SB391: Bill Text

SB391,51 Section 51. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c) of the statutes are amended to read:

SB391,15,7 457.02 Applicability. (intro.) This chapter subchapter does not do any of the following:

SB391,15,16 (1) Require any individual to be certified or licensed under this chapter subchapter in order to use the title “pastoral counselor," “investment counselor," “vocational counselor," “career counselor," “alcohol and drug counselor," “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 subchapter, 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.

SB391,15,20 (2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed under this chapter subchapter in order to use the title “school social worker" or “school counselor."

SB391,16,2 (3) Require a person who is a psychologist or a psychiatrist to be licensed under this chapter subchapter 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."

SB391,16,6 (4) Authorize any individual who is certified or licensed under this chapter subchapter 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.

SB391,16,11 (5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice 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.

SB391,16,20 (5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to treat substance use disorder as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 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. 440.88.

SB391,16,24 (6) (c) Provide a consultation or demonstration with an individual licensed under this chapter subchapter 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.

SB391,52 Section 52. 457.03 (1), (1m) and (2) of the statutes are amended to read:

SB391,17,8 457.03 (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 subchapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter subchapter and approve educational programs and supervised clinical training programs in accordance with those standards.

SB391,17,12 (1m) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, and consistent with s. 457.16, promulgate rules establishing examination requirements for certification and licensure under this chapter subchapter.

SB391,17,21 (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 and, licensees, and individuals exercising a multistate authorization to practice. 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 may perform and the degree of supervision, if any, required to perform those services.

SB391,53 Section 53. 457.033 of the statutes is amended to read:

SB391,18,7 457.033 Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board 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 subchapter, or an individual who is exercising a multistate authorization to practice, 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, or holder of a multistate license may not engage in psychometric testing except as provided under the rules promulgated under this section.

SB391,54 Section 54. 457.035 (1) and (2) of the statutes are amended to read:

SB391,18,10 457.035 (1) The individual is licensed under this chapter as a clinical social worker, marriage and family therapist, or professional counselor.

SB391,18,13 (2) The individual is certified as an advanced practice or independent social worker and the individual engages in psychotherapy only under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.

SB391,55 Section 55. 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7) of the statutes are amended to read:

SB391,18,18 457.04 (1) Use the title “social worker" unless the person is certified as a social worker under this chapter subchapter or holds a bachelor's-category multistate license granted in another state that is a party to the social work licensure compact.

SB391,18,22 (2) Use the title “advanced practice social worker" unless the person is certified as an advanced practice social worker under this chapter subchapter or holds a master's-category multistate license granted in another state that is a party to the social work licensure compact.

SB391,18,24 (3) Use the title “independent social worker" unless the person is certified as an independent social worker under this chapter subchapter.

SB391,19,11 (4) Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title “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 licensed as a clinical social worker under this chapter subchapter or holds a clinical-category multistate license granted in another state that is a party to the social work licensure compact or unless the person is certified under this chapter subchapter as an advanced practice social worker or independent social worker or holds a master's-category multistate license granted in another state that is a party to the social work licensure compact, and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this chapter.

SB391,19,13 (5) (a) The person is licensed as a marriage and family therapist under this chapter subchapter.

SB391,19,16 (b) The person is licensed as a clinical social worker under this chapter subchapter and initially became certified as an independent clinical social worker under ch. 457, 1999 stats., on or before May 31, 1995.

SB391,19,22 (6) 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," “rehabilitation counselor," or any other title or designation that represents or may tend to represent the person as a professional counselor unless the person is licensed as a professional counselor under this chapter subchapter.

SB391,19,25 (7) Practice psychotherapy unless the person is licensed under this chapter or unless the person is a certificate holder who may practice psychotherapy under except in accordance with the rules promulgated under ss. 457.03 and 457.035.

SB391,56 Section 56. 457.06 (intro.) of the statutes is amended to read:

SB391,20,5 457.06 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 subchapter unless the applicant does all of the following:

SB391,57 Section 57. 457.08 (4m) of the statutes is created to read:

SB391,20,8 457.08 (4m) Multistate social work licenses. (a) The social worker section shall grant a clinical-category multistate license to any of the following:

SB391,20,11 1. An individual who holds or is eligible for a clinical social worker license under sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays the fee specified in s. 440.05 (1).

SB391,20,15 2. An individual who holds a clinical-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB391,20,17 (b) The social worker section shall grant a master's-category multistate license to any of the following:

SB391,20,20 1. An individual who holds or is eligible for an advanced practice social worker certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c), and pays the fee specified in s. 440.05 (1).

