Date of enactment:
2023 Senate Bill 196 Date of publication*:
2023 WISCONSIN ACT
AN ACT to renumber 457.16 (1); to renumber and amend 440.03 (13) (c) and 457.12; to amend 15.405 (7c) (a)
1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c),
46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89
(1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f),
256.215 (2) (b), 257.01 (1) (a), 257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13)
(b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10
(3) (a) 10., chapter 457 (title), 457.01 (intro.), 457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1),
(2), (3), (4) and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4) and (5) (a) and (b),
457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1)
(f), 457.15 (3), 457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1) (e) 4.,
800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to create 14.896, 440.03 (11m) (c) 2u., 440.03
(13) (c) 1. i., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and
(2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes 457.50] of the statutes; relating to:
ratification of the Counseling Compact.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill
was prepared for the Joint Legislative Council’s Study Com-
mittee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Counsel-
ing Compact, which provides for the ability of a professional
counselor to become eligible to practice in other compact
states. Significant provisions of the compact include the fol-
lowing:
1. The creation of a Counseling Compact Commission,
which includes one member or administrator of the licensure
boards of each member state. The commission has various
powers and duties granted in the compact, including estab-
lishing bylaws, promulgating binding rules for the compact,
employing officers and employees, and establishing and
electing an executive committee. The commission may levy
on and collect an annual assessment from each member state
or impose fees on other parties to cover the cost of the opera-
tions and activities of the commission and its staff.
2. The ability for a professional counselor to obtain a
“privilege to practice,” which allows a professional counselor
to practice professional counseling in another compact state
(remote state) if the professional counselor satisfies certain
criteria. The compact specifies a number of requirements in
order for a professional counselor to exercise a privilege to
practice, including holding a professional counselor license in
a home state, not having any encumbrances or restrictions
against a license or privilege in the previous two years, and
paying any fees and meeting any jurisprudence requirements
that may be imposed by a remote state. A professional coun-
selor practicing in a remote state under a privilege to practice
must adhere to the laws and regulations, including the scope
of practice, of that state. A remote state may, in accordance
with that state’s laws, remove a professional counselor’s priv-
ilege to practice in the remote state for a specific period of
time, impose fines, and take any other necessary actions to
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 196
protect the health and safety of its citizens. If a professional
counselor’s license is encumbered, the counselor loses the
privilege to practice in all remote states until certain criteria
are satisfied. If a professional counselor’s privilege to prac-
tice in any remote state is removed, the counselor may lose the
privilege to practice in all other remote states until certain cri-
teria are satisfied.
3. The ability of member states to issue subpoenas that
are enforceable in other states.
4. The creation of a coordinated database and reporting
system containing licensure and disciplinary action informa-
tion on professional counselors. The compact requires all
home state disciplinary orders that impose adverse actions to
be reported to the commission. A member state must submit
a uniform data set to the data system on all individuals to
whom the compact is applicable as required by the rules of the
commission.
5. Provisions regarding resolutions of disputes between
member states and between member and nonmember states,
including a process for termination of a state’s membership in
the compact if the state defaults on its obligations under the
compact.
Since the compact has already been enacted by the mini-
mum number of states required for it to become active, the
compact becomes effective in this state upon enactment of the
bill. The compact provides that it may be amended upon
enactment of an amendment by all member states. A state
may withdraw from the compact by repealing the statute
authorizing the compact, but the compact provides that a with-
drawal does not take effect until six months after the effective
date of that repeal.
SECTION 1. 14.896 of the statutes is created to read:
14.896 Counseling compact. There is created a
counseling compact commission as specified in s.
457.50. The delegate on the commission representing
this state shall be appointed by the marriage and family
therapy, professional counseling, and social work exam-
ining board as provided in s. 457.50 (9) (b) 1. and shall
be an individual described in s. 457.50 (9) (b) 2. a. or b.
The commission has the powers and duties granted and
imposed under s. 457.50.
SECTION 2. 15.405 (7c) (a) 1. of the statutes is
amended to read:
15.405 (7c) (a) 1. Four social worker members who
are certified or licensed under subch. I of ch. 457.
SECTION 3. 15.405 (7c) (a) 2. of the statutes is
amended to read:
15.405 (7c) (a) 2. Three marriage and family thera-
pist members who are licensed under subch. I of ch. 457.
SECTION 4. 15.405 (7c) (a) 3. of the statutes is
amended to read:
15.405 (7c) (a) 3. Three professional counselor mem-
bers 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 repre-
sent 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 certi-
fied 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 coun-
selor, or marriage and family therapist certified under
subch. I of ch. 457 or a professional counselor who is
exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 10. 48.56 (2) of the statutes is amended to
read:
48.56 (2) Each county department shall employ per-
sonnel who devote all or part of their time to child welfare
services. Whenever possible, these personnel shall be
social workers certified under subch. I of ch. 457.
SECTION 11. 48.561 (2) of the statutes is amended to
read:
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 wel-
fare services. Whenever possible, these personnel shall
be social workers certified under subch. I of ch. 457.
SECTION 12. 49.45 (30j) (a) 1. of the statutes is
amended to read:
49.45 (30j) (a) 1. “Competent mental health profes-
sional” means a physician who has completed a residence
in psychiatry; a psychologist; a private practice school
psychologist who is licensed under ch. 455; a marriage
and family therapist who is licensed under s. 457.10 or
457.11; a professional counselor who is licensed under s.
457.12 or 457.13 or who is exercising the professional
counselor privilege to practice, as defined in s. 457.50 (2)
(s), in this state; an advanced practice social worker
granted who holds a certificate under s. 457.08 (2); an
independent social worker granted who holds a certifi-
cate under s. 457.08 (3); a clinical social worker who is
licensed under s. 457.08 (4); a clinical substance abuse
counselor or independent clinical supervisor who is certi-
fied under s. 440.88, or any of these individuals who is − 3 − 2023 Wisconsin Act 2023 Senate Bill 196
practicing under a currently valid training or temporary
license or certificate granted under applicable provisions
of ch. 457. “Competent mental health professional” does
not include an individual whose license or, certificate, or
privilege is suspended, revoked, or voluntarily surren-
dered, or whose license or, certificate, or privilege is lim-
ited 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 mar-
riage and family therapist who is licensed under s. 457.10
or 457.11; a professional counselor who is licensed under
s. 457.12 or 457.13 or who is exercising the professional
counselor privilege to practice, as defined in s. 457.50 (2)
(s), in this state; an advanced practice social worker
granted who holds a certificate under s. 457.08 (2); an
independent social worker who is licensed under s.
457.08 (3); a clinical social worker who is licensed under
s. 457.08 (4); or any of these individuals who is practicing
under a currently valid training or temporary license or
certificate granted under applicable provisions of ch.
457. “Licensed treatment professional” does not include
an individual whose license or, certificate, or privilege is
suspended, revoked, or voluntarily surrendered, or
whose license or, certificate, or privilege is limited or
restricted, when practicing in areas prohibited by the lim-
itation or restriction.
SECTION 14. 55.043 (1m) (a) 4. of the statutes is
amended to read:
55.043 (1m) (a) 4. A social worker, professional
counselor, or marriage and family therapist certified
under subch. I of ch. 457 or a professional counselor who
is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 15. 146.81 (1) (hg) of the statutes is
amended to read:
146.81 (1) (hg) A social worker, marriage and family
therapist, or professional counselor certified or licensed
under subch. I of ch. 457 or a professional counselor who
is exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 16. 146.89 (1) (r) 6. of the statutes is
amended to read:
146.89 (1) (r) 6. A social worker who holds a certifi-
cate granted under subch. I of ch. 457.
SECTION 17. 146.89 (1) (r) 7. of the statutes is
amended to read:
146.89 (1) (r) 7. A marriage and family therapist who
is licensed under subch. I of ch. 457 or a professional
counselor who is licensed under subch. I of ch. 457.
SECTION 18. 146.997 (1) (d) 11. of the statutes is
amended to read:
146.997 (1) (d) 11. A social worker, marriage and
family therapist or professional counselor certified under
subch. I of ch. 457 or a professional counselor who is
exercising the privilege to practice, as defined in s.
457.50 (2) (s), in this state.
SECTION 19. 180.1901 (1m) (f) of the statutes is
amended to read:
180.1901 (1m) (f) Marriage and family therapy, pro-
fessional counseling, and social work examining board
under subch. I of ch. 457.
SECTION 20. 252.14 (1) (ar) 7. of the statutes is
amended to read:
252.14 (1) (ar) 7. A social worker, marriage and
family therapist, or professional counselor certified or
licensed under subch. I of ch. 457 or a professional coun-
selor who is exercising the privilege to practice, as
defined in s. 457.50 (2) (s), in this state.
