Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB207 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 207
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Health, Aging and Long-Term Care.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to renumber 457.16 (1); to renumber and amend 440.03 (13) (c) and
9	9	457.12; to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405
10	10	(7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab)
11	11	4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81
12	12	(1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f),
13	13	252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a),
14	14	257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13)
15	15	(b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v)
16	16	(m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.),
17	17	457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1), (2), (3), (4)
18	18	and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4),
19	19	(5) (a) and (b) and (7), 457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and
20	20	(4) (b) 1. and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1) (f), 457.15 (3), 457.20 (1)
21	21	and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1)
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37	37	ASSEMBLY BILL 207
38	38	(e) 4., 800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to
39	39	create 14.896, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of
40	40	chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and
41	41	(2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes
42	42	457.50] of the statutes; relating to: ratification of the Counseling Compact.
43	43	Analysis by the Legislative Reference Bureau
44	44	This bill is explained in the NOTES provided by the Joint Legislative Council in
45	45	the bill.
46	46	For further information see the state fiscal estimate, which will be printed as
47	47	an appendix to this bill.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
51	51	Legislative Council's Study Committee on Occupational Licenses.
52	52	This bill ratifies and enters Wisconsin into the Counseling Compact, which
53	53	provides for the ability of a professional counselor to become eligible to practice in other
54	54	compact states. Significant provisions of the compact include the following:
55	55	1. The creation of a Counseling Compact Commission, which includes one member
56	56	or administrator of the licensure boards of each member state. The commission has
57	57	various powers and duties granted in the compact, including establishing bylaws,
58	58	promulgating binding rules for the compact, employing officers and employees, and
59	59	establishing and electing an executive committee. The commission may levy on and
60	60	collect an annual assessment from each member state or impose fees on other parties to
61	61	cover the cost of the operations and activities of the commission and its staff.
62	62	2. The ability for a professional counselor to obtain a “privilege to practice,” which
63	63	allows a professional counselor to practice professional counseling in another compact
64	64	state (remote state) if the professional counselor satisfies certain criteria. The compact
65	65	specifies a number of requirements in order for a professional counselor to exercise a
66	66	privilege to practice, including holding a professional counselor license in a home state,
67	67	not having any encumbrances or restrictions against a license or privilege in the previous
68	68	two years, and paying any fees and meeting any jurisprudence requirements that may
69	69	be imposed by a remote state. A professional counselor practicing in a remote state under
70	70	a privilege to practice must adhere to the laws and regulations, including the scope of
71	71	practice, of that state. A remote state may, in accordance with that state's laws, remove
72	72	a professional counselor's privilege to practice in the remote state for a specific period of
73	73	time, impose fines, and take any other necessary actions to protect the health and safety
74	74	of its citizens. If a professional counselor's license is encumbered, the counselor loses the
75	75	privilege to practice in all remote states until certain criteria are satisfied. If a
76	76	professional counselor's privilege to practice in any remote state is removed, the
77	77	counselor may lose the privilege to practice in all other remote states until certain criteria
78	78	are satisfied.
79	79	3. The ability of member states to issue subpoenas that are enforceable in other
80	80	states.
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89	89	4. The creation of a coordinated database and reporting system containing
90	90	licensure and disciplinary action information on professional counselors. The compact
91	91	requires all home state disciplinary orders that impose adverse actions to be reported to
92	92	the commission. A member state must submit a uniform data set to the data system on
93	93	all individuals to whom the compact is applicable as required by the rules of the
94	94	commission.
95	95	5. Provisions regarding resolutions of disputes between member states and
96	96	between member and nonmember states, including a process for termination of a state's
97	97	membership in the compact if the state defaults on its obligations under the compact.
98	98	Since the compact has already been enacted by the minimum number of states
99	99	required for it to become active, the compact becomes effective in this state upon
100	100	enactment of the bill. The compact provides that it may be amended upon enactment of
101	101	an amendment by all member states. A state may withdraw from the compact by
102	102	repealing the statute authorizing the compact, but the compact provides that a
103	103	withdrawal does not take effect until six months after the effective date of that repeal.
104	104	SECTION 1. 14.896 of the statutes is created to read:
105	105	14.896 Counseling compact. There is created a counseling compact
106	106	commission as specified in s. 457.50. The delegate on the commission representing
107	107	this state shall be appointed by the marriage and family therapy, professional
108	108	counseling, and social work examining board as provided in s. 457.50 (9) (b) 1. and
109	109	shall be an individual described in s. 457.50 (9) (b) 2. a. or b. The commission has the
110	110	powers and duties granted and imposed under s. 457.50.
111	111	SECTION 2. 15.405 (7c) (a) 1. of the statutes is amended to read:
112	112	15.405 (7c) (a) 1. Four social worker members who are certified or licensed
113	113	under subch. I of ch. 457.
114	114	SECTION 3. 15.405 (7c) (a) 2. of the statutes is amended to read:
115	115	15.405 (7c) (a) 2. Three marriage and family therapist members who are
116	116	licensed under subch. I of ch. 457.
117	117	SECTION 4. 15.405 (7c) (a) 3. of the statutes is amended to read:
118	118	15.405 (7c) (a) 3. Three professional counselor members who are licensed
119	119	under subch. I of ch. 457.
120	120	SECTION 5. 15.405 (7c) (a) 4. of the statutes is amended to read:
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140	140	15.405 (7c) (a) 4. Three public members who represent groups that promote the
141	141	interests of consumers of services provided by persons who are certified or licensed
142	142	under subch. I of ch. 457.
143	143	SECTION 6. 15.405 (7c) (am) 1. of the statutes is amended to read:
144	144	15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch.
145	145	457 as an advanced practice social worker.
146	146	SECTION 7. 15.405 (7c) (am) 3. of the statutes is amended to read:
147	147	15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch.
148	148	457 as a clinical social worker.
149	149	SECTION 8. 15.405 (7c) (c) of the statutes is amended to read:
150	150	15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
151	151	suspending, or revoking a certificate or license under subch. I of ch. 457, and all other
152	152	matters of interest to either the social worker, marriage and family therapist, or
153	153	professional counselor section shall be acted upon solely by the interested section of
154	154	the examining board.
155	155	SECTION 9. 46.90 (4) (ab) 4. of the statutes is amended to read:
156	156	46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family
157	157	therapist certified under subch. I of ch. 457 or a professional counselor who is
158	158	exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
159	159	SECTION 10. 48.56 (2) of the statutes is amended to read:
160	160	48.56 (2) Each county department shall employ personnel who devote all or
161	161	part of their time to child welfare services. Whenever possible, these personnel shall
162	162	be social workers certified under subch. I of ch. 457.
163	163	SECTION 11. 48.561 (2) of the statutes is amended to read:
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192	192	48.561 (2) The department shall employ personnel in a county having a
193	193	population of 750,000 or more who devote all of their time directly or indirectly to
194	194	child welfare services. Whenever possible, these personnel shall be social workers
195	195	certified under subch. I of ch. 457.
196	196	SECTION 12. 49.45 (30j) (a) 1. of the statutes is amended to read:
197	197	49.45 (30j) (a) 1. “Competent mental health professional” means a physician
198	198	who has completed a residence in psychiatry; a psychologist; a private practice school
199	199	psychologist who is licensed under ch. 455; a marriage and family therapist who is
200	200	licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s.
201	201	457.12 or 457.13 or who is exercising the professional counselor privilege to practice,
202	202	as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker
203	203	granted who holds a certificate under s. 457.08 (2); an independent social worker
204	204	granted who holds a certificate under s. 457.08 (3); a clinical social worker who is
205	205	licensed under s. 457.08 (4); a clinical substance abuse counselor or independent
206	206	clinical supervisor who is certified under s. 440.88, or any of these individuals who
207	207	is practicing under a currently valid training or temporary license or certificate
208	208	granted under applicable provisions of ch. 457. “Competent mental health
209	209	professional" does not include an individual whose license or, certificate, or privilege
210	210	is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or
211	211	privilege is limited or restricted, when practicing in areas prohibited by the
212	212	limitation or restriction.
213	213	SECTION 13. 51.03 (6) (a) of the statutes is amended to read:
214	214	51.03 (6) (a) In this subsection, “licensed treatment professional" means a
215	215	physician who has completed a residence in psychiatry; a psychologist; a private
216	216	practice school psychologist who is licensed under ch. 455; a marriage and family
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244	244	therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is
245	245	licensed under s. 457.12 or 457.13 or who is exercising the professional counselor
246	246	privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice
247	247	social worker granted who holds a certificate under s. 457.08 (2); an independent
248	248	social worker who is licensed under s. 457.08 (3); a clinical social worker who is
249	249	licensed under s. 457.08 (4); or any of these individuals who is practicing under a
250	250	currently valid training or temporary license or certificate granted under applicable
251	251	provisions of ch. 457. “Licensed treatment professional" does not include an
252	252	individual whose license or, certificate, or privilege is suspended, revoked, or
253	253	voluntarily surrendered, or whose license or, certificate, or privilege is limited or
254	254	restricted, when practicing in areas prohibited by the limitation or restriction.
255	255	SECTION 14. 55.043 (1m) (a) 4. of the statutes is amended to read:
256	256	55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
257	257	family therapist certified under subch. I of ch. 457 or a professional counselor who
258	258	is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
259	259	SECTION 15. 146.81 (1) (hg) of the statutes is amended to read:
260	260	146.81 (1) (hg) A social worker, marriage and family therapist, or professional
261	261	counselor certified or licensed under subch. I of ch. 457 or a professional counselor
262	262	who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
263	263	SECTION 16. 146.89 (1) (r) 6. of the statutes is amended to read:
264	264	146.89 (1) (r) 6. A social worker who holds a certificate granted under subch.
265	265	I of ch. 457.
266	266	SECTION 17. 146.89 (1) (r) 7. of the statutes is amended to read:
267	267	146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch.
268	268	I of ch. 457 or a professional counselor who is licensed under subch. I of ch. 457.
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298	298	SECTION 18. 146.997 (1) (d) 11. of the statutes is amended to read:
299	299	146.997 (1) (d) 11. A social worker, marriage and family therapist or
300	300	professional counselor certified under subch. I of ch. 457 or a professional counselor
301	301	who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
302	302	SECTION 19. 180.1901 (1m) (f) of the statutes is amended to read:
303	303	180.1901 (1m) (f) Marriage and family therapy, professional counseling, and
304	304	social work examining board under subch. I of ch. 457.
305	305	SECTION 20. 252.14 (1) (ar) 7. of the statutes is amended to read:
306	306	252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
307	307	professional counselor certified or licensed under subch. I of ch. 457 or a professional
308	308	counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s),
309	309	in this state.
310	310	SECTION 21. 252.15 (1) (er) of the statutes is amended to read:
311	311	252.15 (1) (er) “Social worker" means an individual who is certified or licensed
312	312	as a social worker, advanced practice social worker, independent social worker, or
313	313	clinical social worker under subch. I of ch. 457.
314	314	SECTION 22. 253.10 (2) (f) of the statutes is amended to read:
315	315	253.10 (2) (f) “Qualified person assisting the physician" means a social worker
316	316	certified under subch. I of ch. 457, a registered nurse or a physician assistant to
317	317	whom a physician who is to perform or induce an abortion has delegated the
318	318	responsibility, as the physician's agent, for providing the information required under
319	319	sub. (3) (c) 2.
