SB96: Bill Text

SB96, s. 19 Section 19. 440.03 (14) (am) of the statutes is created to read:

SB96,10,19 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the fee specified in s. 440.05 (1) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

SB96, s. 20 Section 20. 440.03 (14) (b) of the statutes is amended to read:

SB96,11,3 440.03 (14) (b) A person who is registered under par. (a) shall notify the department in writing within 30 days if an organization specified in par. (a) 1. a., 2. a. or 3. a. revokes the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. The department shall revoke a certificate of registration granted under par. (a) if such an organization revokes such a certification, registration, or accreditation. If the department revokes the certificate of registration of a person who also holds a license granted under the rules promulgated under par. (am), the department shall also revoke the license.

SB96, s. 21 Section 21. 440.03 (14) (c) of the statutes is amended to read:

SB96,11,10 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a. or 3. a. has not been revoked.

SB96, s. 22 Section 22. 440.03 (14) (d) of the statutes is amended to read:

SB96,11,16 440.03 (14) (d) The department shall promulgate rules that specify the services within the scope of practice of music, art, or dance therapy that a person who is registered under par. (a) is qualified to perform. The rules may not allow a person registered under par. (a) to perform psychotherapy unless the person is granted a license under the rules promulgated under par. (am).

SB96, s. 23 Section 23. 440.03 (14) (e) of the statutes is amended to read:

SB96,12,2 440.03 (14) (e) Subject to the rules promulgated under sub. (1), the department may make investigations and conduct hearings to determine whether a violation of this subsection or any rule promulgated under par. (d) has occurred and may reprimand a person who is registered under par. (a) or holds a license granted under the rules promulgated under par. (am) or may deny, limit, suspend , or revoke a certificate of registration granted under par. (a) or a license granted under the rules promulgated under par. (am) if it the department finds that the applicant or certificate or license holder has violated this subsection or any rule promulgated under par. (d).

SB96, s. 24 Section 24. 440.03 (14) (f) of the statutes is amended to read:

SB96,12,7 440.03 (14) (f) A person who is registered under par. (a) or holds a license granted under the rules promulgated under par. (am) who violates this subsection or any rule promulgated under par. (d) may be fined not more than $200 or imprisoned for not more than 6 months or both.

SB96, s. 25 Section 25. 440.08 (2) (a) 67x. of the statutes is created to read:

SB96,12,10 440.08 (2) (a) 67x. Registered music, art, or dance therapist with psychotherapy license: October 1 of each odd-numbered year; $56.

SB96, s. 26 Section 26. 450.10 (3) (a) 10. of the statutes is amended to read:

SB96,12,13 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457.

SB96, s. 27 Section 27. Chapter 457 (title) of the statutes is repealed and recreated to read:

SB96,12,16 Chapter 457

SB96,12,19 marriage and family therapy, professional counseling, and social work examining board

SB96, s. 28 Section 28. 457.01 (1) of the statutes is renumbered 457.01 (1g).

SB96, s. 29 Section 29. 457.01 (1c) of the statutes is created to read:

SB96,12,23 457.01 (1c) "Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the social worker section.

SB96, s. 30 Section 30. 457.01 (1n) of the statutes is created to read:

SB96,13,7 457.01 (1n) "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.

SB96, s. 31 Section 31. 457.01 (1r) of the statutes is created to read:

SB96,13,10 457.01 (1r) "Clinical social worker" means an individual who holds a license to practice clinical social work granted by the social worker section.

SB96, s. 32 Section 32. 457.01 (1w) of the statutes is created to read:

SB96,13,13 457.01 (1w) "Credential" means a license or certificate granted under this chapter.

SB96, s. 33 Section 33. 457.01 (2) of the statutes is amended to read:

SB96,13,17 457.01 (2) "Examining board" means the marriage and family therapy, professional counseling, and social work examining board of social workers, marriage and family therapists and professional counselors.

SB96, s. 34 Section 34. 457.01 (2g) of the statutes is created to read:

SB96,13,20 457.01 (2g) "Independent social worker" means an individual who holds an independent social worker certificate granted by the social worker section.

SB96, s. 35 Section 35. 457.01 (2r) of the statutes is created to read:

SB96,13,22 457.01 (2r) "Licensee" means a person who is licensed under this chapter.

SB96, s. 36 Section 36. 457.01 (3) of the statutes is amended to read:

SB96,14,3 457.01 (3) "Marriage and family therapist" means an individual who practices holds a license to practice marriage and family therapy granted by the marriage and family therapist section.

SB96, s. 37 Section 37. 457.01 (7) of the statutes is amended to read:

SB96,14,7 457.01 (7) "Professional counselor" means an individual who practices holds a license to practice professional counseling granted by the professional counselor section.

SB96, s. 38 Section 38. 457.01 (8e) of the statutes is created to read:

SB96,14,10 457.01 (8e) "Psychiatrist" means a physician licensed under subch. II of ch. 448 who specializes in psychiatry.