SECTION 21. 252.15 (1) (er) of the statutes is
amended to read:
252.15 (1) (er) “Social worker” means an individual
who is certified or licensed as a social worker, advanced
practice social worker, independent social worker, or
clinical social worker under subch. I of ch. 457.
SECTION 22. 253.10 (2) (f) of the statutes is amended
to read:
253.10 (2) (f) “Qualified person assisting the physi-
cian” means a social worker certified under subch. I of ch.
457, a registered nurse or a physician assistant to whom
a physician who is to perform or induce an abortion has
delegated the responsibility, as the physician’s agent, for
providing the information required under sub. (3) (c) 2.
SECTION 23. 256.215 (2) (b) of the statutes is
amended to read:
256.215 (2) (b) The emergency medical services
provider establishes, submits to the department, and
maintains patient care protocols corresponding to the
appropriate service level to be used by a community para-
medic or a community emergency medical services prac-
titioner. The emergency medical services provider may
include in a patient care protocol only those services that
do not require a license, certificate, or other credential
under subch. II, III, IV, or VII of ch. 448 or 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 pro-
fessional 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 − 4 −2023 Wisconsin Act 2023 Senate Bill 196
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 certifica-
tion was never revoked, limited, suspended, or denied
renewal.
SECTION 26. 303.08 (1) (f) of the statutes is amended
to read:
303.08 (1) (f) Obtaining counseling or therapy from
an approved public treatment facility, as defined in s.
51.45 (2) (c), an approved private treatment facility, as
defined in s. 51.45 (2) (b), a psychiatrist, a psychologist,
a licensed clinical social worker, a professional counselor
licensed under ch. 457, as defined in s. 457.01 (7), or a
certified independent or advanced practice social worker
who is authorized to practice psychotherapy under subch.
I of ch. 457.
SECTION 27. 440.03 (9) (a) (intro.) of the statutes is
amended to read:
440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and
s. 458.33 (2) (b) and (5), the department shall, biennially,
determine each fee for an initial credential for which no
examination is required, for a reciprocal credential, and
for a credential renewal and any fees imposed under ss.
448.986 (2) and, 448.9875 (2), and 457.51 (2) by doing
all of the following:
SECTION 28. 440.03 (9) (a) 2. of the statutes is
amended to read:
440.03 (9) (a) 2. Not later than January 31 of each
odd−numbered year, adjusting for the succeeding fiscal
biennium each fee for an initial credential for which an
examination is not required, for a reciprocal credential,
and, subject to s. 440.08 (2) (a), for a credential renewal,
and any fees imposed under ss. 448.986 (2) and,
448.9875 (2), and 457.51 (2), if an adjustment is neces-
sary to reflect the approximate administrative and
enforcement costs of the department that are attributable
to the regulation of the particular occupation or business
during the period in which the initial or reciprocal cre-
dential, credential renewal, or compact privilege is in
effect and, for purposes of each fee for a credential
renewal, to reflect an estimate of any additional moneys
available for the department’s general program opera-
tions as a result of appropriation transfers that have been
or are estimated to be made under s. 20.165 (1) (i) during
the fiscal biennium in progress at the time of the deadline
for an adjustment under this subdivision or during the fis-
cal biennium beginning on the July 1 immediately fol-
lowing the deadline for an adjustment under this subdivi-
sion.
SECTION 29. 440.03 (11m) (c) 2u. of the statutes is
created to read:
440.03 (11m) (c) 2u. The coordinated database and
reporting system under s. 457.50 (10), if such disclosure
is required under the counseling compact under s.
457.50.
SECTION 30. 440.03 (13) (b) (intro.) of the statutes is
amended to read:
440.03 (13) (b) (intro.) The department may investi-
gate whether an applicant for or holder of any of the fol-
lowing credentials has been charged with or convicted of
a crime only pursuant to rules promulgated by the depart-
ment under this paragraph, including rules that establish
the criteria that the department will use to determine
whether an investigation under this paragraph is neces-
sary, except as provided in par. (c) and ss. 441.51 (5) (a)
5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and
457.50 (3) (b) 3. and (5) (b) 2. a.:
SECTION 31. 440.03 (13) (c) of the statutes is renum-
bered 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 fin-
gerprinted on 2 fingerprint cards, each bearing a com-
plete set of the person’s fingerprints:
a. An applicant for a private detective license or a pri-
vate 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 occu-
pational therapy assistant compact privilege under s.
448.987 (4), and an applicant for an occupational thera-
pist 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 fin-
gerprinted on 2 fingerprint cards, each bearing a com-
plete set of the person’s fingerprints.
2. The department of justice may submit the finger-
print 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 phys-
ical therapist license under s. 448.53 or a physical thera-
pist assistant license under s. 448.535, and of all appli-
cants 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 − 5 − 2023 Wisconsin Act 2023 Senate Bill 196
fingerprinted and obtaining records of their criminal
arrests and convictions.
3. Information obtained from the federal bureau of
investigation may be shared with the department or the
appropriate credentialing board, but shall otherwise be
kept confidential and is not subject to disclosure under s.
19.35.
SECTION 32. 440.03 (13) (c) 1. i. of the statutes is cre-
ated to read:
440.03 (13) (c) 1. i. An applicant for a professional
counselor license or privilege to practice under s. 457.12
when required pursuant to the counseling compact under
s. 457.50.
SECTION 33. 440.03 (14) (am) of the statutes is
amended to read:
440.03 (14) (am) The department may promulgate
rules that establish requirements for granting a license to
practice psychotherapy to a person who is registered
under par. (a). Rules promulgated under this paragraph
shall establish requirements for obtaining such a license
that are comparable to the requirements for obtaining a
clinical social worker, marriage and family therapist, or
professional counselor license under subch. I of ch. 457.
If the department promulgates rules under this paragraph,
the department shall grant a license under this paragraph
to a person registered under par. (a) who pays the initial
credential fee determined by the department under s.
440.03 (9) (a) and provides evidence satisfactory to the
department that he or she satisfies the requirements
established in the rules.
SECTION 34. 440.043 (1) of the statutes is amended
to read:
440.043 (1) The secretary shall appoint an advisory
committee under s. 440.042 to provide advice concern-
ing behavioral health. The advisory committee shall
semiannually conduct a review of the requirements for
obtaining a credential under s. 440.88 or subch. I of ch.
457 or for other credentials related to behavioral health.
SECTION 35. 440.094 (1) (c) 14. of the statutes is
amended to read:
440.094 (1) (c) 14. A social worker, marriage and
family therapist, or professional counselor certified or
licensed under subch. I of ch. 457 or a clinical substance
abuse counselor certified under s. 440.88.
SECTION 36. 440.15 of the statutes is amended to
read:
440.15 No fingerprinting. Except as provided
under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5)
(b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3)
(e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5) (b) 2. a., the
department or a credentialing board may not require that
an applicant for a credential or a credential holder be fin-
gerprinted or submit fingerprints in connection with the
department’s or the credentialing board’s credentialing.
SECTION 37. 446.01 (1v) (m) of the statutes is
amended to read:
446.01 (1v) (m) Marriage and family therapy, profes-
sional counseling, and social work examining board
under subch. I of ch. 457. “Health care professional” also
includes an individual who is exercising the professional
counselor privilege to practice, as defined in s. 457.50 (2)
(s), in this state.
SECTION 38. 448.08 (4) of the statutes is amended to
read:
448.08 (4) PROFESSIONAL PARTNERSHIPS AND CORPO-
RATIONS PERMITTED. Notwithstanding any other provi-
sion 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 ser-
vices in the name of such partnership, and it also is lawful
for a service corporation to render a single bill for ser-
vices 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 identi-
fied as having rendered such services.
SECTION 39. 448.67 (4) of the statutes is amended to
read:
448.67 (4) BILLING BY PROFESSIONAL PARTNERSHIPS
AND CORPORATIONS. If 2 or more podiatrists have entered
into a bona fide partnership or formed a service corpora-
tion for the practice of podiatry, the partnership or corpo-
ration 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 chapter, subch. I of ch. 457, or ch. 446, 449,
450, 455, 457 or 459, who provided services is individu-
ally identified on the bill as having rendered those ser-
vices.
SECTION 40. 450.10 (3) (a) 10. of the statutes is
amended to read:
450.10 (3) (a) 10. A social worker, marriage and
family therapist, or professional counselor certified or
licensed under subch. I of ch. 457 or a professional coun-
selor who is exercising the privilege to practice, as
defined in s. 457.50 (2) (s), in this state.
