AB420: Bill Text

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)