SB673: Bill Text

LRB-4804/1

DAK:wlj:rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 673

March 23, 2006 - Introduced by Senators Roessler, Harsdorf, Carpenter, Brown, Darling, Kanavas, Kedzie, Schultz and Zien, cosponsored by Representatives Kreuser, Fields, Nelson, Seidel, Hebl, Lehman and Berceau. Referred to Committee on Health, Children, Families, Aging and Long Term Care.

SB673,1,8 An Act to repeal 440.75 (3) (a) 4.; to renumber and amend 440.75 (1) (a), 440.75 (1) (b), 440.75 (3) (a) 1., 440.75 (3) (a) 2., 440.75 (3) (a) 3., 440.75 (3) (a) 7. and 440.75 (4); to amend 440.08 (2) (a) 9m., 457.02 (5) and 457.02 (5m); to create 440.88 (1) (am), 440.88 (3) (a) 4m., 440.88 (3) (a) 8., 440.88 (9), 440.88 (10) and 440.88 (11) of the statutes; and to affect 2005 Wisconsin Act 25, section 9121 (12s) (a) 1. to 6. and 2005 Wisconsin Act 25, section 9421 (10q); relating to: certification of substance abuse counselors, clinical supervisors, and prevention specialists and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, as affected by 2005 Wisconsin Act 25 (the biennial budget act), the Department of Regulation and Licensing (DORL) is in 2006 required to promulgate rules that establish minimum standards and qualifications for the certification of clinical supervisors, substance abuse counselors, and prevention specialists and to certify individuals who meet the applicable standards and qualifications. Numerous subcategories of certification exist within the categories of clinical supervisors, substance abuse counselors, and prevention specialists.

Effective December 15, 2006, this bill modifies the titles of some of the subcategories of clinical supervisors, substance abuse counselors, and prevention specialists, creates the subcategory of prevention specialist-in-training, and limits renewals of certification for clinical supervisors-in-training, substance abuse counselors-in-training, and prevention specialists-in-training.

The bill authorizes DORL to establish a minimum number of hours of continuing education to be required for certification renewal and continuing educational topic areas. The bill also authorizes DORL to require continuing education as part of any disciplinary process for an individual. However, the bill requires DORL to establish criteria for approval of continuing education programs and courses and for approval of sponsors and cosponsors of the programs and courses and to approve programs and courses in accordance with these criteria.

The bill requires DORL to promulgate rules establishing minimum standards for the practice of substance abuse counseling, supervision, and prevention.

Lastly, the bill clarifies the effective date for provisions concerning certification of clinical supervisors, substance abuse counselors, and prevention specialists enacted under the biennial budget act.

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:

SB673, s. 1 Section 1. 440.08 (2) (a) 9m. of the statutes, as created by 2005 Wisconsin Act 25, is amended to read:

SB673,2,5 440.08 (2) (a) 9m. Substance abuse counselor, clinical supervisor, or prevention specialist: except as limited in s. 440.88 (4), March 1 of each odd-numbered year; $70.

SB673, s. 2 Section 2. 440.75 (1) (a) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (1) (a) and amended to read:

SB673,2,10 440.88 (1) (a) "Clinical supervisor" means a basic clinical supervisor supervisor-in-training, an intermediate clinical supervisor, or an independent clinical supervisor.

SB673, s. 3 Section 3. 440.75 (1) (b) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (1) (b) and amended to read:

SB673,3,3 440.88 (1) (b) "Substance abuse counselor" means a basic substance abuse counselor, an intermediate counselor-in-training, a substance abuse counselor, or an independent a clinical substance abuse counselor.

SB673, s. 4 Section 4. 440.75 (3) (a) 1. of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (3) (a) 1. and amended to read:

SB673,3,7 440.88 (3) (a) 1. Basic substance Substance abuse counselors counselors-in-training.

SB673, s. 5 Section 5. 440.75 (3) (a) 2. of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (3) (a) 2. and amended to read:

SB673,3,10 440.88 (3) (a) 2. Intermediate substance Substance abuse counselors.

SB673, s. 6 Section 6. 440.75 (3) (a) 3. of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (3) (a) 3. and amended to read:

SB673,3,13 440.88 (3) (a) 3. Independent Clinical substance abuse counselors.

SB673, s. 7 Section 7. 440.75 (3) (a) 4. of the statutes, as created by 2005 Wisconsin Act 25, is repealed.

SB673, s. 8 Section 8. 440.75 (3) (a) 7. of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (3) (a) 7. and amended to read:

SB673,3,18 440.88 (3) (a) 7. Prevention specialists specialists-in-training.

SB673, s. 9 Section 9. 440.75 (4) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 440.88 (4) and amended to read:

SB673,4,4 440.88 (4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in s. 440.05 (1). The renewal date and renewal fee for certification as a substance abuse counselor, clinical supervisor, or prevention specialist are specified under s. 440.08 (2) (a). Renewal of certification as a substance abuse counselor-in-training, a clinical supervisor-in-training, or a prevention specialist-in-training may be made only twice.

SB673, s. 10 Section 10. 440.88 (1) (am) of the statutes is created to read:

SB673,4,7 440.88 (1) (am) "Prevention specialist" means a prevention specialist-in-training or a prevention specialist.

SB673, s. 11 Section 11. 440.88 (3) (a) 4m. of the statutes is created to read:

SB673,4,9 440.88 (3) (a) 4m. Clinical supervisors-in-training.

SB673, s. 12 Section 12. 440.88 (3) (a) 8. of the statutes is created to read:

SB673,4,11 440.88 (3) (a) 8. Prevention specialists.

SB673, s. 13 Section 13. 440.88 (9) of the statutes is created to read:

SB673,4,13 440.88 (9) Continuing education. The department may do all of the following:

SB673,4,16 (a) Establish the minimum number of hours of continuing education required for renewal of certification under this section and the topic areas that the continuing education must cover.

SB673,4,18 (b) Require continuing education as part of any disciplinary process for an individual.

SB673, s. 14 Section 14. 440.88 (10) of the statutes is created to read:

SB673,5,2 440.88 (10) Continuing education course approval. The department shall establish the criteria for the approval of continuing education programs and courses required for renewal of certification of a substance abuse counselor, clinical supervisor, or prevention specialist and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses. The department shall approve continuing education programs and courses in accordance with the criteria established under this subsection.

SB673, s. 15 Section 15. 440.88 (11) of the statutes is created to read:

SB673,5,6 440.88 (11) Scope of practice. The department shall promulgate rules establishing minimum standards for the practice of substance abuse counseling, supervision, and prevention.

SB673, s. 16 Section 16. 457.02 (5) of the statutes is amended to read:

SB673,5,12 457.02 (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.

SB673, s. 17 Section 17. 457.02 (5m) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB673,5,22 457.02 (5m) Authorize any individual who is certified or licensed under this chapter to treat alcohol or substance dependency or abuse as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.75 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.75 440.88.