SB203: Bill Text

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB203, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB203,4,11 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, occupational therapy examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the social work, marriage and family therapy and professional counseling examining board of social workers, marriage and family therapists and professional counselors and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB203, s. 2 Section 2. 15.405 (7c) (title) of the statutes is repealed and recreated to read:

SB203,4,14 15.405 (7c) (title) Social work, marriage and family therapy and professional counseling examining board.

SB203, s. 3 Section 3. 15.405 (7c) (a) of the statutes is renumbered 15.405 (7c) (a) (intro.) and amended to read:

SB203,5,5 15.405 (7c) (a) (intro.) There is created an a social work, marriage and family therapy and professional counseling examining board of social workers, marriage and family therapists and professional counselors in the department of regulation and licensing. The consisting of the following members of the examining board shall be appointed for 4-year terms. Four:

SB203,5,7 1. Three members shall be who are certified under ch. 457 as social workers. Three members shall be certified under ch. 457 as

SB203,5,9 3. Two clinical marriage and family therapists. Three therapist members shall be certified under ch. 457 as who are licensed under ch. 457.

SB203,5,11 4. Two clinical professional counselors. Three members shall be counselor members who are licensed under ch. 457.

SB203,5,14 5. Three public members. Of the 4 certified social worker members, one shall be who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under ch. 457.

SB203,5,15 (am) The 3 members appointed under par. (a) 1. shall consist of the following:

SB203,5,17 1. One member who is certified under ch. 457 as an advanced practice social worker, one shall be.

SB203,5,19 2. One member who is certified under ch. 457 as an independent social worker, one shall be certified under ch. 457 as an independent clinical social worker and at.

SB203,5,21 3. At least one shall be member who is employed as a social worker by a federal, state or local governmental agency.

SB203, s. 4 Section 4. 15.405 (7c) (a) 2. of the statutes is created to read:

SB203,5,24 15.405 (7c) (a) 2. Two clinical social worker members who are licensed under ch. 457.

SB203, s. 5 Section 5. 15.405 (7c) (b) of the statutes is repealed and recreated to read:

SB203,6,7 15.405 (7c) (b) In operation, the examining board shall be divided into a certification section and a licensure section. The certification section shall consist of the members of the examining board appointed under par. (a) 1. and one of the public members of the examining board. The licensure section shall consist of the members of the examining board appointed under par. (a) 2., 3. and 4. and the public members of the examining board, including the public member who is also a member of the certification section.

SB203, s. 6 Section 6. 15.405 (7c) (c) of the statutes is repealed and recreated to read:

SB203,6,13 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending or revoking a certificate under ch. 457 shall be acted upon solely by the certification section of the examining board and all matters pertaining to granting, denying, limiting, suspending or revoking a license under ch. 457 shall be acted upon solely by the licensure section of the examining board.

SB203, s. 7 Section 7. 15.405 (7c) (d) of the statutes is amended to read:

SB203,6,17 15.405 (7c) (d) All matters that the examining board determines are of joint interest shall be considered by joint meetings of all both sections of the examining board or of those sections to which the problem is of interest.

SB203, s. 8 Section 8. 15.405 (7c) (e) of the statutes is amended to read:

SB203,6,24 15.405 (7c) (e) Notwithstanding s. 15.08 (4) (a), at a joint meeting of all both sections of the examining board, a majority of the examining board constitutes a quorum to do business only if at least 8 members are present at the meeting. At a meeting of a section of the examining board or a joint meeting of 2 or more of the both sections of the examining board, each member who is present has one vote, except as provided in par. (f).

SB203, s. 9 Section 9. 15.405 (7c) (f) of the statutes is amended to read:

SB203,7,4 15.405 (7c) (f) At a joint meeting of the social worker section and one or both of the other both sections of the examining board, each member who is present has one vote, except that the social worker nonpublic members of the certification section each have three-fourths two-thirds of a vote if all 4 3 of those members are present.

SB203, s. 10 Section 10. 48.981 (2) of the statutes is amended to read:

SB203,8,2 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, clinical marriage and family therapist, clinical professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.

SB203, s. 11 Section 11. 146.81 (1) (hg) of the statutes is amended to read:

SB203,8,5 146.81 (1) (hg) A social worker, clinical marriage and family therapist or clinical professional counselor certified or licensed under ch. 457.

SB203, s. 12 Section 12. 180.1901 (1m) (f) of the statutes is amended to read:

SB203,8,9 180.1901 (1m) (f) Examining Social work, marriage and family therapy and professional counseling examining board of social workers, marriage and family therapists and professional counselors under ch. 457.

SB203, s. 13 Section 13. 252.10 (7) of the statutes is amended to read:

SB203,8,19 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. x of ch. 440, social workers, clinical marriage and family therapists or clinical professional counselors certified or licensed under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or dietitians certified under subch. V of ch. 448.

SB203, s. 14 Section 14. 252.14 (1) (ar) 7. of the statutes is amended to read:

SB203,8,22 252.14 (1) (ar) 7. A social worker, clinical marriage and family therapist or clinical professional counselor certified or licensed under ch. 457.

SB203, s. 15 Section 15. 440.08 (2) (a) 46m. of the statutes is amended to read:

SB203,8,25 440.08 (2) (a) 46m. Marriage Clinical marriage and family therapist: July 1 of each odd-numbered year; $66.

SB203, s. 16 Section 16. 440.08 (2) (a) 63m. of the statutes is amended to read:

SB203,9,3 440.08 (2) (a) 63m. Professional Clinical professional counselor: July 1 of each odd-numbered year; $55.

SB203, s. 17 Section 17. 450.10 (3) (a) 10. of the statutes is amended to read:

SB203,9,6 450.10 (3) (a) 10. A social worker, clinical marriage and family therapist or clinical professional counselor certified or licensed under ch. 457.

SB203, s. 18 Section 18. Chapter 457 (title) of the statutes is repealed and recreated to read:

SB203,9,9 Chapter 457

SB203,9,12 Social work, marriage and family therapy ANd professional counseling examining board

SB203, s. 19 Section 19. 457.01 (1) of the statutes is renumbered 457.01 (1m).

SB203, s. 20 Section 20. 457.01 (1e) of the statutes is created to read:

SB203,9,16 457.01 (1e) "Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the certification section.

SB203, s. 21 Section 21. 457.01 (1o) of the statutes is created to read:

SB203,9,19 457.01 (1o) "Certification section" means the certification section of the examining board.

SB203, s. 22 Section 22. 457.01 (1r) of the statutes is created to read:

SB203,9,25 457.01 (1r) "Clinical social work" means providing services without supervision for the diagnosis, treatment and prevention of mental and emotional disorders in individuals, families and groups, to restore, maintain and enhance social functioning through treatment interventions that include psychosocial evaluation, counseling of individuals, families or groups, referral to community resources, advocacy, facilitation of organizational change to meet social needs and individual, marital or group psychotherapy.

SB203, s. 23 Section 23. 457.01 (1s) of the statutes is created to read:

SB203,10,5 457.01 (1s) "Clinical social worker" means an individual who holds a license to practice clinical social work granted by the licensure section.

SB203, s. 24 Section 24. 457.01 (1w) of the statutes is created to read:

SB203,10,8 457.01 (1w) "Credential" means a license, certificate or permit granted under this chapter.

SB203, s. 25 Section 25. 457.01 (2) of the statutes is amended to read:

SB203,10,12 457.01 (2) "Examining board" means the social work, marriage and family therapy and professional counseling examining board of social workers, marriage and family therapists and professional counselors.

SB203, s. 26 Section 26. 457.01 (2g) of the statutes is created to read:

SB203,10,15 457.01 (2g) "Independent social worker" means an individual who holds an independent social worker certificate granted by the certification section.

SB203, s. 27 Section 27. 457.01 (2r) of the statutes is created to read:

SB203,10,17 457.01 (2r) "Licensee" means a person who is licensed under this chapter.

SB203, s. 28 Section 28. 457.01 (2w) of the statutes is created to read:

SB203,10,20 457.01 (2w) "Licensure section" means the licensure section of the examining board.

SB203, s. 29 Section 29. 457.01 (3) of the statutes is renumbered 457.01 (1p) and amended to read:

SB203,10,25 457.01 (1p) "Marriage Clinical marriage and family therapist" means an individual who practices holds a license to practice marriage and family therapy granted by the licensure section.

SB203, s. 30 Section 30. 457.01 (4) of the statutes is repealed.

SB203, s. 31 Section 31. 457.01 (7) of the statutes is renumbered 457.01 (1q) and amended to read:

SB203,11,6 457.01 (1q) "Professional Clinical professional counselor" means an individual who practices holds a license to practice professional counseling granted by the licensure section.

SB203, s. 32 Section 32. 457.01 (8) of the statutes is repealed.

SB203, s. 33 Section 33. 457.01 (8m) of the statutes is repealed and recreated to read:

SB203,11,14 457.01 (8m) "Psychotherapy" means the treatment, diagnosis, testing, assessment or counseling in a professional relationship to assist individuals or groups in alleviating mental or emotional disorders, understanding unconscious or conscious motivation, resolving emotional, relationship or attitudinal conflicts or modifying behavior that interferes with effective emotional, social or intellectual functioning.

SB203, s. 34 Section 34. 457.01 (9) of the statutes is amended to read:

SB203,11,25 457.01 (9) "Social work" means applying psychosocial , psychotherapeutic or counseling principles, methods or procedures in the assessment, evaluation, or psychosocial or psychotherapeutic diagnosis, prevention, treatment or resolution of a difficulty in the social, psychological, personal, emotional or mental disorder functioning of an individual, couple, family, group of individuals or community, including the enhancement or restoration of, or the creation of societal conditions favorable to the enhancement or restoration of, the capacity of an individual, couple, family, group of individuals or community for social functioning or the delivery of services to a group of individuals or a community to assist the group or community in providing or improving the provision of social or health services to others.

SB203, s. 35 Section 35. 457.01 (10) of the statutes is amended to read:

SB203,12,3 457.01 (10) "Social worker" means an individual who practices holds a social work worker certificate granted by the certification section.

SB203, s. 36 Section 36. 457.01 (11) of the statutes is repealed.

SB203, s. 37 Section 37. 457.02 (1) to (5) of the statutes are amended to read:

SB203,12,14 457.02 (1) Require any individual to be certified or licensed under this chapter in order to use the title "pastoral counselor", "investment counselor", "vocational counselor", "career counselor", "alcohol and drug counselor" or, "chemical dependency counselor" or "employe assistance counselor", or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, clinical marriage and family therapy or clinical professional counseling.

SB203,12,18 (2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified as a social worker or professional counselor or licensed under this chapter in order to use the title "school social worker" or "school counselor".

SB203,13,2 (3) Require a person who is licensed as a psychologist under ch. 455 or who is a psychiatrist, as defined in s. 146.34 (1) (h), to be certified as a marriage and family therapist or professional counselor licensed under this chapter in order to use the title "clinical marriage and family therapist", "marriage and family therapist", "marriage and family counselor", "clinical professional counselor" or "professional counselor" if the psychologist or psychiatrist does not use the term "licensed", "certified" or "registered" or any similar term in connection with the title "clinical marriage and family therapist", "marriage and family therapist", "marriage and family counselor", "clinical professional counselor" or "professional counselor".

SB203,13,6 (4) Authorize any individual who is certified as a social worker or professional counselor or licensed under this chapter to use the title "school social worker" or "school counselor" unless the individual is licensed as a school social worker or school counselor by the department of public instruction.

SB203,13,11 (5) Authorize any individual who is certified or licensed under this chapter to use the title "alcohol and drug counselor" or "chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department of health and family services.

SB203, s. 38 Section 38. 457.02 (6) of the statutes is created to read:

SB203,13,13 457.02 (6) Require a credential for a person to do any of the following:

SB203,13,16 (a) Lawfully practice within the scope of a license, permit, registration or certificate granted by this state or the federal government, including practicing psychotherapy under such a license, permit, registration or certificate.