SB767: Bill Text

SB767,24 Section 24. 448.665 (1) (b) of the statutes is created to read:

SB767,12,14 448.665 (1) (b) Establish requirements for a licensee who is authorized to dispense controlled substances under 21 USC 821 to 831 to complete continuing education programs regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4). The affiliated credentialing board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period.

SB767,25 Section 25. 449.06 (2m) of the statutes is renumbered 449.06 (2m) (intro.) and amended to read:

SB767,12,21 449.06 (2m) (intro.) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements all of the following:

SB767,12,25 (a) Requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.

SB767,26 Section 26. 449.06 (2m) (b) of the statutes is created to read:

SB767,13,6 449.06 (2m) (b) Requirements for optometrists who are authorized to dispense controlled substances under 21 USC 821 to 831 to complete continuing education programs regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4). The examining board shall specify a minimum number of hours of such instruction that must be completed in each 2-year period.

SB767,27 Section 27. 457.02 (5) of the statutes is repealed.

SB767,28 Section 28. 457.02 (5m) of the statutes is repealed.

SB767,29 Section 29. 961.385 (2) (cm) 1. (intro.) of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

SB767,13,15 961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual authorized under s. 457.02 (5m) to treat who treats, within the scope of his or her credential, alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:

SB767,30 Section 30. 961.385 (2) (cm) 2. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

SB767,14,5 961.385 (2) (cm) 2. A person who medically coordinates, directs, or supervises, or establishes standard operating procedures for, a practitioner, pharmacist, registered nurse, substance abuse counselor, or individual authorized under s. 457.02 (5m) to treat alcohol or substance dependency or abuse as a specialty to whom records may be disclosed under subd. 1., if the person is evaluating the job performance of the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual, or is performing quality assessment and improvement activities, including outcomes evaluation or development of clinical guidelines, and if the disclosure does not contain personally identifiable information, as defined in s. 19.62 (5), of a patient and is limited to only those records about the practitioner, pharmacist, registered nurse, substance abuse counselor, or individual the person medically coordinates, directs, or supervises, or for whom the person establishes standard operating procedures.

SB767,31 Section 31. DHS 75.02 (15) of the administrative code is amended to read:

SB767,14,11 DHS 75.02 (15) “Counseling" means the application of recognized theories, principles, techniques and strategies to manage and facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities as described in s. SPS 166.01 (3) 160.02 (10m) or s. MPSW 2.01 (10).

SB767,32 Section 32. DHS 75.02 (84) (d) of the administrative code is amended to read:

SB767,14,14 DHS 75.02 (84) (d) A s. MPSW 1.09 specialty An individual who holds a credential under ch. 457, Stats., granted by DSPS.

SB767,33 Section 33. DHS 75.03 (4) (e) of the administrative code is amended to read:

SB767,14,22 DHS 75.03 (4) (e) All Any staff who provide provides clinical supervision shall fulfill the requirements established, as defined in s. SPS 160.02 (6) and, shall hold a certificate from DSPS as required be a clinical supervisor, as defined in s. SPS 160.02 (7), except for a physician knowledgeable in addiction treatment, licensed psychologist with a knowledge of psychopharmacology and addiction treatment, or professional possessing the s. MPSW 1.09 subspecialty a credential under ch. 457, Stats.

SB767,34 Section 34. MPSW 1.09 of the administrative code is repealed.

SB767,35 Section 35. Chapter SPS 160 (title) of the administrative code is amended to read:

SB767,15,1 Chapter SPS 160

SB767,15,2 APPLICABILITY AND DEFINITIONS

SB767,36 Section 36. SPS 160.015 of the administrative code is created to read:

SB767,15,11 SPS 160.015 Applicability. (1) Except as provided in sub. (2), no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under s. 440.88, Stats.

SB767,15,12 (2) Chapters SPS 160 to 168 do not apply to any of the following:

SB767,15,15 (a) A physician, as defined in s. 448.01 (5), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,15,18 (b) A clinical social worker, as defined in s. 457.01 (1r), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,15,21 (c) A licensed psychologist, as defined in s. 455.01 (4), Stats., who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,15,25 (d) A marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB767,16,5 (e) The preparation of a patient for substance use disorder treatment by referral, the treatment of a patient for substance use disorder until a referral for substance use disorder treatment is completed, and the continuation of treatment with the nonsubstance use disorder issues of a person, when performed by a mental health provider practicing within the scope of his or her credential.

