Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB391 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 391
5	5	August 25, 2023 - Introduced by Senators STAFSHOLT, PFAFF, BALLWEG,
6	6	CABRAL-GUEVARA, CARPENTER, JAMES, L. JOHNSON, LARSON, ROYS, SPREITZER,
7	7	COWLES and HUTTON, cosponsored by Representatives TITTL, SHELTON, C.
8	8	ANDERSON, ANDRACA, BALDEH, CONSIDINE, DITTRICH, DOYLE, GOEBEN,
9	9	GUSTAFSON, JACOBSON, JOERS, KITCHENS, MAGNAFICI, MOORE OMOKUNDE,
10	10	MURSAU, OHNSTAD, ORTIZ-VELEZ, PALMERI, SINICKI, SNYDER, STUBBS, SUBECK
11	11	and VINING. Referred to Committee on Health.
12	12	AN ACT to renumber 457.25 (1); to renumber and amend 440.03 (13) (c); to
13	13	amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4.,
14	14	15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2),
15	15	48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg),
16	16	146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14
17	17	(1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1)
18	18	(b), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094
19	19	(1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10.,
20	20	chapter 457 (title), 457.01 (intro.), 457.01 (1c), 457.01 (1g), 457.01 (1r), 457.01
21	21	(1w), 457.01 (2r), 457.01 (10), 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6)
22	22	(c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1) and (2), 457.04 (1), (2), (3), (4),
23	23	(5) (a) and (b), (6) and (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2.,
24	24	457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (e)
25	25	4., 800.035 (2m), 905.04 (1) (bm) and (dm) and 905.04 (1) (g); to repeal and
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41	41	SENATE BILL 391
42	42	recreate 632.89 (1) (dm); and to create 14.897, 440.03 (11m) (c) 2u., 440.03 (13)
43	43	(c) 1. id., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (5g),
44	44	457.01 (5r), 457.01 (12), 457.08 (4m), 457.25 (1g) and subchapter III of chapter
45	45	457 [precedes 457.70] of the statutes; relating to: ratification of the Social
46	46	Work Licensure Compact.
47	47	Analysis by the Legislative Reference Bureau
48	48	This bill ratifies and enters Wisconsin into the Social Work Licensure Compact,
49	49	which provides for the ability of a social worker to become eligible to practice in other
50	50	compact states. Significant provisions of the compact include the following:
51	51	1. The creation of a Social Work Licensure Compact Commission, which
52	52	includes one member or administrator of the licensure authorities of each member
53	53	state. The commission has various powers and duties granted in the compact,
54	54	including establishing bylaws, promulgating binding rules for the compact, hiring
55	55	officers, electing or appointing employees, and establishing and electing an executive
56	56	committee. The commission may levy on and collect an annual assessment from each
57	57	member state or impose fees on licensees of member states to cover the cost of the
58	58	operations and activities of the commission and its staff.
59	59	2. The ability for a social worker who is licensed in a home state and satisfies
60	60	certain other criteria to obtain a multistate license, which allows a social worker to
61	61	practice social work in all other compact states (remote states) under a multistate
62	62	authorization to practice. The compact specifies a number of requirements in order
63	63	for an individual to obtain a social worker multistate license, including holding or
64	64	being eligible for a social worker license in a home state, paying any required fees,
65	65	and satisfying a number of criteria that are specific to the category of social work
66	66	license the individual is seeking—bachelor's, master's, or clinical. A regulated social
67	67	worker's services in a remote state are subject to that member state's regulatory
68	68	authority. A remote state may take actions against a social worker's multistate
69	69	authorization to practice within that remote state, and if any adverse action is taken
70	70	by a home state against a licensee's multistate license, the social worker's multistate
71	71	authorization to practice in all other member states is deactivated until all
72	72	encumbrances have been removed from the multistate license.
73	73	3. The ability of member states to issue subpoenas that are enforceable in other
74	74	states.
75	75	4. The creation of a coordinated data system containing licensure and
76	76	disciplinary action information on social workers. The compact requires all home
77	77	state disciplinary orders that impose adverse actions against the license of a
78	78	regulated social worker to include a statement that the regulated social worker's
79	79	multistate authorization to practice is deactivated in all member states until all
80	80	conditions of the decision, order, or agreement are satisfied. A member state must
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89	89	submit a uniform data set to the data system on all individuals to whom the compact
90	90	is applicable as required by the rules of the commission.
91	91	5. Provisions regarding resolutions of disputes among member states and
92	92	between member and nonmember states, including a process for termination of a
93	93	state's membership in the compact if the state defaults on its obligations under the
94	94	compact.
95	95	The compact becomes effective in this state upon enactment by seven states.
96	96	The compact provides that it may be amended upon enactment of an amendment by
97	97	all member states. A state may withdraw from the compact by repealing the statute
98	98	authorizing the compact, but the compact provides that a withdrawal does not take
99	99	effect until 180 days after the effective date of that repeal.
100	100	For further information see the state fiscal estimate, which will be printed as
101	101	an appendix to this bill.
102	102	The people of the state of Wisconsin, represented in senate and assembly, do
103	103	enact as follows:
104	104	SECTION 1. 14.897 of the statutes is created to read:
105	105	14.897 Social work licensure compact. There is created a social work
106	106	licensure compact commission as specified in s. 457.70. The delegate on the
107	107	commission representing this state shall be appointed by the marriage and family
108	108	therapy, professional counseling, and social work examining board as provided in s.
109	109	457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
110	110	The commission has the powers and duties granted and imposed under s. 457.70.
111	111	SECTION 2. 15.405 (7c) (a) 1. of the statutes is amended to read:
112	112	15.405 (7c) (a) 1. Four social worker members who are certified or licensed
113	113	under subch. I of ch. 457.
114	114	SECTION 3. 15.405 (7c) (a) 2. of the statutes is amended to read:
115	115	15.405 (7c) (a) 2. Three marriage and family therapist members who are
116	116	licensed under subch. I of ch. 457.
117	117	SECTION 4. 15.405 (7c) (a) 3. of the statutes is amended to read:
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133	133	SECTION 4 SENATE BILL 391
134	134	15.405 (7c) (a) 3. Three professional counselor members who are licensed
135	135	under subch. I of ch. 457.
136	136	SECTION 5. 15.405 (7c) (a) 4. of the statutes is amended to read:
137	137	15.405 (7c) (a) 4. Three public members who represent groups that promote the
138	138	interests of consumers of services provided by persons who are certified or licensed
139	139	under subch. I of ch. 457.
140	140	SECTION 6. 15.405 (7c) (am) 1. of the statutes is amended to read:
141	141	15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch.
142	142	457 as an advanced practice social worker.
143	143	SECTION 7. 15.405 (7c) (am) 3. of the statutes is amended to read:
144	144	15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch.
145	145	457 as a clinical social worker.
146	146	SECTION 8. 15.405 (7c) (c) of the statutes is amended to read:
147	147	15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
148	148	suspending, or revoking a certificate or license under subch. I of ch. 457, and all other
149	149	matters of interest to either the social worker, marriage and family therapist, or
150	150	professional counselor section shall be acted upon solely by the interested section of
151	151	the examining board.
152	152	SECTION 9. 46.90 (4) (ab) 4. of the statutes is amended to read:
153	153	46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family
154	154	therapist certified, as those terms are defined under subch. I of ch. 457.
155	155	SECTION 10. 48.56 (2) of the statutes is amended to read:
156	156	48.56 (2) Each county department shall employ personnel who devote all or
157	157	part of their time to child welfare services. Whenever possible, these personnel shall
158	158	be social workers certified under ch. 457, as defined in s. 457.01 (10).
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186	186	SECTION 11
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188	188	SECTION 11. 48.561 (2) of the statutes is amended to read:
189	189	48.561 (2) The department shall employ personnel in a county having a
190	190	population of 750,000 or more who devote all of their time directly or indirectly to
191	191	child welfare services. Whenever possible, these personnel shall be social workers
192	192	certified under ch. 457, as defined in s. 457.01 (10).
193	193	SECTION 12. 49.45 (30j) (a) 1. of the statutes is amended to read:
194	194	49.45 (30j) (a) 1. “Competent mental health professional” means a physician
195	195	who has completed a residence in psychiatry; a psychologist; a private practice school
196	196	psychologist who is licensed under ch. 455; a marriage and family therapist who is
197	197	licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s.
198	198	457.12 or 457.13; an advanced practice social worker granted a certificate under s.
199	199	457.08 (2), as defined in s. 457.01 (1c); an independent social worker granted a
200	200	certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker
201	201	licensed under s. 457.08 (4), as defined in s. 457.01 (1r); a clinical substance abuse
202	202	counselor or independent clinical supervisor who is certified under s. 440.88, or any
203	203	of these individuals who is practicing under a currently valid training or temporary
204	204	license or certificate granted under applicable provisions of ch. 457. “Competent
205	205	mental health professional" does not include an individual whose license or
206	206	certificate is suspended, revoked, or voluntarily surrendered, or whose license or
207	207	certificate is limited or restricted, when practicing in areas prohibited by the
208	208	limitation or restriction.
209	209	SECTION 13. 51.03 (6) (a) of the statutes is amended to read:
210	210	51.03 (6) (a) In this subsection, “licensed treatment professional" means a
211	211	physician who has completed a residence in psychiatry; a psychologist; a private
212	212	practice school psychologist who is licensed under ch. 455; a marriage and family
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240	240	therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is
241	241	licensed under s. 457.12 or 457.13; an advanced practice social worker granted a
242	242	certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
243	243	worker licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social
244	244	worker licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any of these
245	245	individuals who is practicing under a currently valid training or temporary license
246	246	or certificate granted under applicable provisions of ch. 457. “Licensed treatment
247	247	professional" does not include an individual whose license or certificate is suspended,
248	248	revoked, or voluntarily surrendered, or whose license or certificate is limited or
249	249	restricted, when practicing in areas prohibited by the limitation or restriction.
250	250	SECTION 14. 55.043 (1m) (a) 4. of the statutes is amended to read:
251	251	55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
252	252	family therapist certified, as those terms are defined under subch. I of ch. 457.
253	253	SECTION 15. 146.81 (1) (hg) of the statutes is amended to read:
254	254	146.81 (1) (hg) A social worker, marriage and family therapist, or professional
255	255	counselor certified or licensed, as those terms are defined under subch. I of ch. 457.
256	256	SECTION 16. 146.89 (1) (r) 6. of the statutes is amended to read:
257	257	146.89 (1) (r) 6. A social worker who holds a certificate granted under ch. 457,
258	258	as defined in s. 457.01 (10).
259	259	SECTION 17. 146.89 (1) (r) 7. of the statutes is amended to read:
260	260	146.89 (1) (r) 7. A marriage and family therapist who is licensed under ch. 457,
261	261	as defined in s. 457.01 (3) or a professional counselor who is licensed under ch. 457,
262	262	as defined in s. 457.01 (7).
263	263	SECTION 18. 146.997 (1) (d) 11. of the statutes is amended to read:
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290	290	SECTION 18
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292	292	146.997 (1) (d) 11. A social worker, marriage and family therapist or
293	293	professional counselor certified, as those terms are defined under subch. I of ch. 457.
294	294	SECTION 19. 180.1901 (1m) (f) of the statutes is amended to read:
295	295	180.1901 (1m) (f) Marriage and family therapy, professional counseling, and
296	296	social work examining board under subch. I of ch. 457.
297	297	SECTION 20. 252.14 (1) (ar) 7. of the statutes is amended to read:
298	298	252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
299	299	professional counselor certified or licensed, as those terms are defined under subch.
300	300	I of ch. 457.
301	301	SECTION 21. 252.15 (1) (er) of the statutes is amended to read:
302	302	252.15 (1) (er) “Social worker" means an individual who is certified or licensed
303	303	as a social worker, advanced practice social worker, independent social worker, or
304	304	clinical social worker, as those terms are defined under subch. I of ch. 457.
305	305	SECTION 22. 253.10 (2) (f) of the statutes is amended to read:
306	306	253.10 (2) (f) “Qualified person assisting the physician" means a social worker
307	307	certified under ch. 457, as defined in s. 457.01 (10), a registered nurse or a physician
308	308	assistant to whom a physician who is to perform or induce an abortion has delegated
309	309	the responsibility, as the physician's agent, for providing the information required
310	310	under sub. (3) (c) 2.
311	311	SECTION 23. 256.215 (2) (b) of the statutes is amended to read:
312	312	256.215 (2) (b) The emergency medical services provider establishes, submits
313	313	to the department, and maintains patient care protocols corresponding to the
314	314	appropriate service level to be used by a community paramedic or a community
315	315	emergency medical services practitioner. The emergency medical services provider
316	316	may include in a patient care protocol only those services that do not require a
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343	343	SECTION 23 SENATE BILL 391
344	344	license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch.
345	345	I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
346	346	SECTION 24. 257.01 (1) (a) of the statutes is amended to read:
347	347	257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist
348	348	or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical
349	349	social worker, a marriage and family therapist, or a professional counselor.
350	350	SECTION 25. 257.01 (1) (b) of the statutes is amended to read:
351	351	257.01 (1) (b) An individual who was at any time within the previous 10 years,
352	352	but is not currently, licensed as a psychologist under ch. 455 or certified as a social
353	353	worker or licensed as a clinical social worker, a marriage and family therapist, or a
354	354	professional counselor under subch. I of ch. 457, if the individual's license or
355	355	certification was never revoked, limited, suspended, or denied renewal.
356	356	SECTION 26. 303.08 (1) (f) of the statutes is amended to read:
357	357	303.08 (1) (f) Obtaining counseling or therapy from an approved public
358	358	treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
359	359	facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical
360	360	social worker, as defined in s. 457.01 (1r), a professional counselor licensed under ch.
361	361	457, or a certified, as defined in s. 457.01 (7), an independent social worker, as defined
362	362	in s. 457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c),
363	363	who is authorized to practice psychotherapy under subch. I of ch. 457.
364	364	SECTION 27. 440.03 (11m) (c) 2u. of the statutes is created to read:
365	365	440.03 (11m) (c) 2u. The coordinated data system under s. 457.70 (11), if such
366	366	disclosure is required under the social work licensure compact under s. 457.70.
367	367	SECTION 28. 440.03 (13) (b) (intro.) of the statutes is amended to read:
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394	394	SECTION 28
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396	396	440.03 (13) (b) (intro.) The department may investigate whether an applicant
397	397	for or holder of any of the following credentials has been charged with or convicted
398	398	of a crime only pursuant to rules promulgated by the department under this
399	399	paragraph, including rules that establish the criteria that the department will use
400	400	to determine whether an investigation under this paragraph is necessary, except as
401	401	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
402	402	448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 457.70 (3) (b)
403	403	4. and (7) (b) 3.:
404	404	SECTION 29. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
405	405	(intro.) and amended to read:
406	406	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
407	407	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
408	408	set of the person's fingerprints:
409	409	a. An applicant for a private detective license or a private security permit under
410	410	s. 440.26, an.
411	411	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
412	412	an.
413	413	c. An applicant for a real estate appraiser certification under s. 458.06 or
414	414	license under s. 458.08, an.
415	415	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
416	416	e. An applicant for a compact license under s. 448.05 (2) (f), an.
417	417	f. An applicant for a physical therapist license under s. 448.53 or physical
418	418	therapist assistant license under s. 448.535, an.
419	419	g. An applicant for an occupational therapist or occupational therapy assistant
420	420	compact privilege under s. 448.987 (4), and an applicant for an occupational
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447	447	SECTION 29 SENATE BILL 391
448	448	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
449	449	a., an
450	450	h. An applicant for a psychologist license under s. 455.04, and a.
451	451	z. A person for whom the department conducts an investigation under par. (b),
452	452	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
453	453	set of the person's fingerprints.
454	454	2. The department of justice may submit the fingerprint cards, and the
455	455	department of justice shall submit the fingerprint cards of all applicants for a real
456	456	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
457	457	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
458	458	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
459	459	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
460	460	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
461	461	i., to the federal bureau of investigation for the purpose of verifying the identity of
462	462	the persons fingerprinted and obtaining records of their criminal arrests and
463	463	convictions.
464	464	3. Information obtained from the federal bureau of investigation may be shared
465	465	with the department or the appropriate credentialing board, but shall otherwise be
466	466	kept confidential and is not subject to disclosure under s. 19.35.
467	467	SECTION 30. 440.03 (13) (c) 1. id. of the statutes is created to read:
468	468	440.03 (13) (c) 1. id. An applicant for any category of social worker multistate
469	469	license under s. 457.08 (4m) when required pursuant to the social work licensure
470	470	compact under s. 457.70.
471	471	SECTION 31. 440.03 (14) (am) of the statutes is amended to read:
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498	498	SECTION 31
499	499	SENATE BILL 391
500	500	440.03 (14) (am) The department may promulgate rules that establish
501	501	requirements for granting a license to practice psychotherapy to a person who is
502	502	registered under par. (a). Rules promulgated under this paragraph shall establish
503	503	requirements for obtaining such a license that are comparable to the requirements
504	504	for obtaining a clinical social worker, marriage and family therapist, or professional
505	505	counselor license under subch. I of ch. 457. If the department promulgates rules
506	506	under this paragraph, the department shall grant a license under this paragraph to
507	507	a person registered under par. (a) who pays the initial credential fee determined by
508	508	the department under s. 440.03 (9) (a) and provides evidence satisfactory to the
509	509	department that he or she satisfies the requirements established in the rules.
510	510	SECTION 32. 440.043 (1) of the statutes is amended to read:
511	511	440.043 (1) The secretary shall appoint an advisory committee under s.
512	512	440.042 to provide advice concerning behavioral health. The advisory committee
513	513	shall semiannually conduct a review of the requirements for obtaining a credential
514	514	under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral
515	515	health.
516	516	SECTION 33. 440.094 (1) (c) 14. of the statutes is amended to read:
517	517	440.094 (1) (c) 14. A social worker, marriage and family therapist, or
518	518	professional counselor certified or licensed under subch. I of ch. 457 or a clinical
519	519	substance abuse counselor certified under s. 440.88.
520	520	SECTION 34. 440.15 of the statutes is amended to read:
521	521	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
522	522	441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
523	523	2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 457.70
524	524	(3) (b) 4. and (7) (b) 3., the department or a credentialing board may not require that
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551	551	SECTION 34 SENATE BILL 391
552	552	an applicant for a credential or a credential holder be fingerprinted or submit
553	553	fingerprints in connection with the department's or the credentialing board's
554	554	credentialing.
555	555	SECTION 35. 446.01 (1v) (m) of the statutes is amended to read:
556	556	446.01 (1v) (m) Marriage and family therapy, professional counseling, and
557	557	social work examining board under subch. I of ch. 457. “Health care professional"
558	558	also includes an individual who is exercising a multistate authorization to practice,
559	559	as defined in s. 457.70 (2) (q), under any category of social worker multistate license,
560	560	as defined in s. 457.70 (2) (r), in this state.
561	561	SECTION 36. 448.08 (4) of the statutes is amended to read:
562	562	448.08 (4) PROFESSIONAL PARTNERSHIPS AND CORPORATIONS PERMITTED.
563	563	Notwithstanding any other provision in this section, it is lawful for 2 or more
564	564	physicians, who have entered into a bona fide partnership for the practice of
565	565	medicine, to render a single bill for such services in the name of such partnership,
566	566	and it also is lawful for a service corporation to render a single bill for services in the
567	567	name of the corporation, provided that each individual licensed, registered or
568	568	certified under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459
569	569	that renders billed services is individually identified as having rendered such
570	570	services.
571	571	SECTION 37. 448.67 (4) of the statutes is amended to read:
572	572	448.67 (4) BILLING BY PROFESSIONAL PARTNERSHIPS AND CORPORATIONS. If 2 or
573	573	more podiatrists have entered into a bona fide partnership or formed a service
574	574	corporation for the practice of podiatry, the partnership or corporation may not
575	575	render a single bill for podiatry services provided in the name of the partnership or
576	576	corporation unless each individual licensed, registered or certified under this
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604	604	SECTION 37
605	605	SENATE BILL 391
606	606	chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, 457 or 459, who provided
607	607	services is individually identified on the bill as having rendered those services.
608	608	SECTION 38. 450.10 (3) (a) 10. of the statutes is amended to read:
609	609	450.10 (3) (a) 10. A social worker, marriage and family therapist, or
610	610	professional counselor certified or licensed under ch. 457, as those terms are defined
611	611	under subch. I of ch. 457.
612	612	SECTION 39. Chapter 457 (title) of the statutes is amended to read:
613	613	CHAPTER 457
614	614	MARRIAGE AND F AMILY THERAPY,
615	615	PROFESSIONAL COUNSELING, AND
616	616	SOCIAL WORK EXAMINING BOARD
617	617	SECTION 40. Subchapter I (title) of chapter 457 [precedes 457.01] of the statutes
618	618	is created to read:
619	619	CHAPTER 457
620	620	SUBCHAPTER I
621	621	REGULATION OF MARRIAGE AND
622	622	FAMILY THERAPY, PROFESSIONAL
623	623	COUNSELING, AND SOCIAL WORK
624	624	SECTION 41. 457.01 (intro.) of the statutes is amended to read:
625	625	457.01 Definitions. (intro.) In this chapter subchapter:
626	626	SECTION 42. 457.01 (1c) of the statutes is amended to read:
627	627	457.01 (1c) “Advanced practice social worker" means an individual who holds
628	628	an advanced practice social worker certificate granted by the social worker section
629	629	or who is exercising a multistate authorization to practice under a master's-category
630	630	multistate license.
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657	657	SECTION 43 SENATE BILL 391
658	658	SECTION 43. 457.01 (1g) of the statutes is amended to read:
659	659	457.01 (1g) “Certificate holder" means an individual who is certified under this
660	660	chapter subchapter.
661	661	SECTION 44. 457.01 (1r) of the statutes is amended to read:
662	662	457.01 (1r) “Clinical social worker" means an individual who holds a license
663	663	to practice clinical social work granted by the social worker section or who is
664	664	exercising a multistate authorization to practice under a clinical-category
665	665	multistate license.
666	666	SECTION 45. 457.01 (1w) of the statutes is amended to read:
667	667	457.01 (1w) “Credential" means a license or certificate granted under this
668	668	chapter subchapter.
669	669	SECTION 46. 457.01 (2r) of the statutes is amended to read:
670	670	457.01 (2r) “Licensee" means a person who is licensed under this chapter
671	671	subchapter.
672	672	SECTION 47. 457.01 (5g) of the statutes is created to read:
673	673	457.01 (5g) “Multistate authorization to practice” means the multistate
674	674	authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice
675	675	the appropriate category of social work in this state under a multistate license
676	676	granted by another state that is a party to the social work licensure compact.
677	677	SECTION 48. 457.01 (5r) of the statutes is created to read:
678	678	457.01 (5r) “Multistate license” has the meaning given in s. 457.70 (2) (r).
679	679	SECTION 49. 457.01 (10) of the statutes is amended to read:
680	680	457.01 (10) “Social worker" means an individual who holds a social worker
681	681	certificate granted by the social worker section or who is exercising a multistate
682	682	authorization to practice under a bachelor's-category multistate license.
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710	710	SECTION 50
711	711	SENATE BILL 391
712	712	SECTION 50. 457.01 (12) of the statutes is created to read:
713	713	457.01 (12) “Social work licensure compact” means the social work licensure
714	714	compact under s. 457.70.
715	715	SECTION 51. 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6) (c) of the statutes
716	716	are amended to read:
717	717	457.02 Applicability. (intro.) This chapter subchapter does not do any of the
718	718	following:
719	719	(1) Require any individual to be certified or licensed under this chapter
720	720	subchapter in order to use the title “pastoral counselor," “investment counselor,"
721	721	“vocational counselor," “career counselor," “alcohol and drug counselor," “chemical
722	722	dependency counselor," or “employee assistance counselor," or to engage in such
723	723	counseling, if the individual does not use any other title or designation that
724	724	represents or may tend to represent that he or she is certified or licensed under this
725	725	chapter subchapter, and does not represent himself or herself as an individual who
726	726	engages in social work, advanced practice social work, independent social work,
727	727	clinical social work, marriage and family therapy, or professional counseling.
