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2023 ASSEMBLY BILL 382
August 11, 2023 - Introduced by Representatives TITTL, SHELTON, C. ANDERSON,
ANDRACA, BALDEH, CONSIDINE, DITTRICH, DOYLE, GOEBEN, GUSTAFSON,
JACOBSON, JOERS, KITCHENS, MAGNAFICI, MOORE OMOKUNDE, MURSAU,
OHNSTAD, ORTIZ-VELEZ, PALMERI, SINICKI, SNYDER, STUBBS, SUBECK and VINING,
cosponsored by Senators STAFSHOLT, PFAFF, BALLWEG, CABRAL-GUEVARA,
CARPENTER, JAMES, L. JOHNSON, LARSON, ROYS, SPREITZER, COWLES and
HUTTON. Referred to Committee on Regulatory Licensing Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 457.25 (1); to renumber and amend 440.03 (13) (c); 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 (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 (1c), 457.01 (1g), 457.01 (1r), 457.01
(1w), 457.01 (2r), 457.01 (10), 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6)
(c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1) and (2), 457.04 (1), (2), (3), (4),
(5) (a) and (b), (6) and (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2.,
457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (e)
4., 800.035 (2m), 905.04 (1) (bm) and (dm) and 905.04 (1) (g); to repeal and
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recreate 632.89 (1) (dm); and to create 14.897, 440.03 (11m) (c) 2u., 440.03 (13)
(c) 1. id., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (5g),
457.01 (5r), 457.01 (12), 457.08 (4m), 457.25 (1g) and subchapter III of chapter
457 [precedes 457.70] of the statutes; relating to: ratification of the Social
Work Licensure Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Social Work Licensure Compact,
which provides for the ability of a social worker to become eligible to practice in other
compact states. Significant provisions of the compact include the following:
1. The creation of a Social Work Licensure Compact Commission, which
includes one member or administrator of the licensure authorities of each member
state. The commission has various powers and duties granted in the compact,
including establishing bylaws, promulgating binding rules for the compact, hiring
officers, electing or appointing 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 licensees of member states to cover the cost of the
operations and activities of the commission and its staff.
2. The ability for a social worker who is licensed in a home state and satisfies
certain other criteria to obtain a multistate license, which allows a social worker to
practice social work in all other compact states (remote states) under a multistate
authorization to practice. The compact specifies a number of requirements in order
for an individual to obtain a social worker multistate license, including holding or
being eligible for a social worker license in a home state, paying any required fees,
and satisfying a number of criteria that are specific to the category of social work
license the individual is seeking—bachelor's, master's, or clinical. A regulated social
worker's services in a remote state are subject to that member state's regulatory
authority. A remote state may take actions against a social worker's multistate
authorization to practice within that remote state, and if any adverse action is taken
by a home state against a licensee's multistate license, the social worker's multistate
authorization to practice in all other member states is deactivated until all
encumbrances have been removed from the multistate license.
3. The ability of member states to issue subpoenas that are enforceable in other
states.
4. The creation of a coordinated data system containing licensure and
disciplinary action information on social workers. The compact requires all home
state disciplinary orders that impose adverse actions against the license of a
regulated social worker to include a statement that the regulated social worker's
multistate authorization to practice is deactivated in all member states until all
conditions of the decision, order, or agreement are satisfied. A member state must
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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 among 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.
The compact becomes effective in this state upon enactment by seven states.
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 180 days after the effective date of that repeal.
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:
SECTION 1. 14.897 of the statutes is created to read:
14.897 Social work licensure compact. There is created a social work
licensure compact commission as specified in s. 457.70. 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.
457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
The commission has the powers and duties granted and imposed under s. 457.70.
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:
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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:
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, as those terms are defined under subch. I of ch. 457.
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 ch. 457, as defined in s. 457.01 (10).
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SECTION 11. 48.561 (2) of the statutes is amended to read:
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 ch. 457, as defined in s. 457.01 (10).
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; an advanced practice social worker granted a certificate under s.
457.08 (2), as defined in s. 457.01 (1c); an independent social worker granted a
certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker
licensed under s. 457.08 (4), as defined in s. 457.01 (1r); 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 is suspended, revoked, or voluntarily surrendered, or whose license or
certificate 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; an advanced practice social worker granted a
certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
worker licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social
worker licensed under s. 457.08 (4), as defined in s. 457.01 (1r); 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 is suspended,
revoked, or voluntarily surrendered, or whose license or certificate 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, as those terms are defined under subch. I of ch. 457.
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, as those terms are defined under subch. I of ch. 457.
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 ch. 457,
as defined in s. 457.01 (10).
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 ch. 457,
as defined in s. 457.01 (3) or a professional counselor who is licensed under ch. 457,
as defined in s. 457.01 (7).
SECTION 18. 146.997 (1) (d) 11. of the statutes is amended to read:
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146.997 (1) (d) 11. A social worker, marriage and family therapist or
professional counselor certified, as those terms are defined under subch. I of ch. 457.
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, as those terms are defined under subch.
I of ch. 457.
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, as those terms are defined 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 ch. 457, as defined in s. 457.01 (10), 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
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
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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, as defined in s. 457.01 (1r), a professional counselor licensed under ch.
457, or a certified, as defined in s. 457.01 (7), an independent social worker, as defined
in s. 457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c),
who is authorized to practice psychotherapy under subch. I of ch. 457.
SECTION 27. 440.03 (11m) (c) 2u. of the statutes is created to read:
440.03 (11m) (c) 2u. The coordinated data system under s. 457.70 (11), if such
disclosure is required under the social work licensure compact under s. 457.70.
SECTION 28. 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 457.70 (3) (b)
4. and (7) (b) 3.:
SECTION 29. 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 30. 440.03 (13) (c) 1. id. of the statutes is created to read:
440.03 (13) (c) 1. id. An applicant for any category of social worker multistate
license under s. 457.08 (4m) when required pursuant to the social work licensure
compact under s. 457.70.
SECTION 31. 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 32. 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 33. 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 34. 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 457.70
(3) (b) 4. and (7) (b) 3., the department or a credentialing board may not require that
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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 35. 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 a multistate authorization to practice,
as defined in s. 457.70 (2) (q), under any category of social worker multistate license,
as defined in s. 457.70 (2) (r), in this state.
SECTION 36. 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 37. 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 38. 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 ch. 457, as those terms are defined
under subch. I of ch. 457.
SECTION 39. 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 40. 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 41. 457.01 (intro.) of the statutes is amended to read:
457.01 Definitions. (intro.) In this chapter subchapter:
SECTION 42. 457.01 (1c) of the statutes is amended to read:
457.01 (1c) “Advanced practice social worker" means an individual who holds
an advanced practice social worker certificate granted by the social worker section
or who is exercising a multistate authorization to practice under a master's-category
multistate license.
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SECTION 43. 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 44. 457.01 (1r) of the statutes is amended to read:
457.01 (1r) “Clinical social worker" means an individual who holds a license
to practice clinical social work granted by the social worker section or who is
exercising a multistate authorization to practice under a clinical-category
multistate license.
SECTION 45. 457.01 (1w) of the statutes is amended to read:
457.01 (1w) “Credential" means a license or certificate granted under this
chapter subchapter.
SECTION 46. 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 47. 457.01 (5g) of the statutes is created to read:
457.01 (5g) “Multistate authorization to practice” means the multistate
authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice
the appropriate category of social work in this state under a multistate license
granted by another state that is a party to the social work licensure compact.
SECTION 48. 457.01 (5r) of the statutes is created to read:
457.01 (5r) “Multistate license” has the meaning given in s. 457.70 (2) (r).
SECTION 49. 457.01 (10) of the statutes is amended to read:
457.01 (10) “Social worker" means an individual who holds a social worker
certificate granted by the social worker section or who is exercising a multistate
authorization to practice under a bachelor's-category multistate license.
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SECTION 50. 457.01 (12) of the statutes is created to read:
457.01 (12) “Social work licensure compact” means the social work licensure
compact under s. 457.70.
SECTION 51. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) 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
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
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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.
(5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or
457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to use
the title "alcohol and drug counselor" or "chemical dependency counselor" unless the
individual is certified as an alcohol and drug counselor or as a chemical dependency
counselor through a process recognized by the department.
(5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1),
or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to
treat substance use disorder as a specialty unless the individual is a certified
substance abuse counselor, clinical supervisor, or prevention specialist under s.
440.88, or unless the individual satisfies educational and supervised training
requirements established in rules promulgated by the examining board. In
promulgating rules under this subsection, the examining board shall consider the
requirements for qualifying as a certified substance abuse counselor, clinical
supervisor, or prevention specialist under s. 440.88.
(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 52. 457.03 (1), (1m) and (2) of the statutes are amended to read:
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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
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, and
individuals exercising a multistate authorization to practice. 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 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 53. 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
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psychometric testing that an individual who is certified or licensed under this
chapter subchapter, or an individual who is exercising a multistate authorization to
practice, 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 holder or, licensee, or holder of a
multistate license may not engage in psychometric testing except as provided under
the rules promulgated under this section.
SECTION 54. 457.035 (1) and (2) of the statutes are amended to read:
457.035 (1) The individual is licensed under this chapter as a clinical social
worker, marriage and family therapist, or professional counselor.
(2) The individual is certified as an advanced practice or independent social
worker and the individual engages in psychotherapy only under the supervision of
an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.
SECTION 55. 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) 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 or holds a bachelor's-category multistate
license granted in another state that is a party to the social work licensure compact.
(2) Use the title “advanced practice social worker" unless the person is certified
as an advanced practice social worker under this chapter subchapter or holds a
master's-category multistate license granted in another state that is a party to the
social work licensure compact.
(3) Use the title “independent social worker" unless the person is certified as
an independent social worker under this chapter subchapter.
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(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 holds a clinical-category multistate license granted in another state
that is a party to the social work licensure compact or unless the person is certified
under this chapter subchapter as an advanced practice social worker or independent
social worker or holds a master's-category multistate license granted in another
state that is a party to the social work licensure compact, and the person practices
clinical social work under the supervision of a person who is licensed as a clinical
social worker under this chapter.
(5) (a) The person is licensed as a marriage and family therapist under this
chapter subchapter.
(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.
(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.
(7) Practice psychotherapy unless the person is licensed under this chapter or
unless the person is a certificate holder who may practice psychotherapy under
except in accordance with the rules promulgated under ss. 457.03 and 457.035.
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SECTION 56. 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:
SECTION 57. 457.08 (4m) of the statutes is created to read:
457.08 (4m) MULTISTATE SOCIAL WORK LICENSES. (a) The social worker section
shall grant a clinical-category multistate license to any of the following:
1. An individual who holds or is eligible for a clinical social worker license under
sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays the fee
specified in s. 440.05 (1).
2. An individual who holds a clinical-category multistate license in another
state that is a party to the social work licensure compact, has changed his or her state
of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b), and
pays the fee specified in s. 440.05 (1).
(b) The social worker section shall grant a master's-category multistate license
to any of the following:
1. An individual who holds or is eligible for an advanced practice social worker
certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c),
and pays the fee specified in s. 440.05 (1).
2. An individual who holds a master's-category multistate license in another
state that is a party to the social work licensure compact, has changed his or her state
of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b), and
pays the fee specified in s. 440.05 (1).
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(c) The social worker section shall grant a bachelor's-category multistate
license to any of the following:
1. An individual who holds or is eligible for a social worker certificate under
sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee
specified in s. 440.05 (1).
2. An individual who holds a bachelor's-category multistate license in another
state that is a party to the social work licensure compact, has changed his or her state
of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b) and
pays the fee specified in s. 440.05 (1).
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 who has a
bachelor's or master's degree in social work.
2. One year of social work employment that involves direct practice with clients
and that is supervised by a social worker certified under this chapter who has a
bachelor's or master's degree in social work.
SECTION 59. 457.20 (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.
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(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 60. 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
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 61. 457.25 (1) of the statutes is renumbered 457.25 (1r).
SECTION 62. 457.25 (1g) of the statutes is created to read:
457.25 (1g) In this section, “credential holder” also includes an individual
practicing under a multistate authorization to practice.
SECTION 63. 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 an individual
practicing under a multistate authorization to practice or deny, limit, suspend, or
revoke a credential under this chapter subchapter or a multistate authorization to
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practice if it finds that the applicant or credential holder individual has done any of
the following:
(h) Violated this chapter subchapter or any rule promulgated under this
chapter subchapter.
SECTION 64. Subchapter III of chapter 457 [precedes 457.70] of the statutes is
created to read:
CHAPTER 457
SUBCHAPTER III
SOCIAL WORK LICENSURE COMP ACT
457.70 Social work licensure compact. (1) PURPOSE. The purpose of this
compact is to facilitate interstate practice of regulated social workers by improving
public access to competent social work 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 social work services;
(b) Reduce overly burdensome and duplicative requirements associated with
holding multiple licenses;
(c) Enhance the member states' ability to protect the public's health and safety;
(d) Encourage the cooperation of member states in regulating multistate
practice;
(e) Promote mobility and address workforce shortages by eliminating the
necessity for licenses in multiple states by providing for the mutual recognition of
other member state licenses;
(f) Support military families;
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(g) Facilitate the exchange of licensure and disciplinary information among
member states;
(h) Authorize all member states to hold a regulated social worker accountable
for abiding by a member state's laws, regulations, and applicable professional
standards in the member state in which the client is located at the time care is
rendered; and
(i) Allow for the use of telehealth to facilitate increased access to regulated
social work services.
(2) DEFINITIONS. As used in this compact, and except as otherwise provided, the
following definitions shall apply:
(a) “Active military member” means any individual with full-time duty status
in the active armed forces of the United States including members of the national
guard and reserve.
(b) “Adverse action” means any administrative, civil, equitable or criminal
action permitted by a state's laws which is imposed by a licensing authority or other
authority against a regulated social worker, including actions against an individual's
license or multistate authorization 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 regulated social worker'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 licensing authority to address practitioners with
an impairment.
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(d) “Charter member states” - member states who have enacted legislation to
adopt this compact where such legislation predates the effective date of this compact
as described in sub. (14).
(e) “Compact commission” or “commission” means the government agency
whose membership consists of all states that have enacted this compact, which is
known as the social work licensure compact commission, as described in sub. (10),
and which shall operate as an instrumentality of the member states.
(f) “Current significant investigative information” means:
1. Investigative information that a licensing authority, after a preliminary
inquiry that includes notification and an opportunity for the regulated social worker
to respond has reason to believe is not groundless and, if proved true, would indicate
more than a minor infraction as may be defined by the commission; or
2. Investigative information that indicates that the regulated social worker
represents an immediate threat to public health and safety, as may be defined by the
commission, regardless of whether the regulated social worker has been notified and
has had an opportunity to respond.
(g) “Data system” means a repository of information about licensees, including,
continuing education, examination, licensure, current significant investigative
information, disqualifying event, multistate license(s) and adverse action
information or other information as required by the commission.
(h) “Domicile” means the jurisdiction in which the licensee resides and intends
to remain indefinitely.
(i) “Disqualifying event” means any adverse action or incident which results
in an encumbrance that disqualifies or makes the licensee ineligible to either obtain,
retain or renew a multistate license.
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(j) “Encumbrance” means a revocation or suspension of, or any limitation on,
the full and unrestricted practice of social work licensed and regulated by a licensing
authority.
(k) “Executive committee” means a group of delegates elected or appointed to
act on behalf of, and within the powers granted to them by, the compact and
commission.
(L) “Home state” means the member state that is the licensee's primary
domicile.
(m) “Impairment” means a condition(s) that may impair a practitioner's ability
to engage in full and unrestricted practice as a regulated social worker without some
type of intervention and may include alcohol and drug dependence, mental health
impairment, and neurological or physical impairments.
(n) “Licensee(s)” means an individual who currently holds a license from a state
to practice as a regulated social worker.
(o) “Licensing authority” means the board or agency of a member state, or
equivalent, that is responsible for the licensing and regulation of regulated social
workers.
(p) “Member state” means a state, commonwealth, district, or territory of the
United States of America that has enacted this compact.
(q) “Multistate authorization to practice” means a legally authorized privilege
to practice, which is equivalent to a license, associated with a multistate license
permitting the practice of social work in a remote state.
(r) “Multistate license” means a license to practice as a regulated social worker
issued by a home state licensing authority that authorizes the regulated social
worker to practice in all member states under multistate authorization to practice.
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(s) “Qualifying national exam” means a national licensing examination
approved by the commission.
(t) “Regulated social worker” means any clinical, master's or bachelor's social
worker licensed by a member state regardless of the title used by that member state.
(u) “Remote state” means a member state other than the licensee's home state.
(v) “Rule(s)” or “rule(s) of the commission” means a regulation or regulations
duly promulgated by the commission, as authorized by the compact, that has the
force of law.
(w) “Single state license” means a social work license issued by any state that
authorizes practice only within the issuing state and does not include multistate
authorization to practice in any member state.
(x) “Social work” or “social work services” means the application of social work
theory, knowledge, methods, ethics, and the professional use of self to restore or
enhance social, psychosocial, or biopsychosocial functioning of individuals, couples,
families, groups, organizations, and communities through the care and services
provided by a regulated social worker as set forth in the member state's statutes and
regulations in the state where the services are being provided.
(y) “State” means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of social work.
(z) “Unencumbered license” means a license that authorizes a regulated social
worker to engage in the full and unrestricted practice of social work.
(3) STATE PARTICIPATION IN THE COMPACT. (a) To be eligible to participate in the
compact, a potential member state must currently meet all of the following criteria:
1. License and regulate the practice of social work at either the clinical,
master's, or bachelor's category.
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2. Require applicants for licensure to graduate from a program that is:
a. Operated by a college or university recognized by the licensing authority;
b. Accredited, or in candidacy by an institution that subsequently becomes
accredited, by an accrediting agency recognized by either the Council for Higher
Education Accreditation, or its successor; or the United States department of
education; and
c. Corresponds to the licensure sought as outlined in sub. (4).
3. Require applicants for clinical licensure to complete a period of supervised
practice.
4. Have a mechanism in place for receiving, investigating, and adjudicating
complaints about licensees.
(b) To maintain membership in the compact a member state shall:
1. Require that applicants for a multistate license pass a qualifying national
exam for the corresponding category of multistate license sought as outlined in sub.
(4).
2. Participate fully in the commission's data system, including using the
commission's unique identifier as defined in rules;
3. Notify the commission, in compliance with the terms of the compact and
rules, of any adverse action or the availability of current significant investigative
information regarding a licensee;
4. Implement procedures for considering the criminal history records of
applicants for a multistate license. Such 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
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of investigation and the agency responsible for retaining that state's criminal
records.
5. Comply with the rules of the commission;
6. 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 home state laws;
7. Authorize a licensee holding a multistate license in any member state to
practice in accordance with the terms of the compact and rules of the commission;
and
8. Designate a delegate to participate in the commission meetings.
(c) A member state meeting the requirements of pars. (a) and (b) shall designate
the categories of social work licensure that are eligible for issuance of a multistate
license for applicants in such member state. To the extent that any member state
does not meet the requirements for participation in the compact at any particular
category of social work licensure, such member state may choose, but is not obligated
to, issue a multistate license to applicants that otherwise meet the requirements of
sub. (4) for issuance of a multistate license in such category or categories of licensure.
(d) The home state may charge a fee for granting the multistate license.
(4) SOCIAL WORKER PARTICIPATION IN THE COMPACT. (a) To be eligible for a
multistate license under the terms and provisions of the compact, an applicant,
regardless of category must:
1. Hold or be eligible for an active, unencumbered license in the home state;
2. Pay any applicable fees, including any state fee, for the multistate license;
3. Submit, in connection with an application for a multistate license,
fingerprints or other biometric data for the purpose of obtaining criminal history
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record information from the federal bureau of investigation and the agency
responsible for retaining that state's criminal records.
4. Notify the home state of any adverse action, encumbrance, or restriction on
any professional license taken by any member state or nonmember state within 30
days from the date the action is taken.
5. Meet any continuing competence requirements established by the home
state;
6. Abide by the laws, regulations, and applicable standards in the member state
where the client is located at the time care is rendered.
(b) An applicant for a clinical-category multistate license must meet all of the
following requirements:
2. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a clinical-category qualifying national exam; or
b. Licensure of the applicant in their home state at the clinical category,
beginning prior to such time as a qualifying national exam was required by the home
state and accompanied by a period of continuous social work licensure thereafter, all
of which may be further governed by the rules of the commission; or
c. The substantial equivalency of the foregoing competency requirements
which the commission may determine by rule.
3. Attain at least a master's degree in social work from a program that is:
a. Operated by a college or university recognized by the licensing authority; and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either the Council for Higher Education
Accreditation or its successor; or the United States department of education.
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4. Fulfill a practice requirement, which shall be satisfied by demonstrating
completion of either:
a. A period of postgraduate supervised clinical practice equal to a minimum of
three thousand hours; or
b. A minimum of two years of full-time postgraduate supervised clinical
practice; or
c. The substantial equivalency of the foregoing practice requirements which
the commission may determine by rule.
(c) An applicant for a master's-category multistate license must meet all of the
following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a masters-category qualifying national exam;
b. Licensure of the applicant in their home state at the master's category,
beginning prior to such time as a qualifying national exam was required by the home
state at the master's category and accompanied by a continuous period of social work
licensure thereafter, all of which may be further governed by the rules of the
commission; or
c. The substantial equivalency of the foregoing competency requirements
which the commission may determine by rule.
2. Attain at least a master's degree in social work from a program that is:
a. Operated by a college or university recognized by the licensing authority; and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either the Council for Higher Education
Accreditation or its successor; or the United States department of education.
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(d) An applicant for a bachelor's-category multistate license must meet all of
the following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a bachelor's-category qualifying national exam;
b. Licensure of the applicant in their home state at the bachelor's category,
beginning prior to such time as a qualifying national exam was required by the home
state and accompanied by a period of continuous social work licensure thereafter, all
of which may be further governed by the rules of the commission; or
c. The substantial equivalency of the foregoing competency requirements
which the commission may determine by rule.
2. Attain at least a bachelor's degree in social work from a program that is:
a. Operated by a college or university recognized by the licensing authority; and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either the Council for Higher Education
Accreditation or its successor; or the United States department of education.
(e) The multistate license for a regulated social worker is subject to the renewal
requirements of the home state. The regulated social worker must maintain
compliance with the requirements of par. (a) to be eligible to renew a multistate
license.
(f) The regulated social worker's services in a remote state are subject to that
member state's regulatory authority. A remote state may, in accordance with due
process and that member state's laws, remove a regulated social worker's multistate
authorization 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.
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(g) If a multistate license is encumbered, the regulated social worker's
multistate authorization to practice shall be deactivated in all remote states until the
multistate license is no longer encumbered.
(h) If a multistate authorization to practice is encumbered in a remote state,
the regulated social worker's multistate authorization to practice may be
deactivated in that state until the multistate authorization to practice is no longer
encumbered.
(5) ISSUANCE OF A MULTISTATE LICENSE. (a) Upon receipt of an application for
multistate license, the home state licensing authority shall determine the applicant's
eligibility for a multistate license in accordance with sub. (4).
(b) If such applicant is eligible pursuant to sub. (4), the home state licensing
authority shall issue a multistate license that authorizes the applicant or regulated
social worker to practice in all member states under a multistate authorization to
practice.
(c) Upon issuance of a multistate license, the home state licensing authority
shall designate whether the regulated social worker holds a multistate license in the
bachelor's, master's, or clinical category of social work.
(d) A multistate license issued by a home state to a resident in that state shall
be recognized by all compact member states as authorizing social work practice
under a multistate authorization to practice corresponding to each category of
licensure regulated in each member state.
(6) AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING
AUTHORITIES. (a) Nothing in this compact, nor any rule of the commission, shall be
construed to limit, restrict, or in any way reduce the ability of a member state to enact
and enforce laws, regulations, or other rules related to the practice of social work in
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that state, where those laws, regulations, or other rules are not inconsistent with the
provisions of this compact.
(b) Nothing in this compact shall affect the requirements established by a
member state for the issuance of a single state license.
(c) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a member state to take adverse
action against a licensee's single state license to practice social work in that state.
(d) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a remote state to take adverse
action against a licensee's multistate authorization to practice in that state.
(e) Nothing in this compact, nor any rule of the commission, shall be construed
to limit, restrict, or in any way reduce the ability of a licensee's home state to take
adverse action against a licensee's multistate license based upon information
provided by a remote state.
(7) REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. (a) A licensee can
hold a multistate license, issued by their home state, in only one member state at any
given time.
(b) If a licensee changes their home state by moving between two member
states:
1. The licensee shall immediately apply for the reissuance of their multistate
license in their new home state. The licensee shall pay all applicable fees and notify
the prior home state in accordance with the rules of the commission.
2. Upon receipt of an application to reissue a multistate license, the new home
state shall verify that the multistate license is active, unencumbered and eligible for
reissuance under the terms of the compact and the rules of the commission. The
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multistate license issued by the prior home state will be deactivated and all member
states notified in accordance with the applicable rules adopted by the commission.
3. Prior to the reissuance of the multistate license, the new home state shall
conduct procedures for considering the criminal history records of the licensee. Such
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.
4. If required for initial licensure, the new home state may require completion
of jurisprudence requirements in the new home state.
5. Notwithstanding any other provision of this compact, if a licensee does not
meet the requirements set forth in this compact for the reissuance of a multistate
license by the new home state, then the licensee shall be subject to the new home
state requirements for the issuance of a single state license in that state.
(c) If a licensee changes their primary state of residence by moving from a
member state to a nonmember state, or from a nonmember state to a member state,
then the licensee shall be subject to the state requirements for the issuance of a single
state license in the new home 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, and only one multistate license.
(e) Nothing in this compact shall interfere with the requirements established
by a member state for the issuance of a single state license.
(8) MILITARY FAMILIES. An active military member or their spouse shall
designate a home state where the individual has a multistate license. The individual
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may retain their home state designation during the period the service member is on
active duty.
(9) 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 regulated social worker's multistate
authorization to practice only within that member state, and 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
authority 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 licensing 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.
2. Only the home state shall have the power to take adverse action against a
regulated social worker's multistate license.
(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
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 regulated
social worker who changes their home state during the course of the investigations.
The home state shall also have the authority to take appropriate action(s) and shall
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promptly report the conclusions of the investigations to the administrator of the data
system. The administrator of the data 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 regulated social worker the costs of investigations and dispositions of cases
resulting from any adverse action taken against that regulated social worker.
(e) A member state may take adverse action based on the factual findings of
another member 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 social work 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 multistate license
of a regulated social worker, the regulated social worker's multistate authorization
to practice in all other member states shall be deactivated until all encumbrances
have been removed from the multistate license. All home state disciplinary orders
that impose adverse action against the license of a regulated social worker shall
include a statement that the regulated social worker's multistate authorization to
practice is deactivated in all member states until all conditions of the decision, order
or agreement are satisfied.
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(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 and all other member states 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.
(j) Nothing in this compact shall authorize a member state to demand the
issuance of subpoenas for attendance and testimony of witnesses or the production
of evidence from another member state for lawful actions within that member state.
(k) Nothing in this compact shall authorize a member state to impose discipline
against a regulated social worker who holds a multistate authorization to practice
for lawful actions within another member state.
(10) ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION. (a) The
compact member states hereby create and establish a joint government agency
whose membership consists of all member states that have enacted the compact
known as the social work licensure compact commission. The commission is an
instrumentality of the compact states acting jointly and not an instrumentality of
any one state. The commission shall come into existence on or after the effective date
of the compact as set forth in sub. (14).
(b) Membership, voting, and meetings. 1. Each member state shall have and
be limited to one (1) delegate selected by that member state's state licensing
authority.
2. The delegate shall be either:
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a. A current member of the state licensing authority at the time of appointment,
who is a regulated social worker or public member of the state licensing authority;
or
b. An administrator of the state licensing authority or their designee.
3. The commission shall by rule or bylaw establish a term of office for delegates
and may by rule or bylaw establish term limits.
4. The commission may recommend removal or suspension any delegate from
office.
5. A member state's state licensing authority shall fill any vacancy of its
delegate occurring on the commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters before the
commission requiring a vote by commission delegates.
7. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates to meet by telecommunication,
videoconference, or other means of communication.
8. The commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The commission may
meet by telecommunication, video conference or other similar electronic means.
(c) The commission shall have the following powers:
1. Establish the fiscal year of the commission;
2. Establish code of conduct and conflict of interest policies;
3. Establish and amend rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this
compact, the commission's rules, and the bylaws;
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6. Initiate and conclude 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. Maintain and certify records and information provided to a member state as
the authenticated business records of the commission, and designate an agent to do
so on the commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
10. Conduct an annual financial review;
11. 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;
12. Assess and collect fees;
13. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
and dispose of the same; provided that at all times the commission shall avoid any
appearance of impropriety or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
16. Establish a budget and make expenditures;
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17. Borrow money;
18. Appoint committees, including standing committees, composed of
members, state regulators, state legislators or their representatives, and consumer
representatives, and such other interested persons as may be designated in this
compact and the bylaws;
19. Provide and receive information from, and cooperate with, law enforcement
agencies;
20. Establish and elect an executive committee, including a chair and a vice
chair;
21. Determine whether a state's adopted language is materially different from
the model compact language such that the state would not qualify for participation
in the compact; and
22. Perform such other functions as may be necessary or appropriate to achieve
the purposes of this compact.
(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. The powers,
duties, and responsibilities of the executive committee shall include:
a. Oversee the day-to-day activities of the administration of the compact
including enforcement and compliance with the provisions of the compact, its rules
and bylaws, and other such duties as deemed necessary;
b. Recommend to the commission changes to the rules or bylaws, changes to
this compact legislation, fees charged to compact member states, fees charged to
licensees, and other fees;
c. Ensure compact administration services are appropriately provided,
including by contract;
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d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the commission;
f. Monitor compact compliance of member states and provide compliance
reports to the commission;
g. Establish additional committees as necessary;
h. Exercise the powers and duties of the commission during the interim
between commission meetings, except for adopting or amending rules, adopting or
amending bylaws, and exercising any other powers and duties expressly reserved to
the commission by rule or bylaw; and
i. Other duties as provided in the rules or bylaws of the commission.
2. The executive committee shall be composed of up to eleven (11) members:
a. The chair and vice chair of the commission shall be voting members of the
executive committee; and
b. The commission shall elect five voting members from the current
membership of the commission.
c. Up to four (4) ex officio, nonvoting members from four (4) recognized national
social work organizations.
d. 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 the commission's bylaws.
4. The executive committee shall meet at least annually.
a. Executive committee meetings shall be open to the public, except that the
executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
2. below.
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b. The executive committee shall give seven (7) days' notice of its meetings,
posted on its website and as determined to provide notice to persons with an interest
in the business of the commission.
c. The executive committee may hold a special meeting in accordance with par.
(f) 1. b. below.
(e) The commission shall adopt and provide to the member states an annual
report.
(f) Meetings of the commission. 1. All meetings shall be open to the public,
except that the commission may meet in a closed, nonpublic meeting as provided in
par. (f) 2. below.
a. Public notice for all meetings of the full commission of meetings shall be
given in the same manner as required under the rule-making provisions in sub. (12),
except that the commission may hold a special meeting as provided in par. (f) 1. b.
below.
b. The commission may hold a special meeting when it must meet to conduct
emergency business by giving 48 hours' notice to all commissioners, on the
commission's website, and other means as provided in the commission's rules. The
commission's legal counsel shall certify that the commission's need to meet qualifies
as an emergency.
2. The commission or the executive committee or other committees of the
commission may convene in a closed, nonpublic meeting for the commission or
executive committee or other committees of the commission to receive legal advice
or to discuss:
a. Noncompliance of a member state with its obligations under the compact;
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b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees;
c. Current or threatened discipline of a licensee by the commission or by a
member state's licensing authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. 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;
k. Matters specifically exempted from disclosure by federal or member state
law; or
L. Other matters as promulgated by the Commission by Rule.
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
that the meeting will be closed and reference each relevant exempting provision, and
such reference shall be recorded in the minutes.
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
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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 only by a majority vote of the commission or order of a court
of competent jurisdiction.
(g) 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 as
provided in par. (c) 13.
3. The commission may levy on and collect an annual assessment from each
member state and impose fees on licensees of member states to whom it grants a
multistate license 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 by other sources. The
aggregate annual assessment amount for member states shall be allocated based
upon a formula that the commission shall promulgate by rule.
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 financial review and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the commission shall
be subject to an annual financial review by a certified or licensed public accountant,
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and the report of the financial review shall be included in and become part of the
annual report of the commission.