SB767,37 Section 37. SPS 160.02 (2m) of the administrative code is created to read:

SB767,16,13 SPS 160.02 (2m) “Assessment training” means education on the comprehensive process of collecting pertinent data about patients or patient systems and their environment, and appraising the data as a basis for making decisions regarding substance use disorder diagnosis and treatment or referral. The education shall consist of culturally inclusive studies in understanding addiction, psychopharmacology, recognition and differentiation of co-occurring medical and psychological disorders, clinical evaluation, and treatment planning.

SB767,38 Section 38. SPS 160.02 (3) (g) of the administrative code is created to read:

SB767,16,16 SPS 160.02 (3) (g) Marriage and family therapy, as defined in s. 457.01 (5), Stats.

SB767,39 Section 39. SPS 160.02 (3) (h) of the administrative code is created to read:

SB767,16,18 SPS 160.02 (3) (h) Professional counseling, as defined in s. 457.01 (6), Stats.

SB767,40 Section 40. SPS 160.02 (3m) of the administrative code is created to read:

SB767,17,3 SPS 160.02 (3m) “Case management” means education on culturally appropriate administrative, clinical, and evaluative activities included in the process of coordinating and prioritizing patient treatment goals and working with the patient and significant others, as well as other services, agencies, and resources to achieve those treatment goals. The education shall include studies in implementing treatment plans including continuing assessment, the referral process, service coordination, including for co-occurring medical and psychological disorders, record management and documentation, and utilizing the written client record to guide and monitor services to reach measurable goals and objectives.

SB767,41 Section 41. SPS 160.02 (6) of the administrative code is amended to read:

SB767,17,12 SPS 160.02 (6) “Clinical supervision" means a specific and definitive process of oversight of a counselor's professional development in the didactic, experiential and application of the transdisciplinary foundations, and practice dimensions including core functions. Supervision takes place in intermittent in person contact between a clinical supervisor and treatment staff provided on or off the site of a service to ensure that each patient has an individualized treatment plan and is receiving quality care. A primary purpose of “clinical supervision" is to ensure skill development evidenced in quality patient care.

SB767,42 Section 42. SPS 160.02 (9) of the administrative code is repealed.

SB767,43 Section 43. SPS 160.02 (10) of the administrative code is repealed.

SB767,44 Section 44. SPS 160.02 (10m) of the administrative code is created to read:

SB767,17,23 SPS 160.02 (10m) “Counseling training” means education that includes the study of fundamental theories, principles, and techniques of substance use disorder counseling to facilitate the progress of diverse patients toward mutually determined treatment goals and objectives using culturally sensitive modalities. Counseling education shall include studies of understanding addiction, recognized treatment theory and practice, the recovery process, effective strategies for meeting the counseling needs of diverse patients, crisis management skills, and awareness of co-occurring medical and psychological disorders.

SB767,45 Section 45. SPS 160.02 (14) of the administrative code is repealed.

SB767,46 Section 46. SPS 160.02 (16) of the administrative code is repealed.

SB767,47 Section 47. SPS 160.02 (19m) of the administrative code is created to read:

SB767,18,13 SPS 160.02 (19m) “Patient education” means education about the process of providing patients, groups, families, couples, significant others, and communities with information on risks related to substance use, the processes of dependence including signs, symptoms, and behavior patterns, and available resources for prevention, treatment, and recovery in culturally relevant ways. The education shall include studies in understanding addiction including addiction to nicotine, the classification and basic pharmacology of drugs, basic physiology and the effects of drug use on the human body and patient, learning styles and teaching methods, delivery of educational programs, health and behavior problems related to substance use including transmission of HIV/AIDS, tuberculosis, sexually transmitted infections, and other infectious diseases, and basic life skills such as stress management, communication, and assertiveness.

SB767,48 Section 48. SPS 160.02 (22) of the administrative code is repealed.

SB767,49 Section 49. SPS 160.02 (24m) of the administrative code is created to read:

SB767,18,25 SPS 160.02 (24m) “Professional responsibility” means education that addresses standards of conduct or professional behavior expectations for counselors, supervisors, and prevention workers. Professional behavior areas to be studied shall include, at a minimum, legal issues specific to substance use disorder professional practice, patient welfare as a primary concern, responsibility for professional competence and professional development, participation in ongoing supervision and consultation, counselor values and self-care, relationships with other professionals and institutions, and the establishment of limits and boundaries in the patient relationship. This education shall also address the impact of specific cultural, ethnic, and racial influences and expectations.