SB391,20,24 2. An individual who holds a master's-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b), and pays the fee specified in s. 440.05 (1).

SB391,21,2 (c) The social worker section shall grant a bachelor's-category multistate license to any of the following:

SB391,21,5 1. An individual who holds or is eligible for a social worker certificate under sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee specified in s. 440.05 (1).

SB391,21,9 2. An individual who holds a bachelor's-category multistate license in another state that is a party to the social work licensure compact, has changed his or her state of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b) and pays the fee specified in s. 440.05 (1).

SB391,58 Section 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to read:

SB391,21,14 457.09 (2) (b) A social worker training certificate holder is a social worker certified under this chapter subchapter for purposes of any law governing social workers certified under this chapter subchapter.

SB391,21,17 (4) (b) 1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

SB391,21,20 2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.

SB391,59 Section 59. 457.20 (1) and (2) of the statutes are amended to read:

SB391,21,23 457.20 (1) The department shall issue a certificate of certification or licensure to each individual who is certified or licensed under this chapter subchapter.

SB391,22,3 (2) The renewal dates for certificates and licenses granted under this chapter subchapter, other than training certificates and licenses or temporary certificates or licenses, are specified under s. 440.08 (2) (a).

SB391,60 Section 60. 457.24 (1) of the statutes is amended to read:

SB391,22,10 457.24 (1) Except as provided in sub. (2), 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 subsection.

SB391,61 Section 61. 457.25 (1) of the statutes is renumbered 457.25 (1r).

SB391,62 Section 62. 457.25 (1g) of the statutes is created to read:

SB391,22,14 457.25 (1g) In this section, “credential holder” also includes an individual practicing under a multistate authorization to practice.

SB391,63 Section 63. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to read:

SB391,22,20 457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may make investigations and conduct hearings to determine whether a violation of this chapter subchapter or any rule promulgated under this chapter subchapter has occurred.

SB391,23,2 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a credential holder or an individual practicing under a multistate authorization to practice or deny, limit, suspend, or revoke a credential under this chapter subchapter or a multistate authorization to practice if it finds that the applicant or credential holder individual has done any of the following:

SB391,23,4 (h) Violated this chapter subchapter or any rule promulgated under this chapter subchapter.

SB391,64 Section 64. Subchapter III of chapter 457 [precedes 457.70] of the statutes is created to read:

SB391,23,7 chapter 457

SB391,23,8 Subchapter III

SB391,23,9 SOCIAL WORK LICENSURE COMPACT

SB391,23,15 457.70 Social work licensure compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

SB391,23,16 (a) Increase public access to social work services;

SB391,23,18 (b) Reduce overly burdensome and duplicative requirements associated with holding multiple licenses;

SB391,23,19 (c) Enhance the member states' ability to protect the public's health and safety;

SB391,23,21 (d) Encourage the cooperation of member states in regulating multistate practice;

SB391,23,24 (e) Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other member state licenses;

SB391,23,25 (f) Support military families;

SB391,24,2 (g) Facilitate the exchange of licensure and disciplinary information among member states;

SB391,24,6 (h) Authorize all member states to hold a regulated social worker accountable for abiding by a member state's laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered; and

SB391,24,8 (i) Allow for the use of telehealth to facilitate increased access to regulated social work services.

SB391,24,10 (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

SB391,24,13 (a) “Active military member” means any individual with full-time duty status in the active armed forces of the United States including members of the national guard and reserve.

SB391,24,20 (b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action.

SB391,24,23 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

SB391,25,3 (d) “Charter member states” - member states who have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in sub. (14).

SB391,25,7 (e) “Compact commission” or “commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the social work licensure compact commission, as described in sub. (10), and which shall operate as an instrumentality of the member states.

SB391,25,8 (f) “Current significant investigative information” means:

SB391,25,12 1. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission; or

SB391,25,16 2. Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

SB391,25,20 (g) “Data system” means a repository of information about licensees, including, continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license(s) and adverse action information or other information as required by the commission.

SB391,25,22 (h) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

SB391,25,25 (i) “Disqualifying event” means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a multistate license.

SB391,26,3 (j) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.

SB391,26,6 (k) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.

SB391,26,8 (L) “Home state” means the member state that is the licensee's primary domicile.

SB391,26,12 (m) “Impairment” means a condition(s) that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

SB391,26,14 (n) “Licensee(s)” means an individual who currently holds a license from a state to practice as a regulated social worker.

SB391,26,17 (o) “Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

SB391,26,19 (p) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this compact.

SB391,26,22 (q) “Multistate authorization to practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.