(h) Qualified immunity, defense, and indemnification. 1. The members,
officers, executive director, employees and representatives of the commission shall
be immune from suit and liability, both personally and 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 or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of that person. The
procurement of insurance of any type by the commission shall not in any way
compromise or limit the immunity granted hereunder.
2. The commission shall defend any member, officer, executive director,
employee, and 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
within the scope of commission employment, duties, or responsibilities, or as
determined by the commission 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 their own counsel at their own
expense; 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.
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3. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, and 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.
4. Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed solely
by any other applicable state laws.
5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
a member state's state action immunity or state action affirmative defense with
respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
or federal antitrust or anticompetitive law or regulation.
6. Nothing in this compact shall be construed to be a waiver of sovereign
immunity by the member states or by the commission.
(11) DATA SYSTEM. (a) The commission shall provide for the development,
maintenance, operation, and utilization of a coordinated data system.
(b) The commission shall assign each applicant for a multistate license a
unique identifier, as determined by the rules of the commission.
(c) 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;
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2. Licensure data;
3. Adverse actions against a license and information related thereto;
4. Nonconfidential information related to alternative program participation,
the beginning and ending dates of such participation, and other information related
to such participation not made confidential under member state law;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. The presence of current significant investigative information; and
7. Other information that may facilitate the administration of this compact or
the protection of the public, as determined by the rules of the commission.
(d) The records and information provided to a member state pursuant to this
compact or through the data system, when certified by the commission or an agent
thereof, shall constitute the authenticated business records of the commission, and
shall be entitled to any associated hearsay exception in any relevant judicial,
quasi-judicial or administrative proceedings in a member state.
(e) Current significant investigative information pertaining to a licensee in any
member state will only be available to other member states.
1. It is the responsibility of the member states to report any adverse action
against a licensee and to monitor the database to determine whether adverse action
has been taken against a licensee. Adverse action information pertaining to a
licensee in any member state will be available to any other member state.
(f) 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.
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(g) Any information submitted to the data system that is subsequently
expunged pursuant to federal law or the laws of the member state contributing the
information shall be removed from the data system.
(12) RULE MAKING. (a) The commission shall promulgate reasonable rules in
order to effectively and efficiently implement and administer the purposes and
provisions of the compact. A rule shall be invalid and have no force or effect only if
a court of competent jurisdiction holds that the rule is invalid because the
commission exercised its rule-making authority in a manner that is beyond the
scope and purposes of the compact, or the powers granted hereunder, or based upon
another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state,
provided however that where the rules of the commission conflict with the laws of the
member state that establish the member state's laws, regulations, and applicable
standards that govern the practice of social work as held by a court of competent
jurisdiction, the rules of the commission shall be ineffective in that state to the extent
of the conflict.
(c) The commission shall exercise its rule-making powers pursuant to the
criteria set forth in this subsection and the rules adopted thereunder. Rules shall
become binding on the day following adoption or the date specified in the rule or
amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion
of a rule, by enactment of a statute or resolution in the same manner used to adopt
the compact within four (4) years of the date of adoption of the rule, then such rule
shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the commission.
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(f) Prior to adoption of a proposed rule, the commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts,
opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least thirty
(30) days in advance of the meeting at which the commission will hold a public
hearing on the proposed rule, the commission shall provide a notice of proposed rule
making:
1. On the website of the commission or other publicly accessible platform;
2. To persons who have requested notice of the commission's notices of proposed
rule making, and
3. In such other way(s) as the commission may by rule specify.
(h) The notice of proposed rule making shall include:
1. The time, date, and location of the public hearing at which the commission
will hear public comments on the proposed rule and, if different, the time, date, and
location of the meeting where the commission will consider and vote on the proposed
rule;
2. If the hearing is held via telecommunication, video conference, or other
electronic means, the commission shall include the mechanism for access to the
hearing in the notice of proposed rule making;
3. The text of the proposed rule and the reason therefor;
4. A request for comments on the proposed rule from any interested person; and
5. The manner in which interested persons may submit written comments.
(i) All hearings will be recorded. A copy of the recording and all written
comments and documents received by the commission in response to the proposed
rule shall be available to the public.
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(j) 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.
(k) The commission shall, by majority vote of all members, take final action on
the proposed rule based on the rule-making record and the full text of the rule.
1. The commission may adopt changes to the proposed rule provided the
changes do not enlarge the original purpose of the proposed rule.
2. The commission shall provide an explanation of the reasons for substantive
changes made to the proposed rule as well as reasons for substantive changes not
made that were recommended by commenters.
3. The commission shall determine a reasonable effective date for the rule.
Except for an emergency as provided in par. (L), the effective date of the rule shall
be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
(L) Upon determination that an emergency exists, the commission may
consider and adopt an emergency rule with 48 hours' notice, with opportunity to
comment, 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 ninety (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 a rule that is established by federal
law or rule; or
4. Protect public health and safety.
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(m) The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule 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 revision shall be
subject to challenge by any person for a period of thirty (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
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.
(n) No member state's rule-making requirements shall apply under this
compact.
(13) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
executive and judicial branches of state government in each member state shall
enforce this compact and take all actions necessary and appropriate to implement
the compact.
2. Except as otherwise provided in this compact, 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.
Nothing herein shall affect or limit the selection or propriety of venue in any action
against a licensee for professional malpractice, misconduct or any such similar
matter.
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3. The commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the compact and shall
have standing to intervene in such a proceeding for all purposes. Failure to provide
the commission service of process 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 provide written notice to the defaulting state. The notice of default shall
describe the default, the proposed means of curing the default, and any other action
that the commission may take, and shall offer training and specific technical
assistance regarding the default.
