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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1053
February 2, 2024 - Introduced by Representatives GUSTAFSON, MOORE OMOKUNDE,
BALDEH, CONSIDINE, EMERSON, JOERS, SINICKI, SNODGRASS, STUBBS, SUBECK,
HAYWOOD and VINING, cosponsored by Senators CARPENTER and BALLWEG.
Referred to Committee on Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 440.08 (2) (a) (intro.), 457.08 (1) (intro.), 457.08 (2) (intro.),
457.08 (3) (intro.) and 457.08 (4) (intro.); and to create 457.08 (6) and 457.085
of the statutes; relating to: provisional social worker certificates and licenses.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from using the title “social worker” without
holding a social worker certificate, and similarly prohibits the use of other titles
corresponding to higher levels of social work practice without a corresponding
credential for that level of social work practice. Those higher levels of social work
practice include advanced practice social work, independent social work, and clinical
social work. Current law further prohibits the practice of clinical social work without
a clinical social worker license. Current law specifies requirements for obtaining
these social worker credentials, all of which include a requirement of passage of an
examination.
This bill provides for an alternative pathway to obtain a social work credential
without passage of a national examination. Under the bill, an individual who has
taken the examination corresponding to a particular category of social work
credential and has not passed the examination, but who otherwise satisfies the
requirements for the credential, may obtain a provisional credential. With the
provisional credential, the individual is allowed to practice the corresponding level
of social work, may use the corresponding title, and is considered to be that level of
social worker, but the individual must obtain at least three hours of supervision
during every 160 hours of practice, in accordance with the bill and rules promulgated
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by the Marriage and Family Therapy, Professional Counseling, and Social Work
Examining Board and subject to periodic evaluation. Upon successful completion of
the supervised practice requirement, the individual must receive a final evaluation
and may obtain a corresponding nonprovisional social worker credential without
passage of the examination.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06
(1) (b), 457.085 (3), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
dates for credentials are as follows:
SECTION 2. 457.08 (1) (intro.) of the statutes is amended to read:
457.08 (1) SOCIAL WORKER CERTIFICATE. (intro.) The social worker section shall
grant a social worker certificate to an individual who qualifies under sub. (6) (a) or
s. 457.09 (5) (d) or to any individual who does all of the following:
SECTION 3. 457.08 (2) (intro.) of the statutes is amended to read:
457.08 (2) ADVANCED PRACTICE SOCIAL WORKER CERTIFICATE. (intro.) The social
worker section shall grant an advanced practice social worker certificate to any an
individual who qualifies under sub. (6) (b) or to an individual who is certified under
sub. (1) and does all of the following:
SECTION 4. 457.08 (3) (intro.) of the statutes is amended to read:
457.08 (3) INDEPENDENT SOCIAL WORKER CERTIFICATE. (intro.) The social worker
section shall grant an independent social worker certificate to any an individual who
qualifies under sub. (6) (c) or to an individual who is certified under sub. (1) and does
all of the following:
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SECTION 5. 457.08 (4) (intro.) of the statutes is amended to read:
457.08 (4) CLINICAL SOCIAL WORKER LICENSE. (intro.) The social worker section
shall grant a clinical social worker license to any an individual who qualifies under
sub. (6) (d) or to an individual who is certified under sub. (1) and does all of the
following:
SECTION 6. 457.08 (6) of the statutes is created to read:
457.08 (6) CERTIFICATE OR LICENSE BASED ON PROVISIONAL CERTIFICATE OR LICENSE.
(a) Upon satisfaction of the requirements in s. 457.06, the social worker section shall
grant a social worker certificate to an individual who has held a provisional social
worker certificate and whose completion of supervised practice has been verified
under s. 457.085 (4) (e) 2.
(b) Upon satisfaction of the requirements in s. 457.06, the social worker section
shall grant an advanced practice social worker certificate to an individual who has
held a provisional advanced practice social worker certificate and whose completion
of supervised practice has been verified under s. 457.085 (4) (e) 2.
(c) Upon satisfaction of the requirements in s. 457.06, the social worker section
shall grant an independent social worker certificate to an individual who has held
a provisional independent social worker certificate and whose completion of
supervised practice has been verified under s. 457.085 (4) (e) 2.
(d) Upon satisfaction of the requirements in s. 457.06, the social worker section
shall grant a clinical social worker license to an individual who has held a provisional
clinical social worker license and whose completion of supervised practice has been
verified under s. 457.085 (4) (e) 2.
SECTION 7. 457.085 of the statutes is created to read:
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457.085 Provisional social worker certificates and licenses. (1) The
social worker section shall grant a provisional social worker certificate, provisional
advanced practice social worker certificate, provisional independent social worker
certificate, or provisional clinical social worker license, as applicable, to any
individual who does all of the following:
(a) Submits an application for the provisional certificate or license to the
department on a form provided by the department.
(b) Pays the fee specified in s. 440.05 (6).
(c) Has taken the applicable national social work examination required under
s. 457.08 (1) (c), (2) (c), (3) (d), or (4) (d) and not passed the examination.
(d) Otherwise satisfies the requirements under s. 457.08 (1), (2), (3), or (4),
whichever is applicable with respect to the category of social work certificate or
license for which the applicant is applying.
(e) Has taken and passed an examination approved by the social worker section
that tests knowledge of state law relating to social work, if required under s. 457.08
(1) (c), (2) (c), (3) (d), or (4) (d).
(2) (a) 1. Notwithstanding s. 457.04 (1), a provisional social worker certificate
authorizes the holder to use the title specified in s. 457.04 (1) during the period in
which the certificate is valid.
2. A provisional social worker certificate holder is a social worker certified
under this chapter for purposes of any law governing social workers certified under
this chapter.
(b) 1. Notwithstanding s. 457.04 (2), a provisional advanced practice social
worker certificate authorizes the holder to use the title specified in s. 457.04 (2)
during the period in which the certificate is valid.
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2. A provisional advanced practice social worker certificate holder is an
advanced practice social worker certified under this chapter for purposes of any law
governing advanced practice social workers certified under this chapter.
(c) 1. Notwithstanding s. 457.04 (3), a provisional independent social worker
certificate authorizes the holder to use the title specified in s. 457.04 (3) during the
period in which the certificate is valid.
2. A provisional independent social worker certificate holder is an independent
social worker certified under this chapter for purposes of any law governing
independent social workers certified under this chapter.
(d) Notwithstanding s. 457.04 (4), a provisional clinical social worker license
authorizes the holder to practice clinical social work and use the title specified in s.
457.04 (4) during the period in which the license is valid.
(3) (a) A provisional certificate or license is valid for 36 months unless a
nonprovisional certificate or license is granted under s. 457.08 (6) before expiration
of the provisional certificate or license or unless the provisional certificate or license
is revoked before expiration.
(b) A provisional certificate or license may not be renewed.
(4) (a) During the period during which a provisional certificate or license is
valid, the certificate or license holder shall work to obtain at least 37.5 hours of
supervision according to the requirements of this subsection and the rules
promulgated under sub. (6).
(b) 1. Twenty-five hours of supervision required by par. (a) must consist of
one-on-one in-person supervision.
2. Twelve and one-half hours of supervision required by par. (a) must consist
of one or more of the following types of supervision:
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a. In-person, one-on-one supervision.
b. In-person group supervision. To qualify as in-person group supervision, the
group must not exceed 7 members including the supervisor.
(c) The supervision required by par. (a) must be obtained during the first 2,000
hours of social work practice after the date the provisional certificate or license is
granted. At least 3 hours of supervision must be obtained during every 160 hours
of practice under a provisional certificate or license until a nonprovisional certificate
or license is granted under s. 457.08 (6).
(d) An individual granted a provisional certificate or license shall prepare and
submit, on a form provided by the department, a proposed supervision plan for
meeting the supervision requirements under this subsection. The social worker
section shall review the proposed supervision plan and shall, if the social worker
section is satisfied with the plan, approve the supervisor and the supervision plan.
(e) 1. After being granted a provisional certificate or license under sub. (1), the
provisional certificate or license holder's supervisor shall submit to the social worker
section an evaluation every 6 months during the provisional certificate or license
holder's first 2,000 hours of social work practice under the provisional certificate or
license. The evaluation must meet the requirements established by the examining
board under sub. (6).
2. a. After completion of 2,000 hours of supervised social work practice, the
provisional certificate or license holder's supervisor shall submit to the social worker
section a final evaluation in accordance with rules promulgated under sub. (6) and
attest to the provisional certificate or license holder's ability to engage in the
applicable level of practice of social work competently and ethically.
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b. Notwithstanding subd. 2. a., the social worker section may accept alternative
verification of supervised practice if a provisional certificate or license holder
demonstrates that he or she is unable to arrange for a former supervisor to provide
the required information.
(5) In addition to the grounds for discipline enumerated under s. 457.26 (2), the
social worker section may take any action specified under s. 457.26 (2) (intro.) if the
provisional certificate or license holder does not submit a supervision plan as
required under sub. (4) (d), if the social worker section does not approve a supervisor
and supervision plan as provided under sub. (4) (d), if the provisional certificate or
license holder fails to comply with the supervision plan under sub. (4) (d), or if the
provisional certificate or license holder otherwise fails to comply with the
requirements under this section.
(6) The examining board shall, upon the advice of the social worker section,
promulgate rules establishing all of the following:
(a) Requirements for supervision and qualifications for supervisors under sub.
(4) (a) to (c).
(b) Requirements and procedures for supervision plans under sub. (4) (d),
including requirements and procedures for the preparation and approval of revised
supervision plans when necessary.
(c) Requirements for evaluations under sub. (4) (e).
(END)
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