Wisconsin 2023-2024 Regular Session Status: Enacted

SB 196 — Relating to: ratification of the Counseling Compact. (FE)

Last action — Published 12-7-2023

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This bill has been enacted into law. Introduced April 03, 2023. Enacted.

Signed by Governor Tony Evers (Democratic) on December 07, 2023.

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Likely to advance 70% · moderate confidence

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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    Passed 1 recorded vote so far.

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Bill Text

What changed in the latest version

1599 added · 21 removed

Plain-language change summary

The recent amendments to Senate Bill 196 changed various references in the bill to specifically include the term "counseling." This clarifies that the bill pertains to counseling practices and regulations, ensuring that the intended focus on counseling services is clear. Additionally, a provision regarding the effective dates of the act was added, stating that certain elements of the bill would not take effect if related legislation is passed. These adjustments are important as they help delineate the bill's scope and ensure smoother implementation in the context of existing laws.

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- 2024 LEGISLATURE LRBa0583/1 MED:skw SENATE AMENDMENT 1, TO SENATE BILL 196 October 17, 2023 - Offered by SenatoTAFSHOL.
- 2024 LEGISLATURE LRB-2564/1 MED:emw SENATE BILL 196 April 3, 2023 - Introduced OINTL EGISLATIVCOUNCIL.
At the locations indicated, amend the bill as follows:
Referred to Committee on Health.
A N A CT to renumber 457.16 (1);
to renumber and amend 440.03 (13) (c) and 457.12;
to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.), 457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1), (2), (3), (4) and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4), (5) (a) and (b) and (7), 457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1.
and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1) (f), 457.15 (3), 457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1) - 2024 Legislature - 2 - LRB-2564/1 MED:emw SENATE BILL 196 (e) 4., 800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g);
and to create 14.896, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1.
i., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and (2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes 457.50] of the statutes;
relating to:
ratification of the Counseling Compact.
Analysis by the Legislative Reference Bureau This bill is explained in the N OTES provided by the Joint Legislative Council in the bill.
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:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE:
This bill was prepared for the Joint Legislative Council's Study Committee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Counseling Compact, which provides for the ability of a professional counselor to become eligible to practice in other compact states.
Significant provisions of the compact include the following:
Page 15, line 1:
The creation of a Counseling Compact Commission, which includes one member or administrator of the licensure boards of each member state.
delete “Compact" and substitute “Counseling compact".
The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, employing officers and employees, and establishing and electing an executive committee.
The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff.
Page 21, line 21:
The ability for a professional counselor to obtain a “privilege to practice,” which allows a professional counselor to practice professional counseling in another compact state (remote state) if the professional counselor satisfies certain criteria.
after “to the" insert “counseling".
The compact specifies a number of requirements in order for a professional counselor to exercise a privilege to practice, including holding a professional counselor license in a home state, not having any encumbrances or restrictions against a license or privilege in the previous two years, and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state.
A professional counselor practicing in a remote state under a privilege to practice must adhere to the laws and regulations, including the scope of practice, of that state.
A remote state may, in accordance with that state's laws, remove a professional counselor's privilege to practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.
If a professional counselor's license is encumbered, the counselor loses the privilege to practice in all remote states until certain criteria are satisfied.
If a professional counselor's privilege to practice in any remote state is removed, the counselor may lose the privilege to practice in all other remote states until certain criteria are satisfied.
Page 22, line 7:
The ability of member states to issue subpoenas that are enforceable in other states.
on lines 7 and 18, after “to the" insert “counseling".
LRB-2564/1 - 2024 Legislature - 3 - MED:emw SENATE BILL 196 4.
The creation of a coordinated database and reporting system containing licensure and disciplinary action information on professional counselors.
The compact requires all home state disciplinary orders that impose adverse actions to be reported to the commission.
A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.
5.
Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state's membership in the compact if the state defaults on its obligations under the compact.
Since the compact has already been enacted by the minimum number of states required for it to become active, the compact becomes effective in this state upon enactment of the bill.
