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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 207
April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 457.16 (1); to renumber and amend 440.03 (13) (c) and
457.12; to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405
(7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab)
4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81
(1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f),
252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a),
257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13)
(b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v)
(m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.),
457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1), (2), (3), (4)
and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4),
(5) (a) and (b) and (7), 457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and
(4) (b) 1. and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1) (f), 457.15 (3), 457.20 (1)
and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1)
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(e) 4., 800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to
create 14.896, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of
chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and
(2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes
457.50] of the statutes; relating to: ratification of the Counseling Compact.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
Legislative Council's Study Committee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Counseling Compact, which
provides for the ability of a professional counselor to become eligible to practice in other
compact states. Significant provisions of the compact include the following:
1. The creation of a Counseling Compact Commission, which includes one member
or administrator of the licensure boards of each member state. The commission has
various powers and duties granted in the compact, including establishing bylaws,
promulgating binding rules for the compact, employing officers and employees, and
establishing and electing an executive committee. The commission may levy on and
collect an annual assessment from each member state or impose fees on other parties to
cover the cost of the operations and activities of the commission and its staff.
2. The ability for a professional counselor to obtain a “privilege to practice,” which
allows a professional counselor to practice professional counseling in another compact
state (remote state) if the professional counselor satisfies certain criteria. The compact
specifies a number of requirements in order for a professional counselor to exercise a
privilege to practice, including holding a professional counselor license in a home state,
not having any encumbrances or restrictions against a license or privilege in the previous
two years, and paying any fees and meeting any jurisprudence requirements that may
be imposed by a remote state. A professional counselor practicing in a remote state under
a privilege to practice must adhere to the laws and regulations, including the scope of
practice, of that state. A remote state may, in accordance with that state's laws, remove
a professional counselor's privilege to practice in the remote state for a specific period of
time, impose fines, and take any other necessary actions to protect the health and safety
of its citizens. If a professional counselor's license is encumbered, the counselor loses the
privilege to practice in all remote states until certain criteria are satisfied. If a
professional counselor's privilege to practice in any remote state is removed, the
counselor may lose the privilege to practice in all other remote states until certain criteria
are satisfied.
3. The ability of member states to issue subpoenas that are enforceable in other
states.
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4. The creation of a coordinated database and reporting system containing
licensure and disciplinary action information on professional counselors. The compact
requires all home state disciplinary orders that impose adverse actions to be reported to
the commission. A member state must submit a uniform data set to the data system on
all individuals to whom the compact is applicable as required by the rules of the
commission.
5. Provisions regarding resolutions of disputes between member states and
between member and nonmember states, including a process for termination of a state's
membership in the compact if the state defaults on its obligations under the compact.
Since the compact has already been enacted by the minimum number of states
required for it to become active, the compact becomes effective in this state upon
enactment of the bill. The compact provides that it may be amended upon enactment of
an amendment by all member states. A state may withdraw from the compact by
repealing the statute authorizing the compact, but the compact provides that a
withdrawal does not take effect until six months after the effective date of that repeal.
SECTION 1. 14.896 of the statutes is created to read:
14.896 Counseling compact. There is created a counseling compact
commission as specified in s. 457.50. The delegate on the commission representing
this state shall be appointed by the marriage and family therapy, professional
counseling, and social work examining board as provided in s. 457.50 (9) (b) 1. and
shall be an individual described in s. 457.50 (9) (b) 2. a. or b. The commission has the
powers and duties granted and imposed under s. 457.50.
SECTION 2. 15.405 (7c) (a) 1. of the statutes is amended to read:
15.405 (7c) (a) 1. Four social worker members who are certified or licensed
under subch. I of ch. 457.
SECTION 3. 15.405 (7c) (a) 2. of the statutes is amended to read:
15.405 (7c) (a) 2. Three marriage and family therapist members who are
licensed under subch. I of ch. 457.
SECTION 4. 15.405 (7c) (a) 3. of the statutes is amended to read:
15.405 (7c) (a) 3. Three professional counselor members who are licensed
under subch. I of ch. 457.
SECTION 5. 15.405 (7c) (a) 4. of the statutes is amended to read:
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15.405 (7c) (a) 4. Three public members who represent groups that promote the
interests of consumers of services provided by persons who are certified or licensed
under subch. I of ch. 457.
SECTION 6. 15.405 (7c) (am) 1. of the statutes is amended to read:
15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch.
457 as an advanced practice social worker.
SECTION 7. 15.405 (7c) (am) 3. of the statutes is amended to read:
15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch.
457 as a clinical social worker.
SECTION 8. 15.405 (7c) (c) of the statutes is amended to read:
15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
suspending, or revoking a certificate or license under subch. I of ch. 457, and all other
matters of interest to either the social worker, marriage and family therapist, or
professional counselor section shall be acted upon solely by the interested section of
the examining board.
SECTION 9. 46.90 (4) (ab) 4. of the statutes is amended to read:
46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family
therapist certified under subch. I of ch. 457 or a professional counselor who is
exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 10. 48.56 (2) of the statutes is amended to read:
48.56 (2) Each county department shall employ personnel who devote all or
part of their time to child welfare services. Whenever possible, these personnel shall
be social workers certified under subch. I of ch. 457.
SECTION 11. 48.561 (2) of the statutes is amended to read:
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48.561 (2) The department shall employ personnel in a county having a
population of 750,000 or more who devote all of their time directly or indirectly to
child welfare services. Whenever possible, these personnel shall be social workers
certified under subch. I of ch. 457.
SECTION 12. 49.45 (30j) (a) 1. of the statutes is amended to read:
49.45 (30j) (a) 1. “Competent mental health professional” means a physician
who has completed a residence in psychiatry; a psychologist; a private practice school
psychologist who is licensed under ch. 455; a marriage and family therapist who is
licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s.
457.12 or 457.13 or who is exercising the professional counselor privilege to practice,
as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker
granted who holds a certificate under s. 457.08 (2); an independent social worker
granted who holds a certificate under s. 457.08 (3); a clinical social worker who is
licensed under s. 457.08 (4); a clinical substance abuse counselor or independent
clinical supervisor who is certified under s. 440.88, or any of these individuals who
is practicing under a currently valid training or temporary license or certificate
granted under applicable provisions of ch. 457. “Competent mental health
professional" does not include an individual whose license or, certificate, or privilege
is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or
privilege is limited or restricted, when practicing in areas prohibited by the
limitation or restriction.
SECTION 13. 51.03 (6) (a) of the statutes is amended to read:
51.03 (6) (a) In this subsection, “licensed treatment professional" means a
physician who has completed a residence in psychiatry; a psychologist; a private
practice school psychologist who is licensed under ch. 455; a marriage and family
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therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is
licensed under s. 457.12 or 457.13 or who is exercising the professional counselor
privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice
social worker granted who holds a certificate under s. 457.08 (2); an independent
social worker who is licensed under s. 457.08 (3); a clinical social worker who is
licensed under s. 457.08 (4); or any of these individuals who is practicing under a
currently valid training or temporary license or certificate granted under applicable
provisions of ch. 457. “Licensed treatment professional" does not include an
individual whose license or, certificate, or privilege is suspended, revoked, or
voluntarily surrendered, or whose license or, certificate, or privilege is limited or
restricted, when practicing in areas prohibited by the limitation or restriction.
SECTION 14. 55.043 (1m) (a) 4. of the statutes is amended to read:
55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
family therapist certified under subch. I of ch. 457 or a professional counselor who
is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 15. 146.81 (1) (hg) of the statutes is amended to read:
146.81 (1) (hg) A social worker, marriage and family therapist, or professional
counselor certified or licensed under subch. I of ch. 457 or a professional counselor
who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 16. 146.89 (1) (r) 6. of the statutes is amended to read:
146.89 (1) (r) 6. A social worker who holds a certificate granted under subch.
