AB420: Bill Text

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).

AB420, s. 110 Section 110. 457.26 (2) (g) of the statutes is amended to read:

AB420,38,24 457.26 (2) (g) Performed social work, advanced practice social work or independent social work services in violation of the rules promulgated under s. 457.03 (2) (1) (b) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, clinical marriage and family therapy or clinical professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.

AB420, s. 111 Section 111. 895.70 (1) (e) of the statutes is amended to read:

AB420,39,4 895.70 (1) (e) "Therapist" means a physician, psychologist, social worker, clinical marriage and family therapist, clinical professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

AB420, s. 112 Section 112. 905.04 (1) (bm) of the statutes is amended to read:

AB420,39,9 905.04 (1) (bm) "Marriage and family therapist" means an individual who is certified licensed as a clinical marriage and family therapist under ch. 457 or an individual reasonably believed by the patient to be a clinical marriage and family therapist.

AB420, s. 113 Section 113. 905.04 (1) (dm) of the statutes is amended to read:

AB420,39,13 905.04 (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.

AB420, s. 114 Section 114. 940.22 (1) (i) of the statutes is amended to read:

AB420,39,18 940.22 (1) (i) "Therapist" means a physician, psychologist, social worker, clinical marriage and family therapist, clinical professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

AB420, s. 115 Section 115. Nonstatutory provisions.

AB420,39,20 (1) Definitions. In this Section:

AB420,39,21 (a) "Department" means the department of regulation and licensing.

AB420,39,23 (b) "Examining board" means the social work, marriage and family therapy and professional counseling examining board.

AB420,39,25 (2) Examining board membership. Notwithstanding section 15.405 (7c) (a), (am) and (b) of the statutes, as affected by this act:

AB420,40,4 (a) A member of the examining board who was appointed on or before the effective date of this paragraph may continue to serve as a member of the examining board until the end of his or her appointed term, except for a member whose appointed term expires on or before January 1, 2002.

AB420,40,9 (b) The secretary of the department shall assign the public members of the examining board who were appointed on or before the effective date of this paragraph for terms that expire after January 1, 2002, to serve on either the certification or the licensure section of the examining board, except for one public member who shall be assigned to serve on both sections.

AB420,40,10 (3) Transitional provisions.

AB420,40,16 (a) Duties of examining board sections. Notwithstanding sections 457.08 (4) (intro.), (b), (c) (intro.), 1., 2. and 3. and (d), 457.09 (1) (intro.), (a), (c) and (d), 457.10 (intro.), (2) (intro.), (3) (intro.), (a), (b) and (c) and (4), 457.12 (intro.), (2), (3) (intro.), (a) (intro.), 1., 2. and 3., (b) (intro.), 1., 2. and 3. and (4), 457.13 (1) (intro.), (a) and (d), 457.14 and 457.15 (1) (a), (b), (c) and (d), (2) and (3) of the statutes, as affected by this act, on the effective date of this paragraph:

AB420,40,21 1. The licensure section of the examining board shall grant a 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.

AB420,41,7 2. The certification 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.

AB420,41,12 3. The licensure section of the examining board shall grant a clinical 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.

AB420,41,17 4. The licensure section of the examining board shall grant a clinical 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.

AB420,42,3 5. The licensure counselor section of the examining board shall grant a clinical 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.

AB420,42,13 6. The licensure section of the examining board shall grant a temporary clinical social worker, clinical marriage and family therapist or clinical professional counselor license under section 457.14 of the statutes, as affected by this act, to any person who holds a valid temporary independent clinical social worker, marriage and family therapist or professional counselor certificate that was granted by a 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 section, the temporary license may not be renewed.

AB420,42,19 7. The licensure section of the examining board shall grant a reciprocal clinical social worker, clinical marriage and family therapist or clinical professional counselor license under section 457.15 of the statutes, as affected by this act, to any person who holds a valid reciprocal independent clinical social worker, marriage and family therapist or professional counselor certificate granted by a section of the examining board before the effective date of this subdivision.

AB420,42,22 (b) Duty of department. The department 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 ).

AB420, s. 116 Section 116. Effective date.

AB420,43,2 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB420,43,3 (End)