The compact provides that it may be amended upon enactment of an amendment by all member states.
A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until six months after the effective date of that repeal.
S ECTION 1.
14.896 of the statutes is created to read:
14.896 Counseling compact.
There is created a counseling compact commission as specified in s.
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457.50.
The delegate on the commission representing this state shall be appointed by the marriage and family therapy, professional counseling, and social work examining board as provided in s.
457.50 (9) (b) 1.
and shall be an individual described in s.
457.50 (9) (b) 2.
a.
or b.
The commission has the powers and duties granted and imposed under s.
457.50.
S ECTION 2.
15.405 (7c) (a) 1.
of the statutes is amended to read:
15.405 (7c) (a) 1.
Four social worker members who are certified or licensed under subch.
I of ch.
457.
S ECTION 3.
15.405 (7c) (a) 2.
of the statutes is amended to read:
15.405 (7c) (a) 2.
Three marriage and family therapist members who are licensed under subch.
I of ch.
457.
S ECTION 4.
15.405 (7c) (a) 3.
of the statutes is amended to read:
15.405 (7c) (a) 3.
Three professional counselor members who are licensed under subch.
I ofch.
457.
S ECTION 5.
15.405 (7c) (a) 4.
of the statutes is amended to read:
- 2024 Legislature - 4 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 5 15.405(7c) (a) 4.
Three public members who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under subch.
I of ch.
457.
SECTION 6.
15.405 (7c) (am) 1.
of the statutes is amended to read:
15.405 (7c) (am) 1.
At least one member who is certified under subch.
I of 457 as an advanced practice social worker.
SECTION 7.
15.405 (7c) (am) 3.
of the statutes is amended to read:
15.405 (7c) (am) 3.
At least one member who is licensed under subch.
I of 457 as a clinical social worker.
SECTION 8.
15.405 (7c) (c) of the statutes is amended to read:
15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under subch.
I ofd all other matters of interest to either the social worker, marriage and family therapist, or professional counselor section shall be acted upon solely by the interested section of the examining board.
SECTION 9.
46.90 (4) (ab) 4.
of the statutes is amended to read:
46.90(4) (ab) 4.
A social worker, professional counselor, or marriage and family therapist certified under subch.
I of ch.
457 or a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 10.
48.56 (2) of the statutes is amended to read:
48.56 (2) Each county department shall employ personnel who devote all or part of their time to child welfare services.
Whenever possible, these personnel shall be social workers certified under subch.
I of7.
SECTION 11.
48.561 (2) of the statutes is amended to read:
LRB-2564/1 - 2024 Legislature - 5 - MED:emw SECTION 11 SENATE BILL 196 48.561 (2) The department shall employ personnel in a county having a population of 750,000 or more who devote all of their time directly or indirectly to child welfare services.
Whenever possible, these personnel shall be social workers certified under subch.
I of ch.
457.
SECTION 12.
49.45 (30j) (a) 1.
of the statutes is amended to read:
49.45 (30j) (a) 1.
“Competent mental health professional” means a physician who has completed a residence in psychiatry;
a psychologist;
a private practice school psychologist who iscensed under ch.
455;
a marriage and family therapist who is licensed under s.
457.10 or 457.11;
a professional counselor who is licensed under s.
457.12 or 457.13 or who is exercising the professional counselor privilege to practice, as defined in s.
457.50 (2) (s), in this state;
an advanced practice social worker grantedwho holds a certificate under s.
457.08 (2);
an independent social worker granted who holds a certificate under s.
457.08 (3);
a clinical social worker who is licensed under s.
457.08 (4);
a clinical substance abuse counselor or independent clinical supervisor who is certified under s.
440.88, or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch.
457.
“Competent mental health professional" does not include an individual whose license oricate, or privilege is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.
SECTION 13.
51.03 (6) (a) of the statutes is amended to read:
51.03 (6) (a) In this subsection, “licensed treatment professional" means a physician who has completed a residence in psychiatry;
a psychologist;
a private practice school psychologist who isensed under ch.
455;
a marriage and family - 2024 Legislature - 6 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 13 therapist who isicensed under s.
457.10 or 457.11;
a professional counselor who is licensed under s.
457.12 or 457.13 or who is exercising the professional counselor privilege to practice, as defined in s.
457.50 (2) (s), in this state;
an advanced practice social worker granted who holds a certificate under s.
457.08 (2);
an independent social worker who isicensed under s.
457.08 (3);
a clinical social worker who is licensed under s.
457.08 (4);
or any of these individuals who is practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch.
457.“Licensed treatment professional" does not include an individual whose license orcertificate, or privilege is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or privilege is limited or restricted, when practicing in areas prohibited by the limitation or restriction.
SECTION 14.
55.043 (1m) (a) 4.
of the statutes is amended to read:
55.043 (1m) (a) 4.
A social worker, professional counselor, or marriage and family therapist certified under subch.
I of7 or a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 15.
146.81 (1) (hg) of the statutes is amended to read:
146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor certified or licensed under subch.
I of7 or a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 16.
146.89 (1) (r) 6.
of the statutes is amended to read:
146.89 (1) (r) 6.
A social worker who holds a certificate granted under subch.
I of ch.
457.
SECTION 17.
146.89 (1) (r) 7.
of the statutes is amended to read:
146.89 (1) (r) 7.
A marriage and family therapist who is licensed under subch.
I of ch.
457 or a professional counselor who is licensed under subch.
I of ch.
457.
LRB-2564/1 - 2024 Legislature - 7 - MED:emw S ECTION 18 SENATE BILL 196 SECTION 18.
146.997 (1) (d) 11.
of the statutes is amended to read:
146.997 (1) (d) 11.
A social worker, marriage and family therapist or professional counselor certified under subch.
I of ch.
457 or a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 19.
180.1901 (1m) (f) of the statutes is amended to read:
180.1901 (1m) (f) Marriage and family therapy, professional counseling, and social work examining board under subch.
I of 457.
SECTION 20.
252.14 (1) (ar) 7.
of the statutes is amended to read:
252.14 (1) (ar) 7.
A social worker, marriage and family therapist, or professional counselor certified or licensed under subch.
I of a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 21.
252.15 (1) (er) of the statutes is amended to read:
252.15 (1) (er) “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 subch.
I of ch.
457.
SECTION 22.
253.10 (2) (f) of the statutes is amended to read:
253.10 (2) (f) “Qualified person assisting the physician" means a social worker certified under subch.
I of 457, a registered nurse or a physician assistant to whom a physician who is to perform or induce an abortion has delegated the responsibility, as the physician's agent, for providing the information required under sub.
(3) (c) 2.
SECTION 23.
256.215 (2) (b) of the statutes is amended to read:
256.215 (2) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the - 2024 Legislature - 8 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 23 appropriate service level to be used by a community paramedic or a community emergency medical services practitioner.
The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch.
II, III, IV, or VII of ch.
448, subch.
I of ch.
457, or ch.
441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
SECTION 24.
257.01 (1) (a) of the statutes is amended to read:
257.01 (1) (a) An individual who, under ch.
455, is licensed as a psychologist or, under subch.
I of 457, is certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.
SECTION 25.
257.01 (1) (b) of the statutes is amended to read:
257.01 (1) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a psychologist under ch.
455 or certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor under subch.
I of ch.
457, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.
SECTION 26.
303.08 (1) (f) of the statutes is amended to read:
303.08 (1) (f) Obtaining counseling or therapy from an approved public treatment facility, as defined in s.
51.45 (2) (c), an approved private treatment facility, as defined in s.
51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical social worker, a professional counselor licensed under ch.
457, as defined in s.
457.01 (7), or a certified independent or advanced practice social worker who is authorized to practice psychotherapy under subch.
I of ch.
457.
SECTION 27.
440.03 (9) (a) (intro.) of the statutes is amended to read:
440.03 (9) (a) (intro.) Subject to pars.
(b) and (c) and s.
458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for LRB-2564/1 - 2024 Legislature - 9 - MED:emw S ECTION 27 SENATE BILL 196 which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss.
448.986 (2) and, 448.9875 (2), and 457.51 (2) by doing all of the following:
SECTION 28.
440.03 (9) (a) 2.
of the statutes is amended to read:
440.03 (9) (a) 2.
Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s.
440.08 (2) (a), for a credential renewal, and any fees imposed under ss.
448.986 (2) and, 448.9875 (2), and 457.51 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s.
20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.
SECTION 29.
440.03 (11m) (c) 2u.
of the statutes is created to read:
440.03 (11m) (c) 2u.
The coordinated database and reporting system under s.
457.50 (10), if such disclosure is required under the counseling compact under s.
457.50.
SECTION 30.
440.03 (13) (b) (intro.) of the statutes is amended to read:
- 2024 Legislature - 10 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 30 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par.
(c) and ss.
441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5.
a.
and (5) (b) 2.
a., and 455.50 (3) (e) 4.
and (f) 4., and 457.50 (3) (b) 3.
and (5) (b) 2.
a.:
SECTION 31.
440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
(intro.) and amended to read:
440.03 (13) (c) 1.
(intro.) The department shall require an the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints:
a.
An applicant for a private detective license or a private security permit under s.
440.26, an.
b.
An applicant for a juvenile martial arts instructor permit under sub.
(17), an.
c.
An applicant for a real estate appraiser certification under s.
458.06 or license under s.
458.08, an.
d.
An applicant for a multistate license under s.
441.06 (1c) or 441.10 (1c), an.
e.
An applicant for a compact license under s.
448.05 (2) (f), an.
f.
An applicant for a physical therapist license under s.
448.53 or physical therapist assistant license under s.
448.535, an.
g.
An applicant for an occupational therapist or occupational therapy assistant compact privilege under s.
448.987 (4),nd an applicant for an occupational LRB-2564/1 - 2024 Legislature - 11 - MED:emw S ECTION 31 SENATE BILL 196 therapist or occupational therapy assistant license described in s.
448.987 (5) (b) 2.
a., an h.
An applicant for a psychologist license under s.