I of ch. 457.
SECTION 17. 146.89 (1) (r) 7. of the statutes is amended to read:
146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch.
I of ch. 457 or a professional counselor who is licensed under subch. I of ch. 457.
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SECTION 18. 146.997 (1) (d) 11. of the statutes is amended to read:
146.997 (1) (d) 11. A social worker, marriage and family therapist or
professional counselor certified under subch. I of ch. 457 or a professional counselor
who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 19. 180.1901 (1m) (f) of the statutes is amended to read:
180.1901 (1m) (f) Marriage and family therapy, professional counseling, and
social work examining board under subch. I of ch. 457.
SECTION 20. 252.14 (1) (ar) 7. of the statutes is amended to read:
252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
professional counselor certified or licensed under subch. I of ch. 457 or a professional
counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s),
in this state.
SECTION 21. 252.15 (1) (er) of the statutes is amended to read:
252.15 (1) (er) “Social worker" means an individual who is certified or licensed
as a social worker, advanced practice social worker, independent social worker, or
clinical social worker under subch. I of ch. 457.
SECTION 22. 253.10 (2) (f) of the statutes is amended to read:
253.10 (2) (f) “Qualified person assisting the physician" means a social worker
certified under subch. I of ch. 457, a registered nurse or a physician assistant to
whom a physician who is to perform or induce an abortion has delegated the
responsibility, as the physician's agent, for providing the information required under
sub. (3) (c) 2.
SECTION 23. 256.215 (2) (b) of the statutes is amended to read:
256.215 (2) (b) The emergency medical services provider establishes, submits
to the department, and maintains patient care protocols corresponding to the
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appropriate service level to be used by a community paramedic or a community
emergency medical services practitioner. The emergency medical services provider
may include in a patient care protocol only those services that do not require a
license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch.
I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
SECTION 24. 257.01 (1) (a) of the statutes is amended to read:
257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist
or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical
social worker, a marriage and family therapist, or a professional counselor.
SECTION 25. 257.01 (1) (b) of the statutes is amended to read:
257.01 (1) (b) An individual who was at any time within the previous 10 years,
but is not currently, licensed as a psychologist under ch. 455 or certified as a social
worker or licensed as a clinical social worker, a marriage and family therapist, or a
professional counselor under subch. I of ch. 457, if the individual's license or
certification was never revoked, limited, suspended, or denied renewal.
SECTION 26. 303.08 (1) (f) of the statutes is amended to read:
303.08 (1) (f) Obtaining counseling or therapy from an approved public
treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical
social worker, a professional counselor licensed under ch. 457, as defined in s. 457.01
(7), or a certified independent or advanced practice social worker who is authorized
to practice psychotherapy under subch. I of ch. 457.
SECTION 27. 440.03 (9) (a) (intro.) of the statutes is amended to read:
440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
the department shall, biennially, determine each fee for an initial credential for
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which no examination is required, for a reciprocal credential, and for a credential
renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 457.51 (2)
by doing all of the following:
SECTION 28. 440.03 (9) (a) 2. of the statutes is amended to read:
440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
adjusting for the succeeding fiscal biennium each fee for an initial credential for
which an examination is not required, for a reciprocal credential, and, subject to s.
440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
and, 448.9875 (2), and 457.51 (2), if an adjustment is necessary to reflect the
approximate administrative and enforcement costs of the department that are
attributable to the regulation of the particular occupation or business during the
period in which the initial or reciprocal credential, credential renewal, or compact
privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
an estimate of any additional moneys available for the department's general
program operations as a result of appropriation transfers that have been or are
estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
at the time of the deadline for an adjustment under this subdivision or during the
fiscal biennium beginning on the July 1 immediately following the deadline for an
adjustment under this subdivision.
SECTION 29. 440.03 (11m) (c) 2u. of the statutes is created to read:
440.03 (11m) (c) 2u. The coordinated database and reporting system under s.
457.50 (10), if such disclosure is required under the counseling compact under s.
457.50.
SECTION 30. 440.03 (13) (b) (intro.) of the statutes is amended to read:
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440.03 (13) (b) (intro.) The department may investigate whether an applicant
for or holder of any of the following credentials has been charged with or convicted
of a crime only pursuant to rules promulgated by the department under this
paragraph, including rules that establish the criteria that the department will use
to determine whether an investigation under this paragraph is necessary, except as
provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b)
3. and (5) (b) 2. a.:
SECTION 31. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
(intro.) and amended to read:
440.03 (13) (c) 1. (intro.) The department shall require an all of the following
to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
set of the person's fingerprints:
a. An applicant for a private detective license or a private security permit under
s. 440.26, an.
b. An applicant for a juvenile martial arts instructor permit under sub. (17),
an.
c. An applicant for a real estate appraiser certification under s. 458.06 or
license under s. 458.08, an.
d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
e. An applicant for a compact license under s. 448.05 (2) (f), an.
f. An applicant for a physical therapist license under s. 448.53 or physical
therapist assistant license under s. 448.535, an.
g. An applicant for an occupational therapist or occupational therapy assistant
compact privilege under s. 448.987 (4), and an applicant for an occupational
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therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
a., an
h. An applicant for a psychologist license under s. 455.04, and a.
z. A person for whom the department conducts an investigation under par. (b),
to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
set of the person's fingerprints.
2. The department of justice may submit the fingerprint cards, and the
department of justice shall submit the fingerprint cards of all applicants for a real
estate appraiser certification under s. 458.06 or license under s. 458.08, of all
applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
i., to the federal bureau of investigation for the purpose of verifying the identity of
the persons fingerprinted and obtaining records of their criminal arrests and
convictions.
3. Information obtained from the federal bureau of investigation may be shared
with the department or the appropriate credentialing board, but shall otherwise be
kept confidential and is not subject to disclosure under s. 19.35.
SECTION 32. 440.03 (13) (c) 1. i. of the statutes is created to read:
440.03 (13) (c) 1. i. An applicant for a professional counselor license or privilege
to practice under s. 457.12 when required pursuant to the counseling compact under
s. 457.50.
SECTION 33. 440.03 (14) (am) of the statutes is amended to read:
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440.03 (14) (am) The department may promulgate rules that establish
requirements for granting a license to practice psychotherapy to a person who is
registered under par. (a). Rules promulgated under this paragraph shall establish
requirements for obtaining such a license that are comparable to the requirements
for obtaining a clinical social worker, marriage and family therapist, or professional
counselor license under subch. I of ch. 457. If the department promulgates rules
under this paragraph, the department shall grant a license under this paragraph to
a person registered under par. (a) who pays the initial credential fee determined by
the department under s. 440.03 (9) (a) and provides evidence satisfactory to the
department that he or she satisfies the requirements established in the rules.
SECTION 34. 440.043 (1) of the statutes is amended to read:
440.043 (1) The secretary shall appoint an advisory committee under s.
440.042 to provide advice concerning behavioral health. The advisory committee
shall semiannually conduct a review of the requirements for obtaining a credential
under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral
health.
SECTION 35. 440.094 (1) (c) 14. of the statutes is amended to read:
440.094 (1) (c) 14. A social worker, marriage and family therapist, or
professional counselor certified or licensed under subch. I of ch. 457 or a clinical
substance abuse counselor certified under s. 440.88.
SECTION 36. 440.15 of the statutes is amended to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 457.50
(3) (b) 3. and (5) (b) 2. a., the department or a credentialing board may not require
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that an applicant for a credential or a credential holder be fingerprinted or submit
fingerprints in connection with the department's or the credentialing board's
credentialing.
SECTION 37. 446.01 (1v) (m) of the statutes is amended to read:
446.01 (1v) (m) Marriage and family therapy, professional counseling, and
social work examining board under subch. I of ch. 457. “Health care professional"
also includes an individual who is exercising the professional counselor privilege to
practice, as defined in s. 457.50 (2) (s), in this state.
SECTION 38. 448.08 (4) of the statutes is amended to read:
448.08 (4) PROFESSIONAL PARTNERSHIPS AND CORPORATIONS PERMITTED.
Notwithstanding any other provision in this section, it is lawful for 2 or more
physicians, who have entered into a bona fide partnership for the practice of
medicine, to render a single bill for such services in the name of such partnership,
and it also is lawful for a service corporation to render a single bill for services in the
name of the corporation, provided that each individual licensed, registered or
certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459
that renders billed services is individually identified as having rendered such
services.
SECTION 39. 448.67 (4) of the statutes is amended to read:
448.67 (4) BILLING BY PROFESSIONAL PARTNERSHIPS AND CORPORATIONS. If 2 or
more podiatrists have entered into a bona fide partnership or formed a service
corporation for the practice of podiatry, the partnership or corporation may not
render a single bill for podiatry services provided in the name of the partnership or
corporation unless each individual licensed, registered or certified under this
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chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459, who provided
services is individually identified on the bill as having rendered those services.
SECTION 40. 450.10 (3) (a) 10. of the statutes is amended to read:
450.10 (3) (a) 10. A social worker, marriage and family therapist, or
professional counselor certified or licensed under subch. I of ch. 457 or a professional
counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s),
in this state.
SECTION 41. Chapter 457 (title) of the statutes is amended to read:
CHAPTER 457
MARRIAGE AND F AMILY THERAPY,
PROFESSIONAL COUNSELING, AND
SOCIAL WORK EXAMINING BOARD
SECTION 42. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes
is created to read:
CHAPTER 457
SUBCHAPTER I
REGULATION OF MARRIAGE AND
FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK
SECTION 43. 457.01 (intro.) of the statutes is amended to read:
457.01 Definitions. (intro.) In this chapter subchapter:
SECTION 44. 457.01 (1g) of the statutes is amended to read:
457.01 (1g) “Certificate holder" means an individual who is certified under this
chapter subchapter.
SECTION 45. 457.01 (1t) of the statutes is created to read:
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457.01 (1t) “Compact” means the counseling compact under s. 457.50.
SECTION 46. 457.01 (1w) of the statutes is amended to read:
457.01 (1w) “Credential" means a license or, certificate, or privilege to practice
granted under this chapter subchapter.
SECTION 47. 457.01 (2r) of the statutes is amended to read:
457.01 (2r) “Licensee" means a person who is licensed under this chapter
subchapter.
SECTION 48. 457.01 (5m) of the statutes is created to read:
457.01 (5m) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).
SECTION 49. 457.01 (7) of the statutes is amended to read:
457.01 (7) “Professional counselor" means an individual who holds a license to
practice professional counseling granted by the professional counselor section or who
holds a valid professional counselor privilege to practice in this state.
SECTION 50. 457.02 (intro.), (1), (2), (3), (4) and (6) (c) of the statutes are
amended to read:
457.02 Applicability. (intro.) This chapter subchapter does not do any of the
following:
(1) Require any individual to be certified or licensed under this chapter
subchapter in order to use the title “pastoral counselor," “investment counselor,"
“vocational counselor," “career counselor," “alcohol and drug counselor," “chemical
dependency counselor," or “employee assistance counselor," or to engage in such
counseling, if the individual does not use any other title or designation that
represents or may tend to represent that he or she is certified or licensed under this
chapter subchapter, and does not represent himself or herself as an individual who
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engages in social work, advanced practice social work, independent social work,
clinical social work, marriage and family therapy, or professional counseling.
(2) Require any individual who is licensed as a school social worker or school
counselor by the department of public instruction to be certified or licensed under
this chapter subchapter in order to use the title “school social worker" or “school
counselor."
(3) Require a person who is a psychologist or a psychiatrist to be licensed under
this chapter subchapter in order to use the title “marriage and family therapist,"
“marriage and family counselor," or “professional counselor" if the psychologist or
psychiatrist does not use the term “licensed," “certified," or “registered" or any
similar term in connection with the title “marriage and family therapist," “marriage
and family counselor," or “professional counselor."
(4) Authorize any individual who is certified or licensed under this chapter
subchapter to use the title “school social worker" or “school counselor" unless the
individual is licensed as a school social worker or school counselor by the department
of public instruction.
(6) (c) Provide a consultation or demonstration with an individual licensed
under this chapter subchapter if the person providing the consultation or
demonstration is licensed to practice marriage and family therapy, professional
counseling, or clinical social work in another state or territory of the United States.
SECTION 51. 457.03 (1), (1m) and (2) of the statutes are amended to read:
457.03 (1) Upon the advice of the social worker section, marriage and family
therapist section, and professional counselor section, promulgate rules establishing
minimum standards for educational programs that must be completed for
certification or licensure under this chapter subchapter and for supervised clinical
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training that must be completed for licensure as a clinical social worker, marriage
and family therapist, or professional counselor under this chapter subchapter and
approve educational programs and supervised clinical training programs in
accordance with those standards.
(1m) Upon the advice of the social worker section, marriage and family
therapist section, and professional counselor section, and consistent with s. 457.16,
promulgate rules establishing examination requirements for certification and
licensure under this chapter subchapter.
(2) Upon the advice of the social worker section, marriage and family therapist
section, and professional counselor section, promulgate rules establishing a code of
ethics to govern the professional conduct of certificate holders and licensees. The
rules shall specify the services included within the practice of social work, advanced
practice social work, or independent social work that an individual who is certified
under this chapter subchapter as a social worker, advanced practice social worker,
or independent social worker may perform and the degree of supervision, if any,
required to perform those services.
SECTION 52. 457.033 of the statutes is amended to read:
457.033 Psychometric testing. The marriage and family therapy,
professional counseling, and social work examining board and the psychology
examining board shall jointly promulgate rules that specify the different levels of
psychometric testing that an individual who is certified or licensed under this
chapter subchapter, or an individual who holds a valid professional counselor
privilege to practice in this state, is qualified to perform. Such rules shall be
consistent with the guidelines of the American Psychological Association, or other
nationally recognized guidelines, for performing psychometric testing. A certificate
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holder or, licensee, or holder of a professional counselor privilege to practice may not
engage in psychometric testing except as provided under the rules promulgated
under this section.
SECTION 53. 457.035 (1) of the statutes is amended to read:
457.035 (1) The individual is licensed under this chapter subchapter as a
clinical social worker, marriage and family therapist, or professional counselor or
holds a valid professional counselor privilege to practice in this state.
SECTION 54. 457.04 (1), (2), (3), (4), (5) (a) and (b) and (7) of the statutes are
amended to read:
457.04 (1) Use the title “social worker" unless the person is certified as a social
worker under this chapter subchapter.
(2) Use the title “advanced practice social worker" unless the person is certified
as an advanced practice social worker under this chapter subchapter.
(3) Use the title “independent social worker" unless the person is certified as
an independent social worker under this chapter subchapter.
(4) Practice clinical social work or designate himself or herself as a clinical
social worker or use or assume the title “clinical social worker" or any other title or
designation that represents or may tend to represent the person as a clinical social
worker unless the person is licensed as a clinical social worker under this chapter
subchapter or unless the person is certified under this chapter subchapter as an
advanced practice social worker or independent social worker and the person
practices clinical social work under the supervision of a person who is licensed as a
clinical social worker under this chapter subchapter.
(5) (a) The person is licensed as a marriage and family therapist under this
chapter subchapter.
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(b) The person is licensed as a clinical social worker under this chapter
subchapter and initially became certified as an independent clinical social worker
under ch. 457, 1999 stats., on or before May 31, 1995.
(7) Practice psychotherapy unless the person is licensed under this chapter
subchapter or unless the person is a certificate holder who may practice
psychotherapy under the rules promulgated under ss. 457.03 and 457.035.
SECTION 55. 457.04 (6) of the statutes is amended to read:
457.04 (6) Practice professional counseling or designate himself or herself as
a professional counselor or use or assume the title “professional counselor,"
“professional rehabilitation counselor," “vocational rehabilitation counselor,"
“rehabilitation counselor," or any other title or designation that represents or may
tend to represent the person as a professional counselor unless the person is licensed
as a professional counselor under this chapter subchapter or holds a valid
professional counselor privilege to practice in this state.
SECTION 56. 457.04 (7) of the statutes is amended to read:
457.04 (7) Practice psychotherapy unless the person is licensed under this
chapter, holds a valid professional counselor privilege to practice in this state, or
unless the person is a certificate holder who may practice psychotherapy under the
rules promulgated under ss. 457.03 and 457.035.
SECTION 57. 457.06 (intro.) of the statutes is amended to read:
457.06 General requirements for certification or licensure. (intro.) The
social worker section, marriage and family therapist section, or professional
counselor section may not grant any certificate or license under this chapter
subchapter unless the applicant does all of the following:
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SECTION 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to
read:
457.09 (2) (b) A social worker training certificate holder is a social worker
certified under this chapter subchapter for purposes of any law governing social
workers certified under this chapter subchapter.
(4) (b) 1. A human services internship that involves direct practice with clients
and that is supervised by a social worker certified under this chapter subchapter who
has a bachelor's or master's degree in social work.
2. One year of social work employment that involves direct practice with clients
and that is supervised by a social worker certified under this chapter subchapter who
has a bachelor's or master's degree in social work.
SECTION 59. 457.12 (title) of the statutes is amended to read:
457.12 (title) Professional counselor license; privilege to practice.
SECTION 60. 457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m)
(intro.), (a), (b), (c) (intro.), 1. d. and 2. d. and (d), as renumbered, are amended to read:
457.12 (1m) LICENSE. (intro.) The professional counselor section shall, subject
to sub. (4m), grant a professional counselor license to any individual who does to
whom all of the following apply:
(a) Satisfies The individual satisfies the requirements in s. 457.06.
(b) Submits The individual submits evidence satisfactory to the professional
counselor section that he or she has received a master's or doctorate degree in
professional counseling or its equivalent from a program approved by the
professional counselor section.
(c) (intro.) Submits The individual submits evidence satisfactory to the
professional counselor section that he or she has done any of the following:
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1. d. An individual, other than an individual specified in subd. 1., 2., or 3. a.,
b., or c., who is approved by the professional counselor section or satisfies
requirements for supervision that are specified in rules promulgated by the
examining board upon the advice of the professional counselor section.
2. d. An individual, other than an individual specified in subd. 1., 2., or 3. a.,
b., or c., who is approved by the professional counselor section or satisfies
requirements for supervision that are specified in rules promulgated by the
examining board upon the advice of the professional counselor section.
(d) Passes The individual passes one or more examinations under s. 457.16
approved by the professional counselor section to determine minimum competence
to practice professional counseling.
SECTION 61. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to
read:
457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and
111.335, have a conviction record.
(2m) LICENSE BASED UPON PRIVILEGE TO PRACTICE. The professional counselor
section shall grant a professional counselor license to any individual to whom all of
the following apply:
(a) The individual satisfies the requirements in s. 457.06.
(b) The individual holds a home state license in another state that is a party
to the compact, has changed his or her primary state of residence to this state, and
satisfies all other requirements under s. 457.50 (5).
(bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have
a conviction record.
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(d) The individual passes an examination described under s. 457.16 (1) (b), if
required.
(3m) PRIVILEGE TO PRACTICE. The professional counselor section shall grant a
professional counselor privilege to practice to any individual to whom all of the
following apply:
(a) The individual holds an unencumbered home state license in another state
that is a party to the compact and satisfies all other requirements under s. 457.50
(4).
(b) The individual applies for the privilege to practice in the manner prescribed
by the department.
(c) The individual pays any fee established by the department under s. 457.51
(2).
(d) The individual passes an examination described under s. 457.16 (1) (b), if
required.
(4m) TYPES OF LICENSE. (a) A professional counselor license granted under sub.
(1m) may be either of the following:
1. A license that, subject to s. 457.50 (4), entitles the holder to obtain and
exercise a privilege to practice in other states that are parties to the compact.
2. A single-state license, which only entitles the holder to practice in this state.
Nothing in the compact applies to the holder of a single-state license unless
otherwise applicable under this subchapter.
(b) When applying for a license under sub. (1m), an individual shall specify
whether he or she is applying for a license under par. (a) 1. or 2.
SECTION 62. 457.13 (1) (c) of the statutes is amended to read:
457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).
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SECTION 63. 457.14 (1) (f) of the statutes is amended to read:
457.14 (1) (f) Satisfies the requirements under s. 457.12 (1) to (3) (1m) (a) to
(c) and has submitted an application to take the next available examination for
licensure under s. 457.12 (4) (1m) (d).
SECTION 64. 457.15 (3) of the statutes is amended to read:
457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2),
the professional counselor section may grant a professional counselor license to any
individual who holds a similar certificate or license in another state or territory of
the United States and who passes an examination approved by the professional
counselor section that tests knowledge of state law relating to professional
counseling, if the professional counselor section determines that the requirements
for obtaining the certificate or license in the other state or territory are substantially
equivalent to the requirements under s. 457.12 (1m).
SECTION 65. 457.16 (1) of the statutes is renumbered 457.16 (1) (a).
SECTION 66. 457.16 (1) (b) of the statutes is created to read:
457.16 (1) (b) The professional counselor section may, in accordance with par.
(a), arrange for an examination that tests an applicant's knowledge of state law
relating to the practice of professional counseling in accordance with s. 457.51 (3),
if such an examination is required for applicants for licensure under s. 457.12 (1m).
SECTION 67. 457.18 of the statutes is created to read:
457.18 Practice under compact. An individual who holds a valid privilege
to practice in this state may, subject to s. 457.51 (4), do any of the following:
(1) Practice professional counseling in this state, subject to s. 457.50 (4).
(2) Practice professional counseling in this state via telehealth, as defined in
s. 457.50 (2) (y), subject to s. 457.50 (7).
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SECTION 68. 457.20 (1) and (2) of the statutes are amended to read:
457.20 (1) The department shall issue a certificate of certification or licensure
to each individual who is certified or licensed under this chapter subchapter.
(2) The renewal dates for certificates and licenses granted under this chapter
subchapter, other than training certificates and licenses or temporary certificates or
licenses, are specified under s. 440.08 (2) (a).
SECTION 69. 457.24 (1) of the statutes is amended to read:
457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
worker, marriage and family therapist, or professional counselor under this chapter
subchapter or who is exercising the professional counselor privilege to practice in
this state may not practice clinical social work, marriage and family therapy, or
professional counseling unless he or she has in effect professional liability insurance.
The examining board shall promulgate rules establishing the minimum amount of
insurance required under this subsection.
SECTION 70. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to
read:
457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate
section of the examining board may make investigations and conduct hearings to
determine whether a violation of this chapter subchapter or any rule promulgated
under this chapter subchapter has occurred.
