabilitation counselor, vocational rehabilitation counselor or rehabilitation counselor.

AB517, s. 60 Section 60. 457.20 (4) of the statutes is amended to read:

AB517,22,6 457.20 (4) Renewal of an advanced practice social worker, independent social worker or independent clinical social worker certificate license automatically renews the individual's social worker certificate license without payment of the renewal fee for the social worker certificate license or completion of the continuing education requirements that would otherwise be required for renewal of a social worker certificate license.

AB517, s. 61 Section 61. 457.22 of the statutes is amended to read:

AB517,22,16 457.22 Continuing education. The examining board may promulgate rules establishing requirements and procedures for certificate holders licensees to complete continuing education programs or courses of study in order to qualify for renewal. The rules may not require an individual to complete more than 30 hours of continuing education programs or courses of study in order to qualify for renewal. The appropriate section of the examining board may waive all or part of the requirements established in rules promulgated under this section if it determines that prolonged illness, disability or other exceptional circumstances have prevented the individual from completing the requirements.

AB517, s. 62 Section 62. 457.25 of the statutes is amended to read:

AB517,23,5 457.25 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 licensee or permit holder, that terminates, suspends or restricts the employment or contract of the certificate licensee or permit holder as a result of adverse or disciplinary action against the certificate licensee or permit holder relating to his or her practice of social work, advanced practice social work, independent social work, independent 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 licensee or permit holder terminates his or her employment before the action is taken, within 30 days after the date on which the certificate licensee or permit holder terminates his or her employment.

AB517,23,17 (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 licensee or permit holder, or takes any other adverse or disciplinary action against a certificate licensee or permit holder relating to his or her practice of social work, advanced practice social work, independent social work, independent 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 licensee or permit holder terminates his or her membership before the action is taken, within 30 days after the date on which the certificate licensee or permit holder terminates his or her membership.

AB517,23,25 (3) Any insurer, as defined in s. 600.03 (27), who provides professional liability insurance coverage for a certificate licensee or permit holder and who pays a claim for damages arising out of the rendering of services by the certificate licensee or permit holder or obtains any information that tends to substantiate a charge that the certificate licensee or permit 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.

AB517,24,7 (4) Any circuit court that appoints a guardian of the person or estate of a certificate licensee or permit holder or makes a judgment or other determination that a certificate licensee or permit holder is mentally ill or mentally incompetent or that a certificate licensee or permit 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.

AB517,24,16 (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 licensee or permit holder, in writing, of the substance of the report. The certificate licensee or permit 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 licensee's or permit holder's view of the correctness or relevance of any information in the report. The certificate licensee or permit 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.

AB517,24,24 (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 licensee or permit 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 licensee or permit holder is filed under sub. (1), (2), (3) or (4) for 2 consecutive years, the certificate licensee or permit 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.

AB517, s. 63 Section 63. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:

AB517,25,5 457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a certificate licensee or permit holder or deny, limit, suspend or revoke a certificate license or permit under this chapter if it finds that the applicant or certificate , licensee or permit holder has done any of the following:

AB517,25,7 (a) Made a material misstatement in an application for a certificate license or permit or for renewal of a certificate license.

AB517,25,11 (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, independent clinical social work, marriage and family therapy or professional counseling.

AB517, s. 64 Section 64. 457.26 (2) (e) of the statutes is amended to read:

AB517,25,16 457.26 (2) (e) Subject to ss. 111.321, 111.322 and 111.34, practiced social work, advanced practice social work, independent social work, independent clinical social work, marriage and family therapy or professional counseling while his or her ability to practice was impaired by alcohol or other drugs.

AB517, s. 65 Section 65. 457.26 (2) (g) of the statutes is amended to read:

AB517,25,24 457.26 (2) (g) Performed social work, advanced practice social work, independent social work or independent clinical 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, independent clinical social work, marriage and family therapy or professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.

AB517, s. 66 Section 66. 905.04 (1) (bm) of the statutes is amended to read:

AB517,26,3 905.04 (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.

AB517, s. 67 Section 67. 905.04 (1) (dm) of the statutes is amended to read:

AB517,26,7 905.04 (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.

AB517, s. 68 Section 68. 905.04 (1) (g) of the statutes is amended to read:

AB517,26,11 905.04 (1) (g) "Social worker" means an individual who is certified licensed as a social worker under ch. 457 or an individual reasonably believed by the patient to be a social worker.

AB517, s. 69 Section 69. Nonstatutory provisions.

AB517,26,14 (1) Definition. In this Section, "examining board" means the examining board of social workers, marriage and family therapists and professional counselors.

AB517,26,18 (2) Examining board membership. Notwithstanding section 15.405 (7c) (a) 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.

AB517,26,19 (3) Transitional provisions.

AB517,26,22 (a) Duties of examining board sections. Notwithstanding sections 457.08, 457.09 (1), 457.10, 457.12, 457.13 (1), 457.14 and 457.15 of the statutes, as affected by this act, on the effective date of this paragraph:

AB517,27,2 1. The social worker section of the examining board shall grant a social worker license under section 457.08 (1) of the statutes, as affected by this act, to any person who holds a valid social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.

AB517,27,7 2.  The social worker section of the examining board shall grant an advanced practice social worker license under section 457.08 (2) of the statutes, as affected by this act, to any person who holds a valid advanced practice social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.

AB517,27,12 3.  The social worker section of the examining board shall grant an independent social worker license under section 457.08 (3) of the statutes, as affected by this act, to any person who holds a valid independent social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.

AB517,27,17 4.  The social worker section of the examining board shall grant an independent 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.

AB517,28,3 5. The social worker section of the examining board shall grant a social worker training permit under section 457.09 (1) of the statutes, as affected by this act, to any person who holds a valid social worker training certificate that was granted by the social worker section of the examining board before the effective date of this subdivision. Notwithstanding section 457.09 (3) (a) and (b) of the statutes, as affected by this act, a social worker training permit granted under this subdivision is valid for 24 months beginning after the date on which the social worker section of the examining board granted the social worker training certificate to the person or until the date on which the person receives the results of the examination that he or she has taken under section 457.09 (5) (a) of the statutes, as affected by this act, whichever occurs first.

AB517,28,8 6. 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.

AB517,28,13 7. 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.

AB517,28,24 8. The professional counselor section of the examining board shall grant a professional counselor training permit under section 457.13 (1) of the statutes, as affected by this act, to any person who holds a valid professional counselor training certificate that was granted by the professional counselor section of the examining board before the effective date of this subdivision. Notwithstanding section 457.13 (2) of the statutes, as affected by this act, a professional counselor training permit granted pursuant to this subdivision is valid for 24 months beginning after the date on which the professional counselor section of the examining board granted the professional counselor training certificate or until the date on which the person ceases to be employed in a position specified under section 457.13 (1) (d) of the statutes, whichever occurs first.

AB517,29,8 9. A section of the examining board shall grant a temporary license under section 457.14 of the statutes, as affected by this act, to any person who holds a valid temporary certificate that was granted by the 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 appropriate section of the examining board, the temporary license may not be renewed.

AB517,29,12 10. A section of the examining board shall grant a reciprocal license under section 457.15 of the statutes, as affected by this act, to any person who holds a valid reciprocal certificate granted by the section of the examining board before the effective date of this subdivision.

AB517,29,16 (b) Duty of department of regulation and licensing. The department of regulation and licensing 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).

AB517, s. 70 Section 70. Effective date.

AB517,29,19 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB517,29,20 (End)