SB96, s. 39 Section 39. 457.01 (8m) of the statutes is repealed and recreated to read:

SB96,14,17 457.01 (8m) "Psychotherapy" means the diagnosis and treatment of mental, emotional, or behavioral disorders, conditions, or addictions through the application of methods derived from established psychological or systemic principles for the purpose of assisting people in modifying their behaviors, cognitions, emotions, and other personal characteristics, which may include the purpose of understanding unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.

SB96, s. 40 Section 40. 457.01 (9) of the statutes is amended to read:

SB96,15,3 457.01 (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.

SB96, s. 41 Section 41. 457.01 (10) of the statutes is amended to read:

SB96,15,6 457.01 (10) "Social worker" means an individual who practices holds a social work worker certificate granted by the social worker section.

SB96, s. 42 Section 42. 457.02 (1) to (5) of the statutes are amended to read:

SB96,15,16 457.02 (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 "employee 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, marriage and family therapy, or professional counseling.

SB96,15,20 (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".

SB96,16,3 (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 "marriage and family therapist", "marriage and family 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 "marriage and family therapist", "marriage and family counselor" , or "professional counselor".

SB96,16,7 (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.

SB96,16,12 (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.

SB96, s. 43 Section 43. 457.02 (6) of the statutes is created to read:

SB96,16,14 457.02 (6) Require a credential for a person to do any of the following:

SB96,16,17 (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.

SB96,16,18 (b) Practice psychotherapy, if the person satisfies one of the following:

SB96,16,21 1. The person is registered as music, art, or dance therapist under s. 440.03 (14) (a) and the person holds a valid license granted by the department under s. 440.03 (14) (am).

SB96,17,3 2. The person is a mental health professional who meets all of the qualifications under s. HFS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health and family services under s. HFS 61.95, Wis. Adm. Code, if the person's practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.

SB96,17,7 (c) 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.

SB96, s. 44 Section 44. 457.03 (1), (2) and (3) of the statutes are amended to read:

SB96,17,16 457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for certification as an independent licensure as a 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.

SB96,18,6 (2) Upon the advice of the social worker 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).

SB96,18,13 (3) Upon the advice of the social worker section, promulgate rules establishing levels of advanced social work practice for individuals with master's or doctoral degrees in social work, 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.

SB96, s. 45 Section 45. 457.033 of the statutes is created to read:

SB96,18,23 457.033 Psychometric testing. The examining board marriage and family therapy, professional counseling, and social work and the psychology examining board shall jointly 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. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder or licensee may not engage in psychometric testing except as provided under the rules promulgated under this section.

SB96, s. 46 Section 46. 457.035 of the statutes is created to read:

SB96,19,3 457.035 Psychotherapy rules. The examining board may not promulgate rules under s. 457.03 that permit an individual to engage in psychotherapy unless one of the following applies:

SB96,19,5 (1) The individual is licensed under this chapter as a clinical social worker, marriage and family therapist, or professional counselor.

SB96,19,8 (2) 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.

SB96, s. 47 Section 47. 457.04 (1) to (4) of the statutes are amended to read:

SB96,19,13 457.04 (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.

SB96,19,19 (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 as an advanced practice social worker, independent social worker or independent clinical social worker under this chapter.

SB96,19,24 (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 as an independent social worker or independent clinical social worker under this chapter.

SB96,20,8 (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 or unless the person is certified under this chapter as an advanced practice social worker or independent social worker and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this chapter.

SB96, s. 48 Section 48. 457.04 (5) of the statutes is amended to read:

SB96,20,14 457.04 (5) Use Practice marriage and family therapy or designate himself or herself as a marriage and family therapist or use or assume the title "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 marriage and family therapist unless any of the following applies:

SB96,20,16 (a) The person is certified licensed as a marriage and family therapist under this chapter.

SB96,20,19 (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, 1999 stats., on or before May 31, 1995.

SB96, s. 49 Section 49. 457.04 (6) of the statutes is amended to read:

SB96,21,2 457.04 (6) Use Practice professional counseling or designate himself or herself as a professional counselor or use or assume the title "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 professional counselor unless the person is certified licensed as a professional counselor under this chapter.

SB96, s. 50 Section 50. 457.04 (7) of the statutes is created to read:

SB96,21,6 457.04 (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 ss. 457.03 and 457.035.

SB96, s. 51 Section 51. 457.06 (intro.) and (1) of the statutes are amended to read:

SB96,21,11 457.06 General requirements for certification or licensure. (intro.) The social worker section, marriage and family therapist section, or professional counselor section may not grant any certificate or license under this chapter unless the applicant does all of the following:

SB96,21,13 (1) Submits an application for the certificate or license to the department on a form provided by the department.

SB96, s. 52 Section 52. 457.08 (title) of the statutes is amended to read:

SB96,21,16 457.08 (title) Social worker certificate and advanced practice certificates and licenses.

SB96, s. 53 Section 53. 457.08 (4) (intro.) of the statutes is amended to read:

SB96,21,21 457.08 (4) Independent clinical Clinical social worker certificate license. (intro.) The social worker section shall grant an independent a clinical social worker certificate license to any individual who is certified under sub. (1) and does all of the following: