SB203: Bill Text

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 Chapter 457 (title) of the statutes is repealed and recreated to read: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.

SB203,13,20 (b) Provide a consultation or demonstration with an individual licensed under this chapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling or clinical social work in another state or territory of the United States.

SB203, s. 39 Section 39. 457.03 of the statutes is renumbered 457.03 (1), and 457.03 (1) (a), (b) and (c), as renumbered, are amended to read:

SB203,14,5 457.03 (1) (a) Upon the advice of the social worker certification section, marriage and family therapist section and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification under this chapter and for supervised clinical training that must be completed for certification as an independent clinical social worker, marriage and family therapist or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.

SB203,14,20 (b) Upon the advice of the social worker certification section, marriage and family therapist section and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders. The rules shall specify the services included within the practice of social work, advanced practice social work or independent social work that an individual who is certified under this chapter as a social worker, advanced practice social worker, or independent social worker or independent clinical social worker is qualified to may perform and the degree of supervision, if any, required to perform those services. The rules may not permit a certificate holder to engage in psychotherapy unless the individual is certified under this chapter as an advanced practice social worker, independent social worker, independent clinical social worker, marriage and family therapist or professional counselor and has engaged in the equivalent of at least 2 years of full-time supervised social work, marriage and family therapy or professional counseling clinical practice after receiving the master's or doctorate degree required under s. 457.08 (3) (b) or (4) (b), 457.10 (2) or 457.12 (2).

SB203,15,2 (c) Upon the advice of the social worker certification section, promulgate rules establishing levels of advanced social work practice, in addition to the levels of practice for which certificates are granted under s. 457.08 (2) to (4) and (3), and establishing appropriate educational, training, experience, examination and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection paragraph.

SB203, s. 40 Section 40. 457.03 (1), (ae), (am) and (as) of the statutes are created to read:

SB203,15,8 457.03 (1) (ae) Upon the advice of the members of the licensure section who are clinical social workers, promulgate rules establishing minimum standards for educational programs that must be completed for licensure as clinical social workers under this chapter and approve educational programs in accordance with those standards.

SB203,15,13 (am) Upon the advice of the members of the licensure section who are clinical marriage and family therapists, promulgate rules establishing minimum standards for educational programs that must be completed for licensure as clinical marriage and family therapists under this chapter and approve educational programs in accordance with those standards.

SB203,15,18 (as) Upon the advice of the members of the licensure section who are clinical professional counselors, promulgate rules establishing minimum standards for educational programs that must be completed for licensure as clinical professional counselors under this chapter and approve educational programs in accordance with those standards.

SB203, s. 41 Section 41. 457.03 (1) (be), (bm) and (bs) of the statutes are created to read:

SB203,15,22 457.03 (1) (be) Upon the advice of the members of the licensure section who are clinical social workers, promulgate rules establishing a code of ethics to govern the professional conduct of clinical social workers.

SB203,15,25 (bm) Upon the advice of the members of the licensure section who are clinical marriage and family therapists, promulgate rules establishing a code of ethics to govern the professional conduct of clinical marriage and family therapists.

SB203,16,3 (bs) Upon the advice of the members of the licensure section who are clinical professional counselors, promulgate rules establishing a code of ethics to govern the professional conduct of clinical professional counselors.

SB203, s. 42 Section 42. 457.03 (1) (d) and (e) of the statutes are created to read:

SB203,16,8 457.03 (1) (d) Promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter is qualified to perform. A certificate holder or licensee may not engage in psychometric testing except as provided under the rules promulgated under this paragraph.

SB203,16,10 (e) Promulgate rules establishing the educational and practice requirements that are specified in ss. 457.08 (4) (c) 3., 457.10 (3) (c) and 457.12 (3) (a) 3. and (b) 3.

SB203, s. 43 Section 43. 457.03 (1) (f) of the statutes is created to read:

SB203,16,16 457.03 (1) (f) Study the need to allow other health care professionals to practice psychotherapy. If the examining board determines that there is a need for such authority, the examining board shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report that includes any proposals for legislation.

SB203, s. 44 Section 44. 457.03 (2m) of the statutes is created to read:

SB203,16,20 457.03 (2m) The examining board may not promulgate rules under sub. (1) that permit an individual to engage in psychotherapy unless one of the following applies:

SB203,16,22 (a) The individual is licensed under this chapter as a clinical social worker, clinical marriage and family therapist or clinical professional counselor.

