AB420: Bill Text

AB420, s. 79 Section 79. 457.10 (4) of the statutes is amended to read:

AB420,26,11 457.10 (4) Passes an examination approved by the marriage and family therapist licensure section to determine minimum competence to practice marriage and family therapy.

AB420, s. 80 Section 80. 457.11 of the statutes is created to read:

AB420,26,15 457.11 Clinical marriage and family therapist training permit. (1) The licensure section shall grant a clinical marriage and family therapist training permit to any individual who does all of the following:

AB420,26,17 (a) Submits an application for the permit to the department on a form provided by the department.

AB420,26,18 (b) Pays the fee specified in s. 440.05 (6).

AB420,26,19 (c) Satisfies the requirements in s. 457.10 (2).

AB420,26,25 (d) Submits evidence satisfactory to the licensure section that he or she is employed full-time, or has an offer of full-time employment, as a clinical and family therapist in a supervised clinical marriage and family therapist practice or in a position in which the applicant will, in the opinion of the licensure section, receive training and supervision equivalent to the training and supervision received in a full-time supervised clinical marriage and family therapist practice.

AB420,27,6 (2) A clinical marriage and family therapist training permit is valid for 24 months or until the date on which the holder of the permit ceases to be employed in a position specified in sub. (1) (d), whichever occurs first, and may not be renewed by the licensure section. A clinical marriage and family therapist training permit authorizes the holder to use any title specified in s. 457.04 (5) during the period in which the permit is valid.

AB420, s. 81 Section 81. 457.12 (intro.) of the statutes is amended to read:

AB420,27,11 457.12 Professional Clinical professional counselor certificate license. (intro.) The professional counselor licensure section shall grant a clinical professional counselor certificate license to any individual who does all of the following:

AB420, s. 82 Section 82. 457.12 (2) of the statutes is amended to read:

AB420,27,16 457.12 (2) Submits evidence satisfactory to the professional counselor licensure section that he or she has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the professional counselor licensure section.

AB420, s. 83 Section 83. 457.12 (3) (intro.) of the statutes is amended to read:

AB420,27,19 457.12 (3) (intro.) Submits evidence satisfactory to the professional counselor licensure section that he or she has done any of the following:

AB420, s. 84 Section 84. 457.12 (3) (a) of the statutes is renumbered 457.12 (3) (a) (intro.) and amended to read:

AB420,27,25 457.12 (3) (a) (intro.) After receiving a master's degree in professional counseling or its equivalent, engaged in the equivalent of at least 2 years of full-time supervised clinical professional counseling practice approved by the professional counselor section. supervised by one of the following:

AB420, s. 85 Section 85. 457.12 (3) (a) 1., 2. and 3. of the statutes are created to read:

AB420,28,3 457.12 (3) (a) 1. An individual licensed as a clinical professional counselor who has received a doctorate degree in professional counseling.

AB420,28,5 2. An individual licensed as a clinical professional counselor who has engaged in the equivalent of 5 years of full-time clinical professional counseling practice.

AB420,28,8 3. An individual licensed as a clinical professional counselor who satisfies educational or practice requirements that are comparable to the requirements under subd. 1. or 2. and that are established in rules promulgated under s. 457.03 (1) (e).

AB420, s. 86 Section 86. 457.12 (3) (b) of the statutes is renumbered 457.12 (3) (b) (intro.) and amended to read:

AB420,28,14 457.12 (3) (b) (intro.) After receiving a doctorate degree in professional counseling or its equivalent, engaged in the equivalent of at least one year of full-time supervised clinical professional counseling practice approved by the professional counselor section. supervised by one of the following:

AB420, s. 87 Section 87. 457.12 (3) (b) 1., 2. and 3. of the statutes are created to read:

AB420,28,17 457.12 (3) (b) 1. An individual licensed as a clinical professional counselor who has received a doctorate degree in professional counseling.

AB420,28,19 2. An individual licensed as a clinical professional counselor who has engaged in the equivalent of 5 years of full-time clinical professional counseling practice.

AB420,28,22 3. An individual licensed as a clinical professional counselor who satisfies educational or practice requirements that are comparable to the requirements under subd. 1. or 2. and that are established in rules promulgated under s. 457.03 (1) (e).

AB420, s. 88 Section 88. 457.12 (4) of the statutes is amended to read:

AB420,29,3 457.12 (4) Passes an examination approved by the professional counselor licensure section to determine minimum competence to practice professional counseling.

AB420, s. 89 Section 89. 457.13 (title) and (1) (intro.) and (a) of the statutes are amended to read:

AB420,29,9 457.13 (title) Professional Clinical professional counselor training certificate permit. (1) (intro.) The professional counselor licensure section shall grant a clinical professional counselor training certificate permit to any individual who does all of the following:

AB420,29,11 (a) Submits an application for the certificate permit to the department on a form provided by the department.

AB420, s. 90 Section 90. 457.13 (1) (d) of the statutes is amended to read:

AB420,29,19 457.13 (1) (d) Submits evidence satisfactory to the professional counselor licensure section that he or she is employed full-time, or has an offer of full-time employment, as a clinical professional counselor in a supervised clinical professional counseling practice or in a position in which the applicant will, in the opinion of the professional counselor licensure section, receive training and supervision equivalent to the training and supervision received in a full-time supervised clinical professional counseling practice.

AB420, s. 91 Section 91. 457.13 (2) of the statutes is amended to read:

AB420,30,3 457.13 (2) A clinical professional counselor training certificate permit is valid for 24 months or until the date on which the holder of the certificate permit ceases to be employed in a position specified in sub. (1) (d), whichever occurs first, and may not be renewed by the professional counselor licensure section. A Notwithstanding s. 457.04 (6), a clinical professional counselor training certificate permit authorizes the holder to use any title specified in s. 457.04 (6) and to practice professional counseling within the scope of his or her training or supervision during the period in which the certificate permit is valid.

AB420, s. 92 Section 92. 457.14 of the statutes is amended to read:

AB420,30,16 457.14 Temporary certificates and licenses. Upon application and payment of the fee specified in s. 440.05 (6), the appropriate section of the examining board may grant a temporary social worker, advanced practice social worker, independent social worker, clinical social worker, clinical marriage and family therapist or clinical professional counselor certificate or license to any individual who satisfies the requirements under s. 457.08 (1) (a) and (b), (2) (a) and (b), (3) (a) to (c) or (4) (a) to (c), 457.10 (1) to (3) or 457.12 (1) to (3) and has submitted an application to take the next available examination for certification or licensure under s. 457.08 (1) (c), (2) (c), (3) (d) or (4) (d), 457.10 (4) or 457.12 (4). A temporary certificate or license granted under this section is valid for a period designated by the appropriate section of the examining board, not to exceed 9 months, and may be renewed once by that section of the examining board.

AB420, s. 93 Section 93. 457.15 (title) of the statutes is amended to read:

AB420,30,18 457.15 (title) Reciprocal certificates and licenses.

AB420, s. 94 Section 94. 457.15 (1) (intro.), (a), (b) and (c) of the statutes are amended to read:

AB420,30,22 457.15 (1) (intro.) Upon application and payment of the fee specified in s. 440.05 (2), the social worker certification section shall do all of the following:

AB420,31,2 (a) Grant a social worker certificate to any individual who holds a similar certificate in another state or territory of the United States if the social worker certification section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (1).

AB420,31,8 (b) Grant an advanced practice social worker certificate to any individual who is certified under par. (a) or under s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States if the social worker certification section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (2).

AB420,31,14 (c) Grant an independent social worker certificate to any individual who is certified under par. (a) or under s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States if the social worker certification section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (3).

AB420, s. 95 Section 95. 457.15 (1) (d) of the statutes is renumbered 457.15 (2) (a) and amended to read:

AB420,31,22 457.15 (2) (a) Grant an independent a clinical social worker certificate to any individual who is certified under par. sub. (1) (a) or under s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States if the social worker licensure section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.08 (4).

AB420, s. 96 Section 96. 457.15 (2) of the statutes is renumbered 457.15 (2) (intro.) and amended to read:

AB420,32,3 457.15 (2) (intro.) Upon application and payment of the fee specified in s. 440.05 (2), the marriage and family therapist licensure section shall grant do all of the following:

AB420,32,8 (b) Grant a clinical marriage and family therapist certificate to any individual who holds a similar certificate in another state or territory of the United States if the marriage and family therapist licensure section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.10.

AB420, s. 97 Section 97. 457.15 (3) of the statutes is renumbered 457.15 (2) (c) and amended to read:

AB420,32,16 457.15 (2) (c) Upon application and payment of the fee specified in s. 440.05 (2), the professional counselor section shall grant Grant a clinical professional counselor certificate to any individual who holds a similar certificate in another state or territory of the United States if the professional counselor licensure section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under s. 457.12.

AB420, s. 98 Section 98. 457.16 (1) of the statutes is amended to read:

AB420,32,24 457.16 (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, clinical marriage and family therapist and clinical professional counselor certification and 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.

AB420, s. 99 Section 99. 457.16 (2) of the statutes is amended to read:

AB420,33,5 457.16 (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, clinical social work, clinical marriage and family therapy or clinical professional counseling, as appropriate.

AB420, s. 100 Section 100. 457.16 (3) of the statutes is amended to read:

AB420,33,12 457.16 (3) An individual is not eligible for examination unless he or she satisfies the requirements for certification or 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).

AB420, s. 101 Section 101. 457.20 (1) and (2) of the statutes are amended to read:

AB420,33,15 457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter.

AB420,33,18 (2) The renewal dates for certificates and licenses granted under this chapter, other than certificates granted under ss. 457.13 and 457.14 temporary certificates and licenses, are specified under s. 440.08 (2) (a).

AB420, s. 102 Section 102. 457.20 (3) (b) and (c) of the statutes are amended to read:

AB420,33,21 457.20 (3) (b) Proof If the application is for renewal of a certificate of certification, proof of completion of continuing education requirements in s. 457.22.

AB420,34,3 (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 licensure 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.

AB420, s. 103 Section 103. 457.20 (4) of the statutes is amended to read:

AB420,34,10 457.20 (4) Renewal of an advanced practice social worker, independent social worker or independent clinical social worker certificate or license automatically renews the individual's social worker certificate without payment of the renewal fee for the social worker certificate or completion of the continuing education requirements that would otherwise be required for renewal of a social worker certificate.

AB420, s. 104 Section 104. 457.22 of the statutes is renumbered 457.22 (1) (intro.) and amended to read:

AB420,34,14 457.22 (1) (intro.) The examining board may promulgate do any of the following:

AB420,34,17 (a) Upon the advice of the certification section, promulgate rules establishing requirements and procedures for certificate holders to complete continuing education programs or courses of study in order to qualify for renewal.

AB420,34,23 (2) The rules promulgated under sub. (1) 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.

AB420, s. 105 Section 105. 457.22 (1) (b), (c) and (d) of the statutes are created to read:

AB420,35,4 457.22 (1) (b) Upon the advice of the members of the licensure section who are clinical social workers, promulgate rules establishing requirements and procedures for clinical social workers to complete continuing education programs or courses of study in order to qualify for renewal.

AB420,35,8 (c) Upon the advice of the members of the licensure section who are clinical marriage and family therapists, promulgate rules establishing requirements and procedures for clinical marriage and family therapists to complete continuing education programs or courses of study in order to qualify for renewal.

AB420,35,12 (d) Upon the advice of the members of the licensure section who are clinical professional counselors, promulgate rules establishing requirements and procedures for clinical professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.

AB420, s. 106 Section 106. 457.25 of the statutes is amended to read:

AB420,36,2 457.25 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, clinical marriage and family therapy or clinical 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.

AB420,36,14 (2) Any state or local professional society or organization of social workers, clinical marriage and family therapists or clinical 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, clinical marriage and family therapy or clinical 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.

AB420,36,22 (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.

AB420,37,4 (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.

AB420,37,13 (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.

AB420,37,21 (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.

AB420, s. 107 Section 107. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:

AB420,38,2 457.26 (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:

AB420,38,4 (a) Made a material misstatement in an application for a certificate credential or for renewal of a certificate credential.

AB420,38,8 (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, clinical marriage and family therapy or clinical professional counseling.

AB420, s. 108 Section 108. 457.26 (2) (e) of the statutes is amended to read:

AB420,38,13 457.26 (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, clinical marriage and family therapy or clinical professional counseling while his or her ability to practice was impaired by alcohol or other drugs.

AB420, s. 109 Section 109. 457.26 (2) (f) of the statutes is amended to read:

AB420,38,17 457.26 (2) (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 457.03 (2) (1) (b), (be), (bm) or (bs).