728	728	(2) Require any individual who is licensed as a school social worker or school
729	729	counselor by the department of public instruction to be certified or licensed under
730	730	this chapter subchapter in order to use the title “school social worker" or “school
731	731	counselor."
732	732	(3) Require a person who is a psychologist or a psychiatrist to be licensed under
733	733	this chapter subchapter in order to use the title “marriage and family therapist,"
734	734	“marriage and family counselor," or “professional counselor" if the psychologist or
735	735	psychiatrist does not use the term “licensed," “certified," or “registered" or any
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761	761	SECTION 51 SENATE BILL 391
762	762	similar term in connection with the title “marriage and family therapist," “marriage
763	763	and family counselor," or “professional counselor."
764	764	(4) Authorize any individual who is certified or licensed under this chapter
765	765	subchapter to use the title “school social worker" or “school counselor" unless the
766	766	individual is licensed as a school social worker or school counselor by the department
767	767	of public instruction.
768	768	(5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or
769	769	457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to use
770	770	the title "alcohol and drug counselor" or "chemical dependency counselor" unless the
771	771	individual is certified as an alcohol and drug counselor or as a chemical dependency
772	772	counselor through a process recognized by the department.
773	773	(5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1),
774	774	or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to
775	775	treat substance use disorder as a specialty unless the individual is a certified
776	776	substance abuse counselor, clinical supervisor, or prevention specialist under s.
777	777	440.88, or unless the individual satisfies educational and supervised training
778	778	requirements established in rules promulgated by the examining board. In
779	779	promulgating rules under this subsection, the examining board shall consider the
780	780	requirements for qualifying as a certified substance abuse counselor, clinical
781	781	supervisor, or prevention specialist under s. 440.88.
782	782	(6) (c) Provide a consultation or demonstration with an individual licensed
783	783	under this chapter subchapter if the person providing the consultation or
784	784	demonstration is licensed to practice marriage and family therapy, professional
785	785	counseling, or clinical social work in another state or territory of the United States.
786	786	SECTION 52. 457.03 (1), (1m) and (2) of the statutes are amended to read:
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814	814	SECTION 52
815	815	SENATE BILL 391
816	816	457.03 (1) Upon the advice of the social worker section, marriage and family
817	817	therapist section, and professional counselor section, promulgate rules establishing
818	818	minimum standards for educational programs that must be completed for
819	819	certification or licensure under this chapter subchapter and for supervised clinical
820	820	training that must be completed for licensure as a clinical social worker, marriage
821	821	and family therapist, or professional counselor under this chapter subchapter and
822	822	approve educational programs and supervised clinical training programs in
823	823	accordance with those standards.
824	824	(1m) Upon the advice of the social worker section, marriage and family
825	825	therapist section, and professional counselor section, and consistent with s. 457.16,
826	826	promulgate rules establishing examination requirements for certification and
827	827	licensure under this chapter subchapter.
828	828	(2) Upon the advice of the social worker section, marriage and family therapist
829	829	section, and professional counselor section, promulgate rules establishing a code of
830	830	ethics to govern the professional conduct of certificate holders and, licensees, and
831	831	individuals exercising a multistate authorization to practice. The rules shall specify
832	832	the services included within the practice of social work, advanced practice social
833	833	work, or independent social work that an individual who is certified under this
834	834	chapter as a social worker, advanced practice social worker, or independent social
835	835	worker may perform and the degree of supervision, if any, required to perform those
836	836	services.
837	837	SECTION 53. 457.033 of the statutes is amended to read:
838	838	457.033 Psychometric testing. The marriage and family therapy,
839	839	professional counseling, and social work examining board and the psychology
840	840	examining board shall jointly promulgate rules that specify the different levels of
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867	867	SECTION 53 SENATE BILL 391
868	868	psychometric testing that an individual who is certified or licensed under this
869	869	chapter subchapter, or an individual who is exercising a multistate authorization to
870	870	practice, is qualified to perform. Such rules shall be consistent with the guidelines
871	871	of the American Psychological Association, or other nationally recognized guidelines,
872	872	for performing psychometric testing. A certificate holder or, licensee, or holder of a
873	873	multistate license may not engage in psychometric testing except as provided under
874	874	the rules promulgated under this section.
875	875	SECTION 54. 457.035 (1) and (2) of the statutes are amended to read:
876	876	457.035 (1) The individual is licensed under this chapter as a clinical social
877	877	worker, marriage and family therapist, or professional counselor.
878	878	(2) The individual is certified as an advanced practice or independent social
879	879	worker and the individual engages in psychotherapy only under the supervision of
880	880	an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.
881	881	SECTION 55. 457.04 (1), (2), (3), (4), (5) (a) and (b), (6) and (7) of the statutes are
882	882	amended to read:
883	883	457.04 (1) Use the title “social worker" unless the person is certified as a social
884	884	worker under this chapter subchapter or holds a bachelor's-category multistate
885	885	license granted in another state that is a party to the social work licensure compact.
886	886	(2) Use the title “advanced practice social worker" unless the person is certified
887	887	as an advanced practice social worker under this chapter subchapter or holds a
888	888	master's-category multistate license granted in another state that is a party to the
889	889	social work licensure compact.
890	890	(3) Use the title “independent social worker" unless the person is certified as
891	891	an independent social worker under this chapter subchapter.
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918	918	SECTION 55
919	919	SENATE BILL 391
920	920	(4) Practice clinical social work or designate himself or herself as a clinical
921	921	social worker or use or assume the title “clinical social worker" or any other title or
922	922	designation that represents or may tend to represent the person as a clinical social
923	923	worker unless the person is licensed as a clinical social worker under this chapter
924	924	subchapter or holds a clinical-category multistate license granted in another state
925	925	that is a party to the social work licensure compact or unless the person is certified
926	926	under this chapter subchapter as an advanced practice social worker or independent
927	927	social worker or holds a master's-category multistate license granted in another
928	928	state that is a party to the social work licensure compact, and the person practices
929	929	clinical social work under the supervision of a person who is licensed as a clinical
930	930	social worker under this chapter.
931	931	(5) (a) The person is licensed as a marriage and family therapist under this
932	932	chapter subchapter.
933	933	(b) The person is licensed as a clinical social worker under this chapter
934	934	subchapter and initially became certified as an independent clinical social worker
935	935	under ch. 457, 1999 stats., on or before May 31, 1995.
936	936	(6) Practice professional counseling or designate himself or herself as a
937	937	professional counselor or use or assume the title “professional counselor,"
938	938	“professional rehabilitation counselor," “vocational rehabilitation counselor,"
939	939	“rehabilitation counselor," or any other title or designation that represents or may
940	940	tend to represent the person as a professional counselor unless the person is licensed
941	941	as a professional counselor under this chapter subchapter.
942	942	(7) Practice psychotherapy unless the person is licensed under this chapter or
943	943	unless the person is a certificate holder who may practice psychotherapy under
944	944	except in accordance with the rules promulgated under ss. 457.03 and 457.035.
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971	971	SECTION 56 SENATE BILL 391
972	972	SECTION 56. 457.06 (intro.) of the statutes is amended to read:
973	973	457.06 General requirements for certification or licensure. (intro.) The
974	974	social worker section, marriage and family therapist section, or professional
975	975	counselor section may not grant any certificate or license under this chapter
976	976	subchapter unless the applicant does all of the following:
977	977	SECTION 57. 457.08 (4m) of the statutes is created to read:
978	978	457.08 (4m) MULTISTATE SOCIAL WORK LICENSES. (a) The social worker section
979	979	shall grant a clinical-category multistate license to any of the following:
980	980	1. An individual who holds or is eligible for a clinical social worker license under
981	981	sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays the fee
982	982	specified in s. 440.05 (1).
983	983	2. An individual who holds a clinical-category multistate license in another
984	984	state that is a party to the social work licensure compact, has changed his or her state
985	985	of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b), and
986	986	pays the fee specified in s. 440.05 (1).
987	987	(b) The social worker section shall grant a master's-category multistate license
988	988	to any of the following:
989	989	1. An individual who holds or is eligible for an advanced practice social worker
990	990	certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c),
991	991	and pays the fee specified in s. 440.05 (1).
992	992	2. An individual who holds a master's-category multistate license in another
993	993	state that is a party to the social work licensure compact, has changed his or her state
994	994	of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b), and
995	995	pays the fee specified in s. 440.05 (1).
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1024	1024	(c) The social worker section shall grant a bachelor's-category multistate
1025	1025	license to any of the following:
1026	1026	1. An individual who holds or is eligible for a social worker certificate under
1027	1027	sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee
1028	1028	specified in s. 440.05 (1).
1029	1029	2. An individual who holds a bachelor's-category multistate license in another
1030	1030	state that is a party to the social work licensure compact, has changed his or her state
1031	1031	of primary docile to this state, satisfies the requirements under s. 457.70 (7) (b) and
1032	1032	pays the fee specified in s. 440.05 (1).
1033	1033	SECTION 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to
1034	1034	read:
1035	1035	457.09 (2) (b) A social worker training certificate holder is a social worker
1036	1036	certified under this chapter subchapter for purposes of any law governing social
1037	1037	workers certified under this chapter subchapter.
1038	1038	(4) (b) 1. A human services internship that involves direct practice with clients
1039	1039	and that is supervised by a social worker certified under this chapter who has a
1040	1040	bachelor's or master's degree in social work.
1041	1041	2. One year of social work employment that involves direct practice with clients
1042	1042	and that is supervised by a social worker certified under this chapter who has a
1043	1043	bachelor's or master's degree in social work.
1044	1044	SECTION 59. 457.20 (1) and (2) of the statutes are amended to read:
1045	1045	457.20 (1) The department shall issue a certificate of certification or licensure
1046	1046	to each individual who is certified or licensed under this chapter subchapter.
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1072	1072	(2) The renewal dates for certificates and licenses granted under this chapter
1073	1073	subchapter, other than training certificates and licenses or temporary certificates or
1074	1074	licenses, are specified under s. 440.08 (2) (a).
1075	1075	SECTION 60. 457.24 (1) of the statutes is amended to read:
1076	1076	457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
1077	1077	worker, marriage and family therapist, or professional counselor under this chapter
1078	1078	may not practice clinical social work, marriage and family therapy, or professional
1079	1079	counseling unless he or she has in effect professional liability insurance. The
1080	1080	examining board shall promulgate rules establishing the minimum amount of
1081	1081	insurance required under this subsection.
1082	1082	SECTION 61. 457.25 (1) of the statutes is renumbered 457.25 (1r).
1083	1083	SECTION 62. 457.25 (1g) of the statutes is created to read:
1084	1084	457.25 (1g) In this section, “credential holder” also includes an individual
1085	1085	practicing under a multistate authorization to practice.
1086	1086	SECTION 63. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to
1087	1087	read:
1088	1088	457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate
1089	1089	section of the examining board may make investigations and conduct hearings to
1090	1090	determine whether a violation of this chapter subchapter or any rule promulgated
1091	1091	under this chapter subchapter has occurred.
1092	1092	(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate
1093	1093	section of the examining board may reprimand a credential holder or an individual
1094	1094	practicing under a multistate authorization to practice or deny, limit, suspend, or
1095	1095	revoke a credential under this chapter subchapter or a multistate authorization to
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1124	1124	practice if it finds that the applicant or credential holder individual has done any of
1125	1125	the following:
1126	1126	(h) Violated this chapter subchapter or any rule promulgated under this
1127	1127	chapter subchapter.