2. The commission shall provide a copy of the notice of default to the other
member states.
(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 delegates
of the member states, and all rights, privileges and benefits conferred on that state
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, the defaulting state's state
licensing authority and each of the member states' state licensing authority.
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(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) Upon the termination of a state's membership from this compact, that state
shall immediately provide notice to all licensees within that state of such
termination. The terminated state shall continue to recognize all licenses granted
pursuant to this compact for a minimum of six (6) months after the date of said notice
of termination.
(g) 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.
(h) 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 party shall be awarded all costs
of such litigation, including reasonable attorney's fees.
(i) 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 nonmember states.
2. The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
(j) Enforcement. 1. By majority vote as provided by rule, the commission may
initiate legal action against a member state in default in the United States District
Court for the District of Columbia or the federal district where the commission has
its principal offices to enforce compliance with the provisions of the compact and its
promulgated rules. The relief sought may include both injunctive relief and
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damages. In the event judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable attorney's fees. The
remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or the defaulting
member state's law.
2. A member state may initiate legal action against the commission in the U.S.
District Court for the District of Columbia or the federal district where the
commission has its principal offices to enforce compliance with the provisions of the
compact and its promulgated rules. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing
party shall be awarded all costs of such litigation, including reasonable attorney's
fees.
3. No person other than a member state shall enforce this compact against the
commission.
(14) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact shall come
into effect on the date on which the compact statute is enacted into law in the seventh
member state.
1. On or after the effective date of the compact, the commission shall convene
and review the enactment of each of the first seven member states (“charter member
states”) to determine if the statute enacted by each such charter member state is
materially different than the model compact statute.
a. A charter member state whose enactment is found to be materially different
from the model compact statute shall be entitled to the default process set forth in
sub. (13).
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b. If any member state is later found to be in default, or is terminated or
withdraws from the compact, the commission shall remain in existence and the
compact shall remain in effect even if the number of member states should be less
than seven.
2. Member states enacting the compact subsequent to the seven initial charter
member states shall be subject to the process set forth in sub. (10) (c) 21. to determine
if their enactments are materially different from the model compact statute and
whether they qualify for participation in the compact.
3. All actions taken for the benefit of the commission or in furtherance of the
purposes of the administration of the compact prior to the effective date of the
compact or the commission coming into existence shall be considered to be actions
of the commission unless specifically repudiated by the commission.
4. Any state that joins the compact subsequent to the commission's initial
adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist
on the date on which 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.
(b) 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 180 days after
enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
state's licensing authority to comply with the investigative and adverse action
reporting requirements of this compact prior to the effective date of withdrawal.
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3. Upon the enactment of a statute withdrawing from this compact, a state
shall immediately provide notice of such withdrawal to all licensees within that
state. Notwithstanding any subsequent statutory enactment to the contrary, such
withdrawing state shall continue to recognize all licenses granted pursuant to this
compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement between a
member state and a nonmember state that does not conflict with the provisions of
this compact.
(d) 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.
(15) CONSTRUCTION AND SEVERABILITY. (a) This compact and the commission's
rule-making authority shall be liberally construed so as to effectuate the purposes,
and the implementation and administration of the compact. Provisions of the
compact expressly authorizing or requiring the promulgation of rules shall not be
construed to limit the commission's rule-making authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is held by a court of competent jurisdiction to
be contrary to the constitution of any member state, a state seeking participation in
the compact, or of the United States, or the applicability thereof to any government,
agency, person or circumstance is held to be unconstitutional by a court of competent
jurisdiction, the validity of the remainder of this compact and the applicability
thereof to any other government, agency, person or circumstance shall not be affected
thereby.
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(c) Notwithstanding par. (b), the commission may deny a state's participation
in the compact or, in accordance with the requirements of sub. (13) (b), terminate a
member state's participation in the compact, if it determines that a constitutional
requirement of a member state is a material departure from the compact. Otherwise,
if this compact shall be held to be 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.
(16) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) A licensee
providing services in a remote state under a multistate authorization to practice
shall adhere to the laws and regulations, including laws, regulations, and applicable
standards, of the remote state where the client is located at the time care is rendered.
(b) Nothing herein shall prevent or inhibit the enforcement of any other law of
a member state that is not inconsistent with the compact.
(c) Any laws, statutes, regulations, or other legal requirements in a member
state in conflict with the compact are superseded to the extent of the conflict.
(d) All permissible agreements between the commission and the member states
are binding in accordance with their terms.
457.71 Implementation of the social work licensure compact. (1) In this
section, “multistate authorization to practice ” has the meaning given in s. 457.70 (2)
(q).
(2) (a) An individual who is exercising the multistate authorization to practice
in this state shall comply with s. 440.03 (13) (am).
(b) Subject to s. 457.70 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
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is exercising the multistate authorization to practice in this state in the same
manner that they apply to holders of certificates or licenses issued under subch. I.
SECTION 65. 632.89 (1) (dm) of the statutes is repealed and recreated to read:
632.89 (1) (dm) “Licensed mental health professional" means a clinical social
worker, a marriage and family therapist, or a professional counselor, as those terms
are defined in subch. I of ch. 457.
SECTION 66. 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 67. 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
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 68. 905.04 (1) (bm) and (dm) of the statutes are amended to read:
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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.
(dm) “Professional counselor" means an individual who is licensed as a
professional counselor under subch. I of ch. 457 or an individual reasonably believed
by the patient to be a professional counselor.
SECTION 69. 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, as those terms are defined under subch. I of ch. 457, or an
individual reasonably believed by the patient to be a social worker, advanced practice
social worker, independent social worker, or clinical social worker.
(END)
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