320	320	SECTION 23. 256.215 (2) (b) of the statutes is amended to read:
321	321	256.215 (2) (b) The emergency medical services provider establishes, submits
322	322	to the department, and maintains patient care protocols corresponding to the
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350	350	appropriate service level to be used by a community paramedic or a community
351	351	emergency medical services practitioner. The emergency medical services provider
352	352	may include in a patient care protocol only those services that do not require a
353	353	license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch.
354	354	I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
355	355	SECTION 24. 257.01 (1) (a) of the statutes is amended to read:
356	356	257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist
357	357	or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical
358	358	social worker, a marriage and family therapist, or a professional counselor.
359	359	SECTION 25. 257.01 (1) (b) of the statutes is amended to read:
360	360	257.01 (1) (b) An individual who was at any time within the previous 10 years,
361	361	but is not currently, licensed as a psychologist under ch. 455 or certified as a social
362	362	worker or licensed as a clinical social worker, a marriage and family therapist, or a
363	363	professional counselor under subch. I of ch. 457, if the individual's license or
364	364	certification was never revoked, limited, suspended, or denied renewal.
365	365	SECTION 26. 303.08 (1) (f) of the statutes is amended to read:
366	366	303.08 (1) (f) Obtaining counseling or therapy from an approved public
367	367	treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
368	368	facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical
369	369	social worker, a professional counselor licensed under ch. 457, as defined in s. 457.01
370	370	(7), or a certified independent or advanced practice social worker who is authorized
371	371	to practice psychotherapy under subch. I of ch. 457.
372	372	SECTION 27. 440.03 (9) (a) (intro.) of the statutes is amended to read:
373	373	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
374	374	the department shall, biennially, determine each fee for an initial credential for
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404	404	which no examination is required, for a reciprocal credential, and for a credential
405	405	renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2)
406	406	by doing all of the following:
407	407	SECTION 28. 440.03 (9) (a) 2. of the statutes is amended to read:
408	408	440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
409	409	adjusting for the succeeding fiscal biennium each fee for an initial credential for
410	410	which an examination is not required, for a reciprocal credential, and, subject to s.
411	411	440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
412	412	and, 448.9875 (2), and 457.51 (2), if an adjustment is necessary to reflect the
413	413	approximate administrative and enforcement costs of the department that are
414	414	attributable to the regulation of the particular occupation or business during the
415	415	period in which the initial or reciprocal credential, credential renewal, or compact
416	416	privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
417	417	an estimate of any additional moneys available for the department's general
418	418	program operations as a result of appropriation transfers that have been or are
419	419	estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
420	420	at the time of the deadline for an adjustment under this subdivision or during the
421	421	fiscal biennium beginning on the July 1 immediately following the deadline for an
422	422	adjustment under this subdivision.
423	423	SECTION 29. 440.03 (11m) (c) 2u. of the statutes is created to read:
424	424	440.03 (11m) (c) 2u. The coordinated database and reporting system under s.
425	425	457.50 (10), if such disclosure is required under the counseling compact under s.
426	426	457.50.
427	427	SECTION 30. 440.03 (13) (b) (intro.) of the statutes is amended to read:
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454	454	440.03 (13) (b) (intro.) The department may investigate whether an applicant
455	455	for or holder of any of the following credentials has been charged with or convicted
456	456	of a crime only pursuant to rules promulgated by the department under this
457	457	paragraph, including rules that establish the criteria that the department will use
458	458	to determine whether an investigation under this paragraph is necessary, except as
459	459	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
460	460	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)
461	461	3. and (5) (b) 2. a.:
462	462	SECTION 31. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
463	463	(intro.) and amended to read:
464	464	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
465	465	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
466	466	set of the person's fingerprints:
467	467	a. An applicant for a private detective license or a private security permit under
468	468	s. 440.26, an.
469	469	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
470	470	an.
471	471	c. An applicant for a real estate appraiser certification under s. 458.06 or
472	472	license under s. 458.08, an.
473	473	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
474	474	e. An applicant for a compact license under s. 448.05 (2) (f), an.
475	475	f. An applicant for a physical therapist license under s. 448.53 or physical
476	476	therapist assistant license under s. 448.535, an.
477	477	g. An applicant for an occupational therapist or occupational therapy assistant
478	478	compact privilege under s. 448.987 (4), and an applicant for an occupational
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506	506	SECTION 31
507	507	ASSEMBLY BILL 207
508	508	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
509	509	a., an
510	510	h. An applicant for a psychologist license under s. 455.04, and a.
511	511	z. A person for whom the department conducts an investigation under par. (b),
512	512	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
513	513	set of the person's fingerprints.
514	514	2. The department of justice may submit the fingerprint cards, and the
515	515	department of justice shall submit the fingerprint cards of all applicants for a real
516	516	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
517	517	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
518	518	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
519	519	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
520	520	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
521	521	i., to the federal bureau of investigation for the purpose of verifying the identity of
522	522	the persons fingerprinted and obtaining records of their criminal arrests and
523	523	convictions.
524	524	3. Information obtained from the federal bureau of investigation may be shared
525	525	with the department or the appropriate credentialing board, but shall otherwise be
526	526	kept confidential and is not subject to disclosure under s. 19.35.
527	527	SECTION 32. 440.03 (13) (c) 1. i. of the statutes is created to read:
528	528	440.03 (13) (c) 1. i. An applicant for a professional counselor license or privilege
529	529	to practice under s. 457.12 when required pursuant to the counseling compact under
530	530	s. 457.50.
531	531	SECTION 33. 440.03 (14) (am) of the statutes is amended to read:
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557	557	SECTION 33 ASSEMBLY BILL 207
558	558	440.03 (14) (am) The department may promulgate rules that establish
559	559	requirements for granting a license to practice psychotherapy to a person who is
560	560	registered under par. (a). Rules promulgated under this paragraph shall establish
561	561	requirements for obtaining such a license that are comparable to the requirements
562	562	for obtaining a clinical social worker, marriage and family therapist, or professional
563	563	counselor license under subch. I of ch. 457. If the department promulgates rules
564	564	under this paragraph, the department shall grant a license under this paragraph to
565	565	a person registered under par. (a) who pays the initial credential fee determined by
566	566	the department under s. 440.03 (9) (a) and provides evidence satisfactory to the
567	567	department that he or she satisfies the requirements established in the rules.
568	568	SECTION 34. 440.043 (1) of the statutes is amended to read:
569	569	440.043 (1) The secretary shall appoint an advisory committee under s.
570	570	440.042 to provide advice concerning behavioral health. The advisory committee
571	571	shall semiannually conduct a review of the requirements for obtaining a credential
572	572	under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral
573	573	health.
574	574	SECTION 35. 440.094 (1) (c) 14. of the statutes is amended to read:
575	575	440.094 (1) (c) 14. A social worker, marriage and family therapist, or
576	576	professional counselor certified or licensed under subch. I of ch. 457 or a clinical
577	577	substance abuse counselor certified under s. 440.88.
578	578	SECTION 36. 440.15 of the statutes is amended to read:
579	579	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
580	580	441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
581	581	2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 457.50
582	582	(3) (b) 3. and (5) (b) 2. a., the department or a credentialing board may not require
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610	610	SECTION 36
611	611	ASSEMBLY BILL 207
612	612	that an applicant for a credential or a credential holder be fingerprinted or submit
613	613	fingerprints in connection with the department's or the credentialing board's
614	614	credentialing.
615	615	SECTION 37. 446.01 (1v) (m) of the statutes is amended to read:
616	616	446.01 (1v) (m) Marriage and family therapy, professional counseling, and
617	617	social work examining board under subch. I of ch. 457. “Health care professional"
618	618	also includes an individual who is exercising the professional counselor privilege to
619	619	practice, as defined in s. 457.50 (2) (s), in this state.
620	620	SECTION 38. 448.08 (4) of the statutes is amended to read:
621	621	448.08 (4) PROFESSIONAL PARTNERSHIPS AND CORPORATIONS PERMITTED.
622	622	Notwithstanding any other provision in this section, it is lawful for 2 or more
623	623	physicians, who have entered into a bona fide partnership for the practice of
624	624	medicine, to render a single bill for such services in the name of such partnership,
625	625	and it also is lawful for a service corporation to render a single bill for services in the
626	626	name of the corporation, provided that each individual licensed, registered or
627	627	certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459
628	628	that renders billed services is individually identified as having rendered such
629	629	services.
630	630	SECTION 39. 448.67 (4) of the statutes is amended to read:
631	631	448.67 (4) BILLING BY PROFESSIONAL PARTNERSHIPS AND CORPORATIONS. If 2 or
632	632	more podiatrists have entered into a bona fide partnership or formed a service
633	633	corporation for the practice of podiatry, the partnership or corporation may not
634	634	render a single bill for podiatry services provided in the name of the partnership or
635	635	corporation unless each individual licensed, registered or certified under this
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661	661	SECTION 39 ASSEMBLY BILL 207
662	662	chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459, who provided
663	663	services is individually identified on the bill as having rendered those services.
664	664	SECTION 40. 450.10 (3) (a) 10. of the statutes is amended to read:
665	665	450.10 (3) (a) 10. A social worker, marriage and family therapist, or
666	666	professional counselor certified or licensed under subch. I of ch. 457 or a professional
667	667	counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s),
668	668	in this state.
669	669	SECTION 41. Chapter 457 (title) of the statutes is amended to read:
670	670	CHAPTER 457
671	671	MARRIAGE AND F AMILY THERAPY,
672	672	PROFESSIONAL COUNSELING, AND
673	673	SOCIAL WORK EXAMINING BOARD
674	674	SECTION 42. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes
675	675	is created to read:
676	676	CHAPTER 457
677	677	SUBCHAPTER I
678	678	REGULATION OF MARRIAGE AND
679	679	FAMILY THERAPY, PROFESSIONAL
680	680	COUNSELING, AND SOCIAL WORK
681	681	SECTION 43. 457.01 (intro.) of the statutes is amended to read:
682	682	457.01 Definitions. (intro.) In this chapter subchapter:
683	683	SECTION 44. 457.01 (1g) of the statutes is amended to read:
684	684	457.01 (1g) “Certificate holder" means an individual who is certified under this
685	685	chapter subchapter.
686	686	SECTION 45. 457.01 (1t) of the statutes is created to read:
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714	714	SECTION 45
715	715	ASSEMBLY BILL 207
716	716	457.01 (1t) “Compact” means the counseling compact under s. 457.50.
717	717	SECTION 46. 457.01 (1w) of the statutes is amended to read:
718	718	457.01 (1w) “Credential" means a license or, certificate, or privilege to practice
719	719	granted under this chapter subchapter.
720	720	SECTION 47. 457.01 (2r) of the statutes is amended to read:
721	721	457.01 (2r) “Licensee" means a person who is licensed under this chapter
722	722	subchapter.
723	723	SECTION 48. 457.01 (5m) of the statutes is created to read:
724	724	457.01 (5m) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).
725	725	SECTION 49. 457.01 (7) of the statutes is amended to read:
726	726	457.01 (7) “Professional counselor" means an individual who holds a license to
727	727	practice professional counseling granted by the professional counselor section or who
728	728	holds a valid professional counselor privilege to practice in this state.
729	729	SECTION 50. 457.02 (intro.), (1), (2), (3), (4) and (6) (c) of the statutes are
730	730	amended to read:
731	731	457.02 Applicability. (intro.) This chapter subchapter does not do any of the
732	732	following:
733	733	(1) Require any individual to be certified or licensed under this chapter
734	734	subchapter in order to use the title “pastoral counselor," “investment counselor,"
735	735	“vocational counselor," “career counselor," “alcohol and drug counselor," “chemical
736	736	dependency counselor," or “employee assistance counselor," or to engage in such
737	737	counseling, if the individual does not use any other title or designation that
738	738	represents or may tend to represent that he or she is certified or licensed under this
739	739	chapter subchapter, and does not represent himself or herself as an individual who
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765	765	SECTION 50 ASSEMBLY BILL 207
766	766	engages in social work, advanced practice social work, independent social work,
767	767	clinical social work, marriage and family therapy, or professional counseling.
768	768	(2) Require any individual who is licensed as a school social worker or school
769	769	counselor by the department of public instruction to be certified or licensed under
770	770	this chapter subchapter in order to use the title “school social worker" or “school
771	771	counselor."
772	772	(3) Require a person who is a psychologist or a psychiatrist to be licensed under
773	773	this chapter subchapter in order to use the title “marriage and family therapist,"
774	774	“marriage and family counselor," or “professional counselor" if the psychologist or
775	775	psychiatrist does not use the term “licensed," “certified," or “registered" or any
776	776	similar term in connection with the title “marriage and family therapist," “marriage
777	777	and family counselor," or “professional counselor."
778	778	(4) Authorize any individual who is certified or licensed under this chapter
779	779	subchapter to use the title “school social worker" or “school counselor" unless the
780	780	individual is licensed as a school social worker or school counselor by the department
781	781	of public instruction.
782	782	(6) (c) Provide a consultation or demonstration with an individual licensed
783	783	under this chapter subchapter if the person providing the consultation or
784	784	demonstration is licensed to practice marriage and family therapy, professional
785	785	counseling, or clinical social work in another state or territory of the United States.
786	786	SECTION 51. 457.03 (1), (1m) and (2) of the statutes are amended to read:
787	787	457.03 (1) Upon the advice of the social worker section, marriage and family
788	788	therapist section, and professional counselor section, promulgate rules establishing
789	789	minimum standards for educational programs that must be completed for
790	790	certification or licensure under this chapter subchapter and for supervised clinical
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818	818	SECTION 51
819	819	ASSEMBLY BILL 207
820	820	training that must be completed for licensure as a clinical social worker, marriage
821	821	and family therapist, or professional counselor under this chapter subchapter and
822	822	approve educational programs and supervised clinical training programs in
823	823	accordance with those standards.
824	824	(1m) Upon the advice of the social worker section, marriage and family
825	825	therapist section, and professional counselor section, and consistent with s. 457.16,
826	826	promulgate rules establishing examination requirements for certification and
827	827	licensure under this chapter subchapter.
828	828	(2) Upon the advice of the social worker section, marriage and family therapist
829	829	section, and professional counselor section, promulgate rules establishing a code of
830	830	ethics to govern the professional conduct of certificate holders and licensees. The
831	831	rules shall specify the services included within the practice of social work, advanced
832	832	practice social work, or independent social work that an individual who is certified
833	833	under this chapter subchapter as a social worker, advanced practice social worker,
834	834	or independent social worker may perform and the degree of supervision, if any,
835	835	required to perform those services.
836	836	SECTION 52. 457.033 of the statutes is amended to read:
837	837	457.033 Psychometric testing. The marriage and family therapy,
838	838	professional counseling, and social work examining board and the psychology
839	839	examining board shall jointly promulgate rules that specify the different levels of
840	840	psychometric testing that an individual who is certified or licensed under this
841	841	chapter subchapter, or an individual who holds a valid professional counselor
842	842	privilege to practice in this state, is qualified to perform. Such rules shall be
843	843	consistent with the guidelines of the American Psychological Association, or other
844	844	nationally recognized guidelines, for performing psychometric testing. A certificate
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871	871	SECTION 52 ASSEMBLY BILL 207
872	872	holder or, licensee, or holder of a professional counselor privilege to practice may not
873	873	engage in psychometric testing except as provided under the rules promulgated
874	874	under this section.
875	875	SECTION 53. 457.035 (1) of the statutes is amended to read:
876	876	457.035 (1) The individual is licensed under this chapter subchapter as a
877	877	clinical social worker, marriage and family therapist, or professional counselor or
878	878	holds a valid professional counselor privilege to practice in this state.
879	879	SECTION 54. 457.04 (1), (2), (3), (4), (5) (a) and (b) and (7) of the statutes are
880	880	amended to read:
881	881	457.04 (1) Use the title “social worker" unless the person is certified as a social
882	882	worker under this chapter subchapter.
883	883	(2) Use the title “advanced practice social worker" unless the person is certified
884	884	as an advanced practice social worker under this chapter subchapter.
885	885	(3) Use the title “independent social worker" unless the person is certified as
886	886	an independent social worker under this chapter subchapter.
887	887	(4) Practice clinical social work or designate himself or herself as a clinical
888	888	social worker or use or assume the title “clinical social worker" or any other title or
889	889	designation that represents or may tend to represent the person as a clinical social
890	890	worker unless the person is licensed as a clinical social worker under this chapter
891	891	subchapter or unless the person is certified under this chapter subchapter as an
892	892	advanced practice social worker or independent social worker and the person
893	893	practices clinical social work under the supervision of a person who is licensed as a
894	894	clinical social worker under this chapter subchapter.
895	895	(5) (a) The person is licensed as a marriage and family therapist under this
896	896	chapter subchapter.
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924	924	SECTION 54
925	925	ASSEMBLY BILL 207
926	926	(b) The person is licensed as a clinical social worker under this chapter
927	927	subchapter and initially became certified as an independent clinical social worker
928	928	under ch. 457, 1999 stats., on or before May 31, 1995.
929	929	(7) Practice psychotherapy unless the person is licensed under this chapter
930	930	subchapter or unless the person is a certificate holder who may practice
931	931	psychotherapy under the rules promulgated under ss. 457.03 and 457.035.
932	932	SECTION 55. 457.04 (6) of the statutes is amended to read:
933	933	457.04 (6) Practice professional counseling or designate himself or herself as
934	934	a professional counselor or use or assume the title “professional counselor,"
935	935	“professional rehabilitation counselor," “vocational rehabilitation counselor,"
936	936	“rehabilitation counselor," or any other title or designation that represents or may
937	937	tend to represent the person as a professional counselor unless the person is licensed
938	938	as a professional counselor under this chapter subchapter or holds a valid
939	939	professional counselor privilege to practice in this state.
940	940	SECTION 56. 457.04 (7) of the statutes is amended to read:
941	941	457.04 (7) Practice psychotherapy unless the person is licensed under this
942	942	chapter, holds a valid professional counselor privilege to practice in this state, or
943	943	unless the person is a certificate holder who may practice psychotherapy under the
944	944	rules promulgated under ss. 457.03 and 457.035.
945	945	SECTION 57. 457.06 (intro.) of the statutes is amended to read:
946	946	457.06 General requirements for certification or licensure. (intro.) The
947	947	social worker section, marriage and family therapist section, or professional
948	948	counselor section may not grant any certificate or license under this chapter
949	949	subchapter unless the applicant does all of the following:
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975	975	SECTION 58 ASSEMBLY BILL 207
976	976	SECTION 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to
977	977	read:
978	978	457.09 (2) (b) A social worker training certificate holder is a social worker
979	979	certified under this chapter subchapter for purposes of any law governing social
980	980	workers certified under this chapter subchapter.
981	981	(4) (b) 1. A human services internship that involves direct practice with clients
982	982	and that is supervised by a social worker certified under this chapter subchapter who
983	983	has a bachelor's or master's degree in social work.
984	984	2. One year of social work employment that involves direct practice with clients
985	985	and that is supervised by a social worker certified under this chapter subchapter who
986	986	has a bachelor's or master's degree in social work.
987	987	SECTION 59. 457.12 (title) of the statutes is amended to read:
988	988	457.12 (title) Professional counselor license; privilege to practice.
989	989	SECTION 60. 457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m)
990	990	(intro.), (a), (b), (c) (intro.), 1. d. and 2. d. and (d), as renumbered, are amended to read:
991	991	457.12 (1m) LICENSE. (intro.) The professional counselor section shall, subject
992	992	to sub. (4m), grant a professional counselor license to any individual who does to
993	993	whom all of the following apply:
994	994	(a) Satisfies The individual satisfies the requirements in s. 457.06.
995	995	(b) Submits The individual submits evidence satisfactory to the professional
996	996	counselor section that he or she has received a master's or doctorate degree in
997	997	professional counseling or its equivalent from a program approved by the
998	998	professional counselor section.
999	999	(c) (intro.) Submits The individual submits evidence satisfactory to the
1000	1000	professional counselor section that he or she has done any of the following:
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1028	1028	SECTION 60
1029	1029	ASSEMBLY BILL 207
1030	1030	1. d. An individual, other than an individual specified in subd. 1., 2., or 3. a.,
1031	1031	b., or c., who is approved by the professional counselor section or satisfies
1032	1032	requirements for supervision that are specified in rules promulgated by the
1033	1033	examining board upon the advice of the professional counselor section.
1034	1034	2. d. An individual, other than an individual specified in subd. 1., 2., or 3. a.,
1035	1035	b., or c., who is approved by the professional counselor section or satisfies
1036	1036	requirements for supervision that are specified in rules promulgated by the
1037	1037	examining board upon the advice of the professional counselor section.
1038	1038	(d) Passes The individual passes one or more examinations under s. 457.16
1039	1039	approved by the professional counselor section to determine minimum competence
1040	1040	to practice professional counseling.
1041	1041	SECTION 61. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to
1042	1042	read:
1043	1043	457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and
1044	1044	111.335, have a conviction record.
1045	1045	(2m) LICENSE BASED UPON PRIVILEGE TO PRACTICE. The professional counselor
1046	1046	section shall grant a professional counselor license to any individual to whom all of
1047	1047	the following apply:
1048	1048	(a) The individual satisfies the requirements in s. 457.06.
1049	1049	(b) The individual holds a home state license in another state that is a party
1050	1050	to the compact, has changed his or her primary state of residence to this state, and
1051	1051	satisfies all other requirements under s. 457.50 (5).
1052	1052	(bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have
1053	1053	a conviction record.
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1079	1079	SECTION 61 ASSEMBLY BILL 207
1080	1080	(d) The individual passes an examination described under s. 457.16 (1) (b), if
1081	1081	required.
1082	1082	(3m) PRIVILEGE TO PRACTICE. The professional counselor section shall grant a
1083	1083	professional counselor privilege to practice to any individual to whom all of the
1084	1084	following apply:
1085	1085	(a) The individual holds an unencumbered home state license in another state
1086	1086	that is a party to the compact and satisfies all other requirements under s. 457.50
1087	1087	(4).
1088	1088	(b) The individual applies for the privilege to practice in the manner prescribed
1089	1089	by the department.
1090	1090	(c) The individual pays any fee established by the department under s. 457.51
1091	1091	(2).
1092	1092	(d) The individual passes an examination described under s. 457.16 (1) (b), if
1093	1093	required.
1094	1094	(4m) TYPES OF LICENSE. (a) A professional counselor license granted under sub.
1095	1095	(1m) may be either of the following:
1096	1096	1. A license that, subject to s. 457.50 (4), entitles the holder to obtain and
1097	1097	exercise a privilege to practice in other states that are parties to the compact.
1098	1098	2. A single-state license, which only entitles the holder to practice in this state.
1099	1099	Nothing in the compact applies to the holder of a single-state license unless
1100	1100	otherwise applicable under this subchapter.
1101	1101	(b) When applying for a license under sub. (1m), an individual shall specify
1102	1102	whether he or she is applying for a license under par. (a) 1. or 2.
1103	1103	SECTION 62. 457.13 (1) (c) of the statutes is amended to read:
1104	1104	457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).
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1132	1132	SECTION 63
1133	1133	ASSEMBLY BILL 207
1134	1134	SECTION 63. 457.14 (1) (f) of the statutes is amended to read:
1135	1135	457.14 (1) (f) Satisfies the requirements under s. 457.12 (1) to (3) (1m) (a) to
1136	1136	(c) and has submitted an application to take the next available examination for
1137	1137	licensure under s. 457.12 (4) (1m) (d).
1138	1138	SECTION 64. 457.15 (3) of the statutes is amended to read:
1139	1139	457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2),
1140	1140	the professional counselor section may grant a professional counselor license to any
1141	1141	individual who holds a similar certificate or license in another state or territory of
1142	1142	the United States and who passes an examination approved by the professional
1143	1143	counselor section that tests knowledge of state law relating to professional
1144	1144	counseling, if the professional counselor section determines that the requirements
1145	1145	for obtaining the certificate or license in the other state or territory are substantially
1146	1146	equivalent to the requirements under s. 457.12 (1m).
1147	1147	SECTION 65. 457.16 (1) of the statutes is renumbered 457.16 (1) (a).
1148	1148	SECTION 66. 457.16 (1) (b) of the statutes is created to read:
1149	1149	457.16 (1) (b) The professional counselor section may, in accordance with par.
1150	1150	(a), arrange for an examination that tests an applicant's knowledge of state law
1151	1151	relating to the practice of professional counseling in accordance with s. 457.51 (3),
1152	1152	if such an examination is required for applicants for licensure under s. 457.12 (1m).
1153	1153	SECTION 67. 457.18 of the statutes is created to read:
1154	1154	457.18 Practice under compact. An individual who holds a valid privilege
1155	1155	to practice in this state may, subject to s. 457.51 (4), do any of the following:
1156	1156	(1) Practice professional counseling in this state, subject to s. 457.50 (4).
1157	1157	(2) Practice professional counseling in this state via telehealth, as defined in
1158	1158	s. 457.50 (2) (y), subject to s. 457.50 (7).
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1185	1185	SECTION 68 ASSEMBLY BILL 207
1186	1186	SECTION 68. 457.20 (1) and (2) of the statutes are amended to read:
1187	1187	457.20 (1) The department shall issue a certificate of certification or licensure
1188	1188	to each individual who is certified or licensed under this chapter subchapter.
1189	1189	(2) The renewal dates for certificates and licenses granted under this chapter
1190	1190	subchapter, other than training certificates and licenses or temporary certificates or
1191	1191	licenses, are specified under s. 440.08 (2) (a).
1192	1192	SECTION 69. 457.24 (1) of the statutes is amended to read:
1193	1193	457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
1194	1194	worker, marriage and family therapist, or professional counselor under this chapter
1195	1195	subchapter or who is exercising the professional counselor privilege to practice in
1196	1196	this state may not practice clinical social work, marriage and family therapy, or
1197	1197	professional counseling unless he or she has in effect professional liability insurance.
1198	1198	The examining board shall promulgate rules establishing the minimum amount of
1199	1199	insurance required under this subsection.
1200	1200	SECTION 70. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to
1201	1201	read:
1202	1202	457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate
1203	1203	section of the examining board may make investigations and conduct hearings to
1204	1204	determine whether a violation of this chapter subchapter or any rule promulgated
1205	1205	under this chapter subchapter has occurred.
1206	1206	(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate
1207	1207	section of the examining board may reprimand a credential holder or deny, limit,
1208	1208	suspend, or revoke a credential under this chapter subchapter if it finds that the
1209	1209	applicant or credential holder has done any of the following:
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1236	1236	SECTION 70
1237	1237	ASSEMBLY BILL 207
1238	1238	(h) Violated this chapter subchapter or any rule promulgated under this
1239	1239	chapter subchapter.
1240	1240	SECTION 71. Subchapter II of chapter 457 [precedes 457.50] of the statutes is
1241	1241	created to read:
1242	1242	CHAPTER 457
1243	1243	SUBCHAPTER II
1244	1244	COUNSELING COMP ACT
1245	1245	457.50 Counseling compact. (1) PURPOSE. The purpose of this compact is
1246	1246	to facilitate interstate practice of licensed professional counselors with the goal of
1247	1247	improving public access to professional counseling services. The practice of
1248	1248	professional counseling occurs in the state where the client is located at the time of
1249	1249	the counseling services. The compact preserves the regulatory authority of states to
1250	1250	protect public health and safety through the current system of state licensure. This
1251	1251	compact is designed to achieve the following objectives:
1252	1252	(a) Increase public access to professional counseling services by providing for
1253	1253	the mutual recognition of other member state licenses;
1254	1254	(b) Enhance the states' ability to protect the public's health and safety;
1255	1255	(c) Encourage the cooperation of member states in regulating multistate
1256	1256	practice for licensed professional counselors;
1257	1257	(d) Support spouses of relocating active duty military personnel;
1258	1258	(e) Enhance the exchange of licensure, investigative, and disciplinary
1259	1259	information among member states;
1260	1260	(f) Allow for the use of telehealth technology to facilitate increased access to
1261	1261	professional counseling services;
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1287	1287	SECTION 71 ASSEMBLY BILL 207
1288	1288	(g) Support the uniformity of professional counseling licensure requirements
1289	1289	throughout the states to promote public safety and public health benefits;
1290	1290	(h) Invest all member states with the authority to hold a licensed professional
1291	1291	counselor accountable for meeting all state practice laws in the state in which the
1292	1292	client is located at the time care is rendered through the mutual recognition of
1293	1293	member state licenses;
1294	1294	(i) Eliminate the necessity for licenses in multiple states; and
1295	1295	(j) Provide opportunities for interstate practice by licensed professional
1296	1296	counselors who meet uniform licensure requirements.
1297	1297	(2) DEFINITIONS. As used in this section, and except as otherwise provided, the
1298	1298	following definitions apply:
1299	1299	(a) “Active duty military” means full-time duty status in the active uniformed
1300	1300	service of the United States, including members of the national guard and reserve
1301	1301	on active duty orders pursuant to 10 USC chs. 1209 and 1211.
1302	1302	(b) “Adverse action” means any administrative, civil, equitable or criminal
1303	1303	action permitted by a state's laws which is imposed by a licensing board or other
1304	1304	authority against a licensed professional counselor, including actions against an
1305	1305	individual's license or privilege to practice such as revocation, suspension, probation,
1306	1306	monitoring of the licensee, limitation on the licensee's practice, or any other
1307	1307	encumbrance on licensure affecting a licensed professional counselor's authorization
1308	1308	to practice, including issuance of a cease and desist action.
1309	1309	(c) “Alternative program” means a nondisciplinary monitoring or practice
1310	1310	remediation process approved by a professional counseling licensing board to
1311	1311	address impaired practitioners.
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1338	1338	SECTION 71
1339	1339	ASSEMBLY BILL 207
1340	1340	(d) “Continuing competence/education” means a requirement, as a condition of
1341	1341	license renewal, to provide evidence of participation in, and/or completion of,
1342	1342	educational and professional activities relevant to practice or area of work.
1343	1343	(e) “Counseling compact commission” or “commission” means the national
1344	1344	administrative body whose membership consists of all states that have enacted the
1345	1345	compact.
1346	1346	(f) “Current significant investigative information” means any of the following:
1347	1347	1. Investigative information that a licensing board, after a preliminary inquiry
1348	1348	that includes notification and an opportunity for the licensed professional counselor
1349	1349	to respond, if required by state law, has reason to believe is not groundless and, if
1350	1350	proved true, would indicate more than a minor infraction; or
1351	1351	2. Investigative information that indicates that the licensed professional
1352	1352	counselor represents an immediate threat to public health and safety regardless of
1353	1353	whether the licensed professional counselor has been notified and had an
1354	1354	opportunity to respond.
1355	1355	(g) “Data system” means a repository of information about licensees, including,
1356	1356	but not limited to, continuing education, examination, licensure, investigative,
1357	1357	privilege to practice and adverse action information.
1358	1358	(h) “Encumbered license” means a license in which an adverse action restricts
1359	1359	the practice of licensed professional counseling by the licensee and said adverse
1360	1360	action has been reported to the national practitioners data bank (NPDB).
1361	1361	(i) “Encumbrance” means a revocation or suspension of, or any limitation on,
1362	1362	the full and unrestricted practice of licensed professional counseling by a licensing
1363	1363	board.
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1389	1389	SECTION 71 ASSEMBLY BILL 207
1390	1390	(j) “Executive committee” means a group of directors elected or appointed to act
1391	1391	on behalf of, and within the powers granted to them by, the commission.
1392	1392	(k) “Home state” means the member state that is the licensee's primary state
1393	1393	of residence.
1394	1394	(L) “Impaired practitioner” means an individual who has a condition(s) that
1395	1395	may impair their ability to practice as a licensed professional counselor without some
1396	1396	type of intervention and may include, but is not limited to, alcohol and drug
1397	1397	dependence, mental health impairment, and neurological or physical impairments.
1398	1398	(m) “Investigative information” means information, records, and documents
1399	1399	received or generated by a professional counseling licensing board pursuant to an
1400	1400	investigation.
1401	1401	(n) “Jurisprudence requirement” if required by a member state, means the
1402	1402	assessment of an individual's knowledge of the laws and rules governing the practice
1403	1403	of professional counseling in a state.
1404	1404	(o) “Licensed professional counselor” means a counselor licensed by a member
1405	1405	state, regardless of the title used by that state, to independently assess, diagnose,
1406	1406	and treat behavioral health conditions.
1407	1407	(p) “Licensee” means an individual who currently holds an authorization from
1408	1408	the state to practice as a licensed professional counselor.
1409	1409	(q) “Licensing board” means the agency of a state, or equivalent, that is
1410	1410	responsible for the licensing and regulation of licensed professional counselors.
1411	1411	(r) “Member state” means a state that has enacted the compact.
1412	1412	(s) “Privilege to practice” means a legal authorization, which is equivalent to
1413	1413	a license, permitting the practice of professional counseling in a remote state.
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1440	1440	SECTION 71
1441	1441	ASSEMBLY BILL 207
1442	1442	(t) “Professional counseling” means the assessment, diagnosis, and treatment
1443	1443	of behavioral health conditions by a licensed professional counselor.
1444	1444	(u) “Remote state” means a member state other than the home state, where a
1445	1445	licensee is exercising or seeking to exercise the privilege to practice.
1446	1446	(v) “Rule” means a regulation promulgated by the commission that has the
1447	1447	force of law.
1448	1448	(w) “Single state license” means a licensed professional counselor license
1449	1449	issued by a member state that authorizes practice only within the issuing state and
1450	1450	does not include a privilege to practice in any other member state.
1451	1451	(x) “State” means any state, commonwealth, district, or territory of the United
1452	1452	States of America that regulates the practice of professional counseling.
1453	1453	(y) “Telehealth” means the application of telecommunication technology to
1454	1454	deliver professional counseling services remotely to assess, diagnose, and treat
1455	1455	behavioral health conditions.
1456	1456	(z) “Unencumbered license” means a license that authorizes a licensed
1457	1457	professional counselor to engage in the full and unrestricted practice of professional
1458	1458	counseling.
1459	1459	(3) STATE PARTICIPATION IN THE COMPACT. (a) To participate in the compact, a
1460	1460	state must currently:
1461	1461	1. License and regulate licensed professional counselors.
1462	1462	2. Require licensees to pass a nationally recognized exam approved by the
1463	1463	commission.
1464	1464	3. Require licensees to have a 60 semester-hour (or 90 quarter-hour) master's
1465	1465	degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course
1466	1466	work including the following topic areas:
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1493	1493	SECTION 71 ASSEMBLY BILL 207
1494	1494	a. Professional counseling orientation and ethical practice;
1495	1495	b. Social and cultural diversity;
1496	1496	c. Human growth and development;
1497	1497	d. Career development;
1498	1498	e. Counseling and helping relationships;
1499	1499	f. Group counseling and group work;
1500	1500	g. Diagnosis and treatment; assessment and testing;
1501	1501	h. Research and program evaluation; and
1502	1502	i. Other areas as determined by the commission.
1503	1503	4. Require licensees to complete a supervised postgraduate professional
1504	1504	experience as defined by the commission.
1505	1505	5. Have a mechanism in place for receiving and investigating complaints about
1506	1506	licensees.
1507	1507	(b) A member state shall:
1508	1508	1. Participate fully in the commission's data system, including using the
1509	1509	commission's unique identifier as defined in rules;
1510	1510	2. Notify the commission, in compliance with the terms of the compact and
1511	1511	rules, of any adverse action or the availability of investigative information regarding
1512	1512	a licensee;
1513	1513	3. Implement or utilize procedures for considering the criminal history records
1514	1514	of applicants for an initial privilege to practice. These procedures shall include the
1515	1515	submission of fingerprints or other biometric-based information by applicants for
1516	1516	the purpose of obtaining an applicant's criminal history record information from the
1517	1517	federal bureau of investigation and the agency responsible for retaining that state's
1518	1518	criminal records;
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1546	1546	SECTION 71
1547	1547	ASSEMBLY BILL 207
1548	1548	a. A member state must fully implement a criminal background check
1549	1549	requirement, within a time frame established by rule, by receiving the results of the
1550	1550	federal bureau of investigation record search and shall use the results in making
1551	1551	licensure decisions.
1552	1552	b. Communication between a member state, the commission and among
1553	1553	member states regarding the verification of eligibility for licensure through the
1554	1554	compact shall not include any information received from the federal bureau of
1555	1555	investigation relating to a federal criminal records check performed by a member
1556	1556	state under P. L. 92-544.
1557	1557	4. Comply with the rules of the commission;
1558	1558	5. Require an applicant to obtain or retain a license in the home state and meet
1559	1559	the home state's qualifications for licensure or renewal of licensure, as well as all
1560	1560	other applicable state laws;
1561	1561	6. Grant the privilege to practice to a licensee holding a valid unencumbered
1562	1562	license in another member state in accordance with the terms of the compact and
1563	1563	rules; and
1564	1564	7. Provide for the attendance of the state's commissioner to the counseling
1565	1565	compact commission meetings.
1566	1566	(c) Member states may charge a fee for granting the privilege to practice.
1567	1567	(d) Individuals not residing in a member state shall continue to be able to apply
1568	1568	for a member state's single state license as provided under the laws of each member
1569	1569	state. However, the single state license granted to these individuals shall not be
1570	1570	recognized as granting a privilege to practice professional counseling in any other
1571	1571	member state.
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1597	1597	SECTION 71 ASSEMBLY BILL 207
1598	1598	(e) Nothing in this compact shall affect the requirements established by a
1599	1599	member state for the issuance of a single state license.
1600	1600	(f) A license issued to a licensed professional counselor by a home state to a
1601	1601	resident in that state shall be recognized by each member state as authorizing a
1602	1602	licensed professional counselor to practice professional counseling, under a privilege
1603	1603	to practice, in each member state.
1604	1604	(4) PRIVILEGE TO PRACTICE. (a) To exercise the privilege to practice under the
1605	1605	terms and provisions of the compact, the licensee shall:
1606	1606	1. Hold a license in the home state;
1607	1607	2. Have a valid United States social security number or national practitioner
1608	1608	identifier;
1609	1609	3. Be eligible for a privilege to practice in any member state in accordance with
1610	1610	pars. (d), (g), and (h);
1611	1611	4. Have not had any encumbrance or restriction against any license or privilege
1612	1612	to practice within the previous 2 years;
1613	1613	5. Notify the commission that the licensee is seeking the privilege to practice
1614	1614	within a remote state(s);
1615	1615	6. Pay any applicable fees, including any state fee, for the privilege to practice;
1616	1616	7. Meet any continuing competence/education requirements established by the
1617	1617	home state;
1618	1618	8. Meet any jurisprudence requirements established by the remote state(s) in
1619	1619	which the licensee is seeking a privilege to practice; and
1620	1620	9. Report to the commission any adverse action, encumbrance, or restriction on
1621	1621	license taken by any non-member state within 30 days from the date the action is
1622	1622	taken.
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1649	1649	MED:emw
1650	1650	SECTION 71
1651	1651	ASSEMBLY BILL 207
1652	1652	(b) The privilege to practice is valid until the expiration date of the home state
1653	1653	license. The licensee must comply with the requirements of par. (a) to maintain the
1654	1654	privilege to practice in the remote state.
1655	1655	(c) A licensee providing professional counseling in a remote state under the
1656	1656	privilege to practice shall adhere to the laws and regulations of the remote state.
1657	1657	(d) A licensee providing professional counseling services in a remote state is
1658	1658	subject to that state's regulatory authority. A remote state may, in accordance with
1659	1659	due process and that state's laws, remove a licensee's privilege to practice in the
1660	1660	remote state for a specific period of time, impose fines, and/or take any other
1661	1661	necessary actions to protect the health and safety of its citizens. The licensee may
1662	1662	be ineligible for a privilege to practice in any member state until the specific time for
1663	1663	removal has passed and all fines are paid.
1664	1664	(e) If a home state license is encumbered, the licensee shall lose the privilege
1665	1665	to practice in any remote state until the following occur:
1666	1666	1. The home state license is no longer encumbered; and
1667	1667	2. Have not had any encumbrance or restriction against any license or privilege
1668	1668	to practice within the previous 2 years.
1669	1669	(f) Once an encumbered license in the home state is restored to good standing,
1670	1670	the licensee must meet the requirements of par. (a) to obtain a privilege to practice
1671	1671	in any remote state.
1672	1672	(g) If a licensee's privilege to practice in any remote state is removed, the
1673	1673	individual may lose the privilege to practice in all other remote states until the
1674	1674	following occur:
1675	1675	1. The specific period of time for which the privilege to practice was removed
1676	1676	has ended;
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1702	1702	MED:emw
1703	1703	SECTION 71 ASSEMBLY BILL 207
1704	1704	2. All fines have been paid; and
1705	1705	3. Have not had any encumbrance or restriction against any license or privilege
1706	1706	to practice within the previous 2 years.
1707	1707	(h) Once the requirements of par. (g) have been met, the licensee must meet the
1708	1708	requirements in par. (a) to obtain a privilege to practice in a remote state.
1709	1709	(5) OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE. (a)
1710	1710	A licensed professional counselor may hold a home state license, which allows for a
1711	1711	privilege to practice in other member states, in only one member state at a time.
1712	1712	(b) If a licensed professional counselor changes primary state of residence by
1713	1713	moving between two member states:
1714	1714	1. The licensed professional counselor shall file an application for obtaining a
1715	1715	new home state license based on a privilege to practice, pay all applicable fees, and
1716	1716	notify the current and new home state in accordance with applicable rules adopted
1717	1717	by the commission.
1718	1718	2. Upon receipt of an application for obtaining a new home state license by
1719	1719	virtue of a privilege to practice, the new home state shall verify that the licensed
1720	1720	professional counselor meets the pertinent criteria outlined in sub. (4) via the data
1721	1721	system, without need for primary source verification except for:
1722	1722	a. A federal bureau of investigation fingerprint based criminal background
1723	1723	check if not previously performed or updated pursuant to applicable rules adopted
1724	1724	by the commission in accordance with P. L. 92-544;
1725	1725	b. Other criminal background check as required by the new home state; and
1726	1726	c. Completion of any requisite jurisprudence requirements of the new home
1727	1727	state.
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1753	1753	MED:emw
1754	1754	SECTION 71
1755	1755	ASSEMBLY BILL 207
1756	1756	3. The former home state shall convert the former home state license into a
1757	1757	privilege to practice once the new home state has activated the new home state
1758	1758	license in accordance with applicable rules adopted by the commission.
1759	1759	4. Notwithstanding any other provision of this compact, if the licensed
1760	1760	professional counselor cannot meet the criteria in sub. (4), the new home state may
1761	1761	apply its requirements for issuing a new single state license.
1762	1762	5. The licensed professional counselor shall pay all applicable fees to the new
1763	1763	home state in order to be issued a new home state license.
1764	1764	(c) If a licensed professional counselor changes primary state of residence by
1765	1765	moving from a member state to a non-member state, or from a non-member state
1766	1766	to a member state, the state criteria shall apply for issuance of a single state license
1767	1767	in the new state.
1768	1768	(d) Nothing in this compact shall interfere with a licensee's ability to hold a
1769	1769	single state license in multiple states, however for the purposes of this compact, a
1770	1770	licensee shall have only one home state license.
1771	1771	(e) Nothing in this compact shall affect the requirements established by a
1772	1772	member state for the issuance of a single state license.
1773	1773	(6) ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES. Active duty military
1774	1774	personnel, or their spouse, shall designate a home state where the individual has a
1775	1775	current license in good standing. The individual may retain the home state
1776	1776	designation during the period the service member is on active duty. Subsequent to
1777	1777	designating a home state, the individual shall only change their home state through
1778	1778	application for licensure in the new state, or through the process outlined in sub. (5).
1779	1779	(7) COMPACT PRIVILEGE TO PRACTICE TELEHEALTH. (a) Member states shall
1780	1780	recognize the right of a licensed professional counselor, licensed by a home state in
1781	1781	1
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1806	1806	MED:emw
1807	1807	SECTION 71 ASSEMBLY BILL 207
1808	1808	accordance with sub. (3) and under rules promulgated by the commission, to practice
1809	1809	professional counseling in any member state via telehealth under a privilege to
1810	1810	practice as provided in the compact and rules promulgated by the commission.
1811	1811	(b) A licensee providing professional counseling services in a remote state
1812	1812	under the privilege to practice shall adhere to the laws and regulations of the remote
1813	1813	state.
1814	1814	(8) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state law,
1815	1815	a remote state shall have the authority, in accordance with existing state due process
1816	1816	law, to:
1817	1817	1. Take adverse action against a licensed professional counselor's privilege to
1818	1818	practice within that member state; and
1819	1819	2. Issue subpoenas for both hearings and investigations that require the
1820	1820	attendance and testimony of witnesses as well as the production of evidence.
1821	1821	Subpoenas issued by a licensing board in a member state for the attendance and
1822	1822	testimony of witnesses or the production of evidence from another member state
1823	1823	shall be enforced in the latter state by any court of competent jurisdiction, according
1824	1824	to the practice and procedure of that court applicable to subpoenas issued in
1825	1825	proceedings pending before it. The issuing authority shall pay any witness fees,
1826	1826	travel expenses, mileage, and other fees required by the service statutes of the state
1827	1827	in which the witnesses or evidence are located.
1828	1828	3. Only the home state shall have the power to take adverse action against a
1829	1829	licensed professional counselor's license issued by the home state.
1830	1830	(b) For purposes of taking adverse action, the home state shall give the same
1831	1831	priority and effect to reported conduct received from a member state as it would if
1832	1832	1
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1857	1857	MED:emw
1858	1858	SECTION 71
1859	1859	ASSEMBLY BILL 207
1860	1860	the conduct had occurred within the home state. In so doing, the home state shall
1861	1861	apply its own state laws to determine appropriate action.
1862	1862	(c) The home state shall complete any pending investigations of a licensed
1863	1863	professional counselor who changes primary state of residence during the course of
1864	1864	the investigations. The home state shall also have the authority to take appropriate
1865	1865	action(s) and shall promptly report the conclusions of the investigations to the
1866	1866	administrator of the data system. The administrator of the coordinated licensure
1867	1867	information system shall promptly notify the new home state of any adverse actions.
1868	1868	(d) A member state, if otherwise permitted by state law, may recover from the
1869	1869	affected licensed professional counselor the costs of investigations and dispositions
1870	1870	of cases resulting from any adverse action taken against that licensed professional
1871	1871	counselor.
1872	1872	(e) A member state may take adverse action based on the factual findings of the
1873	1873	remote state, provided that the member state follows its own procedures for taking
1874	1874	the adverse action.
1875	1875	(f) Joint investigations:
1876	1876	1. In addition to the authority granted to a member state by its respective
1877	1877	professional counseling practice act or other applicable state law, any member state
1878	1878	may participate with other member states in joint investigations of licensees.
1879	1879	2. Member states shall share any investigative, litigation, or compliance
1880	1880	materials in furtherance of any joint or individual investigation initiated under the
1881	1881	compact.
1882	1882	(g) If adverse action is taken by the home state against the license of a licensed
1883	1883	professional counselor, the licensed professional counselor's privilege to practice in
1884	1884	all other member states shall be deactivated until all encumbrances have been
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1910	1910	MED:emw
1911	1911	SECTION 71 ASSEMBLY BILL 207
1912	1912	removed from the state license. All home state disciplinary orders that impose
1913	1913	adverse action against the license of a licensed professional counselor shall include
1914	1914	a statement that the licensed professional counselor's privilege to practice is
1915	1915	deactivated in all member states during the pendency of the order.
1916	1916	(h) If a member state takes adverse action, it shall promptly notify the
1917	1917	administrator of the data system. The administrator of the data system shall
1918	1918	promptly notify the home state of any adverse actions by remote states.
1919	1919	(i) Nothing in this compact shall override a member state's decision that
1920	1920	participation in an alternative program may be used in lieu of adverse action.
1921	1921	(9) ESTABLISHMENT OF COUNSELING COMPACT COMMISSION. (a) The compact
1922	1922	member states hereby create and establish a joint public agency known as the
1923	1923	counseling compact commission:
1924	1924	1. The commission is an instrumentality of the compact states.
1925	1925	2. Venue is proper and judicial proceedings by or against the commission shall
1926	1926	be brought solely and exclusively in a court of competent jurisdiction where the
1927	1927	principal office of the commission is located. The commission may waive venue and
1928	1928	jurisdictional defenses to the extent it adopts or consents to participate in alternative
1929	1929	dispute resolution proceedings.
1930	1930	3. Nothing in this compact shall be construed to be a waiver of sovereign
1931	1931	immunity.
1932	1932	(b) Membership, voting, and meetings. 1. Each member state shall have and
1933	1933	be limited to one delegate selected by that member state's licensing board.
1934	1934	2. The delegate shall be either:
1935	1935	a. A current member of the licensing board at the time of appointment, who is
1936	1936	a licensed professional counselor or public member; or
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1962	1962	LRB-0837/1
1963	1963	MED:emw
1964	1964	SECTION 71
1965	1965	ASSEMBLY BILL 207
1966	1966	b. An administrator of the licensing board.
1967	1967	3. Any delegate may be removed or suspended from office as provided by the
1968	1968	law of the state from which the delegate is appointed.
1969	1969	4. The member state licensing board shall fill any vacancy occurring on the
1970	1970	commission within 60 days.
1971	1971	5. Each delegate shall be entitled to one vote with regard to the promulgation
1972	1972	of rules and creation of bylaws and shall otherwise have an opportunity to participate
1973	1973	in the business and affairs of the commission.
1974	1974	6. A delegate shall vote in person or by such other means as provided in the
1975	1975	bylaws. The bylaws may provide for delegates' participation in meetings by
1976	1976	telephone or other means of communication.
1977	1977	7. The commission shall meet at least once during each calendar year.
1978	1978	Additional meetings shall be held as set forth in the bylaws.
1979	1979	8. The commission shall by rule establish a term of office for delegates and may
1980	1980	by rule establish term limits.
1981	1981	(c) The commission shall have the following powers and duties:
1982	1982	1. Establish the fiscal year of the commission;
1983	1983	2. Establish bylaws;
1984	1984	3. Maintain its financial records in accordance with the bylaws;
1985	1985	4. Meet and take such actions as are consistent with the provisions of this
1986	1986	compact and the bylaws;
1987	1987	5. Promulgate rules which shall be binding to the extent and in the manner
1988	1988	provided for in the compact;
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1990	1990	2
1991	1991	3
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1993	1993	5
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2012	2012	MED:emw
2013	2013	SECTION 71 ASSEMBLY BILL 207
2014	2014	6. Bring and prosecute legal proceedings or actions in the name of the
2015	2015	commission, provided that the standing of any state licensing board to sue or be sued
2016	2016	under applicable law shall not be affected;
2017	2017	7. Purchase and maintain insurance and bonds;
2018	2018	8. Borrow, accept, or contract for services of personnel, including, but not
2019	2019	limited to, employees of a member state;
2020	2020	9. Hire employees, elect or appoint officers, fix compensation, define duties,
2021	2021	grant such individuals appropriate authority to carry out the purposes of the
2022	2022	compact, and establish the commission's personnel policies and programs relating
2023	2023	to conflicts of interest, qualifications of personnel, and other related personnel
2024	2024	matters;
2025	2025	10. Accept any and all appropriate donations and grants of money, equipment,
2026	2026	supplies, materials, and services, and to receive, utilize, and dispose of the same;
2027	2027	provided that at all times the commission shall avoid any appearance of impropriety
2028	2028	and/or conflict of interest;
2029	2029	11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
2030	2030	own, hold, improve or use, any property, real, personal or mixed; provided that at all
2031	2031	times the commission shall avoid any appearance of impropriety;
2032	2032	12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise
2033	2033	dispose of any property real, personal, or mixed;
2034	2034	13. Establish a budget and make expenditures;
2035	2035	14. Borrow money;
2036	2036	15. Appoint committees, including standing committees composed of members,
2037	2037	state regulators, state legislators or their representatives, and consumer
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2064	2064	SECTION 71
2065	2065	ASSEMBLY BILL 207
2066	2066	representatives, and such other interested persons as may be designated in this
2067	2067	compact and the bylaws;
2068	2068	16. Provide and receive information from, and cooperate with, law enforcement
2069	2069	agencies;
2070	2070	17. Establish and elect an executive committee; and
2071	2071	18. Perform such other functions as may be necessary or appropriate to achieve
2072	2072	the purposes of this compact consistent with the state regulation of professional
2073	2073	counseling licensure and practice.
2074	2074	(d) The executive committee. 1. The executive committee shall have the power
2075	2075	to act on behalf of the commission according to the terms of this compact.
2076	2076	2. The executive committee shall be composed of up to 11 members:
2077	2077	a. Seven voting members who are elected by the commission from the current
2078	2078	membership of the commission; and
2079	2079	b. Up to 4 ex officio, nonvoting members from 4 recognized national
2080	2080	professional counselor organizations.
2081	2081	c. The ex officio members will be selected by their respective organizations.
2082	2082	3. The commission may remove any member of the executive committee as
2083	2083	provided in bylaws.
2084	2084	4. The executive committee shall meet at least annually.
2085	2085	5. The executive committee shall have the following duties and responsibilities:
2086	2086	a. Recommend to the entire commission changes to the rules or bylaws, changes
2087	2087	to this compact legislation, fees paid by compact member states such as annual dues,
2088	2088	and any commission compact fee charged to licensees for the privilege to practice;
2089	2089	b. Ensure compact administration services are appropriately provided,
2090	2090	contractual or otherwise;
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2116	2116	MED:emw
2117	2117	SECTION 71 ASSEMBLY BILL 207
2118	2118	c. Prepare and recommend the budget;
2119	2119	d. Maintain financial records on behalf of the commission;
2120	2120	e. Monitor compact compliance of member states and provide compliance
2121	2121	reports to the commission;
2122	2122	f. Establish additional committees as necessary; and
2123	2123	g. Other duties as provided in rules or bylaws.
2124	2124	(e) Meetings of the commission. 1. All meetings shall be open to the public, and
2125	2125	public notice of meetings shall be given in the same manner as required under the
2126	2126	rule-making provisions in sub. (11).
2127	2127	2. The commission or the executive committee or other committees of the
2128	2128	commission may convene in a closed, nonpublic meeting if the commission or
2129	2129	executive committee or other committees of the commission must discuss:
2130	2130	a. Noncompliance of a member state with its obligations under the compact;
2131	2131	b. The employment, compensation, discipline or other matters, practices or
2132	2132	procedures related to specific employees or other matters related to the commission's
2133	2133	internal personnel practices and procedures;
2134	2134	c. Current, threatened, or reasonably anticipated litigation;
2135	2135	d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
2136	2136	real estate;
2137	2137	e. Accusing any person of a crime or formally censuring any person;
2138	2138	f. Disclosure of trade secrets or commercial or financial information that is
2139	2139	privileged or confidential;
2140	2140	g. Disclosure of information of a personal nature where disclosure would
2141	2141	constitute a clearly unwarranted invasion of personal privacy;
2142	2142	h. Disclosure of investigative records compiled for law enforcement purposes;
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2168	2168	LRB-0837/1
2169	2169	MED:emw
2170	2170	SECTION 71
2171	2171	ASSEMBLY BILL 207
2172	2172	i. Disclosure of information related to any investigative reports prepared by or
2173	2173	on behalf of or for use of the commission or other committee charged with
2174	2174	responsibility of investigation or determination of compliance issues pursuant to the
2175	2175	compact; or
2176	2176	j. Matters specifically exempted from disclosure by federal or member state
2177	2177	statute.
2178	2178	3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
2179	2179	commission's legal counsel or designee shall certify that the meeting may be closed
2180	2180	and shall reference each relevant exempting provision.
2181	2181	4. The commission shall keep minutes that fully and clearly describe all
2182	2182	matters discussed in a meeting and shall provide a full and accurate summary of
2183	2183	actions taken, and the reasons therefore, including a description of the views
2184	2184	expressed. All documents considered in connection with an action shall be identified
2185	2185	in such minutes. All minutes and documents of a closed meeting shall remain under
2186	2186	seal, subject to release by a majority vote of the commission or order of a court of
2187	2187	competent jurisdiction.
2188	2188	(f) Financing of the commission. 1. The commission shall pay, or provide for
2189	2189	the payment of, the reasonable expenses of its establishment, organization, and
2190	2190	ongoing activities.
2191	2191	2. The commission may accept any and all appropriate revenue sources,
2192	2192	donations, and grants of money, equipment, supplies, materials, and services.