1128	1128	SECTION 64. Subchapter III of chapter 457 [precedes 457.70] of the statutes is
1129	1129	created to read:
1130	1130	CHAPTER 457
1131	1131	SUBCHAPTER III
1132	1132	SOCIAL WORK LICENSURE COMP ACT
1133	1133	457.70 Social work licensure compact. (1) PURPOSE. The purpose of this
1134	1134	compact is to facilitate interstate practice of regulated social workers by improving
1135	1135	public access to competent social work services. The compact preserves the
1136	1136	regulatory authority of states to protect public health and safety through the current
1137	1137	system of state licensure. This compact is designed to achieve the following
1138	1138	objectives:
1139	1139	(a) Increase public access to social work services;
1140	1140	(b) Reduce overly burdensome and duplicative requirements associated with
1141	1141	holding multiple licenses;
1142	1142	(c) Enhance the member states' ability to protect the public's health and safety;
1143	1143	(d) Encourage the cooperation of member states in regulating multistate
1144	1144	practice;
1145	1145	(e) Promote mobility and address workforce shortages by eliminating the
1146	1146	necessity for licenses in multiple states by providing for the mutual recognition of
1147	1147	other member state licenses;
1148	1148	(f) Support military families;
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1176	1176	(g) Facilitate the exchange of licensure and disciplinary information among
1177	1177	member states;
1178	1178	(h) Authorize all member states to hold a regulated social worker accountable
1179	1179	for abiding by a member state's laws, regulations, and applicable professional
1180	1180	standards in the member state in which the client is located at the time care is
1181	1181	rendered; and
1182	1182	(i) Allow for the use of telehealth to facilitate increased access to regulated
1183	1183	social work services.
1184	1184	(2) DEFINITIONS. As used in this compact, and except as otherwise provided, the
1185	1185	following definitions shall apply:
1186	1186	(a) “Active military member” means any individual with full-time duty status
1187	1187	in the active armed forces of the United States including members of the national
1188	1188	guard and reserve.
1189	1189	(b) “Adverse action” means any administrative, civil, equitable or criminal
1190	1190	action permitted by a state's laws which is imposed by a licensing authority or other
1191	1191	authority against a regulated social worker, including actions against an individual's
1192	1192	license or multistate authorization to practice such as revocation, suspension,
1193	1193	probation, monitoring of the licensee, limitation on the licensee's practice, or any
1194	1194	other encumbrance on licensure affecting a regulated social worker's authorization
1195	1195	to practice, including issuance of a cease and desist action.
1196	1196	(c) “Alternative program” means a nondisciplinary monitoring or practice
1197	1197	remediation process approved by a licensing authority to address practitioners with
1198	1198	an impairment.
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1226	1226	(d) “Charter member states” - member states who have enacted legislation to
1227	1227	adopt this compact where such legislation predates the effective date of this compact
1228	1228	as described in sub. (14).
1229	1229	(e) “Compact commission” or “commission” means the government agency
1230	1230	whose membership consists of all states that have enacted this compact, which is
1231	1231	known as the social work licensure compact commission, as described in sub. (10),
1232	1232	and which shall operate as an instrumentality of the member states.
1233	1233	(f) “Current significant investigative information” means:
1234	1234	1. Investigative information that a licensing authority, after a preliminary
1235	1235	inquiry that includes notification and an opportunity for the regulated social worker
1236	1236	to respond has reason to believe is not groundless and, if proved true, would indicate
1237	1237	more than a minor infraction as may be defined by the commission; or
1238	1238	2. Investigative information that indicates that the regulated social worker
1239	1239	represents an immediate threat to public health and safety, as may be defined by the
1240	1240	commission, regardless of whether the regulated social worker has been notified and
1241	1241	has had an opportunity to respond.
1242	1242	(g) “Data system” means a repository of information about licensees, including,
1243	1243	continuing education, examination, licensure, current significant investigative
1244	1244	information, disqualifying event, multistate license(s) and adverse action
1245	1245	information or other information as required by the commission.
1246	1246	(h) “Domicile” means the jurisdiction in which the licensee resides and intends
1247	1247	to remain indefinitely.
1248	1248	(i) “Disqualifying event” means any adverse action or incident which results
1249	1249	in an encumbrance that disqualifies or makes the licensee ineligible to either obtain,
1250	1250	retain or renew a multistate license.
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1278	1278	(j) “Encumbrance” means a revocation or suspension of, or any limitation on,
1279	1279	the full and unrestricted practice of social work licensed and regulated by a licensing
1280	1280	authority.
1281	1281	(k) “Executive committee” means a group of delegates elected or appointed to
1282	1282	act on behalf of, and within the powers granted to them by, the compact and
1283	1283	commission.
1284	1284	(L) “Home state” means the member state that is the licensee's primary
1285	1285	domicile.
1286	1286	(m) “Impairment” means a condition(s) that may impair a practitioner's ability
1287	1287	to engage in full and unrestricted practice as a regulated social worker without some
1288	1288	type of intervention and may include alcohol and drug dependence, mental health
1289	1289	impairment, and neurological or physical impairments.
1290	1290	(n) “Licensee(s)” means an individual who currently holds a license from a state
1291	1291	to practice as a regulated social worker.
1292	1292	(o) “Licensing authority” means the board or agency of a member state, or
1293	1293	equivalent, that is responsible for the licensing and regulation of regulated social
1294	1294	workers.
1295	1295	(p) “Member state” means a state, commonwealth, district, or territory of the
1296	1296	United States of America that has enacted this compact.
1297	1297	(q) “Multistate authorization to practice” means a legally authorized privilege
1298	1298	to practice, which is equivalent to a license, associated with a multistate license
1299	1299	permitting the practice of social work in a remote state.
1300	1300	(r) “Multistate license” means a license to practice as a regulated social worker
1301	1301	issued by a home state licensing authority that authorizes the regulated social
1302	1302	worker to practice in all member states under multistate authorization to practice.
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1332	1332	(s) “Qualifying national exam” means a national licensing examination
1333	1333	approved by the commission.
1334	1334	(t) “Regulated social worker” means any clinical, master's or bachelor's social
1335	1335	worker licensed by a member state regardless of the title used by that member state.
1336	1336	(u) “Remote state” means a member state other than the licensee's home state.
1337	1337	(v) “Rule(s)” or “rule(s) of the commission” means a regulation or regulations
1338	1338	duly promulgated by the commission, as authorized by the compact, that has the
1339	1339	force of law.
1340	1340	(w) “Single state license” means a social work license issued by any state that
1341	1341	authorizes practice only within the issuing state and does not include multistate
1342	1342	authorization to practice in any member state.
1343	1343	(x) “Social work” or “social work services” means the application of social work
1344	1344	theory, knowledge, methods, ethics, and the professional use of self to restore or
1345	1345	enhance social, psychosocial, or biopsychosocial functioning of individuals, couples,
1346	1346	families, groups, organizations, and communities through the care and services
1347	1347	provided by a regulated social worker as set forth in the member state's statutes and
1348	1348	regulations in the state where the services are being provided.
1349	1349	(y) “State” means any state, commonwealth, district, or territory of the United
1350	1350	States of America that regulates the practice of social work.
1351	1351	(z) “Unencumbered license” means a license that authorizes a regulated social
1352	1352	worker to engage in the full and unrestricted practice of social work.
1353	1353	(3) STATE PARTICIPATION IN THE COMPACT. (a) To be eligible to participate in the
1354	1354	compact, a potential member state must currently meet all of the following criteria:
1355	1355	1. License and regulate the practice of social work at either the clinical,
1356	1356	master's, or bachelor's category.
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1384	1384	2. Require applicants for licensure to graduate from a program that is:
1385	1385	a. Operated by a college or university recognized by the licensing authority;
1386	1386	b. Accredited, or in candidacy by an institution that subsequently becomes
1387	1387	accredited, by an accrediting agency recognized by either the Council for Higher
1388	1388	Education Accreditation, or its successor; or the United States department of
1389	1389	education; and
1390	1390	c. Corresponds to the licensure sought as outlined in sub. (4).
1391	1391	3. Require applicants for clinical licensure to complete a period of supervised
1392	1392	practice.
1393	1393	4. Have a mechanism in place for receiving, investigating, and adjudicating
1394	1394	complaints about licensees.
1395	1395	(b) To maintain membership in the compact a member state shall:
1396	1396	1. Require that applicants for a multistate license pass a qualifying national
1397	1397	exam for the corresponding category of multistate license sought as outlined in sub.
1398	1398	(4).
1399	1399	2. Participate fully in the commission's data system, including using the
1400	1400	commission's unique identifier as defined in rules;
1401	1401	3. Notify the commission, in compliance with the terms of the compact and
1402	1402	rules, of any adverse action or the availability of current significant investigative
1403	1403	information regarding a licensee;
1404	1404	4. Implement procedures for considering the criminal history records of
1405	1405	applicants for a multistate license. Such procedures shall include the submission of
1406	1406	fingerprints or other biometric-based information by applicants for the purpose of
1407	1407	obtaining an applicant's criminal history record information from the federal bureau
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1436	1436	of investigation and the agency responsible for retaining that state's criminal
1437	1437	records.
1438	1438	5. Comply with the rules of the commission;
1439	1439	6. Require an applicant to obtain or retain a license in the home state and meet
1440	1440	the home state's qualifications for licensure or renewal of licensure, as well as all
1441	1441	other applicable home state laws;
1442	1442	7. Authorize a licensee holding a multistate license in any member state to
1443	1443	practice in accordance with the terms of the compact and rules of the commission;
1444	1444	and
1445	1445	8. Designate a delegate to participate in the commission meetings.
1446	1446	(c) A member state meeting the requirements of pars. (a) and (b) shall designate
1447	1447	the categories of social work licensure that are eligible for issuance of a multistate
1448	1448	license for applicants in such member state. To the extent that any member state
1449	1449	does not meet the requirements for participation in the compact at any particular
1450	1450	category of social work licensure, such member state may choose, but is not obligated
1451	1451	to, issue a multistate license to applicants that otherwise meet the requirements of
1452	1452	sub. (4) for issuance of a multistate license in such category or categories of licensure.
1453	1453	(d) The home state may charge a fee for granting the multistate license.
1454	1454	(4) SOCIAL WORKER PARTICIPATION IN THE COMPACT. (a) To be eligible for a
1455	1455	multistate license under the terms and provisions of the compact, an applicant,
1456	1456	regardless of category must:
1457	1457	1. Hold or be eligible for an active, unencumbered license in the home state;
1458	1458	2. Pay any applicable fees, including any state fee, for the multistate license;
1459	1459	3. Submit, in connection with an application for a multistate license,
1460	1460	fingerprints or other biometric data for the purpose of obtaining criminal history
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1488	1488	record information from the federal bureau of investigation and the agency
1489	1489	responsible for retaining that state's criminal records.
1490	1490	4. Notify the home state of any adverse action, encumbrance, or restriction on
1491	1491	any professional license taken by any member state or nonmember state within 30
1492	1492	days from the date the action is taken.
1493	1493	5. Meet any continuing competence requirements established by the home
1494	1494	state;
1495	1495	6. Abide by the laws, regulations, and applicable standards in the member state
1496	1496	where the client is located at the time care is rendered.
1497	1497	(b) An applicant for a clinical-category multistate license must meet all of the
1498	1498	following requirements:
1499	1499	2. Fulfill a competency requirement, which shall be satisfied by either:
1500	1500	a. Passage of a clinical-category qualifying national exam; or
1501	1501	b. Licensure of the applicant in their home state at the clinical category,
1502	1502	beginning prior to such time as a qualifying national exam was required by the home
1503	1503	state and accompanied by a period of continuous social work licensure thereafter, all
1504	1504	of which may be further governed by the rules of the commission; or
1505	1505	c. The substantial equivalency of the foregoing competency requirements
1506	1506	which the commission may determine by rule.
1507	1507	3. Attain at least a master's degree in social work from a program that is:
1508	1508	a. Operated by a college or university recognized by the licensing authority; and
1509	1509	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1510	1510	accrediting agency recognized by either the Council for Higher Education
1511	1511	Accreditation or its successor; or the United States department of education.
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1540	1540	4. Fulfill a practice requirement, which shall be satisfied by demonstrating
1541	1541	completion of either:
1542	1542	a. A period of postgraduate supervised clinical practice equal to a minimum of
1543	1543	three thousand hours; or
1544	1544	b. A minimum of two years of full-time postgraduate supervised clinical
1545	1545	practice; or
1546	1546	c. The substantial equivalency of the foregoing practice requirements which
1547	1547	the commission may determine by rule.
1548	1548	(c) An applicant for a master's-category multistate license must meet all of the
1549	1549	following requirements:
1550	1550	1. Fulfill a competency requirement, which shall be satisfied by either:
1551	1551	a. Passage of a masters-category qualifying national exam;
1552	1552	b. Licensure of the applicant in their home state at the master's category,
1553	1553	beginning prior to such time as a qualifying national exam was required by the home
1554	1554	state at the master's category and accompanied by a continuous period of social work
1555	1555	licensure thereafter, all of which may be further governed by the rules of the
1556	1556	commission; or
1557	1557	c. The substantial equivalency of the foregoing competency requirements
1558	1558	which the commission may determine by rule.
1559	1559	2. Attain at least a master's degree in social work from a program that is:
1560	1560	a. Operated by a college or university recognized by the licensing authority; and
1561	1561	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1562	1562	accrediting agency recognized by either the Council for Higher Education
1563	1563	Accreditation or its successor; or the United States department of education.
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1588	1588	MED:emw
1589	1589	SECTION 64 SENATE BILL 391
1590	1590	(d) An applicant for a bachelor's-category multistate license must meet all of
1591	1591	the following requirements:
1592	1592	1. Fulfill a competency requirement, which shall be satisfied by either:
1593	1593	a. Passage of a bachelor's-category qualifying national exam;
1594	1594	b. Licensure of the applicant in their home state at the bachelor's category,
1595	1595	beginning prior to such time as a qualifying national exam was required by the home
1596	1596	state and accompanied by a period of continuous social work licensure thereafter, all
1597	1597	of which may be further governed by the rules of the commission; or
1598	1598	c. The substantial equivalency of the foregoing competency requirements
1599	1599	which the commission may determine by rule.
1600	1600	2. Attain at least a bachelor's degree in social work from a program that is:
1601	1601	a. Operated by a college or university recognized by the licensing authority; and
1602	1602	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1603	1603	accrediting agency recognized by either the Council for Higher Education
1604	1604	Accreditation or its successor; or the United States department of education.
1605	1605	(e) The multistate license for a regulated social worker is subject to the renewal
1606	1606	requirements of the home state. The regulated social worker must maintain
1607	1607	compliance with the requirements of par. (a) to be eligible to renew a multistate
1608	1608	license.
1609	1609	(f) The regulated social worker's services in a remote state are subject to that
1610	1610	member state's regulatory authority. A remote state may, in accordance with due
1611	1611	process and that member state's laws, remove a regulated social worker's multistate
1612	1612	authorization to practice in the remote state for a specific period of time, impose
1613	1613	fines, and take any other necessary actions to protect the health and safety of its
1614	1614	citizens.
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1640	1640	LRB-3959/1
1641	1641	MED:emw
1642	1642	SECTION 64
1643	1643	SENATE BILL 391
1644	1644	(g) If a multistate license is encumbered, the regulated social worker's
1645	1645	multistate authorization to practice shall be deactivated in all remote states until the
1646	1646	multistate license is no longer encumbered.
1647	1647	(h) If a multistate authorization to practice is encumbered in a remote state,
1648	1648	the regulated social worker's multistate authorization to practice may be
1649	1649	deactivated in that state until the multistate authorization to practice is no longer
1650	1650	encumbered.
1651	1651	(5) ISSUANCE OF A MULTISTATE LICENSE. (a) Upon receipt of an application for
1652	1652	multistate license, the home state licensing authority shall determine the applicant's
1653	1653	eligibility for a multistate license in accordance with sub. (4).
1654	1654	(b) If such applicant is eligible pursuant to sub. (4), the home state licensing
1655	1655	authority shall issue a multistate license that authorizes the applicant or regulated
1656	1656	social worker to practice in all member states under a multistate authorization to
1657	1657	practice.
1658	1658	(c) Upon issuance of a multistate license, the home state licensing authority
1659	1659	shall designate whether the regulated social worker holds a multistate license in the
1660	1660	bachelor's, master's, or clinical category of social work.
1661	1661	(d) A multistate license issued by a home state to a resident in that state shall
1662	1662	be recognized by all compact member states as authorizing social work practice
1663	1663	under a multistate authorization to practice corresponding to each category of
1664	1664	licensure regulated in each member state.
1665	1665	(6) AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING
1666	1666	AUTHORITIES. (a) Nothing in this compact, nor any rule of the commission, shall be
1667	1667	construed to limit, restrict, or in any way reduce the ability of a member state to enact
1668	1668	and enforce laws, regulations, or other rules related to the practice of social work in
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1694	1694	MED:emw
1695	1695	SECTION 64 SENATE BILL 391
1696	1696	that state, where those laws, regulations, or other rules are not inconsistent with the
1697	1697	provisions of this compact.
1698	1698	(b) Nothing in this compact shall affect the requirements established by a
1699	1699	member state for the issuance of a single state license.
1700	1700	(c) Nothing in this compact, nor any rule of the commission, shall be construed
1701	1701	to limit, restrict, or in any way reduce the ability of a member state to take adverse
1702	1702	action against a licensee's single state license to practice social work in that state.
1703	1703	(d) Nothing in this compact, nor any rule of the commission, shall be construed
1704	1704	to limit, restrict, or in any way reduce the ability of a remote state to take adverse
1705	1705	action against a licensee's multistate authorization to practice in that state.
1706	1706	(e) Nothing in this compact, nor any rule of the commission, shall be construed
1707	1707	to limit, restrict, or in any way reduce the ability of a licensee's home state to take
1708	1708	adverse action against a licensee's multistate license based upon information
1709	1709	provided by a remote state.
1710	1710	(7) REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. (a) A licensee can
1711	1711	hold a multistate license, issued by their home state, in only one member state at any
1712	1712	given time.
1713	1713	(b) If a licensee changes their home state by moving between two member
1714	1714	states:
1715	1715	1. The licensee shall immediately apply for the reissuance of their multistate
1716	1716	license in their new home state. The licensee shall pay all applicable fees and notify
1717	1717	the prior home state in accordance with the rules of the commission.
1718	1718	2. Upon receipt of an application to reissue a multistate license, the new home
1719	1719	state shall verify that the multistate license is active, unencumbered and eligible for
1720	1720	reissuance under the terms of the compact and the rules of the commission. The
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1746	1746	LRB-3959/1
1747	1747	MED:emw
1748	1748	SECTION 64
1749	1749	SENATE BILL 391
1750	1750	multistate license issued by the prior home state will be deactivated and all member
1751	1751	states notified in accordance with the applicable rules adopted by the commission.
1752	1752	3. Prior to the reissuance of the multistate license, the new home state shall
1753	1753	conduct procedures for considering the criminal history records of the licensee. Such
1754	1754	procedures shall include the submission of fingerprints or other biometric-based
1755	1755	information by applicants for the purpose of obtaining an applicant's criminal
1756	1756	history record information from the federal bureau of investigation and the agency
1757	1757	responsible for retaining that state's criminal records.
1758	1758	4. If required for initial licensure, the new home state may require completion
1759	1759	of jurisprudence requirements in the new home state.
1760	1760	5. Notwithstanding any other provision of this compact, if a licensee does not
1761	1761	meet the requirements set forth in this compact for the reissuance of a multistate
1762	1762	license by the new home state, then the licensee shall be subject to the new home
1763	1763	state requirements for the issuance of a single state license in that state.
1764	1764	(c) If a licensee changes their primary state of residence by moving from a
1765	1765	member state to a nonmember state, or from a nonmember state to a member state,
1766	1766	then the licensee shall be subject to the state requirements for the issuance of a single
1767	1767	state license in the new home state.
1768	1768	(d) Nothing in this compact shall interfere with a licensee's ability to hold a
1769	1769	single state license in multiple states; however, for the purposes of this compact, a
1770	1770	licensee shall have only one home state, and only one multistate license.
1771	1771	(e) Nothing in this compact shall interfere with the requirements established
1772	1772	by a member state for the issuance of a single state license.
1773	1773	(8) MILITARY FAMILIES. An active military member or their spouse shall
1774	1774	designate a home state where the individual has a multistate license. The individual
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1800	1800	MED:emw
1801	1801	SECTION 64 SENATE BILL 391
1802	1802	may retain their home state designation during the period the service member is on
1803	1803	active duty.
1804	1804	(9) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state law,
1805	1805	a remote state shall have the authority, in accordance with existing state due process
1806	1806	law, to:
1807	1807	1. Take adverse action against a regulated social worker's multistate
1808	1808	authorization to practice only within that member state, and issue subpoenas for
1809	1809	both hearings and investigations that require the attendance and testimony of
1810	1810	witnesses as well as the production of evidence. Subpoenas issued by a licensing
1811	1811	authority in a member state for the attendance and testimony of witnesses or the
1812	1812	production of evidence from another member state shall be enforced in the latter
1813	1813	state by any court of competent jurisdiction, according to the practice and procedure
1814	1814	of that court applicable to subpoenas issued in proceedings pending before it. The
1815	1815	issuing licensing authority shall pay any witness fees, travel expenses, mileage, and
1816	1816	other fees required by the service statutes of the state in which the witnesses or
1817	1817	evidence are located.
1818	1818	2. Only the home state shall have the power to take adverse action against a
1819	1819	regulated social worker's multistate license.
1820	1820	(b) For purposes of taking adverse action, the home state shall give the same
1821	1821	priority and effect to reported conduct received from a member state as it would if
1822	1822	the conduct had occurred within the home state. In so doing, the home state shall
1823	1823	apply its own state laws to determine appropriate action.
1824	1824	(c) The home state shall complete any pending investigations of a regulated
1825	1825	social worker who changes their home state during the course of the investigations.
1826	1826	The home state shall also have the authority to take appropriate action(s) and shall
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1853	1853	MED:emw
1854	1854	SECTION 64
1855	1855	SENATE BILL 391
1856	1856	promptly report the conclusions of the investigations to the administrator of the data
1857	1857	system. The administrator of the data system shall promptly notify the new home
1858	1858	state of any adverse actions.
1859	1859	(d) A member state, if otherwise permitted by state law, may recover from the
1860	1860	affected regulated social worker the costs of investigations and dispositions of cases
1861	1861	resulting from any adverse action taken against that regulated social worker.
1862	1862	(e) A member state may take adverse action based on the factual findings of
1863	1863	another member state, provided that the member state follows its own procedures
1864	1864	for taking the adverse action.
1865	1865	(f) Joint investigations. 1. In addition to the authority granted to a member
1866	1866	state by its respective social work practice act or other applicable state law, any
1867	1867	member state may participate with other member states in joint investigations of
1868	1868	licensees.
1869	1869	2. Member states shall share any investigative, litigation, or compliance
1870	1870	materials in furtherance of any joint or individual investigation initiated under the
1871	1871	compact.
1872	1872	(g) If adverse action is taken by the home state against the multistate license
1873	1873	of a regulated social worker, the regulated social worker's multistate authorization
1874	1874	to practice in all other member states shall be deactivated until all encumbrances
1875	1875	have been removed from the multistate license. All home state disciplinary orders
1876	1876	that impose adverse action against the license of a regulated social worker shall
1877	1877	include a statement that the regulated social worker's multistate authorization to
1878	1878	practice is deactivated in all member states until all conditions of the decision, order
1879	1879	or agreement are satisfied.
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1904	1904	MED:emw
1905	1905	SECTION 64 SENATE BILL 391
1906	1906	(h) If a member state takes adverse action, it shall promptly notify the
1907	1907	administrator of the data system. The administrator of the data system shall
1908	1908	promptly notify the home state and all other member states of any adverse actions
1909	1909	by remote states.
1910	1910	(i) Nothing in this compact shall override a member state's decision that
1911	1911	participation in an alternative program may be used in lieu of adverse action.
1912	1912	(j) Nothing in this compact shall authorize a member state to demand the
1913	1913	issuance of subpoenas for attendance and testimony of witnesses or the production
1914	1914	of evidence from another member state for lawful actions within that member state.
1915	1915	(k) Nothing in this compact shall authorize a member state to impose discipline
1916	1916	against a regulated social worker who holds a multistate authorization to practice
1917	1917	for lawful actions within another member state.