SB767,50 Section 50. SPS 160.02 (28) of the administrative code is amended to read:

SB767,19,4 SPS 160.02 (28) “Substance use disorder" means the existence of a diagnosis of “substance dependence" or “substance abuse" “substance use disorder” listed in the most current edition of DSM.

SB767,51 Section 51. SPS 160.02 (29) of the administrative code is repealed.

SB767,52 Section 52. SPS 160.03 of the administrative code is amended to read:

SB767,19,12 SPS 160.03 Use of title. A Except as consistent with s. SPS 160.015 (2), a person may use the title “addiction counselor," “substance abuse counselor," “alcohol and drug counselor," “substance use disorder counselor" or “chemical dependency counselor" only if he or she is certified as a substance abuse counselor, or as a clinical substance abuse counselor under s. 440.88, Stats., or as allowed under the provisions of s. 457.02 (5m), Stats.

SB767,53 Section 53. Chapter SPS 161 of the administrative code is repealed and recreated to read:

SB767,19,15 Chapter SPS 161

SB767,19,16 REQUIREMENTS FOR CERTIFICATION

SB767,19,19 SPS 161.01 Substance abuse counselor-in-training application. An applicant for certification as a substance abuse counselor-in-training shall submit all of the following:

SB767,19,20 (1) An application form.

SB767,19,21 (2) A fee as determined by the department under s. 440.05, Stats.

SB767,19,22 (3) Evidence of successful passage of the jurisprudence examination.

SB767,20,2 (4) Evidence of completion of 100 hours of substance use disorder specialized education through a postsecondary institution, department-approved continuing education, or department-approved education program. The 100 hours shall be in all of the following:

SB767,20,3 (a) Fifteen hours in assessment training.

SB767,20,4 (b) Fifteen hours in counseling training.

SB767,20,5 (c) Ten hours in case management.

SB767,20,6 (d) Fifteen hours in patient education.

SB767,20,7 (e) Twenty hours in professional responsibility.

SB767,20,8 (f) Twenty-five hours in electives in any of the subjects in pars. (a) to (e).

SB767,20,11 (5) Evidence of current employment, a written offer of employment, internship, practicum, or an agreement authorizing volunteer hours at an agency providing substance use disorder treatment.

SB767,20,15 (6) For applicants who have a pending criminal charge or have been convicted of a crime, all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of substance abuse counseling.

SB767,20,18 SPS 161.02 Substance abuse counselor application. (1) Except as provided in sub. (2), an applicant for certification as a substance abuse counselor shall submit all of the following:

SB767,20,19 (a) An application form.

SB767,20,20 (b) A fee as determined by the department under s. 440.05, Stats.

SB767,20,23 (c) Evidence of successful passage of the jurisprudence examination unless the applicant has previously passed the examination in the process of obtaining a substance abuse counselor-in-training credential.

SB767,21,3 (d) Evidence of completion of 360 hours of substance use disorder specialized education through a postsecondary institution or a department-approved education program. The 360 hours shall be in all of the following:

SB767,21,4 1. Sixty hours in assessment training.

SB767,21,5 2. Sixty hours in counseling training.

SB767,21,6 3. Sixty hours in case management.

SB767,21,7 4. Sixty hours in patient education.

SB767,21,8 5. Sixty hours in professional responsibility.

SB767,21,9 6. Six hours in boundaries and ethics.

SB767,21,10 7. Fifty-four hours in electives in any of the subjects in subds. 1. to 6.

SB767,21,12 (e) Evidence of successful passage of the National Association for Alcoholism and Drug Abuse Counselors' NCAC I exam.

SB767,21,16 (f) Evidence of completion of 3,000 hours of work experience performing the practice dimensions supervised by an individual under ch. SPS 162 within the 5 years immediately preceding the date of application. The 3,000 hours shall include all of the following:

SB767,21,18 1. One thousand hours in providing substance use disorder counseling with a minimum of 500 hours in a one-on-one individual modality setting.

SB767,21,21 2. Two hundred hours of providing counseling during the 12-month period immediately preceding the date of application of which 100 hours shall have been completed using an individual modality setting.