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate
section of the examining board may reprimand a credential holder or deny, limit,
suspend, or revoke a credential under this chapter subchapter if it finds that the
applicant or credential holder has done any of the following:
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(h) Violated this chapter subchapter or any rule promulgated under this
chapter subchapter.
SECTION 71. Subchapter II of chapter 457 [precedes 457.50] of the statutes is
created to read:
CHAPTER 457
SUBCHAPTER II
COUNSELING COMP ACT
457.50 Counseling compact. (1) PURPOSE. The purpose of this compact is
to facilitate interstate practice of licensed professional counselors with the goal of
improving public access to professional counseling services. The practice of
professional counseling occurs in the state where the client is located at the time of
the counseling services. The compact preserves the regulatory authority of states to
protect public health and safety through the current system of state licensure. This
compact is designed to achieve the following objectives:
(a) Increase public access to professional counseling services by providing for
the mutual recognition of other member state licenses;
(b) Enhance the states' ability to protect the public's health and safety;
(c) Encourage the cooperation of member states in regulating multistate
practice for licensed professional counselors;
(d) Support spouses of relocating active duty military personnel;
(e) Enhance the exchange of licensure, investigative, and disciplinary
information among member states;
(f) Allow for the use of telehealth technology to facilitate increased access to
professional counseling services;
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(g) Support the uniformity of professional counseling licensure requirements
throughout the states to promote public safety and public health benefits;
(h) Invest all member states with the authority to hold a licensed professional
counselor accountable for meeting all state practice laws in the state in which the
client is located at the time care is rendered through the mutual recognition of
member state licenses;
(i) Eliminate the necessity for licenses in multiple states; and
(j) Provide opportunities for interstate practice by licensed professional
counselors who meet uniform licensure requirements.
(2) DEFINITIONS. As used in this section, and except as otherwise provided, the
following definitions apply:
(a) “Active duty military” means full-time duty status in the active uniformed
service of the United States, including members of the national guard and reserve
on active duty orders pursuant to 10 USC chs. 1209 and 1211.
(b) “Adverse action” means any administrative, civil, equitable or criminal
action permitted by a state's laws which is imposed by a licensing board or other
authority against a licensed professional counselor, including actions against an
individual's license or privilege to practice such as revocation, suspension, probation,
monitoring of the licensee, limitation on the licensee's practice, or any other
encumbrance on licensure affecting a licensed professional counselor's authorization
to practice, including issuance of a cease and desist action.
(c) “Alternative program” means a nondisciplinary monitoring or practice
remediation process approved by a professional counseling licensing board to
address impaired practitioners.
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(d) “Continuing competence/education” means a requirement, as a condition of
license renewal, to provide evidence of participation in, and/or completion of,
educational and professional activities relevant to practice or area of work.
(e) “Counseling compact commission” or “commission” means the national
administrative body whose membership consists of all states that have enacted the
compact.
(f) “Current significant investigative information” means any of the following:
1. Investigative information that a licensing board, after a preliminary inquiry
that includes notification and an opportunity for the licensed professional counselor
to respond, if required by state law, has reason to believe is not groundless and, if
proved true, would indicate more than a minor infraction; or
2. Investigative information that indicates that the licensed professional
counselor represents an immediate threat to public health and safety regardless of
whether the licensed professional counselor has been notified and had an
opportunity to respond.
(g) “Data system” means a repository of information about licensees, including,
but not limited to, continuing education, examination, licensure, investigative,
privilege to practice and adverse action information.
(h) “Encumbered license” means a license in which an adverse action restricts
the practice of licensed professional counseling by the licensee and said adverse
action has been reported to the national practitioners data bank (NPDB).
(i) “Encumbrance” means a revocation or suspension of, or any limitation on,
the full and unrestricted practice of licensed professional counseling by a licensing
board.
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(j) “Executive committee” means a group of directors elected or appointed to act
on behalf of, and within the powers granted to them by, the commission.
(k) “Home state” means the member state that is the licensee's primary state
of residence.
(L) “Impaired practitioner” means an individual who has a condition(s) that
may impair their ability to practice as a licensed professional counselor without some
type of intervention and may include, but is not limited to, alcohol and drug
dependence, mental health impairment, and neurological or physical impairments.
(m) “Investigative information” means information, records, and documents
received or generated by a professional counseling licensing board pursuant to an
investigation.
(n) “Jurisprudence requirement” if required by a member state, means the
assessment of an individual's knowledge of the laws and rules governing the practice
of professional counseling in a state.
(o) “Licensed professional counselor” means a counselor licensed by a member
state, regardless of the title used by that state, to independently assess, diagnose,
and treat behavioral health conditions.
(p) “Licensee” means an individual who currently holds an authorization from
the state to practice as a licensed professional counselor.
(q) “Licensing board” means the agency of a state, or equivalent, that is
responsible for the licensing and regulation of licensed professional counselors.
(r) “Member state” means a state that has enacted the compact.
(s) “Privilege to practice” means a legal authorization, which is equivalent to
a license, permitting the practice of professional counseling in a remote state.
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(t) “Professional counseling” means the assessment, diagnosis, and treatment
of behavioral health conditions by a licensed professional counselor.
(u) “Remote state” means a member state other than the home state, where a
licensee is exercising or seeking to exercise the privilege to practice.
(v) “Rule” means a regulation promulgated by the commission that has the
force of law.
(w) “Single state license” means a licensed professional counselor license
issued by a member state that authorizes practice only within the issuing state and
does not include a privilege to practice in any other member state.
(x) “State” means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of professional counseling.
(y) “Telehealth” means the application of telecommunication technology to
deliver professional counseling services remotely to assess, diagnose, and treat
behavioral health conditions.
(z) “Unencumbered license” means a license that authorizes a licensed
professional counselor to engage in the full and unrestricted practice of professional
counseling.
(3) STATE PARTICIPATION IN THE COMPACT. (a) To participate in the compact, a
state must currently:
1. License and regulate licensed professional counselors.
2. Require licensees to pass a nationally recognized exam approved by the
commission.
3. Require licensees to have a 60 semester-hour (or 90 quarter-hour) master's
degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course
work including the following topic areas:
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a. Professional counseling orientation and ethical practice;
b. Social and cultural diversity;
c. Human growth and development;
d. Career development;
e. Counseling and helping relationships;
f. Group counseling and group work;
g. Diagnosis and treatment; assessment and testing;
h. Research and program evaluation; and
i. Other areas as determined by the commission.
4. Require licensees to complete a supervised postgraduate professional
experience as defined by the commission.
5. Have a mechanism in place for receiving and investigating complaints about
licensees.
(b) A member state shall:
1. Participate fully in the commission's data system, including using the
commission's unique identifier as defined in rules;
2. Notify the commission, in compliance with the terms of the compact and
rules, of any adverse action or the availability of investigative information regarding
a licensee;
3. Implement or utilize procedures for considering the criminal history records
of applicants for an initial privilege to practice. These procedures shall include the
submission of fingerprints or other biometric-based information by applicants for
the purpose of obtaining an applicant's criminal history record information from the
federal bureau of investigation and the agency responsible for retaining that state's
criminal records;
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a. A member state must fully implement a criminal background check
requirement, within a time frame established by rule, by receiving the results of the
federal bureau of investigation record search and shall use the results in making
licensure decisions.
b. Communication between a member state, the commission and among
member states regarding the verification of eligibility for licensure through the
compact shall not include any information received from the federal bureau of
investigation relating to a federal criminal records check performed by a member
state under P. L. 92-544.
4. Comply with the rules of the commission;
5. Require an applicant to obtain or retain a license in the home state and meet
the home state's qualifications for licensure or renewal of licensure, as well as all
other applicable state laws;
6. Grant the privilege to practice to a licensee holding a valid unencumbered
license in another member state in accordance with the terms of the compact and
rules; and
7. Provide for the attendance of the state's commissioner to the counseling
compact commission meetings.
(c) Member states may charge a fee for granting the privilege to practice.
(d) Individuals not residing in a member state shall continue to be able to apply
for a member state's single state license as provided under the laws of each member
state. However, the single state license granted to these individuals shall not be
recognized as granting a privilege to practice professional counseling in any other
member state.
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(e) Nothing in this compact shall affect the requirements established by a
member state for the issuance of a single state license.
(f) A license issued to a licensed professional counselor by a home state to a
resident in that state shall be recognized by each member state as authorizing a
licensed professional counselor to practice professional counseling, under a privilege
to practice, in each member state.
(4) PRIVILEGE TO PRACTICE. (a) To exercise the privilege to practice under the
terms and provisions of the compact, the licensee shall:
1. Hold a license in the home state;
2. Have a valid United States social security number or national practitioner
identifier;
3. Be eligible for a privilege to practice in any member state in accordance with
pars. (d), (g), and (h);
4. Have not had any encumbrance or restriction against any license or privilege
to practice within the previous 2 years;
5. Notify the commission that the licensee is seeking the privilege to practice
within a remote state(s);
6. Pay any applicable fees, including any state fee, for the privilege to practice;
7. Meet any continuing competence/education requirements established by the
home state;
8. Meet any jurisprudence requirements established by the remote state(s) in
which the licensee is seeking a privilege to practice; and
9. Report to the commission any adverse action, encumbrance, or restriction on
license taken by any non-member state within 30 days from the date the action is
taken.
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(b) The privilege to practice is valid until the expiration date of the home state
license. The licensee must comply with the requirements of par. (a) to maintain the
privilege to practice in the remote state.
(c) A licensee providing professional counseling in a remote state under the
privilege to practice shall adhere to the laws and regulations of the remote state.
(d) A licensee providing professional counseling services in a remote state is
subject to that state's regulatory authority. A remote state may, in accordance with
due process and that state's laws, remove a licensee's privilege to practice in the
remote state for a specific period of time, impose fines, and/or take any other
necessary actions to protect the health and safety of its citizens. The licensee may
be ineligible for a privilege to practice in any member state until the specific time for
removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the privilege
to practice in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Have not had any encumbrance or restriction against any license or privilege
to practice within the previous 2 years.
(f) Once an encumbered license in the home state is restored to good standing,
the licensee must meet the requirements of par. (a) to obtain a privilege to practice
in any remote state.
(g) If a licensee's privilege to practice in any remote state is removed, the
individual may lose the privilege to practice in all other remote states until the
following occur:
1. The specific period of time for which the privilege to practice was removed
has ended;
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2. All fines have been paid; and
3. Have not had any encumbrance or restriction against any license or privilege
to practice within the previous 2 years.
(h) Once the requirements of par. (g) have been met, the licensee must meet the
requirements in par. (a) to obtain a privilege to practice in a remote state.
(5) OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE. (a)
A licensed professional counselor may hold a home state license, which allows for a
privilege to practice in other member states, in only one member state at a time.
(b) If a licensed professional counselor changes primary state of residence by
moving between two member states:
1. The licensed professional counselor shall file an application for obtaining a
new home state license based on a privilege to practice, pay all applicable fees, and
notify the current and new home state in accordance with applicable rules adopted
by the commission.
2. Upon receipt of an application for obtaining a new home state license by
virtue of a privilege to practice, the new home state shall verify that the licensed
professional counselor meets the pertinent criteria outlined in sub. (4) via the data
system, without need for primary source verification except for:
a. A federal bureau of investigation fingerprint based criminal background
check if not previously performed or updated pursuant to applicable rules adopted
by the commission in accordance with P. L. 92-544;
b. Other criminal background check as required by the new home state; and
c. Completion of any requisite jurisprudence requirements of the new home
state.
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3. The former home state shall convert the former home state license into a
privilege to practice once the new home state has activated the new home state
license in accordance with applicable rules adopted by the commission.
4. Notwithstanding any other provision of this compact, if the licensed
professional counselor cannot meet the criteria in sub. (4), the new home state may
apply its requirements for issuing a new single state license.
5. The licensed professional counselor shall pay all applicable fees to the new
home state in order to be issued a new home state license.
(c) If a licensed professional counselor changes primary state of residence by
moving from a member state to a non-member state, or from a non-member state
to a member state, the state criteria shall apply for issuance of a single state license
in the new state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a
single state license in multiple states, however for the purposes of this compact, a
licensee shall have only one home state license.
(e) Nothing in this compact shall affect the requirements established by a
member state for the issuance of a single state license.
(6) ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES. Active duty military
personnel, or their spouse, shall designate a home state where the individual has a
current license in good standing. The individual may retain the home state
designation during the period the service member is on active duty. Subsequent to
designating a home state, the individual shall only change their home state through
application for licensure in the new state, or through the process outlined in sub. (5).
(7) COMPACT PRIVILEGE TO PRACTICE TELEHEALTH. (a) Member states shall
recognize the right of a licensed professional counselor, licensed by a home state in
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accordance with sub. (3) and under rules promulgated by the commission, to practice
professional counseling in any member state via telehealth under a privilege to
practice as provided in the compact and rules promulgated by the commission.
(b) A licensee providing professional counseling services in a remote state
under the privilege to practice shall adhere to the laws and regulations of the remote
state.
(8) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state law,
a remote state shall have the authority, in accordance with existing state due process
law, to:
1. Take adverse action against a licensed professional counselor's privilege to
practice within that member state; and
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence.
Subpoenas issued by a licensing board in a member state for the attendance and
testimony of witnesses or the production of evidence from another member state
shall be enforced in the latter state by any court of competent jurisdiction, according
to the practice and procedure of that court applicable to subpoenas issued in
proceedings pending before it. The issuing authority shall pay any witness fees,
travel expenses, mileage, and other fees required by the service statutes of the state
in which the witnesses or evidence are located.
3. Only the home state shall have the power to take adverse action against a
licensed professional counselor's license issued by the home state.
(b) For purposes of taking adverse action, the home state shall give the same
priority and effect to reported conduct received from a member state as it would if
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the conduct had occurred within the home state. In so doing, the home state shall
apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of a licensed
professional counselor who changes primary state of residence during the course of
the investigations. The home state shall also have the authority to take appropriate
action(s) and shall promptly report the conclusions of the investigations to the
administrator of the data system. The administrator of the coordinated licensure
information system shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the
affected licensed professional counselor the costs of investigations and dispositions
of cases resulting from any adverse action taken against that licensed professional
counselor.
(e) A member state may take adverse action based on the factual findings of the
remote state, provided that the member state follows its own procedures for taking
the adverse action.
(f) Joint investigations:
1. In addition to the authority granted to a member state by its respective
professional counseling practice act or other applicable state law, any member state
may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the
compact.
(g) If adverse action is taken by the home state against the license of a licensed
professional counselor, the licensed professional counselor's privilege to practice in
all other member states shall be deactivated until all encumbrances have been
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removed from the state license. All home state disciplinary orders that impose
adverse action against the license of a licensed professional counselor shall include
a statement that the licensed professional counselor's privilege to practice is
deactivated in all member states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the
administrator of the data system. The administrator of the data system shall
promptly notify the home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state's decision that
participation in an alternative program may be used in lieu of adverse action.
(9) ESTABLISHMENT OF COUNSELING COMPACT COMMISSION. (a) The compact
member states hereby create and establish a joint public agency known as the
counseling compact commission:
1. The commission is an instrumentality of the compact states.
2. Venue is proper and judicial proceedings by or against the commission shall
be brought solely and exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings.
3. Nothing in this compact shall be construed to be a waiver of sovereign
immunity.
(b) Membership, voting, and meetings. 1. Each member state shall have and
be limited to one delegate selected by that member state's licensing board.
2. The delegate shall be either:
a. A current member of the licensing board at the time of appointment, who is
a licensed professional counselor or public member; or
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b. An administrator of the licensing board.
3. Any delegate may be removed or suspended from office as provided by the
law of the state from which the delegate is appointed.
4. The member state licensing board shall fill any vacancy occurring on the
commission within 60 days.
5. Each delegate shall be entitled to one vote with regard to the promulgation
of rules and creation of bylaws and shall otherwise have an opportunity to participate
in the business and affairs of the commission.
6. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates' participation in meetings by
telephone or other means of communication.
7. The commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
8. The commission shall by rule establish a term of office for delegates and may
by rule establish term limits.
(c) The commission shall have the following powers and duties:
1. Establish the fiscal year of the commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this
compact and the bylaws;
5. Promulgate rules which shall be binding to the extent and in the manner
provided for in the compact;
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6. Bring and prosecute legal proceedings or actions in the name of the
commission, provided that the standing of any state licensing board to sue or be sued
under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the
compact, and establish the commission's personnel policies and programs relating
to conflicts of interest, qualifications of personnel, and other related personnel
matters;
10. Accept any and all appropriate donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same;
provided that at all times the commission shall avoid any appearance of impropriety
and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve or use, any property, real, personal or mixed; provided that at all
times the commission shall avoid any appearance of impropriety;
12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of members,
state regulators, state legislators or their representatives, and consumer
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representatives, and such other interested persons as may be designated in this
compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement
agencies;
17. Establish and elect an executive committee; and
18. Perform such other functions as may be necessary or appropriate to achieve
the purposes of this compact consistent with the state regulation of professional
counseling licensure and practice.
(d) The executive committee. 1. The executive committee shall have the power
to act on behalf of the commission according to the terms of this compact.
2. The executive committee shall be composed of up to 11 members:
a. Seven voting members who are elected by the commission from the current
membership of the commission; and
b. Up to 4 ex officio, nonvoting members from 4 recognized national
professional counselor organizations.
c. The ex officio members will be selected by their respective organizations.
3. The commission may remove any member of the executive committee as
provided in bylaws.
4. The executive committee shall meet at least annually.
5. The executive committee shall have the following duties and responsibilities:
a. Recommend to the entire commission changes to the rules or bylaws, changes
to this compact legislation, fees paid by compact member states such as annual dues,
and any commission compact fee charged to licensees for the privilege to practice;
b. Ensure compact administration services are appropriately provided,
contractual or otherwise;
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c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the commission;
e. Monitor compact compliance of member states and provide compliance
reports to the commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
(e) Meetings of the commission. 1. All meetings shall be open to the public, and
public notice of meetings shall be given in the same manner as required under the
rule-making provisions in sub. (11).
2. The commission or the executive committee or other committees of the
commission may convene in a closed, nonpublic meeting if the commission or
executive committee or other committees of the commission must discuss:
a. Noncompliance of a member state with its obligations under the compact;
b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the commission's
internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
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i. Disclosure of information related to any investigative reports prepared by or
on behalf of or for use of the commission or other committee charged with
responsibility of investigation or determination of compliance issues pursuant to the
compact; or
j. Matters specifically exempted from disclosure by federal or member state
statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed
and shall reference each relevant exempting provision.
4. The commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a description of the views
expressed. All documents considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed meeting shall remain under
seal, subject to release by a majority vote of the commission or order of a court of
competent jurisdiction.
(f) Financing of the commission. 1. The commission shall pay, or provide for
the payment of, the reasonable expenses of its establishment, organization, and
ongoing activities.
2. The commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations and
activities of the commission and its staff, which must be in a total amount sufficient
to cover its annual budget as approved each year for which revenue is not provided
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by other sources. The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the commission, which shall promulgate a rule
binding upon all member states.
4. The commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the commission pledge the credit of any
of the member states, except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the commission shall be audited
yearly by a certified or licensed public accountant, and the report of the audit shall
be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense, and indemnification. 1. The members,
officers, executive director, employees and representatives of the commission shall
be immune from suit and liability, either personally or in their official capacity, for
any claim for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for
believing occurred within the scope of commission employment, duties or
responsibilities; provided that nothing in this subdivision shall be construed to
protect any such person from suit and/or liability for any damage, loss, injury, or
liability caused by the intentional or willful or wanton misconduct of that person.
2. The commission shall defend any member, officer, executive director,
employee or representative of the commission in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
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within the scope of commission employment, duties, or responsibilities, or that the
person against whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities; provided
that nothing herein shall be construed to prohibit that person from retaining his or
her own counsel; and provided further, that the actual or alleged act, error, or
omission did not result from that person's intentional or willful or wanton
misconduct.
3. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount of
any settlement or judgment obtained against that person arising out of any actual
or alleged act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that such person had a reasonable basis
for believing occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not
result from the intentional or willful or wanton misconduct of that person.
(10) DATA SYSTEM. (a) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated database and reporting
system containing licensure, adverse action, and investigative information on all
licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member
state shall submit a uniform data set to the data system on all individuals to whom
this compact is applicable as required by the rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or privilege to practice;
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4. Nonconfidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. Current significant investigative information; and
7. Other information that may facilitate the administration of this compact, as
determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state will
only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a license. Adverse action
information pertaining to a licensee in any member state will be available to any
other member state.
(e) Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission
of the contributing state.
(f) Any information submitted to the data system that is subsequently required
to be expunged by the laws of the member state contributing the information shall
be removed from the data system.
(11) RULE MAKING. (a) The commission shall promulgate reasonable rules in
order to effectively and efficiently achieve the purpose of the compact.
Notwithstanding the foregoing, in the event the commission exercises its
rule-making authority in a manner that is beyond the scope of the purposes of the
compact, or the powers granted hereunder, then such an action by the commission
shall be invalid and have no force or effect.
(b) The commission shall exercise its rule-making powers pursuant to the
criteria set forth in this subsection and the rules adopted thereunder. Rules and
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amendments shall become binding as of the date specified in each rule or
amendment.
(c) If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact
within 4 years of the date of adoption of the rule, then such rule shall have no further
force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special
meeting of the commission.
(e) Prior to promulgation and adoption of a final rule or rules by the
commission, and at least 30 days in advance of the meeting at which the rule will be
considered and voted upon, the commission shall file a notice of proposed rule
making:
1. On the website of the commission or other publicly accessible platform; and
2. On the website of each member state professional counseling licensing board
or other publicly accessible platform or the publication in which each state would
otherwise publish proposed rules.
(f) The notice of proposed rule making shall include:
1. The proposed time, date, and location of the meeting in which the rule will
be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the proposed
rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the
commission of their intention to attend the public hearing and any written
comments.
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(g) Prior to adoption of a proposed rule, the commission shall allow persons to
submit written data, facts, opinions, and arguments, which shall be made available
to the public.
(h) The commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
1. At least 25 persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least 25 members.
(i) If a hearing is held on the proposed rule or amendment, the commission shall
publish the place, time, and date of the scheduled public hearing. If the hearing is
held via electronic means, the commission shall publish the mechanism for access
to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive
director of the commission or other designated member in writing of their desire to
appear and testify at the hearing not less than 5 business days before the scheduled
date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes
to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available
on request.
4. Nothing in this subsection shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the commission at
hearings required by this subsection.
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(j) Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the commission shall consider
all written and oral comments received.
(k) If no written notice of intent to attend the public hearing by interested
parties is received, the commission may proceed with promulgation of the proposed
rule without a public hearing.