1918	1918	(10) ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION. (a) The
1919	1919	compact member states hereby create and establish a joint government agency
1920	1920	whose membership consists of all member states that have enacted the compact
1921	1921	known as the social work licensure compact commission. The commission is an
1922	1922	instrumentality of the compact states acting jointly and not an instrumentality of
1923	1923	any one state. The commission shall come into existence on or after the effective date
1924	1924	of the compact as set forth in sub. (14).
1925	1925	(b) Membership, voting, and meetings. 1. Each member state shall have and
1926	1926	be limited to one (1) delegate selected by that member state's state licensing
1927	1927	authority.
1928	1928	2. The delegate shall be either:
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1952	1952	LRB-3959/1
1953	1953	MED:emw
1954	1954	SECTION 64
1955	1955	SENATE BILL 391
1956	1956	a. A current member of the state licensing authority at the time of appointment,
1957	1957	who is a regulated social worker or public member of the state licensing authority;
1958	1958	or
1959	1959	b. An administrator of the state licensing authority or their designee.
1960	1960	3. The commission shall by rule or bylaw establish a term of office for delegates
1961	1961	and may by rule or bylaw establish term limits.
1962	1962	4. The commission may recommend removal or suspension any delegate from
1963	1963	office.
1964	1964	5. A member state's state licensing authority shall fill any vacancy of its
1965	1965	delegate occurring on the commission within 60 days of the vacancy.
1966	1966	6. Each delegate shall be entitled to one vote on all matters before the
1967	1967	commission requiring a vote by commission delegates.
1968	1968	7. A delegate shall vote in person or by such other means as provided in the
1969	1969	bylaws. The bylaws may provide for delegates to meet by telecommunication,
1970	1970	videoconference, or other means of communication.
1971	1971	8. The commission shall meet at least once during each calendar year.
1972	1972	Additional meetings may be held as set forth in the bylaws. The commission may
1973	1973	meet by telecommunication, video conference or other similar electronic means.
1974	1974	(c) The commission shall have the following powers:
1975	1975	1. Establish the fiscal year of the commission;
1976	1976	2. Establish code of conduct and conflict of interest policies;
1977	1977	3. Establish and amend rules and bylaws;
1978	1978	4. Maintain its financial records in accordance with the bylaws;
1979	1979	5. Meet and take such actions as are consistent with the provisions of this
1980	1980	compact, the commission's rules, and the bylaws;
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2006	2006	MED:emw
2007	2007	SECTION 64 SENATE BILL 391
2008	2008	6. Initiate and conclude legal proceedings or actions in the name of the
2009	2009	commission, provided that the standing of any state licensing board to sue or be sued
2010	2010	under applicable law shall not be affected;
2011	2011	7. Maintain and certify records and information provided to a member state as
2012	2012	the authenticated business records of the commission, and designate an agent to do
2013	2013	so on the commission's behalf;
2014	2014	8. Purchase and maintain insurance and bonds;
2015	2015	9. Borrow, accept, or contract for services of personnel, including, but not
2016	2016	limited to, employees of a member state;
2017	2017	10. Conduct an annual financial review;
2018	2018	11. Hire employees, elect or appoint officers, fix compensation, define duties,
2019	2019	grant such individuals appropriate authority to carry out the purposes of the
2020	2020	compact, and establish the commission's personnel policies and programs relating
2021	2021	to conflicts of interest, qualifications of personnel, and other related personnel
2022	2022	matters;
2023	2023	12. Assess and collect fees;
2024	2024	13. Accept any and all appropriate gifts, donations, grants of money, other
2025	2025	sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
2026	2026	and dispose of the same; provided that at all times the commission shall avoid any
2027	2027	appearance of impropriety or conflict of interest;
2028	2028	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
2029	2029	personal, or mixed, or any undivided interest therein;
2030	2030	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
2031	2031	dispose of any property real, personal, or mixed;
2032	2032	16. Establish a budget and make expenditures;
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2059	2059	MED:emw
2060	2060	SECTION 64
2061	2061	SENATE BILL 391
2062	2062	17. Borrow money;
2063	2063	18. Appoint committees, including standing committees, composed of
2064	2064	members, state regulators, state legislators or their representatives, and consumer
2065	2065	representatives, and such other interested persons as may be designated in this
2066	2066	compact and the bylaws;
2067	2067	19. Provide and receive information from, and cooperate with, law enforcement
2068	2068	agencies;
2069	2069	20. Establish and elect an executive committee, including a chair and a vice
2070	2070	chair;
2071	2071	21. Determine whether a state's adopted language is materially different from
2072	2072	the model compact language such that the state would not qualify for participation
2073	2073	in the compact; and
2074	2074	22. Perform such other functions as may be necessary or appropriate to achieve
2075	2075	the purposes of this compact.
2076	2076	(d) The executive committee. 1. The executive committee shall have the power
2077	2077	to act on behalf of the commission according to the terms of this compact. The powers,
2078	2078	duties, and responsibilities of the executive committee shall include:
2079	2079	a. Oversee the day-to-day activities of the administration of the compact
2080	2080	including enforcement and compliance with the provisions of the compact, its rules
2081	2081	and bylaws, and other such duties as deemed necessary;
2082	2082	b. Recommend to the commission changes to the rules or bylaws, changes to
2083	2083	this compact legislation, fees charged to compact member states, fees charged to
2084	2084	licensees, and other fees;
2085	2085	c. Ensure compact administration services are appropriately provided,
2086	2086	including by contract;
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2113	2113	SECTION 64 SENATE BILL 391
2114	2114	d. Prepare and recommend the budget;
2115	2115	e. Maintain financial records on behalf of the commission;
2116	2116	f. Monitor compact compliance of member states and provide compliance
2117	2117	reports to the commission;
2118	2118	g. Establish additional committees as necessary;
2119	2119	h. Exercise the powers and duties of the commission during the interim
2120	2120	between commission meetings, except for adopting or amending rules, adopting or
2121	2121	amending bylaws, and exercising any other powers and duties expressly reserved to
2122	2122	the commission by rule or bylaw; and
2123	2123	i. Other duties as provided in the rules or bylaws of the commission.
2124	2124	2. The executive committee shall be composed of up to eleven (11) members:
2125	2125	a. The chair and vice chair of the commission shall be voting members of the
2126	2126	executive committee; and
2127	2127	b. The commission shall elect five voting members from the current
2128	2128	membership of the commission.
2129	2129	c. Up to four (4) ex officio, nonvoting members from four (4) recognized national
2130	2130	social work organizations.
2131	2131	d. The ex officio members will be selected by their respective organizations.
2132	2132	3. The commission may remove any member of the executive committee as
2133	2133	provided in the commission's bylaws.
2134	2134	4. The executive committee shall meet at least annually.
2135	2135	a. Executive committee meetings shall be open to the public, except that the
2136	2136	executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
2137	2137	2. below.
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2163	2163	MED:emw
2164	2164	SECTION 64
2165	2165	SENATE BILL 391
2166	2166	b. The executive committee shall give seven (7) days' notice of its meetings,
2167	2167	posted on its website and as determined to provide notice to persons with an interest
2168	2168	in the business of the commission.
2169	2169	c. The executive committee may hold a special meeting in accordance with par.
2170	2170	(f) 1. b. below.
2171	2171	(e) The commission shall adopt and provide to the member states an annual
2172	2172	report.
2173	2173	(f) Meetings of the commission. 1. All meetings shall be open to the public,
2174	2174	except that the commission may meet in a closed, nonpublic meeting as provided in
2175	2175	par. (f) 2. below.
2176	2176	a. Public notice for all meetings of the full commission of meetings shall be
2177	2177	given in the same manner as required under the rule-making provisions in sub. (12),
2178	2178	except that the commission may hold a special meeting as provided in par. (f) 1. b.
2179	2179	below.
2180	2180	b. The commission may hold a special meeting when it must meet to conduct
2181	2181	emergency business by giving 48 hours' notice to all commissioners, on the
2182	2182	commission's website, and other means as provided in the commission's rules. The
2183	2183	commission's legal counsel shall certify that the commission's need to meet qualifies
2184	2184	as an emergency.
2185	2185	2. The commission or the executive committee or other committees of the
2186	2186	commission may convene in a closed, nonpublic meeting for the commission or
2187	2187	executive committee or other committees of the commission to receive legal advice
2188	2188	or to discuss:
2189	2189	a. Noncompliance of a member state with its obligations under the compact;
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2215	2215	SECTION 64 SENATE BILL 391
2216	2216	b. The employment, compensation, discipline or other matters, practices or
2217	2217	procedures related to specific employees;
2218	2218	c. Current or threatened discipline of a licensee by the commission or by a
2219	2219	member state's licensing authority;
2220	2220	d. Current, threatened, or reasonably anticipated litigation;
2221	2221	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
2222	2222	real estate;
2223	2223	f. Accusing any person of a crime or formally censuring any person;
2224	2224	g. Trade secrets or commercial or financial information that is privileged or
2225	2225	confidential;
2226	2226	h. Information of a personal nature where disclosure would constitute a clearly
2227	2227	unwarranted invasion of personal privacy;
2228	2228	i. Investigative records compiled for law enforcement purposes;
2229	2229	j. Information related to any investigative reports prepared by or on behalf of
2230	2230	or for use of the commission or other committee charged with responsibility of
2231	2231	investigation or determination of compliance issues pursuant to the compact;
2232	2232	k. Matters specifically exempted from disclosure by federal or member state
2233	2233	law; or
2234	2234	L. Other matters as promulgated by the Commission by Rule.
2235	2235	3. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
2236	2236	that the meeting will be closed and reference each relevant exempting provision, and
2237	2237	such reference shall be recorded in the minutes.
2238	2238	4. The commission shall keep minutes that fully and clearly describe all
2239	2239	matters discussed in a meeting and shall provide a full and accurate summary of
2240	2240	actions taken, and the reasons therefore, including a description of the views
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2267	2267	MED:emw
2268	2268	SECTION 64
2269	2269	SENATE BILL 391
2270	2270	expressed. All documents considered in connection with an action shall be identified
2271	2271	in such minutes. All minutes and documents of a closed meeting shall remain under
2272	2272	seal, subject to release only by a majority vote of the commission or order of a court
2273	2273	of competent jurisdiction.
2274	2274	(g) Financing of the commission. 1. The commission shall pay, or provide for
2275	2275	the payment of, the reasonable expenses of its establishment, organization, and
2276	2276	ongoing activities.
2277	2277	2. The commission may accept any and all appropriate revenue sources as
2278	2278	provided in par. (c) 13.
2279	2279	3. The commission may levy on and collect an annual assessment from each
2280	2280	member state and impose fees on licensees of member states to whom it grants a
2281	2281	multistate license to cover the cost of the operations and activities of the commission
2282	2282	and its staff, which must be in a total amount sufficient to cover its annual budget
2283	2283	as approved each year for which revenue is not provided by other sources. The
2284	2284	aggregate annual assessment amount for member states shall be allocated based
2285	2285	upon a formula that the commission shall promulgate by rule.
2286	2286	4. The commission shall not incur obligations of any kind prior to securing the
2287	2287	funds adequate to meet the same; nor shall the commission pledge the credit of any
2288	2288	of the member states, except by and with the authority of the member state.
2289	2289	5. The commission shall keep accurate accounts of all receipts and
2290	2290	disbursements. The receipts and disbursements of the commission shall be subject
2291	2291	to the financial review and accounting procedures established under its bylaws.
2292	2292	However, all receipts and disbursements of funds handled by the commission shall
2293	2293	be subject to an annual financial review by a certified or licensed public accountant,
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2318	2318	MED:emw
2319	2319	SECTION 64 SENATE BILL 391
2320	2320	and the report of the financial review shall be included in and become part of the
2321	2321	annual report of the commission.