SECTION 41. Chapter 457 (title) of the statutes is
amended to read:
CHAPTER 457
MARRIAGE AND FAMILY THERAPY,
PROFESSIONAL COUNSELING, AND
SOCIAL WORK EXAMINING BOARD
SECTION 42. Subchapter I (title) of chapter 457 [pre-
cedes 457.01] of the statutes is created to read:
CHAPTER 457
SUBCHAPTER I
REGULATION OF MARRIAGE AND
FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK − 6 −2023 Wisconsin Act 2023 Senate Bill 196
SECTION 43. 457.01 (intro.) of the statutes is
amended to read:
457.01 Definitions. (intro.) In this chapter sub-
chapter:
SECTION 44. 457.01 (1g) of the statutes is amended
to read:
457.01 (1g) “Certificate holder” means an individual
who is certified under this chapter subchapter.
SECTION 45. 457.01 (1t) of the statutes is created to
read:
457.01 (1t) “Counseling compact” means the coun-
seling compact under s. 457.50.
SECTION 46. 457.01 (1w) of the statutes is amended
to read:
457.01 (1w) “Credential” means a license or, certifi-
cate, or privilege to practice granted under this chapter
subchapter.
SECTION 47. 457.01 (2r) of the statutes is amended
to read:
457.01 (2r) “Licensee” means a person who is
licensed under this chapter subchapter.
SECTION 48. 457.01 (5m) of the statutes is created to
read:
457.01 (5m) “Privilege to practice” has the meaning
given in s. 457.50 (2) (s).
SECTION 49. 457.01 (7) of the statutes is amended to
read:
457.01 (7) “Professional counselor” means an indi-
vidual who holds a license to practice professional coun-
seling granted by the professional counselor section or
who holds a valid professional counselor privilege to
practice in this state.
SECTION 50. 457.02 (intro.), (1), (2), (3), (4) and (6)
(c) of the statutes are amended to read:
457.02 Applicability. (intro.) This chapter sub-
chapter 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,” “voca-
tional 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 psy-
chiatrist to be licensed under this chapter subchapter in
order to use the title “marriage and family therapist,”
“marriage and family counselor,” or “professional coun-
selor” if the psychologist or psychiatrist does not use the
term “licensed,” “certified,” or “registered” or any simi-
lar term in connection with the title “marriage and family
therapist,” “marriage and family counselor,” or “profes-
sional counselor.”
(4) Authorize any individual who is certified or
licensed under this chapter subchapter to use the title
“school social worker” or “school counselor” unless the
individual is licensed as a school social worker or school
counselor by the department of public instruction.
(6) (c) Provide a consultation or demonstration with
an individual licensed under this chapter subchapter if the
person providing the consultation or demonstration is
licensed to practice marriage and family therapy, profes-
sional counseling, or clinical social work in another state
or territory of the United States.
SECTION 51. 457.03 (1), (1m) and (2) of the statutes
are amended to read:
457.03 (1) Upon the advice of the social worker sec-
tion, marriage and family therapist section, and profes-
sional 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, promul-
gate rules establishing examination requirements for cer-
tification and licensure under this chapter subchapter.
(2) Upon the advice of the social worker section,
marriage and family therapist section, and professional
counselor section, promulgate rules establishing a code
of ethics to govern the professional conduct of certificate
holders and licensees. The rules shall specify the services
included within the practice of social work, advanced
practice social work, or independent social work that an
individual who is certified under this chapter subchapter
as a social worker, advanced practice social worker, or
independent social worker may perform and the degree
of supervision, if any, required to perform those services.
SECTION 52. 457.033 of the statutes is amended to
read:
457.033 Psychometric testing. The marriage and
family therapy, professional counseling, and social work
examining board and the psychology examining board
shall jointly promulgate rules that specify the different − 7 − 2023 Wisconsin Act 2023 Senate Bill 196
levels of psychometric testing that an individual who is
certified or licensed under this chapter subchapter, or an
individual who holds a valid professional counselor priv-
ilege to practice in this state, is qualified to perform. Such
rules shall be consistent with the guidelines of the Ameri-
can Psychological Association, or other nationally recog-
nized guidelines, for performing psychometric testing. A
certificate holder or, licensee, or holder of a professional
counselor privilege to practice may not engage in psy-
chometric testing except as provided under the rules pro-
mulgated under this section.
SECTION 53. 457.035 (1) of the statutes is amended
to read:
457.035 (1) The individual is licensed under this
chapter subchapter as a clinical social worker, marriage
and family therapist, or professional counselor or holds
a valid professional counselor privilege to practice in this
state.
SECTION 54. 457.04 (1), (2), (3), (4) and (5) (a) and
(b) of the statutes are amended to read:
457.04 (1) Use the title “social worker” unless the
person is certified as a social worker under this chapter
subchapter.
(2) Use the title “advanced practice social worker”
unless the person is certified as an advanced practice
social worker under this chapter subchapter.
(3) Use the title “independent social worker” unless
the person is certified as an independent social worker
under this chapter subchapter.
(4) Practice clinical social work or designate himself
or herself as a clinical social worker or use or assume the
title “clinical social worker” or any other title or designa-
tion that represents or may tend to represent the person as
a clinical social worker unless the person is licensed as a
clinical social worker under this chapter subchapter or
unless the person is certified under this chapter sub-
chapter as an advanced practice social worker or inde-
pendent social worker and the person practices clinical
social work under the supervision of a person who is
licensed as a clinical social worker under this chapter
subchapter.
(5) (a) The person is licensed as a marriage and
family therapist under this chapter subchapter.
(b) The person is licensed as a clinical social worker
under this chapter subchapter and initially became certi-
fied as an independent clinical social worker under ch.
457, 1999 stats., on or before May 31, 1995.
SECTION 55. 457.04 (6) of the statutes is amended to
read:
457.04 (6) Practice professional counseling or desig-
nate himself or herself as a professional counselor or use
or assume the title “professional counselor,” “profes-
sional rehabilitation counselor,” “vocational rehabilita-
tion counselor,” “rehabilitation counselor,” or any other
title or designation that represents or may tend to repre-
sent the person as a professional counselor unless the per-
son is licensed as a professional counselor under this
chapter subchapter or holds a valid professional coun-
selor privilege to practice in this state.
SECTION 56. 457.04 (7) of the statutes is amended to
read:
457.04 (7) Practice psychotherapy unless the person
is licensed under this chapter subchapter, holds a valid
professional counselor privilege to practice in this state,
or unless the person is a certificate holder who may prac-
tice psychotherapy under the rules promulgated under ss.
457.03 and 457.035.
SECTION 57. 457.06 (intro.) of the statutes is
amended to read:
457.06 General requirements for certification or
licensure. (intro.) The social worker section, marriage
and family therapist section, or professional counselor
section may not grant any certificate or license under this
chapter subchapter unless the applicant does all of the
following:
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 sub-
chapter for purposes of any law governing social workers
certified under this chapter subchapter.
(4) (b) 1. A human services internship that involves
direct practice with clients and that is supervised by a
social worker certified under this chapter subchapter who
has a bachelor’s or master’s degree in social work.
2. One year of social work employment that involves
direct practice with clients and that is supervised by a
social worker certified under this chapter subchapter who
has a bachelor’s or master’s degree in social work.
SECTION 59. 457.12 (title) of the statutes is amended
to read:
457.12 (title) Professional counselor license; priv-
ilege to practice.
SECTION 60. 457.12 of the statutes is renumbered
457.12 (1m), and 457.12 (1m) (intro.), (a), (b), (c)
(intro.), 1. d. and 2. d. and (d), as renumbered, are
amended to read:
457.12 (1m) LICENSE. (intro.) The professional
counselor section shall, subject to sub. (4m), grant a pro-
fessional counselor license to any individual who does to
whom all of the following apply:
(a) Satisfies The individual satisfies the requirements
in s. 457.06.
(b) Submits The individual submits evidence satis-
factory to the professional counselor section that he or
she has received a master’s or doctorate degree in profes-
sional counseling or its equivalent from a program
approved by the professional counselor section.
(c) (intro.) Submits The individual submits evidence
satisfactory to the professional counselor section that he
or she has done any of the following: − 8 −2023 Wisconsin Act 2023 Senate Bill 196
1. d. An individual, other than an individual specified
in subd. 1., 2., or 3. a., b., or c., who is approved by the
professional counselor section or satisfies requirements
for supervision that are specified in rules promulgated by
the examining board upon the advice of the professional
counselor section.
2. d. An individual, other than an individual specified
in subd. 1., 2., or 3. a., b., or c., who is approved by the
professional counselor section or satisfies requirements
for supervision that are specified in rules promulgated by
the examining board upon the advice of the professional
counselor section.
(d) Passes The individual passes one or more exami-
nations under s. 457.16 approved by the professional
counselor section to determine minimum competence to
practice professional counseling.