2193	2193	3. The commission may levy on and collect an annual assessment from each
2194	2194	member state or impose fees on other parties to cover the cost of the operations and
2195	2195	activities of the commission and its staff, which must be in a total amount sufficient
2196	2196	to cover its annual budget as approved each year for which revenue is not provided
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2222	2222	MED:emw
2223	2223	SECTION 71 ASSEMBLY BILL 207
2224	2224	by other sources. The aggregate annual assessment amount shall be allocated based
2225	2225	upon a formula to be determined by the commission, which shall promulgate a rule
2226	2226	binding upon all member states.
2227	2227	4. The commission shall not incur obligations of any kind prior to securing the
2228	2228	funds adequate to meet the same; nor shall the commission pledge the credit of any
2229	2229	of the member states, except by and with the authority of the member state.
2230	2230	5. The commission shall keep accurate accounts of all receipts and
2231	2231	disbursements. The receipts and disbursements of the commission shall be subject
2232	2232	to the audit and accounting procedures established under its bylaws. However, all
2233	2233	receipts and disbursements of funds handled by the commission shall be audited
2234	2234	yearly by a certified or licensed public accountant, and the report of the audit shall
2235	2235	be included in and become part of the annual report of the commission.
2236	2236	(g) Qualified immunity, defense, and indemnification. 1. The members,
2237	2237	officers, executive director, employees and representatives of the commission shall
2238	2238	be immune from suit and liability, either personally or in their official capacity, for
2239	2239	any claim for damage to or loss of property or personal injury or other civil liability
2240	2240	caused by or arising out of any actual or alleged act, error or omission that occurred,
2241	2241	or that the person against whom the claim is made had a reasonable basis for
2242	2242	believing occurred within the scope of commission employment, duties or
2243	2243	responsibilities; provided that nothing in this subdivision shall be construed to
2244	2244	protect any such person from suit and/or liability for any damage, loss, injury, or
2245	2245	liability caused by the intentional or willful or wanton misconduct of that person.
2246	2246	2. The commission shall defend any member, officer, executive director,
2247	2247	employee or representative of the commission in any civil action seeking to impose
2248	2248	liability arising out of any actual or alleged act, error, or omission that occurred
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2275	2275	MED:emw
2276	2276	SECTION 71
2277	2277	ASSEMBLY BILL 207
2278	2278	within the scope of commission employment, duties, or responsibilities, or that the
2279	2279	person against whom the claim is made had a reasonable basis for believing occurred
2280	2280	within the scope of commission employment, duties, or responsibilities; provided
2281	2281	that nothing herein shall be construed to prohibit that person from retaining his or
2282	2282	her own counsel; and provided further, that the actual or alleged act, error, or
2283	2283	omission did not result from that person's intentional or willful or wanton
2284	2284	misconduct.
2285	2285	3. The commission shall indemnify and hold harmless any member, officer,
2286	2286	executive director, employee, or representative of the commission for the amount of
2287	2287	any settlement or judgment obtained against that person arising out of any actual
2288	2288	or alleged act, error, or omission that occurred within the scope of commission
2289	2289	employment, duties, or responsibilities, or that such person had a reasonable basis
2290	2290	for believing occurred within the scope of commission employment, duties, or
2291	2291	responsibilities, provided that the actual or alleged act, error, or omission did not
2292	2292	result from the intentional or willful or wanton misconduct of that person.
2293	2293	(10) DATA SYSTEM. (a) The commission shall provide for the development,
2294	2294	maintenance, operation, and utilization of a coordinated database and reporting
2295	2295	system containing licensure, adverse action, and investigative information on all
2296	2296	licensed individuals in member states.
2297	2297	(b) Notwithstanding any other provision of state law to the contrary, a member
2298	2298	state shall submit a uniform data set to the data system on all individuals to whom
2299	2299	this compact is applicable as required by the rules of the commission, including:
2300	2300	1. Identifying information;
2301	2301	2. Licensure data;
2302	2302	3. Adverse actions against a license or privilege to practice;
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2328	2328	MED:emw
2329	2329	SECTION 71 ASSEMBLY BILL 207
2330	2330	4. Nonconfidential information related to alternative program participation;
2331	2331	5. Any denial of application for licensure, and the reason(s) for such denial;
2332	2332	6. Current significant investigative information; and
2333	2333	7. Other information that may facilitate the administration of this compact, as
2334	2334	determined by the rules of the commission.
2335	2335	(c) Investigative information pertaining to a licensee in any member state will
2336	2336	only be available to other member states.
2337	2337	(d) The commission shall promptly notify all member states of any adverse
2338	2338	action taken against a licensee or an individual applying for a license. Adverse action
2339	2339	information pertaining to a licensee in any member state will be available to any
2340	2340	other member state.
2341	2341	(e) Member states contributing information to the data system may designate
2342	2342	information that may not be shared with the public without the express permission
2343	2343	of the contributing state.
2344	2344	(f) Any information submitted to the data system that is subsequently required
2345	2345	to be expunged by the laws of the member state contributing the information shall
2346	2346	be removed from the data system.
2347	2347	(11) RULE MAKING. (a) The commission shall promulgate reasonable rules in
2348	2348	order to effectively and efficiently achieve the purpose of the compact.
2349	2349	Notwithstanding the foregoing, in the event the commission exercises its
2350	2350	rule-making authority in a manner that is beyond the scope of the purposes of the
2351	2351	compact, or the powers granted hereunder, then such an action by the commission
2352	2352	shall be invalid and have no force or effect.
2353	2353	(b) The commission shall exercise its rule-making powers pursuant to the
2354	2354	criteria set forth in this subsection and the rules adopted thereunder. Rules and
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2380	2380	LRB-0837/1
2381	2381	MED:emw
2382	2382	SECTION 71
2383	2383	ASSEMBLY BILL 207
2384	2384	amendments shall become binding as of the date specified in each rule or
2385	2385	amendment.
2386	2386	(c) If a majority of the legislatures of the member states rejects a rule, by
2387	2387	enactment of a statute or resolution in the same manner used to adopt the compact
2388	2388	within 4 years of the date of adoption of the rule, then such rule shall have no further
2389	2389	force and effect in any member state.
2390	2390	(d) Rules or amendments to the rules shall be adopted at a regular or special
2391	2391	meeting of the commission.
2392	2392	(e) Prior to promulgation and adoption of a final rule or rules by the
2393	2393	commission, and at least 30 days in advance of the meeting at which the rule will be
2394	2394	considered and voted upon, the commission shall file a notice of proposed rule
2395	2395	making:
2396	2396	1. On the website of the commission or other publicly accessible platform; and
2397	2397	2. On the website of each member state professional counseling licensing board
2398	2398	or other publicly accessible platform or the publication in which each state would
2399	2399	otherwise publish proposed rules.
2400	2400	(f) The notice of proposed rule making shall include:
2401	2401	1. The proposed time, date, and location of the meeting in which the rule will
2402	2402	be considered and voted upon;
2403	2403	2. The text of the proposed rule or amendment and the reason for the proposed
2404	2404	rule;
2405	2405	3. A request for comments on the proposed rule from any interested person; and
2406	2406	4. The manner in which interested persons may submit notice to the
2407	2407	commission of their intention to attend the public hearing and any written
2408	2408	comments.
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2434	2434	MED:emw
2435	2435	SECTION 71 ASSEMBLY BILL 207
2436	2436	(g) Prior to adoption of a proposed rule, the commission shall allow persons to
2437	2437	submit written data, facts, opinions, and arguments, which shall be made available
2438	2438	to the public.
2439	2439	(h) The commission shall grant an opportunity for a public hearing before it
2440	2440	adopts a rule or amendment if a hearing is requested by:
2441	2441	1. At least 25 persons;
2442	2442	2. A state or federal governmental subdivision or agency; or
2443	2443	3. An association having at least 25 members.
2444	2444	(i) If a hearing is held on the proposed rule or amendment, the commission shall
2445	2445	publish the place, time, and date of the scheduled public hearing. If the hearing is
2446	2446	held via electronic means, the commission shall publish the mechanism for access
2447	2447	to the electronic hearing.
2448	2448	1. All persons wishing to be heard at the hearing shall notify the executive
2449	2449	director of the commission or other designated member in writing of their desire to
2450	2450	appear and testify at the hearing not less than 5 business days before the scheduled
2451	2451	date of the hearing.
2452	2452	2. Hearings shall be conducted in a manner providing each person who wishes
2453	2453	to comment a fair and reasonable opportunity to comment orally or in writing.
2454	2454	3. All hearings will be recorded. A copy of the recording will be made available
2455	2455	on request.
2456	2456	4. Nothing in this subsection shall be construed as requiring a separate hearing
2457	2457	on each rule. Rules may be grouped for the convenience of the commission at
2458	2458	hearings required by this subsection.
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2482	2482	LRB-0837/1
2483	2483	MED:emw
2484	2484	SECTION 71
2485	2485	ASSEMBLY BILL 207
2486	2486	(j) Following the scheduled hearing date, or by the close of business on the
2487	2487	scheduled hearing date if the hearing was not held, the commission shall consider
2488	2488	all written and oral comments received.
2489	2489	(k) If no written notice of intent to attend the public hearing by interested
2490	2490	parties is received, the commission may proceed with promulgation of the proposed
2491	2491	rule without a public hearing.
2492	2492	(L) The commission shall, by majority vote of all members, take final action on
2493	2493	the proposed rule and shall determine the effective date of the rule, if any, based on
2494	2494	the rule-making record and the full text of the rule.
2495	2495	(m) Upon determination that an emergency exists, the commission may
2496	2496	consider and adopt an emergency rule without prior notice, opportunity for
2497	2497	comment, or hearing, provided that the usual rule-making procedures provided in
2498	2498	the compact and in this subsection shall be retroactively applied to the rule as soon
2499	2499	as reasonably possible, in no event later than 90 days after the effective date of the
2500	2500	rule. For the purposes of this provision, an emergency rule is one that must be
2501	2501	adopted immediately in order to:
2502	2502	1. Meet an imminent threat to public health, safety, or welfare;
2503	2503	2. Prevent a loss of commission or member state funds;
2504	2504	3. Meet a deadline for the promulgation of an administrative rule that is
2505	2505	established by federal law or rule; or
2506	2506	4. Protect public health and safety.
2507	2507	(n) The commission or an authorized committee of the commission may direct
2508	2508	revisions to a previously adopted rule or amendment for purposes of correcting
2509	2509	typographical errors, errors in format, errors in consistency, or grammatical errors.
2510	2510	Public notice of any revisions shall be posted on the website of the commission. The
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2536	2536	MED:emw
2537	2537	SECTION 71 ASSEMBLY BILL 207
2538	2538	revision shall be subject to challenge by any person for a period of 30 days after
2539	2539	posting. The revision may be challenged only on grounds that the revision results
2540	2540	in a material change to a rule. A challenge shall be made in writing and delivered
2541	2541	to the chair of the commission prior to the end of the notice period. If no challenge
2542	2542	is made, the revision will take effect without further action. If the revision is
2543	2543	challenged, the revision may not take effect without the approval of the commission.
2544	2544	(12) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
2545	2545	executive, legislative, and judicial branches of state government in each member
2546	2546	state shall enforce this compact and take all actions necessary and appropriate to
2547	2547	effectuate the compact's purposes and intent. The provisions of this compact and the
2548	2548	rules promulgated hereunder shall have standing as statutory law.
2549	2549	2. All courts shall take judicial notice of the compact and the rules in any
2550	2550	judicial or administrative proceeding in a member state pertaining to the subject
2551	2551	matter of this compact which may affect the powers, responsibilities, or actions of the
2552	2552	commission.