(L) The commission shall, by majority vote of all members, take final action on
the proposed rule and shall determine the effective date of the rule, if any, based on
the rule-making record and the full text of the rule.
(m) Upon determination that an emergency exists, the commission may
consider and adopt an emergency rule without prior notice, opportunity for
comment, or hearing, provided that the usual rule-making procedures provided in
the compact and in this subsection shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than 90 days after the effective date of the
rule. For the purposes of this provision, an emergency rule is one that must be
adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or
4. Protect public health and safety.
(n) The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the commission. The
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revision shall be subject to challenge by any person for a period of 30 days after
posting. The revision may be challenged only on grounds that the revision results
in a material change to a rule. A challenge shall be made in writing and delivered
to the chair of the commission prior to the end of the notice period. If no challenge
is made, the revision will take effect without further action. If the revision is
challenged, the revision may not take effect without the approval of the commission.
(12) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
executive, legislative, and judicial branches of state government in each member
state shall enforce this compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of this compact and the
rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject
matter of this compact which may affect the powers, responsibilities, or actions of the
commission.
3. The commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process to the commission shall render a
judgment or order void as to the commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination. 1. If the commission
determines that a member state has defaulted in the performance of its obligations
or responsibilities under this compact or the promulgated rules, the commission
shall:
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a. Provide written notice to the defaulting state and other member states of the
nature of the default, the proposed means of curing the default and/or any other
action to be taken by the commission; and
b. Provide remedial training and specific technical assistance regarding the
default.
(c) If a state in default fails to cure the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the member
states, and all rights, privileges, and benefits conferred by this compact may be
terminated on the effective date of termination. A cure of the default does not relieve
the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the commission to the governor, the majority
and minority leaders of the defaulting state's legislature, and each of the member
states.
(e) A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.
(f) The commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the compact, unless agreed upon in
writing between the commission and the defaulting state.
(g) The defaulting state may appeal the action of the commission by petitioning
the U.S. district court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member shall be awarded all
costs of such litigation, including reasonable attorney's fees.
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(h) Dispute resolution. 1. Upon request by a member state, the commission
shall attempt to resolve disputes related to the compact that arise among member
states and between member and non-member states.
2. The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
(i) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the United
States district court for the District of Columbia or the federal district where the
commission has its principal offices against a member state in default to enforce
compliance with the provisions of the compact and its promulgated rules and bylaws.
The relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing member shall be awarded all costs
of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the commission.
The commission may pursue any other remedies available under federal or state law.
(13) DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND
ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT. (a) The compact shall come into
effect on the date on which the compact statute is enacted into law in the 10th
member state. The provisions, which become effective at that time, shall be limited
to the powers granted to the commission relating to assembly and the promulgation
of rules. Thereafter, the commission shall meet and exercise rule-making powers
necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial
adoption of the rules shall be subject to the rules as they exist on the date on which
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the compact becomes law in that state. Any rule that has been previously adopted
by the commission shall have the full force and effect of law on the day the compact
becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute
repealing the same.
1. A member state's withdrawal shall not take effect until 6 months after
enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
state's professional counseling licensing board to comply with the investigative and
adverse action reporting requirements of this act prior to the effective date of
withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or
prevent any professional counseling licensure agreement or other cooperative
arrangement between a member state and a non-member state that does not conflict
with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this
compact shall become effective and binding upon any member state until it is enacted
into the laws of all member states.
(14) CONSTRUCTION AND SEVERABILITY. This compact shall be liberally construed
so as to effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any member state or of the United States or the
applicability thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the applicability thereof to
any government, agency, person or circumstance shall not be affected thereby. If this
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compact shall be held contrary to the constitution of any member state, the compact
shall remain in full force and effect as to the remaining member states and in full
force and effect as to the member state affected as to all severable matters.
(15) BINDING EFFECT OF COMPACT AND OTHER LAWS. (a) A licensee providing
professional counseling services in a remote state under the privilege to practice
shall adhere to the laws and regulations, including scope of practice, of the remote
state.
(b) Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to
the extent of the conflict.
(d) Any lawful actions of the commission, including all rules and bylaws
properly promulgated by the commission, are binding upon the member states.
(e) All permissible agreements between the commission and the member states
are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits
imposed on the legislature of any member state, the provision shall be ineffective to
the extent of the conflict with the constitutional provision in question in that member
state.
457.51 Implementation of the counseling compact. (1) In this section:
(a) “Examining board" means the marriage and family therapy, professional
counseling, and social work examining board.
(b) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).
(c) “Professional counselor section” means the professional counselor section
of the examining board.
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(2) The department may impose a fee for an individual to receive a privilege
to practice as provided in s. 457.50 (3) (c).
(3) The professional counselor section may, by rule, require an individual
applying for a license under s. 457.12 (2m) or an individual seeking a privilege to
practice under s. 457.12 (3m) to meet a jurisprudence requirement in accordance
with s. 457.50 (4) (a) 8., if such a requirement is imposed by the professional
counselor section under s. 457.16 in order to obtain a license under s. 457.12 (1m).
(4) (a) An individual who is exercising the privilege to practice in this state
shall comply with s. 440.03 (13) (am).
(b) Subject to s. 457.50 and any rules promulgated thereunder, ss. 440.20 to
440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
is exercising the privilege to practice in this state in the same manner that they apply
to holders of licenses issued under subch. I.
SECTION 72. 632.89 (1) (dm) of the statutes is amended to read:
632.89 (1) (dm) “Licensed mental health professional" means a clinical social
worker who is licensed under subch. I of ch. 457, a marriage and family therapist who
is licensed under s. 457.10, or a professional counselor who is licensed under s. 457.12
or who is exercising the professional counselor privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 73. 632.89 (1) (e) 4. of the statutes is amended to read:
632.89 (1) (e) 4. A licensed mental health professional practicing within the
scope of his or her license credential under subch. I of ch. 457 and applicable rules.
SECTION 74. 800.035 (2m) of the statutes is amended to read:
800.035 (2m) A municipal court shall appoint a guardian ad litem or social
worker certified or licensed under subch. I of ch. 457 for any defendant that the court
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has reason to believe lacks substantial mental capacity to understand the
proceedings or assist in his or her defense. The person appointed under this
paragraph shall assist the court in making a determination concerning the
defendant's mental capacity. If the court determines that the defendant lacks the
mental capacity to understand the proceedings or assist in his or her defense, the
court shall suspend the proceedings. The cost of the guardian ad litem or social
worker shall be paid by the municipality or municipalities that established the court.
The governing body may by ordinance or bylaw authorize the appointment of a
guardian ad litem by the municipal judge in any other matter within the jurisdiction
of the municipal court.
SECTION 75. 905.04 (1) (bm) of the statutes is amended to read:
905.04 (1) (bm) “Marriage and family therapist" means an individual who is
licensed as a marriage and family therapist under subch. I of ch. 457 or an individual
reasonably believed by the patient to be a marriage and family therapist.
SECTION 76. 905.04 (1) (dm) of the statutes is amended to read:
905.04 (1) (dm) “Professional counselor" means an individual who is licensed
as a professional counselor under subch. I of ch. 457, an individual who is exercising
the privilege to practice, as defined in s. 457.50 (2) (s), in this state, or an individual
reasonably believed by the patient to be a professional counselor.
SECTION 77. 905.04 (1) (g) of the statutes is amended to read:
905.04 (1) (g) “Social worker" means an individual who is certified or licensed
as a social worker, advanced practice social worker, independent social worker, or
clinical social worker under subch. I of ch. 457 or an individual reasonably believed
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by the patient to be a social worker, advanced practice social worker, independent
social worker, or clinical social worker.
(END)
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