2322	2322	(h) Qualified immunity, defense, and indemnification. 1. The members,
2323	2323	officers, executive director, employees and representatives of the commission shall
2324	2324	be immune from suit and liability, both personally and in their official capacity, for
2325	2325	any claim for damage to or loss of property or personal injury or other civil liability
2326	2326	caused by or arising out of any actual or alleged act, error, or omission that occurred,
2327	2327	or that the person against whom the claim is made had a reasonable basis for
2328	2328	believing occurred within the scope of commission employment, duties or
2329	2329	responsibilities; provided that nothing in this subdivision shall be construed to
2330	2330	protect any such person from suit or liability for any damage, loss, injury, or liability
2331	2331	caused by the intentional or willful or wanton misconduct of that person. The
2332	2332	procurement of insurance of any type by the commission shall not in any way
2333	2333	compromise or limit the immunity granted hereunder.
2334	2334	2. The commission shall defend any member, officer, executive director,
2335	2335	employee, and representative of the commission in any civil action seeking to impose
2336	2336	liability arising out of any actual or alleged act, error, or omission that occurred
2337	2337	within the scope of commission employment, duties, or responsibilities, or as
2338	2338	determined by the commission that the person against whom the claim is made had
2339	2339	a reasonable basis for believing occurred within the scope of commission
2340	2340	employment, duties, or responsibilities; provided that nothing herein shall be
2341	2341	construed to prohibit that person from retaining their own counsel at their own
2342	2342	expense; and provided further, that the actual or alleged act, error, or omission did
2343	2343	not result from that person's intentional or willful or wanton misconduct.
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2369	2369	MED:emw
2370	2370	SECTION 64
2371	2371	SENATE BILL 391
2372	2372	3. The commission shall indemnify and hold harmless any member, officer,
2373	2373	executive director, employee, and representative of the commission for the amount
2374	2374	of any settlement or judgment obtained against that person arising out of any actual
2375	2375	or alleged act, error, or omission that occurred within the scope of commission
2376	2376	employment, duties, or responsibilities, or that such person had a reasonable basis
2377	2377	for believing occurred within the scope of commission employment, duties, or
2378	2378	responsibilities, provided that the actual or alleged act, error, or omission did not
2379	2379	result from the intentional or willful or wanton misconduct of that person.
2380	2380	4. Nothing herein shall be construed as a limitation on the liability of any
2381	2381	licensee for professional malpractice or misconduct, which shall be governed solely
2382	2382	by any other applicable state laws.
2383	2383	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
2384	2384	a member state's state action immunity or state action affirmative defense with
2385	2385	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
2386	2386	or federal antitrust or anticompetitive law or regulation.
2387	2387	6. Nothing in this compact shall be construed to be a waiver of sovereign
2388	2388	immunity by the member states or by the commission.
2389	2389	(11) DATA SYSTEM. (a) The commission shall provide for the development,
2390	2390	maintenance, operation, and utilization of a coordinated data system.
2391	2391	(b) The commission shall assign each applicant for a multistate license a
2392	2392	unique identifier, as determined by the rules of the commission.
2393	2393	(c) Notwithstanding any other provision of state law to the contrary, a member
2394	2394	state shall submit a uniform data set to the data system on all individuals to whom
2395	2395	this compact is applicable as required by the rules of the commission, including:
2396	2396	1. Identifying information;
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2422	2422	MED:emw
2423	2423	SECTION 64 SENATE BILL 391
2424	2424	2. Licensure data;
2425	2425	3. Adverse actions against a license and information related thereto;
2426	2426	4. Nonconfidential information related to alternative program participation,
2427	2427	the beginning and ending dates of such participation, and other information related
2428	2428	to such participation not made confidential under member state law;
2429	2429	5. Any denial of application for licensure, and the reason(s) for such denial;
2430	2430	6. The presence of current significant investigative information; and
2431	2431	7. Other information that may facilitate the administration of this compact or
2432	2432	the protection of the public, as determined by the rules of the commission.
2433	2433	(d) The records and information provided to a member state pursuant to this
2434	2434	compact or through the data system, when certified by the commission or an agent
2435	2435	thereof, shall constitute the authenticated business records of the commission, and
2436	2436	shall be entitled to any associated hearsay exception in any relevant judicial,
2437	2437	quasi-judicial or administrative proceedings in a member state.
2438	2438	(e) Current significant investigative information pertaining to a licensee in any
2439	2439	member state will only be available to other member states.
2440	2440	1. It is the responsibility of the member states to report any adverse action
2441	2441	against a licensee and to monitor the database to determine whether adverse action
2442	2442	has been taken against a licensee. Adverse action information pertaining to a
2443	2443	licensee in any member state will be available to any other member state.
2444	2444	(f) Member states contributing information to the data system may designate
2445	2445	information that may not be shared with the public without the express permission
2446	2446	of the contributing state.
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2470	2470	LRB-3959/1
2471	2471	MED:emw
2472	2472	SECTION 64
2473	2473	SENATE BILL 391
2474	2474	(g) Any information submitted to the data system that is subsequently
2475	2475	expunged pursuant to federal law or the laws of the member state contributing the
2476	2476	information shall be removed from the data system.
2477	2477	(12) RULE MAKING. (a) The commission shall promulgate reasonable rules in
2478	2478	order to effectively and efficiently implement and administer the purposes and
2479	2479	provisions of the compact. A rule shall be invalid and have no force or effect only if
2480	2480	a court of competent jurisdiction holds that the rule is invalid because the
2481	2481	commission exercised its rule-making authority in a manner that is beyond the
2482	2482	scope and purposes of the compact, or the powers granted hereunder, or based upon
2483	2483	another applicable standard of review.
2484	2484	(b) The rules of the commission shall have the force of law in each member state,
2485	2485	provided however that where the rules of the commission conflict with the laws of the
2486	2486	member state that establish the member state's laws, regulations, and applicable
2487	2487	standards that govern the practice of social work as held by a court of competent
2488	2488	jurisdiction, the rules of the commission shall be ineffective in that state to the extent
2489	2489	of the conflict.
2490	2490	(c) The commission shall exercise its rule-making powers pursuant to the
2491	2491	criteria set forth in this subsection and the rules adopted thereunder. Rules shall
2492	2492	become binding on the day following adoption or the date specified in the rule or
2493	2493	amendment, whichever is later.
2494	2494	(d) If a majority of the legislatures of the member states rejects a rule or portion
2495	2495	of a rule, by enactment of a statute or resolution in the same manner used to adopt
2496	2496	the compact within four (4) years of the date of adoption of the rule, then such rule
2497	2497	shall have no further force and effect in any member state.
2498	2498	(e) Rules shall be adopted at a regular or special meeting of the commission.
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2524	2524	MED:emw
2525	2525	SECTION 64 SENATE BILL 391
2526	2526	(f) Prior to adoption of a proposed rule, the commission shall hold a public
2527	2527	hearing and allow persons to provide oral and written comments, data, facts,
2528	2528	opinions, and arguments.
2529	2529	(g) Prior to adoption of a proposed rule by the commission, and at least thirty
2530	2530	(30) days in advance of the meeting at which the commission will hold a public
2531	2531	hearing on the proposed rule, the commission shall provide a notice of proposed rule
2532	2532	making:
2533	2533	1. On the website of the commission or other publicly accessible platform;
2534	2534	2. To persons who have requested notice of the commission's notices of proposed
2535	2535	rule making, and
2536	2536	3. In such other way(s) as the commission may by rule specify.
2537	2537	(h) The notice of proposed rule making shall include:
2538	2538	1. The time, date, and location of the public hearing at which the commission
2539	2539	will hear public comments on the proposed rule and, if different, the time, date, and
2540	2540	location of the meeting where the commission will consider and vote on the proposed
2541	2541	rule;
2542	2542	2. If the hearing is held via telecommunication, video conference, or other
2543	2543	electronic means, the commission shall include the mechanism for access to the
2544	2544	hearing in the notice of proposed rule making;
2545	2545	3. The text of the proposed rule and the reason therefor;
2546	2546	4. A request for comments on the proposed rule from any interested person; and
2547	2547	5. The manner in which interested persons may submit written comments.
2548	2548	(i) All hearings will be recorded. A copy of the recording and all written
2549	2549	comments and documents received by the commission in response to the proposed
2550	2550	rule shall be available to the public.
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2577	2577	MED:emw
2578	2578	SECTION 64
2579	2579	SENATE BILL 391
2580	2580	(j) Nothing in this subsection shall be construed as requiring a separate
2581	2581	hearing on each rule. Rules may be grouped for the convenience of the commission
2582	2582	at hearings required by this subsection.
2583	2583	(k) The commission shall, by majority vote of all members, take final action on
2584	2584	the proposed rule based on the rule-making record and the full text of the rule.
2585	2585	1. The commission may adopt changes to the proposed rule provided the
2586	2586	changes do not enlarge the original purpose of the proposed rule.
2587	2587	2. The commission shall provide an explanation of the reasons for substantive
2588	2588	changes made to the proposed rule as well as reasons for substantive changes not
2589	2589	made that were recommended by commenters.
2590	2590	3. The commission shall determine a reasonable effective date for the rule.
2591	2591	Except for an emergency as provided in par. (L), the effective date of the rule shall
2592	2592	be no sooner than 30 days after issuing the notice that it adopted or amended the rule.
2593	2593	(L) Upon determination that an emergency exists, the commission may
2594	2594	consider and adopt an emergency rule with 48 hours' notice, with opportunity to
2595	2595	comment, provided that the usual rule-making procedures provided in the compact
2596	2596	and in this subsection shall be retroactively applied to the rule as soon as reasonably
2597	2597	possible, in no event later than ninety (90) days after the effective date of the rule.
2598	2598	For the purposes of this provision, an emergency rule is one that must be adopted
2599	2599	immediately in order to:
2600	2600	1. Meet an imminent threat to public health, safety, or welfare;
2601	2601	2. Prevent a loss of commission or member state funds;
2602	2602	3. Meet a deadline for the promulgation of a rule that is established by federal
2603	2603	law or rule; or
2604	2604	4. Protect public health and safety.
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2631	2631	SECTION 64 SENATE BILL 391
2632	2632	(m) The commission or an authorized committee of the commission may direct
2633	2633	revisions to a previously adopted rule for purposes of correcting typographical errors,
2634	2634	errors in format, errors in consistency, or grammatical errors. Public notice of any
2635	2635	revisions shall be posted on the website of the commission. The revision shall be
2636	2636	subject to challenge by any person for a period of thirty (30) days after posting. The
2637	2637	revision may be challenged only on grounds that the revision results in a material
2638	2638	change to a rule. A challenge shall be made in writing and delivered to the
2639	2639	commission prior to the end of the notice period. If no challenge is made, the revision
2640	2640	will take effect without further action. If the revision is challenged, the revision may
2641	2641	not take effect without the approval of the commission.
2642	2642	(n) No member state's rule-making requirements shall apply under this
2643	2643	compact.
2644	2644	(13) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
2645	2645	executive and judicial branches of state government in each member state shall
2646	2646	enforce this compact and take all actions necessary and appropriate to implement
2647	2647	the compact.
2648	2648	2. Except as otherwise provided in this compact, venue is proper and judicial
2649	2649	proceedings by or against the commission shall be brought solely and exclusively in
2650	2650	a court of competent jurisdiction where the principal office of the commission is
2651	2651	located. The commission may waive venue and jurisdictional defenses to the extent
2652	2652	it adopts or consents to participate in alternative dispute resolution proceedings.
2653	2653	Nothing herein shall affect or limit the selection or propriety of venue in any action
2654	2654	against a licensee for professional malpractice, misconduct or any such similar
2655	2655	matter.
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2682	2682	SECTION 64
2683	2683	SENATE BILL 391
2684	2684	3. The commission shall be entitled to receive service of process in any
2685	2685	proceeding regarding the enforcement or interpretation of the compact and shall
2686	2686	have standing to intervene in such a proceeding for all purposes. Failure to provide
2687	2687	the commission service of process shall render a judgment or order void as to the
2688	2688	commission, this compact, or promulgated rules.
2689	2689	(b) Default, technical assistance, and termination. 1. If the commission
2690	2690	determines that a member state has defaulted in the performance of its obligations
2691	2691	or responsibilities under this compact or the promulgated rules, the commission
2692	2692	shall provide written notice to the defaulting state. The notice of default shall
2693	2693	describe the default, the proposed means of curing the default, and any other action
2694	2694	that the commission may take, and shall offer training and specific technical
2695	2695	assistance regarding the default.