455.04, and a.
z.
A person for whom the department conducts an investigation under par.
(b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints.
2.
The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s.
458.06 or license under s.
458.08, of all applicants for a multistate license under s.
441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s.
448.05 (2) (f), of all applicants for a physical therapist license under s.
448.53 or a physical therapist assistant license under s.
448.535, and of all applicants for a psychologist license under s.
455.04 identified in subd.
1.
c.
to i., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
3.
Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s.
19.35.
SECTION 32.
440.03 (13) (c) 1.
i.
of the statutes is created to read:
440.03(13) (c) 1.
i.
An applicant for a professional counselor license or privilege to practice under s.
457.12 when required pursuant to the counseling compact under s.
457.50.
SECTION 33.
440.03 (14) (am) of the statutes is amended to read:
- 2024 Legislature - 12 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 33 440.03 (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 subch.
I of 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 initial credential fee determined by the department under s.
440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.
SECTION 34.
440.043 (1) of the statutes is amended to read:
440.043 (1) The secretary shall appoint an advisory committee under s.
440.042 to provide advice concerning behavioral health.
The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s.
440.88 or subch.
I of457 or for other credentials related to behavioral health.
SECTION 35.
440.094 (1) (c) 14.
of the statutes is amended to read:
440.094 (1) (c) 14.
A social worker, marriage and family therapist, or professional counselor certified or licensed under subch.
I of ch.
457 or a clinical substance abuse counselor certified under s.
440.88.
SECTION 36.
440.15 of the statutes is amended to read:
440.15 No fingerprinting.
Except as provided under ss.
440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5.
a.
and (5) (b) 2.
a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4.
and (f) 4., and 457.50 (3) (b) 3.
and (5) (b) 2.
a., the department or a credentialing board may not require LRB-2564/1 - 2024 Legislature - 13 - MED:emw S ECTION 36 SENATE BILL 196 that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
SECTION 37.
446.01 (1v) (m) of the statutes is amended to read:
446.01 (1v) (m) Marriage and family therapy, professional counseling, and social work examining board under subch.
I of 457.
“Health care professional" also includes an individual who is exercising the professional counselor privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 38.
448.08 (4) of the statutes is amended to read:
448.08 (4) PROFESSIONAL PARTNERSHIPS AND CORPORATIONS PERMITTED.
Notwithstanding any other provision in this section, it is lawful for 2 or more physicians, who have entered into a bona fide partnership for the practice of medicine, to render a single bill for such services in the name of such partnership, and it also is lawful for a service corporation to render a single bill for services in the name of the corporation, provided that each individual licensed, registered or certified under this chapter, subch.
I of ch.
457, or ch.
446, 449, 450, 455, 457 or 459 that renders billed services is individually identified as having rendered such services.
SECTION 39.
448.67 (4) of the statutes is amended to read:
448.67 (4) BILLING BY PROFESSIONAL PARTNERSHIPS AND CORPORATIONSIf 2 or more podiatrists have entered into a bona fide partnership or formed a service corporation for the practice of podiatry, the partnership or corporation may not render a single bill for podiatry services provided in the name of the partnership or corporation unless each individual licensed, registered or certified under this - 2024 Legislature - 14 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 39 chapter, subch.
I of ch.
457,ch.
446, 449, 450, 455, 457 or 459, who provided services is individually identified on the bill as having rendered those services.
SECTION 40.
450.10 (3) (a) 10.
of the statutes is amended to read:
450.10 (3) (a) 10.
A social worker, marriage and family therapist, or professional counselor certified or licensed under sch.
457 or a professional counselor who is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 41.
Chapter 457 (title) of the statutes is amended to read:
CHAPTER 457 MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK EXAMINING BOARD SECTION 42.
Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes is created to read:
CHAPTER 457 SUBCHAPTER I REGULATION OF MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK SECTION 43.
457.01 (intro.) of the statutes is amended to read:
457.01 Definitions.
(intro.) In this chapterhapter:
SECTION 44.
457.01 (1g) of the statutes is amended to read:
457.01(1g) “Certificate holder" means an individual who is certified under this chaptersubchapter.
SECTION 45.
457.01 (1t) of the statutes is created to read:
LRB-2564/1 - 2024 Legislature - 15 - MED:emw S ECTION 45 SENATE BILL 196 457.01 (1t) “Compact” means the counseling compact under s.
457.50.
SECTION 46.
457.01 (1w) of the statutes is amended to read:
457.01 (1w) “Credential" means a license or, certificate, or privilege to practice granted under this chapter subchapter.
SECTION 47.
457.01 (2r) of the statutes is amended to read:
457.01 (2r) “Licensee" means a person who is licensed under this chapter subchapter.
SECTION 48.
457.01 (5m) of the statutes is created to read:
457.01 (5m) “Privilege to practice” has the meaning given in s.
457.50 (2) (s).
SECTION 49.
457.01 (7) of the statutes is amended to read:
457.01 (7) “Professional counselor" means an individual who holds a license to practice professional counseling granted by the professional counselor section or who holds a valid professional counselor privilege to practice in this state.
SECTION 50.
457.02 (intro.), (1), (2), (3), (4) and (6) (c) of the statutes are amended to read:
457.02 Applicability.
(intro.) This chapterchapter does not do any of the following:
(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 chaptersubchapter, and does not represent himself or herself as an individual who - 2024 Legislature - 16 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 50 engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.
(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." (3) Require a person who is a psychologist or a psychiatrist to be licensed under this chapterubchapter 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." (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.
(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.
SECTION 51.
457.03 (1), (1m) and (2) of the statutes are amended to read:
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 LRB-2564/1 - 2024 Legislature - 17 - MED:emw S ECTION 51 SENATE BILL 196 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.
(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 chapterbchapter.
(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.
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 subchapter 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.
SECTION 52.
457.033 of the statutes is amended to read:
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 holds a valid professional counselor privilege to practice in this state, 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 - 2024 Legislature - 18 - LRB-2564/1 MED:emw SENATE BILL 196 S ECTION 52 holder or licensee, or holder of a professional counselor privilege to practice may not engage in psychometric testing except as provided under the rules promulgated under this section.
S ECTION 53.
457.035 (1) of the statutes is amended to read:
457.035 (1) The individual is licensed under this chapter subchapter as a clinical social worker, marriage and family therapist, or professional counselor or holds a valid professional counselor privilege to practice in this state.
S ECTION 54.
457.04 (1), (2), (3), (4), (5) (a) and (b) and (7) of the statutes are amended to read:
457.04 (1) Use the title “social worker" unless the person is certified as a social worker under this chapterubchapter.
(2) Use the title “advanced practice social worker" unless the person is certified as an advanced practice social worker under this chasubchapter.
(3) Use the title “independent social worker" unless the person is certified as an independent social worker under this chapterbchapter.
(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 unless the person is certified under this chapter subchapter 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 chapterhapter.
(5) (a) The person is licensed as a marriage and family therapist under this chaptersubchapter.
LRB-2564/1 - 2024 Legislature - 19 - MED:emw S ECTION 54 SENATE BILL 196 (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.
(7) Practice psychotherapy unless the person is licensed under this chapter subchapter or unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under ss.
457.03 and 457.035.
SECTION 55.
457.04 (6) of the statutes is amended to read:
457.04 (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 or holds a valid professional counselor privilege to practice in this state.
SECTION 56.
457.04 (7) of the statutes is amended to read:
457.04 (7) Practice psychotherapy unless the person is licensed under this chapter, holds a valid professional counselor privilege to practice in tors state, unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under ss.
457.03 and 457.035.
SECTION 57.
457.06 (intro.) of the statutes is amended to read:
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:
- 2024 Legislature - 20 - LRB-2564/1 MED:emw SENATE BILL 196 SECTION 58 SECTION 58.
457.09 (2) (b) and (4) (b) 1.
and 2.
of the statutes are amended to read:
457.09 (2) (b) A social worker training certificate holder is a social worker certified under this chaptsubchapter for purposes of any law governing social workers certified under this chapterchapter.
(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 subchapter who has a bachelor's or master's degree in social work.
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.
SECTION 59.
457.12 (title) of the statutes is amended to read:
457.12 (title) Professional counselor license;
privilege to practice.
SECTION 60.
457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m) (intro.), (a), (b), (c) (intro.), 1.
d.
and 2.
d.
and (d), as renumbered, are amended to read:
457.12 (1m) LICENSE.(intro.) The professional counselor section shall, subject to sub.
(4m), grant a professional counselor license to any individual who does to whom all of the following apply:
(a) Satisfies The individual satisfies the requirements in s.
457.06.
(b) Submits The individual submits evidence satisfactory to the professional counselor section that he or she has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the professional counselor section.
(c) (intro.)Submits The individual submits evidence satisfactory to the professional counselor section that he or she has done any of the following:
LRB-2564/1 - 2024 Legislature - 21 - MED:emw S ECTION 60 SENATE BILL 196 1.
d.
An individual, other than an individual specified in subd.
1., 2., or 3.
b., or c., 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.
2.
d.
An individual, other than an individual specified in subd.
1., 2., or 3.
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Action History