2553	2553	3. The commission shall be entitled to receive service of process in any such
2554	2554	proceeding and shall have standing to intervene in such a proceeding for all
2555	2555	purposes. Failure to provide service of process to the commission shall render a
2556	2556	judgment or order void as to the commission, this compact, or promulgated rules.
2557	2557	(b) Default, technical assistance, and termination. 1. If the commission
2558	2558	determines that a member state has defaulted in the performance of its obligations
2559	2559	or responsibilities under this compact or the promulgated rules, the commission
2560	2560	shall:
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2584	2584	LRB-0837/1
2585	2585	MED:emw
2586	2586	SECTION 71
2587	2587	ASSEMBLY BILL 207
2588	2588	a. Provide written notice to the defaulting state and other member states of the
2589	2589	nature of the default, the proposed means of curing the default and/or any other
2590	2590	action to be taken by the commission; and
2591	2591	b. Provide remedial training and specific technical assistance regarding the
2592	2592	default.
2593	2593	(c) If a state in default fails to cure the default, the defaulting state may be
2594	2594	terminated from the compact upon an affirmative vote of a majority of the member
2595	2595	states, and all rights, privileges, and benefits conferred by this compact may be
2596	2596	terminated on the effective date of termination. A cure of the default does not relieve
2597	2597	the offending state of obligations or liabilities incurred during the period of default.
2598	2598	(d) Termination of membership in the compact shall be imposed only after all
2599	2599	other means of securing compliance have been exhausted. Notice of intent to
2600	2600	suspend or terminate shall be given by the commission to the governor, the majority
2601	2601	and minority leaders of the defaulting state's legislature, and each of the member
2602	2602	states.
2603	2603	(e) A state that has been terminated is responsible for all assessments,
2604	2604	obligations, and liabilities incurred through the effective date of termination,
2605	2605	including obligations that extend beyond the effective date of termination.
2606	2606	(f) The commission shall not bear any costs related to a state that is found to
2607	2607	be in default or that has been terminated from the compact, unless agreed upon in
2608	2608	writing between the commission and the defaulting state.
2609	2609	(g) The defaulting state may appeal the action of the commission by petitioning
2610	2610	the U.S. district court for the District of Columbia or the federal district where the
2611	2611	commission has its principal offices. The prevailing member shall be awarded all
2612	2612	costs of such litigation, including reasonable attorney's fees.
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2639	2639	SECTION 71 ASSEMBLY BILL 207
2640	2640	(h) Dispute resolution. 1. Upon request by a member state, the commission
2641	2641	shall attempt to resolve disputes related to the compact that arise among member
2642	2642	states and between member and non-member states.
2643	2643	2. The commission shall promulgate a rule providing for both mediation and
2644	2644	binding dispute resolution for disputes as appropriate.
2645	2645	(i) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
2646	2646	shall enforce the provisions and rules of this compact.
2647	2647	2. By majority vote, the commission may initiate legal action in the United
2648	2648	States district court for the District of Columbia or the federal district where the
2649	2649	commission has its principal offices against a member state in default to enforce
2650	2650	compliance with the provisions of the compact and its promulgated rules and bylaws.
2651	2651	The relief sought may include both injunctive relief and damages. In the event
2652	2652	judicial enforcement is necessary, the prevailing member shall be awarded all costs
2653	2653	of such litigation, including reasonable attorney's fees.
2654	2654	3. The remedies herein shall not be the exclusive remedies of the commission.
2655	2655	The commission may pursue any other remedies available under federal or state law.
2656	2656	(13) DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
2657	2657	ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT. (a) The compact shall come into
2658	2658	effect on the date on which the compact statute is enacted into law in the 10th
2659	2659	member state. The provisions, which become effective at that time, shall be limited
2660	2660	to the powers granted to the commission relating to assembly and the promulgation
2661	2661	of rules. Thereafter, the commission shall meet and exercise rule-making powers
2662	2662	necessary to the implementation and administration of the compact.
2663	2663	(b) Any state that joins the compact subsequent to the commission's initial
2664	2664	adoption of the rules shall be subject to the rules as they exist on the date on which
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2692	2692	SECTION 71
2693	2693	ASSEMBLY BILL 207
2694	2694	the compact becomes law in that state. Any rule that has been previously adopted
2695	2695	by the commission shall have the full force and effect of law on the day the compact
2696	2696	becomes law in that state.
2697	2697	(c) Any member state may withdraw from this compact by enacting a statute
2698	2698	repealing the same.
2699	2699	1. A member state's withdrawal shall not take effect until 6 months after
2700	2700	enactment of the repealing statute.
2701	2701	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2702	2702	state's professional counseling licensing board to comply with the investigative and
2703	2703	adverse action reporting requirements of this act prior to the effective date of
2704	2704	withdrawal.
2705	2705	(d) Nothing contained in this compact shall be construed to invalidate or
2706	2706	prevent any professional counseling licensure agreement or other cooperative
2707	2707	arrangement between a member state and a non-member state that does not conflict
2708	2708	with the provisions of this compact.
2709	2709	(e) This compact may be amended by the member states. No amendment to this
2710	2710	compact shall become effective and binding upon any member state until it is enacted
2711	2711	into the laws of all member states.
2712	2712	(14) CONSTRUCTION AND SEVERABILITY. This compact shall be liberally construed
2713	2713	so as to effectuate the purposes thereof. The provisions of this compact shall be
2714	2714	severable and if any phrase, clause, sentence or provision of this compact is declared
2715	2715	to be contrary to the constitution of any member state or of the United States or the
2716	2716	applicability thereof to any government, agency, person or circumstance is held
2717	2717	invalid, the validity of the remainder of this compact and the applicability thereof to
2718	2718	any government, agency, person or circumstance shall not be affected thereby. If this
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2745	2745	SECTION 71 ASSEMBLY BILL 207
2746	2746	compact shall be held contrary to the constitution of any member state, the compact
2747	2747	shall remain in full force and effect as to the remaining member states and in full
2748	2748	force and effect as to the member state affected as to all severable matters.
2749	2749	(15) BINDING EFFECT OF COMPACT AND OTHER LAWS. (a) A licensee providing
2750	2750	professional counseling services in a remote state under the privilege to practice
2751	2751	shall adhere to the laws and regulations, including scope of practice, of the remote
2752	2752	state.
2753	2753	(b) Nothing herein prevents the enforcement of any other law of a member state
2754	2754	that is not inconsistent with the compact.
2755	2755	(c) Any laws in a member state in conflict with the compact are superseded to
2756	2756	the extent of the conflict.
2757	2757	(d) Any lawful actions of the commission, including all rules and bylaws
2758	2758	properly promulgated by the commission, are binding upon the member states.
2759	2759	(e) All permissible agreements between the commission and the member states
2760	2760	are binding in accordance with their terms.
2761	2761	(f) In the event any provision of the compact exceeds the constitutional limits
2762	2762	imposed on the legislature of any member state, the provision shall be ineffective to
2763	2763	the extent of the conflict with the constitutional provision in question in that member
2764	2764	state.
2765	2765	457.51 Implementation of the counseling compact. (1) In this section:
2766	2766	(a) “Examining board" means the marriage and family therapy, professional
2767	2767	counseling, and social work examining board.
2768	2768	(b) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).
2769	2769	(c) “Professional counselor section” means the professional counselor section
2770	2770	of the examining board.
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2798	2798	SECTION 71
2799	2799	ASSEMBLY BILL 207
2800	2800	(2) The department may impose a fee for an individual to receive a privilege
2801	2801	to practice as provided in s. 457.50 (3) (c).
2802	2802	(3) The professional counselor section may, by rule, require an individual
2803	2803	applying for a license under s. 457.12 (2m) or an individual seeking a privilege to
2804	2804	practice under s. 457.12 (3m) to meet a jurisprudence requirement in accordance
2805	2805	with s. 457.50 (4) (a) 8., if such a requirement is imposed by the professional
2806	2806	counselor section under s. 457.16 in order to obtain a license under s. 457.12 (1m).
2807	2807	(4) (a) An individual who is exercising the privilege to practice in this state
2808	2808	shall comply with s. 440.03 (13) (am).
2809	2809	(b) Subject to s. 457.50 and any rules promulgated thereunder, ss. 440.20 to
2810	2810	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
2811	2811	is exercising the privilege to practice in this state in the same manner that they apply
2812	2812	to holders of licenses issued under subch. I.
2813	2813	SECTION 72. 632.89 (1) (dm) of the statutes is amended to read:
2814	2814	632.89 (1) (dm) “Licensed mental health professional" means a clinical social
2815	2815	worker who is licensed under subch. I of ch. 457, a marriage and family therapist who
2816	2816	is licensed under s. 457.10, or a professional counselor who is licensed under s. 457.12
2817	2817	or who is exercising the professional counselor privilege to practice, as defined in s.
2818	2818	457.50 (2) (s), in this state.
2819	2819	SECTION 73. 632.89 (1) (e) 4. of the statutes is amended to read:
2820	2820	632.89 (1) (e) 4. A licensed mental health professional practicing within the
2821	2821	scope of his or her license credential under subch. I of ch. 457 and applicable rules.
2822	2822	SECTION 74. 800.035 (2m) of the statutes is amended to read:
2823	2823	800.035 (2m) A municipal court shall appoint a guardian ad litem or social
2824	2824	worker certified or licensed under subch. I of ch. 457 for any defendant that the court
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2851	2851	SECTION 74 ASSEMBLY BILL 207
2852	2852	has reason to believe lacks substantial mental capacity to understand the
2853	2853	proceedings or assist in his or her defense. The person appointed under this
2854	2854	paragraph shall assist the court in making a determination concerning the
2855	2855	defendant's mental capacity. If the court determines that the defendant lacks the
2856	2856	mental capacity to understand the proceedings or assist in his or her defense, the
2857	2857	court shall suspend the proceedings. The cost of the guardian ad litem or social
2858	2858	worker shall be paid by the municipality or municipalities that established the court.
2859	2859	The governing body may by ordinance or bylaw authorize the appointment of a
2860	2860	guardian ad litem by the municipal judge in any other matter within the jurisdiction
2861	2861	of the municipal court.
2862	2862	SECTION 75. 905.04 (1) (bm) of the statutes is amended to read:
2863	2863	905.04 (1) (bm) “Marriage and family therapist" means an individual who is
2864	2864	licensed as a marriage and family therapist under subch. I of ch. 457 or an individual
2865	2865	reasonably believed by the patient to be a marriage and family therapist.
2866	2866	SECTION 76. 905.04 (1) (dm) of the statutes is amended to read:
2867	2867	905.04 (1) (dm) “Professional counselor" means an individual who is licensed
2868	2868	as a professional counselor under subch. I of ch. 457, an individual who is exercising
2869	2869	the privilege to practice, as defined in s. 457.50 (2) (s), in this state, or an individual
2870	2870	reasonably believed by the patient to be a professional counselor.
2871	2871	SECTION 77. 905.04 (1) (g) of the statutes is amended to read:
2872	2872	905.04 (1) (g) “Social worker" means an individual who is certified or licensed
2873	2873	as a social worker, advanced practice social worker, independent social worker, or
2874	2874	clinical social worker under subch. I of ch. 457 or an individual reasonably believed
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2900	2900	SECTION 77
2901	2901	ASSEMBLY BILL 207
2902	2902	by the patient to be a social worker, advanced practice social worker, independent
2903	2903	social worker, or clinical social worker.
2904	2904	(END)
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