2696	2696	2. The commission shall provide a copy of the notice of default to the other
2697	2697	member states.
2698	2698	(c) If a state in default fails to cure the default, the defaulting state may be
2699	2699	terminated from the compact upon an affirmative vote of a majority of the delegates
2700	2700	of the member states, and all rights, privileges and benefits conferred on that state
2701	2701	by this compact may be terminated on the effective date of termination. A cure of the
2702	2702	default does not relieve the offending state of obligations or liabilities incurred
2703	2703	during the period of default.
2704	2704	(d) Termination of membership in the compact shall be imposed only after all
2705	2705	other means of securing compliance have been exhausted. Notice of intent to
2706	2706	suspend or terminate shall be given by the commission to the governor, the majority
2707	2707	and minority leaders of the defaulting state's legislature, the defaulting state's state
2708	2708	licensing authority and each of the member states' state licensing authority.
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2735	2735	SECTION 64 SENATE BILL 391
2736	2736	(e) A state that has been terminated is responsible for all assessments,
2737	2737	obligations, and liabilities incurred through the effective date of termination,
2738	2738	including obligations that extend beyond the effective date of termination.
2739	2739	(f) Upon the termination of a state's membership from this compact, that state
2740	2740	shall immediately provide notice to all licensees within that state of such
2741	2741	termination. The terminated state shall continue to recognize all licenses granted
2742	2742	pursuant to this compact for a minimum of six (6) months after the date of said notice
2743	2743	of termination.
2744	2744	(g) The commission shall not bear any costs related to a state that is found to
2745	2745	be in default or that has been terminated from the compact, unless agreed upon in
2746	2746	writing between the commission and the defaulting state.
2747	2747	(h) The defaulting state may appeal the action of the commission by petitioning
2748	2748	the U.S. District Court for the District of Columbia or the federal district where the
2749	2749	commission has its principal offices. The prevailing party shall be awarded all costs
2750	2750	of such litigation, including reasonable attorney's fees.
2751	2751	(i) Dispute resolution. 1. Upon request by a member state, the commission
2752	2752	shall attempt to resolve disputes related to the compact that arise among member
2753	2753	states and between member and nonmember states.
2754	2754	2. The commission shall promulgate a rule providing for both mediation and
2755	2755	binding dispute resolution for disputes as appropriate.
2756	2756	(j) Enforcement. 1. By majority vote as provided by rule, the commission may
2757	2757	initiate legal action against a member state in default in the United States District
2758	2758	Court for the District of Columbia or the federal district where the commission has
2759	2759	its principal offices to enforce compliance with the provisions of the compact and its
2760	2760	promulgated rules. The relief sought may include both injunctive relief and
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2788	2788	SECTION 64
2789	2789	SENATE BILL 391
2790	2790	damages. In the event judicial enforcement is necessary, the prevailing party shall
2791	2791	be awarded all costs of such litigation, including reasonable attorney's fees. The
2792	2792	remedies herein shall not be the exclusive remedies of the commission. The
2793	2793	commission may pursue any other remedies available under federal or the defaulting
2794	2794	member state's law.
2795	2795	2. A member state may initiate legal action against the commission in the U.S.
2796	2796	District Court for the District of Columbia or the federal district where the
2797	2797	commission has its principal offices to enforce compliance with the provisions of the
2798	2798	compact and its promulgated rules. The relief sought may include both injunctive
2799	2799	relief and damages. In the event judicial enforcement is necessary, the prevailing
2800	2800	party shall be awarded all costs of such litigation, including reasonable attorney's
2801	2801	fees.
2802	2802	3. No person other than a member state shall enforce this compact against the
2803	2803	commission.
2804	2804	(14) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact shall come
2805	2805	into effect on the date on which the compact statute is enacted into law in the seventh
2806	2806	member state.
2807	2807	1. On or after the effective date of the compact, the commission shall convene
2808	2808	and review the enactment of each of the first seven member states (“charter member
2809	2809	states”) to determine if the statute enacted by each such charter member state is
2810	2810	materially different than the model compact statute.
2811	2811	a. A charter member state whose enactment is found to be materially different
2812	2812	from the model compact statute shall be entitled to the default process set forth in
2813	2813	sub. (13).
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2839	2839	SECTION 64 SENATE BILL 391
2840	2840	b. If any member state is later found to be in default, or is terminated or
2841	2841	withdraws from the compact, the commission shall remain in existence and the
2842	2842	compact shall remain in effect even if the number of member states should be less
2843	2843	than seven.
2844	2844	2. Member states enacting the compact subsequent to the seven initial charter
2845	2845	member states shall be subject to the process set forth in sub. (10) (c) 21. to determine
2846	2846	if their enactments are materially different from the model compact statute and
2847	2847	whether they qualify for participation in the compact.
2848	2848	3. All actions taken for the benefit of the commission or in furtherance of the
2849	2849	purposes of the administration of the compact prior to the effective date of the
2850	2850	compact or the commission coming into existence shall be considered to be actions
2851	2851	of the commission unless specifically repudiated by the commission.
2852	2852	4. Any state that joins the compact subsequent to the commission's initial
2853	2853	adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist
2854	2854	on the date on which the compact becomes law in that state. Any rule that has been
2855	2855	previously adopted by the commission shall have the full force and effect of law on
2856	2856	the day the compact becomes law in that state.
2857	2857	(b) Any member state may withdraw from this compact by enacting a statute
2858	2858	repealing the same.
2859	2859	1. A member state's withdrawal shall not take effect until 180 days after
2860	2860	enactment of the repealing statute.
2861	2861	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2862	2862	state's licensing authority to comply with the investigative and adverse action
2863	2863	reporting requirements of this compact prior to the effective date of withdrawal.
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2890	2890	SECTION 64
2891	2891	SENATE BILL 391
2892	2892	3. Upon the enactment of a statute withdrawing from this compact, a state
2893	2893	shall immediately provide notice of such withdrawal to all licensees within that
2894	2894	state. Notwithstanding any subsequent statutory enactment to the contrary, such
2895	2895	withdrawing state shall continue to recognize all licenses granted pursuant to this
2896	2896	compact for a minimum of 180 days after the date of such notice of withdrawal.
2897	2897	(c) Nothing contained in this compact shall be construed to invalidate or
2898	2898	prevent any licensure agreement or other cooperative arrangement between a
2899	2899	member state and a nonmember state that does not conflict with the provisions of
2900	2900	this compact.
2901	2901	(d) This compact may be amended by the member states. No amendment to this
2902	2902	compact shall become effective and binding upon any member state until it is enacted
2903	2903	into the laws of all member states.
2904	2904	(15) CONSTRUCTION AND SEVERABILITY. (a) This compact and the commission's
2905	2905	rule-making authority shall be liberally construed so as to effectuate the purposes,
2906	2906	and the implementation and administration of the compact. Provisions of the
2907	2907	compact expressly authorizing or requiring the promulgation of rules shall not be
2908	2908	construed to limit the commission's rule-making authority solely for those purposes.
2909	2909	(b) The provisions of this compact shall be severable and if any phrase, clause,
2910	2910	sentence or provision of this compact is held by a court of competent jurisdiction to
2911	2911	be contrary to the constitution of any member state, a state seeking participation in
2912	2912	the compact, or of the United States, or the applicability thereof to any government,
2913	2913	agency, person or circumstance is held to be unconstitutional by a court of competent
2914	2914	jurisdiction, the validity of the remainder of this compact and the applicability
2915	2915	thereof to any other government, agency, person or circumstance shall not be affected
2916	2916	thereby.
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2943	2943	SECTION 64 SENATE BILL 391
2944	2944	(c) Notwithstanding par. (b), the commission may deny a state's participation
2945	2945	in the compact or, in accordance with the requirements of sub. (13) (b), terminate a
2946	2946	member state's participation in the compact, if it determines that a constitutional
2947	2947	requirement of a member state is a material departure from the compact. Otherwise,
2948	2948	if this compact shall be held to be contrary to the constitution of any member state,
2949	2949	the compact shall remain in full force and effect as to the remaining member states
2950	2950	and in full force and effect as to the member state affected as to all severable matters.
2951	2951	(16) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) A licensee
2952	2952	providing services in a remote state under a multistate authorization to practice
2953	2953	shall adhere to the laws and regulations, including laws, regulations, and applicable
2954	2954	standards, of the remote state where the client is located at the time care is rendered.
2955	2955	(b) Nothing herein shall prevent or inhibit the enforcement of any other law of
2956	2956	a member state that is not inconsistent with the compact.
2957	2957	(c) Any laws, statutes, regulations, or other legal requirements in a member
2958	2958	state in conflict with the compact are superseded to the extent of the conflict.
2959	2959	(d) All permissible agreements between the commission and the member states
2960	2960	are binding in accordance with their terms.
2961	2961	457.71 Implementation of the social work licensure compact. (1) In this
2962	2962	section, “multistate authorization to practice ” has the meaning given in s. 457.70 (2)
2963	2963	(q).
2964	2964	(2) (a) An individual who is exercising the multistate authorization to practice
2965	2965	in this state shall comply with s. 440.03 (13) (am).
2966	2966	(b) Subject to s. 457.70 and any rules promulgated thereunder, ss. 440.20 to
2967	2967	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
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2994	2994	SECTION 64
2995	2995	SENATE BILL 391
2996	2996	is exercising the multistate authorization to practice in this state in the same
2997	2997	manner that they apply to holders of certificates or licenses issued under subch. I.
2998	2998	SECTION 65. 632.89 (1) (dm) of the statutes is repealed and recreated to read:
2999	2999	632.89 (1) (dm) “Licensed mental health professional" means a clinical social
3000	3000	worker, a marriage and family therapist, or a professional counselor, as those terms
3001	3001	are defined in subch. I of ch. 457.
3002	3002	SECTION 66. 632.89 (1) (e) 4. of the statutes is amended to read:
3003	3003	632.89 (1) (e) 4. A licensed mental health professional practicing within the
3004	3004	scope of his or her license credential under subch. I of ch. 457 and applicable rules.
3005	3005	SECTION 67. 800.035 (2m) of the statutes is amended to read:
3006	3006	800.035 (2m) A municipal court shall appoint a guardian ad litem or social
3007	3007	worker certified or licensed under subch. I of ch. 457 for any defendant that the court
3008	3008	has reason to believe lacks substantial mental capacity to understand the
3009	3009	proceedings or assist in his or her defense. The person appointed under this
3010	3010	paragraph shall assist the court in making a determination concerning the
3011	3011	defendant's mental capacity. If the court determines that the defendant lacks the
3012	3012	mental capacity to understand the proceedings or assist in his or her defense, the
3013	3013	court shall suspend the proceedings. The cost of the guardian ad litem or social
3014	3014	worker shall be paid by the municipality or municipalities that established the court.
3015	3015	The governing body may by ordinance or bylaw authorize the appointment of a
3016	3016	guardian ad litem by the municipal judge in any other matter within the jurisdiction
3017	3017	of the municipal court.
3018	3018	SECTION 68. 905.04 (1) (bm) and (dm) of the statutes are amended to read:
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3043	3043	SECTION 68 SENATE BILL 391
3044	3044	905.04 (1) (bm) “Marriage and family therapist" means an individual who is
3045	3045	licensed as a marriage and family therapist under subch. I of ch. 457 or an individual
3046	3046	reasonably believed by the patient to be a marriage and family therapist.
3047	3047	(dm) “Professional counselor" means an individual who is licensed as a
3048	3048	professional counselor under subch. I of ch. 457 or an individual reasonably believed
3049	3049	by the patient to be a professional counselor.
3050	3050	SECTION 69. 905.04 (1) (g) of the statutes is amended to read:
3051	3051	905.04 (1) (g) “Social worker" means an individual who is certified or licensed
3052	3052	as a social worker, advanced practice social worker, independent social worker, or
3053	3053	clinical social worker, as those terms are defined under subch. I of ch. 457, or an
3054	3054	individual reasonably believed by the patient to be a social worker, advanced practice
3055	3055	social worker, independent social worker, or clinical social worker.
3056	3056	(END)
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