AB206: Bill Text

AB206, s. 67 Section 67. 457.12 (3) (b) 1., 2., 3. and 4. of the statutes are created to read:

AB206,26,5 457.12 (3) (b) 1. An individual licensed as a professional counselor who has received a doctorate degree in professional counseling.

AB206,26,7 2. An individual licensed as a professional counselor who has engaged in the equivalent of 5 years of full-time clinical professional counseling practice.

AB206,26,8 3. A psychiatrist or a psychologist licensed under ch. 455.

AB206,26,12 4. An individual, other than an individual specified in subd. 1., 2., or 3., who is approved by the professional counselor section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional counselor section

AB206, s. 68 Section 68. 457.13 (2) of the statutes is amended to read:

AB206,26,20 457.13 (2) A professional counselor training certificate is valid for 24 months or until the date on which the holder of the certificate ceases to be employed in a position specified in sub. (1) (d), whichever occurs first, and may not be renewed by the professional counselor section. A Notwithstanding s. 457.04 (6), a professional counselor training certificate 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 is valid.

AB206, s. 69 Section 69. 457.14 of the statutes is renumbered 457.14 (1) (intro.) and amended to read:

AB206,27,3 457.14 Temporary certificates. (1) (intro.) 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, marriage and family therapist, or professional counselor certificate or license to any individual who satisfies does one of the following:

AB206,27,6 (a) Satisfies the requirements under s. 457.08 (1) (a) and (b), 457.10 (1) to (3) or 457.12 (1) to (3) and has submitted an application to take the next available examination for certification under s. 457.08 (1) (c), 457.10 (4) or 457.12 (4).

AB206,27,9 (2) A temporary certificate granted under this section sub. (1) 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.

AB206, s. 70 Section 70. 457.14 (1) (b), (c), (d), (e) and (f) of the statutes are created to read:

AB206,27,13 457.14 (1) (b) Satisfies the requirements under s. 457.08 (2) (a) and (b) and has submitted an application to take the next available examination for certification under s. 457.08 (2) (c).

AB206,27,16 (c) Satisfies the requirements under s. 457.08 (3) (a) to (c) and has submitted an application to take the next available examination for certification under s. 457.08 (3) (d).

AB206,27,19 (d) Satisfies the requirements under s. 457.08 (4) (a) to (c) and has submitted an application to take the next available examination for licensure under s. 457.08 (4) (d).

AB206,27,21 (e) Satisfies the requirements under s. 457.10 (1) to (3) and has submitted an application to take the next available examination for licensure under s. 457.10 (4).

AB206,27,23 (f) Satisfies the requirements under s. 457.12 (1) to (3) and has submitted an application to take the next available examination for licensure under s. 457.12 (4).

AB206, s. 71 Section 71. 457.15 (title) of the statutes is amended to read:

AB206,27,25 457.15 (title) Reciprocal certificates and licenses.

AB206, s. 72 Section 72. 457.15 (1) (intro.) of the statutes is amended to read:

AB206,28,3 457.15 (1) (intro.) Upon application and payment of the fee specified in s. 440.05 (2), the social worker section shall may do all of the following:

AB206, s. 73 Section 73. 457.15 (1) (a) of the statutes is amended to read:

AB206,28,10 457.15 (1) (a) Grant a social worker certificate to any individual who holds a similar certificate in another state or territory of the United States and who passes an examination approved by the social worker section that tests knowledge of state law relating to social work, if the social worker 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).

AB206, s. 74 Section 74. 457.15 (1) (b) of the statutes is amended to read:

AB206,28,18 457.15 (1) (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 and who passes an examination approved by the social worker section that tests knowledge of state law relating to advanced practice social work, if the social worker 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).

AB206, s. 75 Section 75. 457.15 (1) (c) of the statutes is amended to read:

AB206,29,2 457.15 (1) (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 and who passes an examination approved by the social worker section that tests knowledge of state law relating to independent social work, if the social worker 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).

AB206, s. 76 Section 76. 457.15 (1) (d) of the statutes is amended to read:

AB206,29,11 457.15 (1) (d) Grant an independent a clinical social worker certificate license to any individual who is certified under par. (a) or under s. 457.08 (1) and who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the social worker section that tests knowledge of state law relating to clinical social work, if the social worker section determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.08 (4).

AB206, s. 77 Section 77. 457.15 (2) of the statutes is amended to read:

AB206,29,21 457.15 (2) Upon application and payment of the fee specified in s. 440.05 (2), the marriage and family therapist section shall may grant a marriage and family therapist certificate license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the marriage and family therapist section that tests knowledge of state law relating to marriage and family therapy, if the marriage and family therapist section determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.10.

AB206, s. 78 Section 78. 457.15 (3) of the statutes is amended to read:

AB206,30,5 457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2), the professional counselor section shall may grant a professional counselor certificate license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the professional counselor section that tests knowledge of state law relating to professional counseling, if the professional counselor section determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.12.

AB206, s. 79 Section 79. 457.16 (1) of the statutes is amended to read:

AB206,30,13 457.16 (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, marriage and family therapist, and 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.

AB206, s. 80 Section 80. 457.16 (2) of the statutes is amended to read:

AB206,30,19 457.16 (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, marriage and family therapy, or professional counseling, as appropriate.

AB206, s. 81 Section 81. 457.16 (3) of the statutes is amended to read:

AB206,31,2 457.16 (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.), and (a) and (b), (3) (intro.) and (a) to (c) or (4) (intro.) and , (a) to (c), and (b), 457.10 (1) to (3) and (2), or 457.12 (1) to (3) and (2) 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).

AB206, s. 82 Section 82. 457.20 (1) and (2) of the statutes are amended to read:

AB206,31,5 457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter.

AB206,31,8 (2) The renewal dates for certificates and licenses granted under this chapter, other than certificates granted under ss. 457.13 and 457.14 training certificates or temporary certificates or licenses, are specified under s. 440.08 (2) (a).

AB206, s. 83 Section 83. 457.20 (3) (c) of the statutes is amended to read:

AB206,31,16 457.20 (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 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.

AB206, s. 84 Section 84. 457.20 (4) of the statutes is amended to read:

AB206,31,23 457.20 (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.

AB206, s. 85 Section 85. 457.22 of the statutes is renumbered 457.22 (1) (intro.) and amended to read:

AB206,32,2 457.22 (1) (intro.) The examining board may promulgate do any of the following:

AB206,32,7 (a) Upon the advice of the social worker section, promulgate rules establishing requirements and procedures for certificate holders social workers, advanced practice social workers, independent social workers, and clinical social workers to complete continuing education programs or courses of study in order to qualify for renewal.

AB206,32,13 (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.

AB206, s. 86 Section 86. 457.22 (1) (b) and (c) of the statutes are created to read:

AB206,32,18 457.22 (1) (b) Upon the advice of the marriage and family therapist section, promulgate rules establishing requirements and procedures for marriage and family therapists to complete continuing education programs or courses of study in order to qualify for renewal.

AB206,32,21 (c) Upon the advice of the professional counselor section, promulgate rules establishing requirements and procedures for professional counselors to complete continuing education programs or courses of study in order to qualify for renewal.

AB206, s. 87 Section 87. 457.23 of the statutes is created to read:

AB206,33,5 457.23 Duty to consult or refer. A clinical social worker, marriage and family therapist, or professional counselor who treats an individual and who determines that the individual requires additional treatment that is outside the scope of practice of clinical social work, marriage and family therapy, or professional counseling, may continue to treat the individual only if the clinical social worker, marriage and family therapist, or professional counselor consults with, or refers the individual to, a health care practitioner who is authorized to provide the additional treatment.

AB206, s. 88 Section 88. 457.24 of the statutes is created to read:

AB206,33,12 457.24 Professional liability insurance. A person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this chapter may not practice clinical social work, marriage and family therapy, or professional counseling unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this section.

AB206, s. 89 Section 89. 457.25 of the statutes is amended to read:

AB206,33,25 457.25 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, marriage and family therapy, or 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.

AB206,34,11 (2) Any state or local professional society or organization of social workers, marriage and family therapists, or 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, marriage and family therapy, or 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.

AB206,34,19 (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.

AB206,35,2 (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.

AB206,35,11 (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.

AB206,35,19 (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.

AB206, s. 90 Section 90. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:

AB206,35,25 457.26 (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:

AB206,36,2 (a) Made a material misstatement in an application for a certificate credential or for renewal of a certificate credential.

AB206,36,6 (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, marriage and family therapy, or professional counseling.

AB206, s. 91 Section 91. 457.26 (2) (e) of the statutes is amended to read:

AB206,36,11 457.26 (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, marriage and family therapy, or professional counseling while his or her ability to practice was impaired by alcohol or other drugs.

AB206, s. 92 Section 92. 457.26 (2) (g) of the statutes is amended to read:

AB206,36,18 457.26 (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) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.

AB206, s. 93 Section 93. 609.655 (3) (a) of the statutes is amended to read:

AB206,36,24 609.655 (3) (a) A clinical assessment of the dependent student's nervous or mental disorders or alcoholism or other drug abuse problems, conducted by a provider described in s. 632.89 (1) (e) 2. or, 3., or 4. who is located in this state and in reasonably close proximity to the school in which the dependent student is enrolled and who may be designated by the managed care plan.

AB206, s. 94 Section 94. 609.71 of the statutes is created to read:

AB206,37,2 609.71 Coverage of psychotherapy providers. Managed care plans are subject to s. 632.87 (6).

AB206, s. 95 Section 95. 632.87 (1) of the statutes is amended to read:

AB206,37,8 632.87 (1) No insurer may refuse to provide or pay for benefits for health care services provided by a licensed health care professional on the ground that the services were not rendered by a physician as defined in s. 990.01 (28), unless the contract clearly excludes services by such practitioners, but no contract or plan may exclude services in violation of sub. (2), (2m), (3), (4) or, (5), or (6).

AB206, s. 96 Section 96. 632.87 (6) of the statutes is created to read:

AB206,37,11 632.87 (6) (a) In this subsection, "psychotherapy" has the meaning given in s. 457.01 (8m).

AB206,37,19 (b) No policy, plan, or contract that covers psychotherapy services may exclude or refuse to provide coverage for psychotherapy services performed by a clinical social worker licensed under ch. 457, a marriage and family therapist licensed under ch. 457, or a professional counselor licensed under ch. 457, within the scope of the clinical social worker's, marriage and family therapist's, or professional counselor's professional license, if the policy, plan, or contract includes coverage for psychotherapy services performed by another health care provider, as defined in s. 146.81 (1).

AB206, s. 97 Section 97. 632.89 (1) (e) 4. of the statutes is created to read:

AB206,37,23 632.89 (1) (e) 4. A clinical social worker who is licensed under ch. 457, a marriage and family therapist who is licensed under ch. 457, or a professional counselor who is licensed under ch. 457.

AB206, s. 98 Section 98. 905.04 (1) (bm) of the statutes is amended to read:

AB206,38,3 905.04 (1) (bm) "Marriage and family therapist" means an individual who is certified licensed as a marriage and family therapist under ch. 457 or an individual reasonably believed by the patient to be a marriage and family therapist.

AB206, s. 99 Section 99. 905.04 (1) (dm) of the statutes is amended to read:

AB206,38,7 905.04 (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.

AB206, s. 100 Section 100. 905.04 (1) (g) of the statutes is amended to read:

AB206,38,13 905.04 (1) (g) "Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker under ch. 457 or an individual reasonably believed by the patient to be a social worker, advanced practice social worker, independent social worker, or clinical social worker.