SB203,16,25 (b) The individual is certified as an advanced practice or independent social worker and the individual engages in psychotherapy only under the supervision of a clinical social worker who is licensed under this chapter.

SB203, s. 45 Section 45. 457.04 (1) to (4) of the statutes are amended to read:

SB203,17,5 457.04 (1) Use Designate himself or herself as a social worker or use or assume the title "social worker" or any other title or designation that represents or may tend to represent the person as a social worker unless the person is certified as a social worker under this chapter.

SB203,17,11 (2) Use Designate himself or herself as an advanced practice social worker or use or assume the title "advanced practice social worker" or any other title or designation that represents or may tend to represent the person as an advanced practice social worker unless the person is certified or licensed as an advanced practice social worker, independent social worker or independent clinical social worker under this chapter.

SB203,17,16 (3) Use Designate himself or herself as an independent social worker or use or assume the title "independent social worker" or any other title or designation that represents or may tend to represent the person as an independent social worker unless the person is certified or licensed as an independent social worker or independent clinical social worker under this chapter.

SB203,17,21 (4) Use Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title "independent clinical social worker" or "clinical social worker" or any other title or designation that represents or may tend to represent the person as a clinical social worker unless the person is certified licensed as an independent a clinical social worker under this chapter.

SB203, s. 46 Section 46. 457.04 (5) of the statutes is amended to read:

SB203,18,3 457.04 (5) Use Practice marriage and family therapy or designate himself or herself as a clinical marriage and family therapist or marriage and family therapist or use or assume the title "clinical marriage and family therapist", "marriage and family therapist", "marriage and family counselor" or any similar other title or designation that represents or may tend to represent the person as a clinical marriage and family therapist unless any of the following applies:

SB203,18,5 (a) The person is certified licensed as a clinical marriage and family therapist under this chapter.

SB203,18,8 (b) The person is certified licensed as an independent a clinical social worker under this chapter and initially became certified as an independent clinical social worker under this chapter ch. 457, 1997 stats., on or before May 31, 1995.

SB203, s. 47 Section 47. 457.04 (6) of the statutes is amended to read:

SB203,18,16 457.04 (6) Use Practice professional counseling or designate himself or herself as a clinical professional counselor or professional counselor or use or assume the title "clinical professional counselor", "professional counselor", "professional rehabilitation counselor", "vocational rehabilitation counselor" or, "rehabilitation counselor" or any similar other title or designation that represents or may tend to represent the person as a clinical professional counselor unless the person is certified licensed as a clinical professional counselor under this chapter.

SB203, s. 48 Section 48. 457.04 (7) of the statutes is created to read:

SB203,18,20 457.04 (7) Practice psychotherapy unless the person is licensed under this chapter or unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under s. 457.03 (1) and (2m).

SB203, s. 49 Section 49. 457.06 (intro.) and (1) of the statutes are amended to read:

SB203,18,25 457.06 General requirements for certification or licensure. (intro.) The social worker section, marriage and family therapist section or professional counselor certification or licensure section may not grant any certificate or license under this chapter unless the applicant does all of the following:

SB203,19,2 (1) Submits an application for the certificate or license to the department on a form provided by the department.

SB203, s. 50 Section 50. 457.08 (title) of the statutes is amended to read:

SB203,19,5 457.08 (title) Social worker certificate and advanced practice certificates and licenses.

SB203, s. 51 Section 51. 457.08 (1) (intro.) of the statutes is amended to read:

SB203,19,9 457.08 (1) Social worker certificate. (intro.) The social worker certification section shall grant a social worker certificate to an individual who qualifies under s. 457.09 (5) (d) or to any individual who does all of the following:

SB203, s. 52 Section 52. 457.08 (1) (b) of the statutes is amended to read:

SB203,19,14 457.08 (1) (b) Submits evidence satisfactory to the social worker certification section that he or she has received a bachelor's or master's degree in social work from a program accredited by, or a preaccreditation program of, the council on social work education or a doctorate degree in social work.

SB203, s. 53 Section 53. 457.08 (1) (c) of the statutes is amended to read: