- 2020 LEGISLATURE LRBs0143/1LRB-4287/1 KP:skwKP:kjf ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 526 October 28,14, 2019 - OfferedIntroduced by RepresentativeRepresentatives KURTZ.K URTZ , BALLWEG , DOYLE , CABRERA , DUCHOW , DMING , JAMES, M ILRO, M URSAU, OLDENBURG , PETERSEN , PETRYK, RAMTHUN , RODRIGUEZ , OHRKASTE , SCHRAA , PIROS, C.TAYLOR , ITTL, TRANEL , USLER , ANDER M EER, VININGand W ITTKE, cosponsored by Senators BERNIER, CARPENTER , NASS, OLSEN and L.T AYLOR.
AReferred N A CT to consolidate,Committee renumberon andHealth. amend 440.88 (9)(intro.) and (b);
toA amendN 440.88A (9)CT (a),to 455.065consolidate, (1)renumber and 457.22amend (1)440.88 (intro.);(9) (intro.) and (b);
and to createamend 448.40440.88 (2)(9) (h)(a), and448.13 457.22(1) (3)(a) of1., the455.065 statutes;(1) and 457.22 (1) (intro.);
and to create 457.22 (3) of the statutes;
requiring continuing education on suicide prevention for physicians, psychologists, social workers, marriage and family therapists, professional counselors, and substance abuse counselors,counselors providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau This bill requires two hours of continuing education on suicide prevention to be completed every two years for each of the Departmentfollowing types of Safetypractitioners andto Professionalrenew Services;their credentials:
the1) Medicalphysicians; Examining Board;
the2) Psychologypsychologists; Examining Board;
and3) the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to promulgate rules that require a person holding a credential as a physician, psychologist, private practice school psychologist,psychologists; social worker, advanced practice social worker, independent social worker, clinical social worker, marriage and family therapist, professional counselor, substance abuse counselor, clinical substance abuse counselor, or prevention specialist to complete at least two hours of continuing education on suicide prevention the first time that the person renews that credential.
LRBs0143/14) - 2020 Legislature - 2 - KP:skw The bill also requires DSPS and those examining boards to promulgate emergency rules that require a person who currently holds a credential as a physician, psychologist, private practice school psychologist, social worker,workers; advanced practice social worker, independent social worker, clinical social worker, marriage and family therapist, professional counselor, substance abuse counselor, clinical substance abuse counselor, or prevention specialist to complete at least two hours of continuing education on suicide prevention for the next time that the person renews that credential.
Under5) currentadvanced law, each of those types of professionals must complete at least hours of continuing education every two years to renew their credentials, except that psychologists and private practice schoolsocial psychologistsworkers; are required to complete hours of continuing education every two years to renew their licenses.
6) independent social workers;
7) clinical social workers;
8) marriage and family therapists;
9) professional counselors;
10) substance abuse counselors;
11) clinical substance abuse counselors;
and 12) prevention specialists.
Under current law, each of those types of professionals must complete at least 30 hours of continuing education every two years to renew their credentials, except that psychologists and private practice school psychologists are required to complete 40 hours of continuing education every two years to renew their licenses.
- 2020 Legislature - 2 - LRB-4287/1 KP:kjf ASSEMBLY BILL 526 For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
SSECTION ECTION 1.
SSECTION ECTION 2.
440.88 (9) (a) EstablishTheEstablishhe department shall 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.
The rules promulgated under this paragraph shall require aneach applicant for renewal of a substance abuse counselor, clinical substance abuse counselor, orand prevention specialist certification in the first renewal period beginning after the date on which the department initially granted the certification to complete at least 2 hours of continuing education programs or courses on suicide prevention.prevention to renew a certification under this section.
SSECTION ECTION 3.
448.40448.13 (2)(1) (h)(a) of1. the statutes is created to read:
LRBs0143/1 - 2020 Legislature - 3 - KP:skw SECTION 3 448.40 (2) (h) Requiring an applicant for renewal of a license to practice medicine and surgery in the firststatutes renewalis periodamended beginning after the date on which the board initially granted the license to completeread: at least 2 credit hours of continuing education programs or courses on suicide prevention approved by the board.
448.13 (1) (a) 1.
Continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years preceding the calendar year for which the registration is effective.
The board shall promulgate rules requiring a physician to complete at least 2 credit hours of continuing education programs or courses approved by the board on suicide prevention.