SECTION 61. 457.12 (1m) (bm) and (2m) to (4m) of
the statutes are created to read:
457.12 (1m) (bm) The individual does not, subject to
ss. 111.321, 111.322, and 111.335, have a conviction
record.
(2m) LICENSE BASED UPON PRIVILEGE TO PRACTICE.
The professional counselor section shall grant a profes-
sional counselor license to any individual to whom all of
the following apply:
(a) The individual satisfies the requirements in s.
457.06.
(b) The individual holds a home state license in
another state that is a party to the counseling compact, has
changed his or her primary state of residence to this state,
and satisfies all other requirements under s. 457.50 (5).
(bm) The individual does not, subject to ss. 111.321,
111.322, and 111.335, have a conviction record.
(d) The individual passes an examination described
under s. 457.16 (1) (b), if required.
(3m) PRIVILEGE TO PRACTICE. The professional coun-
selor section shall grant a professional counselor privi-
lege to practice to any individual to whom all of the fol-
lowing apply:
(a) The individual holds an unencumbered home
state license in another state that is a party to the counsel-
ing compact and satisfies all other requirements under s.
457.50 (4).
(b) The individual applies for the privilege to practice
in the manner prescribed by the department.
(c) The individual pays any fee established by the
department under s. 457.51 (2).
(d) The individual passes an examination described
under s. 457.16 (1) (b), if required.
(4m) TYPES OF LICENSE. (a) A professional counselor
license granted under sub. (1m) may be either of the fol-
lowing:
1. A license that, subject to s. 457.50 (4), entitles the
holder to obtain and exercise a privilege to practice in
other states that are parties to the counseling compact.
2. A single−state license, which only entitles the
holder to practice in this state. Nothing in the counseling
compact applies to the holder of a single−state license
unless otherwise applicable under this subchapter.
(b) When applying for a license under sub. (1m), an
individual shall specify whether he or she is applying for
a license under par. (a) 1. or 2.
SECTION 62. 457.13 (1) (c) of the statutes is amended
to read:
457.13 (1) (c) Satisfies the requirements in s. 457.12
(2) (1m) (b).
SECTION 63. 457.14 (1) (f) of the statutes is amended
to read:
457.14 (1) (f) Satisfies the requirements under s.
457.12 (1) to (3) (1m) (a) to (c) and has submitted an
application to take the next available examination for
licensure under s. 457.12 (4) (1m) (d).
SECTION 64. 457.15 (3) of the statutes is amended to
read:
457.15 (3) Upon application and payment of the fee
specified in s. 440.05 (2), the professional counselor sec-
tion may grant a professional counselor license to any
individual who holds a similar certificate or license in
another state or territory of the United States and who
passes an examination approved by the professional
counselor section that tests knowledge of state law relat-
ing to professional counseling, if the professional coun-
selor section determines that the requirements for obtain-
ing the certificate or license in the other state or territory
are substantially equivalent to the requirements under s.
457.12 (1m).
SECTION 65. 457.16 (1) of the statutes is renumbered
457.16 (1) (a).
SECTION 66. 457.16 (1) (b) of the statutes is created
to read:
457.16 (1) (b) The professional counselor section
may, in accordance with par. (a), arrange for an examina-
tion that tests an applicant’s knowledge of state law relat-
ing to the practice of professional counseling in accord-
ance with s. 457.51 (3), if such an examination is required
for applicants for licensure under s. 457.12 (1m).
SECTION 67. 457.18 of the statutes is created to read:
457.18 Practice under counseling compact. An
individual who holds a valid privilege to practice in this
state may, subject to s. 457.51 (4), do any of the follow-
ing:
(1) Practice professional counseling in this state, sub-
ject to s. 457.50 (4).
(2) Practice professional counseling in this state via
telehealth, as defined in s. 457.50 (2) (y), subject to s.
457.50 (7).
SECTION 68. 457.20 (1) and (2) of the statutes are
amended to read: − 9 − 2023 Wisconsin Act 2023 Senate Bill 196
457.20 (1) The department shall issue a certificate of
certification or licensure to each individual who is certi-
fied or licensed under this chapter subchapter.
(2) The renewal dates for certificates and licenses
granted under this chapter subchapter, other than training
certificates and licenses or temporary certificates or
licenses, are specified under s. 440.08 (2) (a).
SECTION 69. 457.24 (1) of the statutes is amended to
read:
457.24 (1) Except as provided in sub. (2), a person
licensed as a clinical social worker, marriage and family
therapist, or professional counselor under this chapter
subchapter or who is exercising the professional coun-
selor privilege to practice in this state may not practice
clinical social work, marriage and family therapy, or pro-
fessional counseling unless he or she has in effect profes-
sional liability insurance. The examining board shall
promulgate rules establishing the minimum amount of
insurance required under this subsection.
SECTION 70. 457.26 (1) and (2) (intro.) and (h) of the
statutes are amended to read:
457.26 (1) Subject to the rules promulgated under s.
440.03 (1), the appropriate section of the examining
board may make investigations and conduct hearings to
determine whether a violation of this chapter subchapter
or any rule promulgated under this chapter subchapter
has occurred.
(2) (intro.) Subject to the rules promulgated under s.
440.03 (1), the appropriate section of the examining
board may reprimand a credential holder or deny, limit,
suspend, or revoke a credential under this chapter sub-
chapter if it finds that the applicant or credential holder
has done any of the following:
(h) Violated this chapter subchapter or any rule pro-
mulgated under this chapter subchapter.
SECTION 71. Subchapter II of chapter 457 [precedes
457.50] of the statutes is created to read:
CHAPTER 457
SUBCHAPTER II
COUNSELING COMPACT
457.50 Counseling compact. (1) PURPOSE. The pur-
pose of this compact is to facilitate interstate practice of
licensed professional counselors with the goal of improv-
ing public access to professional counseling services.
The practice of professional counseling occurs in the
state where the client is located at the time of the counsel-
ing services. The compact preserves the regulatory
authority of states to protect public health and safety
through the current system of state licensure. This com-
pact is designed to achieve the following objectives:
(a) Increase public access to professional counseling
services by providing for the mutual recognition of other
member state licenses;
(b) Enhance the states’ ability to protect the public’s
health and safety;
(c) Encourage the cooperation of member states in
regulating multistate practice for licensed professional
counselors;
(d) Support spouses of relocating active duty military
personnel;
(e) Enhance the exchange of licensure, investigative,
and disciplinary information among member states;
(f) Allow for the use of telehealth technology to facil-
itate increased access to professional counseling ser-
vices;
(g) Support the uniformity of professional counsel-
ing licensure requirements throughout the states to pro-
mote public safety and public health benefits;
(h) Invest all member states with the authority to hold
a licensed professional counselor accountable for meet-
ing all state practice laws in the state in which the client
is located at the time care is rendered through the mutual
recognition of member state licenses;
(i) Eliminate the necessity for licenses in multiple
states; and
(j) Provide opportunities for interstate practice by
licensed professional counselors who meet uniform
licensure requirements.
(2) DEFINITIONS. As used in this section, and except
as otherwise provided, the following definitions apply:
(a) “Active duty military” means full−time duty sta-
tus in the active uniformed service of the United States,
including members of the national guard and reserve on
active duty orders pursuant to 10 USC chs. 1209 and
1211.
(b) “Adverse action” means any administrative, civil,
equitable or criminal action permitted by a state’s laws
which is imposed by a licensing board or other authority
against a licensed professional counselor, including
actions against an individual’s license or privilege to
practice such as revocation, suspension, probation, moni-
toring of the licensee, limitation on the licensee’s prac-
tice, or any other encumbrance on licensure affecting a
licensed professional counselor’s authorization to prac-
tice, including issuance of a cease and desist action.
(c) “Alternative program” means a nondisciplinary
monitoring or practice remediation process approved by
a professional counseling licensing board to address
impaired practitioners.
(d) “Continuing competence/education” means a
requirement, as a condition of license renewal, to provide
evidence of participation in, and/or completion of, edu-
cational and professional activities relevant to practice or
area of work.
(e) “Counseling compact commission” or “commis-
sion” means the national administrative body whose
membership consists of all states that have enacted the
compact.
(f) “Current significant investigative information”
means any of the following: − 10 −2023 Wisconsin Act 2023 Senate Bill 196
1. Investigative information that a licensing board,
after a preliminary inquiry that includes notification and
an opportunity for the licensed professional counselor to
respond, if required by state law, has reason to believe is
not groundless and, if proved true, would indicate more
than a minor infraction; or
2. Investigative information that indicates that the
licensed professional counselor represents an immediate
threat to public health and safety regardless of whether
the licensed professional counselor has been notified and
had an opportunity to respond.
(g) “Data system” means a repository of information
about licensees, including, but not limited to, continuing
education, examination, licensure, investigative, privi-
lege to practice and adverse action information.
(h) “Encumbered license” means a license in which
an adverse action restricts the practice of licensed profes-
sional counseling by the licensee and said adverse action
has been reported to the national practitioners data bank
(NPDB).
(i) “Encumbrance” means a revocation or suspension
of, or any limitation on, the full and unrestricted practice
of licensed professional counseling by a licensing board.
(j) “Executive committee” means a group of direc-
tors elected or appointed to act on behalf of, and within
the powers granted to them by, the commission.
(k) “Home state” means the member state that is the
licensee’s primary state of residence.
(L) “Impaired practitioner” means an individual who
has a condition(s) that may impair their ability to practice
as a licensed professional counselor without some type of
intervention and may include, but is not limited to, alco-
hol and drug dependence, mental health impairment, and
neurological or physical impairments.
(m) “Investigative information” means information,
records, and documents received or generated by a pro-
fessional counseling licensing board pursuant to an
investigation.
(n) “Jurisprudence requirement” if required by a
member state, means the assessment of an individual’s
knowledge of the laws and rules governing the practice
of professional counseling in a state.
(o) “Licensed professional counselor” means a coun-
selor licensed by a member state, regardless of the title
used by that state, to independently assess, diagnose, and
treat behavioral health conditions.
(p) “Licensee” means an individual who currently
holds an authorization from the state to practice as a
licensed professional counselor.
(q) “Licensing board” means the agency of a state, or
equivalent, that is responsible for the licensing and regu-
lation of licensed professional counselors.
(r) “Member state” means a state that has enacted the
compact.
(s) “Privilege to practice” means a legal authoriza-
tion, which is equivalent to a license, permitting the prac-
tice of professional counseling in a remote state.
(t) “Professional counseling” means the assessment,
diagnosis, and treatment of behavioral health conditions
by a licensed professional counselor.
(u) “Remote state” means a member state other than
the home state, where a licensee is exercising or seeking
to exercise the privilege to practice.
(v) “Rule” means a regulation promulgated by the
commission that has the force of law.
(w) “Single state license” means a licensed profes-
sional counselor license issued by a member state that
authorizes practice only within the issuing state and does
not include a privilege to practice in any other member
state.
(x) “State” means any state, commonwealth, district,
or territory of the United States of America that regulates
the practice of professional counseling.
(y) “Telehealth” means the application of telecom-
munication technology to deliver professional counsel-
ing services remotely to assess, diagnose, and treat
behavioral health conditions.
(z) “Unencumbered license” means a license that
authorizes a licensed professional counselor to engage in
the full and unrestricted practice of professional counsel-
ing.
(3) STATE PARTICIPATION IN THE COMPACT. (a) To par-
ticipate in the compact, a state must currently:
1. License and regulate licensed professional coun-
selors.
2. Require licensees to pass a nationally recognized
exam approved by the commission.
3. Require licensees to have a 60 semester−hour (or
90 quarter−hour) master’s degree in counseling or 60
semester−hours (or 90 quarter−hours) of graduate course
work including the following topic areas:
a. Professional counseling orientation and ethical
practice;
b. Social and cultural diversity;
c. Human growth and development;
d. Career development;
e. Counseling and helping relationships;
f. Group counseling and group work;
g. Diagnosis and treatment; assessment and testing;
h. Research and program evaluation; and
i. Other areas as determined by the commission.
4. Require licensees to complete a supervised post-
graduate professional experience as defined by the com-
mission.
5. Have a mechanism in place for receiving and
investigating complaints about licensees.
(b) A member state shall: − 11 − 2023 Wisconsin Act 2023 Senate Bill 196
1. Participate fully in the commission’s data system,
including using the commission’s unique identifier as
defined in rules;
2. Notify the commission, in compliance with the
terms of the compact and rules, of any adverse action or
the availability of investigative information regarding a
licensee;
3. Implement or utilize procedures for considering
the criminal history records of applicants for an initial
privilege to practice. These procedures shall include the
submission of fingerprints or other biometric−based
information by applicants for the purpose of obtaining an
applicant’s criminal history record information from the
federal bureau of investigation and the agency responsi-
ble for retaining that state’s criminal records;
a. A member state must fully implement a criminal
background check requirement, within a time frame
established by rule, by receiving the results of the federal
bureau of investigation record search and shall use the
results in making licensure decisions.
b. Communication between a member state, the com-
mission and among member states regarding the verifica-
tion of eligibility for licensure through the compact shall
not include any information received from the federal
bureau of investigation relating to a federal criminal
records check performed by a member state under P. L.
92−544.
4. Comply with the rules of the commission;
5. Require an applicant to obtain or retain a license
in the home state and meet the home state’s qualifications
for licensure or renewal of licensure, as well as all other
applicable state laws;
6. Grant the privilege to practice to a licensee holding
a valid unencumbered license in another member state in
accordance with the terms of the compact and rules; and
7. Provide for the attendance of the state’s commis-
sioner to the counseling compact commission meetings.
(c) Member states may charge a fee for granting the
privilege to practice.
(d) Individuals not residing in a member state shall
continue to be able to apply for a member state’s single
state license as provided under the laws of each member
state. However, the single state license granted to these
individuals shall not be recognized as granting a privilege
to practice professional counseling in any other member
state.
(e) Nothing in this compact shall affect the require-
ments established by a member state for the issuance of
a single state license.
(f) A license issued to a licensed professional coun-
selor by a home state to a resident in that state shall be rec-
ognized by each member state as authorizing a licensed
professional counselor to practice professional counsel-
ing, under a privilege to practice, in each member state.
(4) PRIVILEGE TO PRACTICE. (a) To exercise the privi-
lege to practice under the terms and provisions of the
compact, the licensee shall:
1. Hold a license in the home state;
2. Have a valid United States social security number
or national practitioner identifier;
3. Be eligible for a privilege to practice in any mem-
ber state in accordance with pars. (d), (g), and (h);
4. Have not had any encumbrance or restriction
against any license or privilege to practice within the pre-
vious 2 years;
5. Notify the commission that the licensee is seeking
the privilege to practice within a remote state(s);
6. Pay any applicable fees, including any state fee, for
the privilege to practice;
7. Meet any continuing competence/education
requirements established by the home state;
8. Meet any jurisprudence requirements established
by the remote state(s) in which the licensee is seeking a
privilege to practice; and
9. Report to the commission any adverse action,
encumbrance, or restriction on license taken by any non−
member state within 30 days from the date the action is
taken.
(b) The privilege to practice is valid until the expira-
tion date of the home state license. The licensee must
comply with the requirements of par. (a) to maintain the
privilege to practice in the remote state.
(c) A licensee providing professional counseling in
a remote state under the privilege to practice shall adhere
to the laws and regulations of the remote state.
(d) A licensee providing professional counseling ser-
vices in a remote state is subject to that state’s regulatory
authority. A remote state may, in accordance with due
process and that state’s laws, remove a licensee’s privi-
lege to practice in the remote state for a specific period of
time, impose fines, and/or take any other necessary
actions to protect the health and safety of its citizens. The
licensee may be ineligible for a privilege to practice in
any member state until the specific time for removal has
passed and all fines are paid.
(e) If a home state license is encumbered, the licensee
shall lose the privilege to practice in any remote state
until the following occur:
1. The home state license is no longer encumbered;
and
2. Have not had any encumbrance or restriction
against any license or privilege to practice within the pre-
vious 2 years.
(f) Once an encumbered license in the home state is
restored to good standing, the licensee must meet the
requirements of par. (a) to obtain a privilege to practice
in any remote state. − 12 −2023 Wisconsin Act 2023 Senate Bill 196
(g) If a licensee’s privilege to practice in any remote
state is removed, the individual may lose the privilege to
practice in all other remote states until the following
occur:
1. The specific period of time for which the privilege
to practice was removed has ended;
2. All fines have been paid; and
3. Have not had any encumbrance or restriction
against any license or privilege to practice within the pre-
vious 2 years.
(h) Once the requirements of par. (g) have been met,
the licensee must meet the requirements in par. (a) to
obtain a privilege to practice in a remote state.
(5) OBTAINING A NEW HOME STATE LICENSE BASED ON
A PRIVILEGE TO PRACTICE. (a) A licensed professional
counselor may hold a home state license, which allows
for a privilege to practice in other member states, in only
one member state at a time.
(b) If a licensed professional counselor changes pri-
mary state of residence by moving between two member
states:
1. The licensed professional counselor shall file an
application for obtaining a new home state license based
on a privilege to practice, pay all applicable fees, and
notify the current and new home state in accordance with
applicable rules adopted by the commission.