  1. Published 12-7-2023

  2. Report approved by the Governor on 12-6-2023. 2023 Wisconsin Act 55

  3. Presented to the Governor on 11-30-2023

  4. Report correctly enrolled

  5. LRB correction

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Representative Vining added as a cosponsor

  9. Read a third time and concurred in

  10. Rules suspended

  11. Ordered to a third reading

  12. Read a second time

  13. Rules suspended to withdraw from calendar and take up

  14. Placed on calendar 11-14-2023 by Committee on Rules

  15. Read first time and referred to committee on Rules

  16. Received from Senate

  17. Ordered immediately messaged

  18. Read a third time and passed

  19. Rules suspended to give bill its third reading

  20. Ordered to a third reading

  21. Senate Amendment 1 adopted

  22. Read a second time

  23. Senate Amendment 1 offered by Senator Stafsholt

  24. Placed on calendar 10-17-2023 pursuant to Senate Rule 18(1)

  25. Available for scheduling

  26. Report passage recommended by Committee on Health, Ayes 6, Noes 0

  27. Executive action taken

  28. Public hearing held

  29. Representative Moore Omokunde added as a cosponsor

  30. Fiscal estimate received

  31. Senator Larson added as a coauthor

  32. Read first time and referred to Committee on Health

  33. Introduced by Joint Legislative Council

Sponsors

  • Joint Legislative Council · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 131 not signed on

Sponsors (1)

  • Joint Legislative Council

Co-sponsors (0)

None.

Not signed on (131)

131 members have not signed on to this bill.

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