455.065 (1) Promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the LRB-4287/1 - 2020 Legislature - 3 - KP:kjf SECTION 4 ASSEMBLY BILL 526 criteria for the approval of continuing education programs and courses required for renewal of a license and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses.
The rules promulgated under this subsection shall require each applicantperson forlicensed renewal of a license under s.
455.04 (1) or (4) into thecomplete firstat renewalleast period2 beginninghours afterof thecontinuing dateeducation onprograms whichor thecourses examiningon boardsuicide initiallyprevention grantedto renew the licenseperson's tolicense.The completerules atpromulgated leastunder 2this hourssubsection ofmay not count continuing education programs or courses on suicide prevention.prevention more than continuing education programs or courses on any other topic.
The rules promulgated under this subsection may not count continuing education programs or courses on suicide prevention more than continuing education programs or courses on any other topic.
(1) shall require ansocial applicantworkers, foradvanced renewalpractice social workers, independent social workers, clinical social workers, marriage and family therapists, and professional counselors to complete at least 2 hours of acontinuing credentialeducation underprograms s.or courses of study on suicide prevention in order to qualify for renewal.
457.08, 457.10, or 457.12 in the first renewal period beginning after the date on which the examining board initially granted the credential to complete at least 2 hours of continuing education programs or courses of study on suicide prevention.
LRBs0143/1 - 2020 Legislature - 4 - KP:skw SECTION 7 S ECTION 7.Nonstatutory provisions.
(1) EMERGENCY RULES;
SAFETY AND PROFESSIONAL SERVICES.
Using the procedure under s.
227.24, the department of safety and professional services shall promulgate rules requiring a person who on the effective date of this subsection is certified under s.
440.88 as a substance abuse counselor, clinical substance abuse counselor, or prevention specialist to complete at least 2 hours of continuing education programs or courses on suicide prevention approved by the board to renew a certification under s.
440.88 (4).
Notwithstanding s.
227.24 (1) (a) and (3), the department of safety and professional services is not required to provide evidence that promulgating a rule under this subsection is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection may remain in effect until March 1, 2021, and the effective period may not be further extended under s.
227.24 (2).
(2) EMERGENCY RULES;
MEDICAL EXAMINING BOARD.
Using the procedure under s.
227.24, the medical examining board shall promulgate rules requiring a person who on the effective date of this subsection holds a license to practice medicine and surgery under s.
448.04 to complete at least 2 credit hours of continuing education programs or courses on suicide prevention approved by the board to renew a license to practice medicine and surgery under s.
448.07.
Notwithstanding s.
227.24 (1) (a) and (3), the medical examining board is not required to provide evidence that promulgating a rule under this subsection is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Notwithstanding s.
227.24 LRBs0143/1 - 2020 Legislature - 5 - KP:skw SECTION 7 (1) (c) and (2), emergency rules promulgated under this subsection may remain in effect until November 1, 2021, and the effective period may not be further extended under s.
227.24 (2).
(3) EMERGENCY RULES;
PSYCHOLOGY EXAMINING BOARD.
Using the procedure under s.
227.24, the psychology examining board shall promulgate rules requiring a person who on the effective date of this subsection is licensed as a psychologist under s.
455.04 (1) or as a private practice school psychologist under s.
455.04 (4) to complete at least 2 hours of continuing education programs or courses on suicide prevention to renew a license under s.
455.06.
Notwithstanding s.
227.24 (1) (a) and (3), the psychology examining board is not required to provide evidence that promulgating a rule under this subsection is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection may remain in effect until October 1, 2021, and the effective period may not be further extended under s.
227.24 (2).
(4) EMERGENCY RULES;
MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING, AND SOCIAL WORK EXAMINING BOARD.
Using the procedure under s.
227.24, the marriage and family therapy, professional counseling, and social work examining board shall promulgate rules requiring a person who on the effective date of this subsection holds a credential under s.
457.08, 457.10, or 457.12 to complete at least 2 hours of continuing education programs or courses of study on suicide prevention to renew a credential under s.
457.20.
Notwithstanding s.
227.24 (1) (a) and (3), the marriage and family therapy, professional counseling, and social work examining board is not required to provide evidence that promulgating a rule under this LRBs0143/1 - 2020 Legislature - 6 - KP:skw SECTION 7 subsection is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection may remain in effect until March 1, 2021, and the effective period may not be further extended under s.
227.24 (2).