2. Upon receipt of an application for obtaining a new
home state license by virtue of a privilege to practice, the
new home state shall verify that the licensed professional
counselor meets the pertinent criteria outlined in sub. (4)
via the data system, without need for primary source veri-
fication except for:
a. A federal bureau of investigation fingerprint based
criminal background check if not previously performed
or updated pursuant to applicable rules adopted by the
commission in accordance with P. L. 92−544;
b. Other criminal background check as required by
the new home state; and
c. Completion of any requisite jurisprudence require-
ments of the new home state.
3. The former home state shall convert the former
home state license into a privilege to practice once the
new home state has activated the new home state license
in accordance with applicable rules adopted by the com-
mission.
4. Notwithstanding any other provision of this com-
pact, if the licensed professional counselor cannot meet
the criteria in sub. (4), the new home state may apply its
requirements for issuing a new single state license.
5. The licensed professional counselor shall pay all
applicable fees to the new home state in order to be issued
a new home state license.
(c) If a licensed professional counselor changes pri-
mary state of residence by moving from a member state
to a non−member state, or from a non−member state to a
member state, the state criteria shall apply for issuance of
a single state license in the new state.
(d) Nothing in this compact shall interfere with a
licensee’s ability to hold a single state license in multiple
states, however for the purposes of this compact, a
licensee shall have only one home state license.
(e) Nothing in this compact shall affect the require-
ments established by a member state for the issuance of
a single state license.
(6) ACTIVE DUTY MILITARY PERSONNEL OR THEIR
SPOUSES. Active duty military personnel, or their spouse,
shall designate a home state where the individual has a
current license in good standing. The individual may
retain the home state designation during the period the
service member is on active duty. Subsequent to desig-
nating a home state, the individual shall only change their
home state through application for licensure in the new
state, or through the process outlined in sub. (5).
(7) COMPACT PRIVILEGE TO PRACTICE TELEHEALTH. (a)
Member states shall recognize the right of a licensed pro-
fessional counselor, licensed by a home state in accord-
ance with sub. (3) and under rules promulgated by the
commission, to practice professional counseling in any
member state via telehealth under a privilege to practice
as provided in the compact and rules promulgated by the
commission.
(b) A licensee providing professional counseling ser-
vices in a remote state under the privilege to practice shall
adhere to the laws and regulations of the remote state.
(8) ADVERSE ACTIONS. (a) In addition to the other
powers conferred by state law, a remote state shall have
the authority, in accordance with existing state due
process law, to:
1. Take adverse action against a licensed professional
counselor’s privilege to practice within that member
state; and
2. Issue subpoenas for both hearings and investiga-
tions that require the attendance and testimony of wit-
nesses as well as the production of evidence. Subpoenas
issued by a licensing board in a member state for the
attendance and testimony of witnesses or the production
of evidence from another member state shall be enforced
in the latter state by any court of competent jurisdiction,
according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending
before it. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by
the service statutes of the state in which the witnesses or
evidence are located.
3. Only the home state shall have the power to take
adverse action against a licensed professional coun-
selor’s license issued by the home state.
(b) For purposes of taking adverse action, the home
state shall give the same priority and effect to reported
conduct received from a member state as it would if the − 13 − 2023 Wisconsin Act 2023 Senate Bill 196
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 inves-
tigations of a licensed professional counselor who
changes primary state of residence during the course of
the investigations. The home state shall also have the
authority to take appropriate action(s) and shall promptly
report the conclusions of the investigations to the admin-
istrator of the data system. The administrator of the coor-
dinated licensure information system shall promptly
notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state
law, may recover from the affected licensed professional
counselor the costs of investigations and dispositions of
cases resulting from any adverse action taken against that
licensed professional counselor.
(e) A member state may take adverse action based on
the factual findings of the remote state, provided that the
member state follows its own procedures for taking the
adverse action.
(f) Joint investigations:
1. In addition to the authority granted to a member
state by its respective professional counseling practice
act or other applicable state law, any member state may
participate with other member states in joint investiga-
tions of licensees.
2. Member states shall share any investigative, litiga-
tion, or compliance materials in furtherance of any joint
or individual investigation initiated under the compact.
(g) If adverse action is taken by the home state
against the license of a licensed professional counselor,
the licensed professional counselor’s privilege to prac-
tice in all other member states shall be deactivated until
all encumbrances have been removed from the state
license. All home state disciplinary orders that impose
adverse action against the license of a licensed profes-
sional counselor shall include a statement that the
licensed professional counselor’s privilege to practice is
deactivated in all member states during the pendency of
the order.
(h) If a member state takes adverse action, it shall
promptly notify the administrator of the data system. The
administrator of the data system shall promptly notify the
home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member
state’s decision that participation in an alternative pro-
gram may be used in lieu of adverse action.
(9) ESTABLISHMENT OF COUNSELING COMPACT COM-
MISSION. (a) The compact member states hereby create
and establish a joint public agency known as the counsel-
ing compact commission:
1. The commission is an instrumentality of the com-
pact states.
2. Venue is proper and judicial proceedings by or
against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The com-
mission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alterna-
tive dispute resolution proceedings.
3. Nothing in this compact shall be construed to be
a waiver of sovereign immunity.
(b) Membership, voting, and meetings. 1. Each
member state shall have and be limited to one delegate
selected by that member state’s licensing board.
2. The delegate shall be either:
a. A current member of the licensing board at the time
of appointment, who is a licensed professional counselor
or public member; or
b. An administrator of the licensing board.
3. Any delegate may be removed or suspended from
office as provided by the law of the state from which the
delegate is appointed.
4. The member state licensing board shall fill any
vacancy occurring on the commission within 60 days.
5. Each delegate shall be entitled to one vote with
regard to the promulgation of rules and creation of
bylaws and shall otherwise have an opportunity to partic-
ipate in the business and affairs of the commission.
6. A delegate shall vote in person or by such other
means as provided in the bylaws. The bylaws may pro-
vide for delegates’ participation in meetings by tele-
phone or other means of communication.
7. The commission shall meet at least once during
each calendar year. Additional meetings shall be held as
set forth in the bylaws.
8. The commission shall by rule establish a term of
office for delegates and may by rule establish term limits.
(c) The commission shall have the following powers
and duties:
1. Establish the fiscal year of the commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with
the bylaws;
4. Meet and take such actions as are consistent with
the provisions of this compact and the bylaws;
5. Promulgate rules which shall be binding to the
extent and in the manner provided for in the compact;
6. Bring and prosecute legal proceedings or actions
in the name of the commission, provided that the standing
of any state licensing board to sue or be sued under appli-
cable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of person-
nel, including, but not limited to, employees of a member
state;
9. Hire employees, elect or appoint officers, fix com-
pensation, define duties, grant such individuals appropri-
ate authority to carry out the purposes of the compact, and
establish the commission’s personnel policies and pro- − 14 −2023 Wisconsin Act 2023 Senate Bill 196
grams relating to conflicts of interest, qualifications of
personnel, and other related personnel matters;
10. Accept any and all appropriate donations and
grants of money, equipment, supplies, materials, and ser-
vices, and to receive, utilize, and dispose of the same;
provided that at all times the commission shall avoid any
appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or dona-
tions of, or otherwise to own, hold, improve or use, any
property, real, personal or mixed; provided that at all
times the commission shall avoid any appearance of
impropriety;
12. Sell convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, per-
sonal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing commit-
tees composed of members, state regulators, state legisla-
tors or their representatives, and consumer representa-
tives, and such other interested persons as may be
designated in this compact and the bylaws;
16. Provide and receive information from, and coop-
erate with, law enforcement agencies;
17. Establish and elect an executive committee; and
18. Perform such other functions as may be necessary
or appropriate to achieve the purposes of this compact
consistent with the state regulation of professional coun-
seling licensure and practice.
(d) The executive committee. 1. The executive com-
mittee shall have the power to act on behalf of the com-
mission according to the terms of this compact.
2. The executive committee shall be composed of up
to 11 members:
a. Seven voting members who are elected by the
commission from the current membership of the com-
mission; and
b. Up to 4 ex officio, nonvoting members from 4 rec-
ognized national professional counselor organizations.
c. The ex officio members will be selected by their
respective organizations.
3. The commission may remove any member of the
executive committee as provided in bylaws.
4. The executive committee shall meet at least annu-
ally.
5. The executive committee shall have the following
duties and responsibilities:
a. Recommend to the entire commission changes to
the rules or bylaws, changes to this compact legislation,
fees paid by compact member states such as annual dues,
and any commission compact fee charged to licensees for
the privilege to practice;
b. Ensure compact administration services are appro-
priately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the com-
mission;
e. Monitor compact compliance of member states
and provide compliance reports to the commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
(e) Meetings of the commission. 1. All meetings
shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the
rule−making provisions in sub. (11).
2. The commission or the executive committee or
other committees of the commission may convene in a
closed, nonpublic meeting if the commission or execu-
tive committee or other committees of the commission
must discuss:
a. Noncompliance of a member state with its obliga-
tions under the compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to specific
employees or other matters related to the commission’s
internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated liti-
gation;
d. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censur-
ing any person;
f. Disclosure of trade secrets or commercial or finan-
cial information that is privileged or confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigative records compiled for
law enforcement purposes;
i. Disclosure of information related to any investiga-
tive reports prepared by or on behalf of or for use of the
commission or other committee charged with responsi-
bility of investigation or determination of compliance
issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by
federal or member state statute.
3. If a meeting, or portion of a meeting, is closed pur-
suant to this provision, the commission’s legal counsel or
designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision.
4. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description
of the views expressed. All documents considered in
connection with an action shall be identified in such min-
utes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority
vote of the commission or order of a court of competent
jurisdiction. − 15 − 2023 Wisconsin Act 2023 Senate Bill 196
(f) Financing of the commission. 1. The commission
shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing
activities.
2. The commission may accept any and all appropri-
ate revenue sources, donations, and grants of money,
equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual
assessment from each member state or impose fees on
other parties to cover the cost of the operations and activi-
ties 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
shall be allocated based upon a formula to be determined
by the commission, which shall promulgate a rule bind-
ing upon all member states.
4. The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the
same; nor shall the commission pledge the credit of any
of the member states, except by and with the authority of
the member state.
5. The commission shall keep accurate accounts of
all receipts and disbursements. The receipts and dis-
bursements of the commission shall be subject to the
audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of
funds handled by the commission shall be audited yearly
by a certified or licensed public accountant, and the
report of the audit shall be included in and become part
of the annual report of the commission.
(g) Qualified immunity, defense, and indemnifica-
tion. 1. The members, officers, executive director,
employees and representatives of the commission shall
be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error
or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for
believing occurred within the scope of commission
employment, duties or responsibilities; provided that
nothing in this subdivision shall be construed to protect
any such person from suit and/or liability for any damage,
loss, injury, or liability caused by the intentional or will-
ful or wanton misconduct of that person.
2. The commission shall defend any member, officer,
executive director, employee or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employ-
ment, duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for
believing occurred within the scope of commission
employment, duties, or responsibilities; provided that
nothing herein shall be construed to prohibit that person
from retaining his or her own counsel; and provided fur-
ther, that the actual or alleged act, error, or omission did
not result from that person’s intentional or willful or wan-
ton misconduct.
3. The commission shall indemnify and hold harm-
less any member, officer, executive director, employee,
or representative of the commission for the amount of
any settlement or judgment obtained against that person
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employ-
ment, duties, or responsibilities, or that such person had
a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibil-
ities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or
wanton misconduct of that person.
(10) DATA SYSTEM. (a) The commission shall provide
for the development, maintenance, operation, and uti-
lization of a coordinated database and reporting system
containing licensure, adverse action, and investigative
information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law
to the contrary, a member state shall submit a uniform
data set to the data system on all individuals to whom this
compact is applicable as required by the rules of the com-
mission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or privilege to
practice;
4. Nonconfidential information related to alternative
program participation;
5. Any denial of application for licensure, and the
reason(s) for such denial;
6. Current significant investigative information; and
7. Other information that may facilitate the adminis-
tration of this compact, as determined by the rules of the
commission.
(c) Investigative information pertaining to a licensee
in any member state will only be available to other mem-
ber states.
(d) The commission shall promptly notify all mem-
ber states of any adverse action taken against a licensee
or an individual applying for a license. Adverse action
information pertaining to a licensee in any member state
will be available to any other member state.
(e) Member states contributing information to the
data system may designate information that may not be
shared with the public without the express permission of
the contributing state.
(f) Any information submitted to the data system that
is subsequently required to be expunged by the laws of
the member state contributing the information shall be
removed from the data system.
(11) RULE MAKING. (a) The commission shall pro-
mulgate reasonable rules in order to effectively and effi- − 16 −2023 Wisconsin Act 2023 Senate Bill 196
ciently achieve the purpose of the compact. Notwith-
standing the foregoing, in the event the commission
exercises its rule−making authority in a manner that is
beyond the scope of the purposes of the compact, or the
powers granted hereunder, then such an action by the
commission shall be invalid and have no force or effect.
(b) The commission shall exercise its rule−making
powers pursuant to the criteria set forth in this subsection
and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule
or amendment.
(c) If a majority of the legislatures of the member
states rejects a rule, by enactment of a statute or resolu-
tion in the same manner used to adopt the compact within
4 years of the date of adoption of the rule, then such rule
shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted
at a regular or special meeting of the commission.
(e) Prior to promulgation and adoption of a final rule
or rules by the commission, and at least 30 days in
advance of the meeting at which the rule will be consid-
ered and voted upon, the commission shall file a notice
of proposed rule making:
1. On the website of the commission or other publicly
accessible platform; and
2. On the website of each member state professional
counseling licensing board or other publicly accessible
platform or the publication in which each state would
otherwise publish proposed rules.
(f) The notice of proposed rule making shall include:
1. The proposed time, date, and location of the meet-
ing in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment and the
reason for the proposed rule;
3. A request for comments on the proposed rule from
any interested person; and
4. The manner in which interested persons may sub-
mit notice to the commission of their intention to attend
the public hearing and any written comments.
(g) Prior to adoption of a proposed rule, the commis-
sion shall allow persons to submit written data, facts,
opinions, and arguments, which shall be made available
to the public.
(h) The commission shall grant an opportunity for a
public hearing before it adopts a rule or amendment if a
hearing is requested by:
1. At least 25 persons;
2. A state or federal governmental subdivision or
agency; or
3. An association having at least 25 members.
(i) If a hearing is held on the proposed rule or amend-
ment, the commission shall publish the place, time, and
date of the scheduled public hearing. If the hearing is held
via electronic means, the commission shall publish the
mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall
notify the executive director of the commission or other
designated member in writing of their desire to appear
and testify at the hearing not less than 5 business days
before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the
recording will be made available on request.
4. Nothing in this subsection shall be construed as
requiring a separate hearing on each rule. Rules may be
grouped for the convenience of the commission at hear-
ings required by this subsection.
(j) Following the scheduled hearing date, or by the
close of business on the scheduled hearing date if the
hearing was not held, the commission shall consider all
written and oral comments received.
(k) If no written notice of intent to attend the public
hearing by interested parties is received, the commission
may proceed with promulgation of the proposed rule
without a public hearing.
(L) The commission shall, by majority vote of all
members, take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on
the rule−making record and the full text of the rule.
(m) Upon determination that an emergency exists,
the commission may consider and adopt an emergency
rule without prior notice, opportunity for comment, or
hearing, provided that the usual rule−making procedures
provided in the compact and in this subsection shall be
retroactively applied to the rule as soon as reasonably
possible, in no event later than 90 days after the effective
date of the rule. For the purposes of this provision, an
emergency rule is one that must be adopted immediately
in order to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of commission or member state
funds;
3. Meet a deadline for the promulgation of an admin-
istrative rule that is established by federal law or rule; or
4. Protect public health and safety.
(n) The commission or an authorized committee of
the commission may direct revisions to a previously
adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consis-
tency, or grammatical errors. Public notice of any revi-
sions shall be posted on the website of the commission.
The revision shall be subject to challenge by any person
for a period of 30 days after posting. The revision may
be challenged only on grounds that the revision results in
a material change to a rule. A challenge shall be made in
writing and delivered to the chair of the commission prior
to the end of the notice period. If no challenge is made, − 17 − 2023 Wisconsin Act 2023 Senate Bill 196
the revision will take effect without further action. If the
revision is challenged, the revision may not take effect
without the approval of the commission.
(12) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCE-
MENT. (a) Oversight. 1. The executive, legislative, and
judicial branches of state government in each member
state shall enforce this compact and take all actions nec-
essary and appropriate to effectuate the compact’s pur-
poses and intent. The provisions of this compact and the
rules promulgated hereunder shall have standing as statu-
tory law.
2. All courts shall take judicial notice of the compact
and the rules in any judicial or administrative proceeding
in a member state pertaining to the subject matter of this
compact which may affect the powers, responsibilities,
or actions of the commission.
3. The commission shall be entitled to receive service
of process in any such proceeding and shall have standing
to intervene in such a proceeding for all purposes. Failure
to provide service of process to the commission shall ren-
der 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 respon-
sibilities under this compact or the promulgated rules, the
commission shall:
a. Provide written notice to the defaulting state and
other member states of the nature of the default, the pro-
posed means of curing the default and/or any other action
to be taken by the commission; and
b. Provide remedial training and specific technical
assistance regarding the default.
(c) If a state in default fails to cure the default, the
defaulting state may be terminated from the compact
upon an affirmative vote of a majority of the member
states, and all rights, privileges, and benefits conferred by
this compact may be terminated on the effective date of
termination. A cure of the default does not relieve the
offending state of obligations or liabilities incurred dur-
ing the period of default.
(d) Termination of membership in the compact shall
be imposed only after all other means of securing compli-
ance have been exhausted. Notice of intent to suspend or
terminate shall be given by the commission to the gover-
nor, the majority and minority leaders of the defaulting
state’s legislature, and each of the member states.
(e) A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred
through the effective date of termination, including obli-
gations that extend beyond the effective date of termina-
tion.
(f) The commission shall not bear any costs related
to a state that is found to be in default or that has been ter-
minated from the compact, unless agreed upon in writing
between the commission and the defaulting state.
(g) The defaulting state may appeal the action of the
commission by petitioning the U.S. district court for the
District of Columbia or the federal district where the
commission has its principal offices. The prevailing
member shall be awarded all costs of such litigation,
including reasonable attorney’s fees.
(h) Dispute resolution. 1. Upon request by a member
state, the commission shall attempt to resolve disputes
related to the compact that arise among member states
and between member and non−member states.
2. The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for dis-
putes as appropriate.
(i) Enforcement. 1. The commission, in the reason-
able exercise of its discretion, shall enforce the provi-
sions and rules of this compact.
2. By majority vote, the commission may initiate
legal action in the U.S. district court for the District of
Columbia or the federal district where the commission
has its principal offices against a member state in default
to enforce compliance with the provisions of the compact
and its promulgated rules and bylaws. The relief sought
may include both injunctive relief and damages. In the
event judicial enforcement is necessary, the prevailing
member shall be awarded all costs of such litigation,
including reasonable attorney’s fees.
3. The remedies herein shall not be the exclusive
remedies of the commission. The commission may pur-
sue any other remedies available under federal or state
law.
(13) DATE OF IMPLEMENTATION OF THE COUNSELING
COMPACT COMMISSION AND ASSOCIATED RULES, WITH-
DRAWAL, AND AMENDMENT. (a) The compact shall come
into effect on the date on which the compact statute is
enacted into law in the 10th member state. The provi-
sions, which become effective at that time, shall be lim-
ited to the powers granted to the commission relating to
assembly and the promulgation of rules. Thereafter, the
commission shall meet and exercise rule−making powers
necessary to the implementation and administration of
the compact.
(b) Any state that joins the compact subsequent to the
commission’s initial adoption of the rules shall be subject
to the rules as they exist on the date on which the compact
becomes law in that state. Any rule that has been previ-
ously adopted by the commission shall have the full force
and effect of law on the day the compact becomes law in
that state.
(c) Any member state may withdraw from this com-
pact by enacting a statute repealing the same.
1. A member state’s withdrawal shall not take effect
until 6 months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing require-
ment of the withdrawing state’s professional counseling
licensing board to comply with the investigative and − 18 −2023 Wisconsin Act 2023 Senate Bill 196
adverse action reporting requirements of this act prior to
the effective date of withdrawal.
(d) Nothing contained in this compact shall be con-
strued to invalidate or prevent any professional counsel-
ing licensure agreement or other cooperative arrange-
ment between a member state and a non−member state
that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member
states. No amendment to this compact shall become
effective and binding upon any member state until it is
enacted into the laws of all member states.
(14) CONSTRUCTION AND SEVERABILITY. This com-
pact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision
of this compact is declared to be contrary to the constitu-
tion of any member state or of the United States or the
applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remain-
der of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary
to the constitution of any member state, the compact shall
remain in full force and effect as to the remaining mem-
ber states and in full force and effect as to the member
state affected as to all severable matters.
(15) BINDING EFFECT OF COMPACT AND OTHER LAWS.
(a) A licensee providing professional counseling ser-
vices in a remote state under the privilege to practice shall
adhere to the laws and regulations, including scope of
practice, of the remote state.
(b) Nothing herein prevents the enforcement of any
other law of a member state that is not inconsistent with
the compact.
(c) Any laws in a member state in conflict with the
compact are superseded to the extent of the conflict.
(d) Any lawful actions of the commission, including
all rules and bylaws properly promulgated by the com-
mission, are binding upon the member states.
(e) All permissible agreements between the commis-
sion and the member states are binding in accordance
with their terms.
(f) In the event any provision of the compact exceeds
the constitutional limits imposed on the legislature of any
member state, the provision shall be ineffective to the
extent of the conflict with the constitutional provision in
question in that member state.
457.51 Implementation of the counseling com-
pact. (1) In this section:
(a) “Examining board” means the marriage and
family therapy, professional counseling, and social work
examining board.
(b) “Privilege to practice” has the meaning given in
s. 457.50 (2) (s).
(c) “Professional counselor section” means the pro-
fessional counselor section of the examining board.
(2) The department may impose a fee for an individ-
ual to receive a privilege to practice as provided in s.
457.50 (3) (c).
(3) The professional counselor section may, by rule,
require an individual applying for a license under s.
457.12 (2m) or an individual seeking a privilege to prac-
tice under s. 457.12 (3m) to meet a jurisprudence require-
ment in accordance with s. 457.50 (4) (a) 8., if such a
requirement is imposed by the professional counselor
section under s. 457.16 in order to obtain a license under
s. 457.12 (1m).
(4) (a) An individual who is exercising the privilege
to practice in this state shall comply with s. 440.03 (13)
(am).
(b) Subject to s. 457.50 and any rules promulgated
thereunder, ss. 440.20 to 440.22 and the rules promul-
gated under s. 440.03 (1) shall apply to an individual who
is exercising the privilege to practice in this state in the
same manner that they apply to holders of licenses issued
under subch. I.
SECTION 72. 632.89 (1) (dm) of the statutes is
amended to read:
632.89 (1) (dm) “Licensed mental health profes-
sional” means a clinical social worker who is licensed
under subch. I of ch. 457, a marriage and family therapist
who is licensed under s. 457.10, or a professional coun-
selor who is licensed under s. 457.12 or who is exercising
the professional counselor privilege to practice, as
defined in s. 457.50 (2) (s), in this state.
SECTION 73. 632.89 (1) (e) 4. of the statutes is
amended to read:
632.89 (1) (e) 4. A licensed mental health profes-
sional practicing within the scope of his or her license
credential under subch. I of ch. 457 and applicable rules.
SECTION 74. 800.035 (2m) of the statutes is amended
to read:
800.035 (2m) A municipal court shall appoint a
guardian ad litem or social worker certified or licensed
under subch. I of ch. 457 for any defendant that the court
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 govern-
ing body may by ordinance or bylaw authorize the
appointment of a guardian ad litem by the municipal
judge in any other matter within the jurisdiction of the
municipal court.
SECTION 75. 905.04 (1) (bm) of the statutes is
amended to read: − 19 − 2023 Wisconsin Act 2023 Senate Bill 196
905.04 (1) (bm) “Marriage and family therapist”
means an individual who is licensed as a marriage and
family therapist under subch. I of ch. 457 or an individual
reasonably believed by the patient to be a marriage and
family therapist.
SECTION 76. 905.04 (1) (dm) of the statutes is
amended to read:
905.04 (1) (dm) “Professional counselor” means an
individual who is licensed as a professional counselor
under subch. I of ch. 457, an individual who is exercising
the privilege to practice, as defined in s. 457.50 (2) (s), in
this state, or an individual reasonably believed by the
patient to be a professional counselor.
SECTION 77. 905.04 (1) (g) of the statutes is amended
to read:
905.04 (1) (g) “Social worker” means an individual
who is certified or licensed as a social worker, advanced
practice social worker, independent social worker, or
clinical social worker under subch. I of ch. 457 or an indi-
vidual reasonably believed by the patient to be a social
worker, advanced practice social worker, independent
social worker, or clinical social worker.
SECTION 77m.0Effective dates. This act takes effect
on the day after publication, except as follows:
(1) If either 2023 Senate Bill 391 or 2023 Assembly
Bill 382 is enacted into law, then the treatment of ss.
46.90 (4) (ab) 4., 48.56 (2), 48.561 (2), 55.043 (1m) (a)
4., 146.81 (1) (hg), 146.89 (1) (r) 6. and 7., 146.997 (1)
(d) 11., 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f),
303.08 (1) (f), 450.10 (3) (a) 10., 457.035 (1), 457.24 (1),
632.89 (1) (dm), and 905.04 (1) (g) by this act is void.