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2025 ASSEMBLY BILL 141
March 17, 2025 - Introduced by Representatives SNYDER, DITTRICH, KNODL,
MURPHY, MURSAU, NOVAK, O'CONNOR, TUSLER, JOHNSON, MIRESSE, MOORE
OMOKUNDE and PALMERI, cosponsored by Senators TOMCZYK, JAMES,
DASSLER-ALFHEIM and WALL. Referred to Committee on Regulatory Licensing
Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 440.08 (2) (a) (intro.), 457.08 (1) (intro.), 457.08 (2) (intro.),
457.08 (3) (intro.) and 457.08 (4) (intro.); to create 457.08 (6) and 457.085 of
the statutes; relating to: provisional social worker certificates and licenses.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from using the title Xsocial workerY without
holding a social worker certificate, and similarly prohibits the use of other titles
corresponding to higher levels of social work practice without a corresponding
credential for that level of social work practice. Those higher levels of social work
practice include advanced practice social work, independent social work, and
clinical social work. Current law further prohibits the practice of clinical social
work without a clinical social worker license. Current law specifies requirements
for obtaining these social worker credentials, all of which include a requirement of
passage of an examination.
This bill provides for an alternative pathway to obtain a social work credential
without passage of a national examination. Under the bill, an individual who has
taken the examination corresponding to a particular category of social work
credential and has not passed the examination, but who otherwise satisfies the
requirements for the credential, may obtain a provisional credential. With the
provisional credential, the individual is allowed to practice the corresponding level
of social work, may use the corresponding title, and is considered to be that level of
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social worker, but the individual must obtain at least three hours of supervision
during every 160 hours of practice, in accordance with the bill and rules
promulgated by the Marriage and Family Therapy, Professional Counseling, and
Social Work Examining Board and subject to periodic evaluation. Upon successful
completion of the supervised practice requirement, the individual must receive a
final evaluation and may obtain a corresponding nonprovisional social worker
credential without passage of the examination.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06
(1) (b), 457.085 (3), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
dates for credentials are as follows:
SECTION 2. 457.08 (1) (intro.) of the statutes is amended to read:
457.08 (1) SOCIAL WORKER CERTIFICATE. (intro.) The social worker section
shall grant a social worker certificate to an individual who qualifies under sub. (6)
(a) or s. 457.09 (5) (d) or to any individual who does all of the following:
SECTION 3. 457.08 (2) (intro.) of the statutes is amended to read:
457.08 (2) ADVANCED PRACTICE SOCIAL WORKER CERTIFICATE. (intro.) The
social worker section shall grant an advanced practice social worker certificate to
any an individual who qualifies under sub. (6) (b) or to an individual who is certified
under sub. (1) and does all of the following:
SECTION 4. 457.08 (3) (intro.) of the statutes is amended to read:
457.08 (3) INDEPENDENT SOCIAL WORKER CERTIFICATE. (intro.) The social
worker section shall grant an independent social worker certificate to any an
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individual who qualifies under sub. (6) (c) or to an individual who is certified under
sub. (1) and does all of the following:
SECTION 5. 457.08 (4) (intro.) of the statutes is amended to read:
457.08 (4) CLINICAL SOCIAL WORKER LICENSE. (intro.) The social worker
section shall grant a clinical social worker license to any an individual who qualifies
under sub. (6) (d) or to an individual who is certified under sub. (1) and does all of
the following:
SECTION 6. 457.08 (6) of the statutes is created to read:
457.08 (6) CERTIFICATE OR LICENSE BASED ON PROVISIONAL CERTIFICATE OR
LICENSE. (a) Upon satisfaction of the requirements in s. 457.06, the social worker
section shall grant a social worker certificate to an individual who has held a
provisional social worker certificate and whose completion of supervised practice
has been verified under s. 457.085 (4) (e) 2.
(b) Upon satisfaction of the requirements in s. 457.06, the social worker
section shall grant an advanced practice social worker certificate to an individual
who has held a provisional advanced practice social worker certificate and whose
completion of supervised practice has been verified under s. 457.085 (4) (e) 2.
(c) Upon satisfaction of the requirements in s. 457.06, the social worker
section shall grant an independent social worker certificate to an individual who
has held a provisional independent social worker certificate and whose completion
of supervised practice has been verified under s. 457.085 (4) (e) 2.
(d) Upon satisfaction of the requirements in s. 457.06, the social worker
section shall grant a clinical social worker license to an individual who has held a
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provisional clinical social worker license and whose completion of supervised
practice has been verified under s. 457.085 (4) (e) 2.
SECTION 7. 457.085 of the statutes is created to read:
457.085 Provisional social worker certificates and licenses. (1) The
social worker section shall grant a provisional social worker certificate, provisional
advanced practice social worker certificate, provisional independent social worker
certificate, or provisional clinical social worker license, as applicable, to any
individual who does all of the following:
(a) Submits an application for the provisional certificate or license to the
department on a form provided by the department.
(b) Pays the fee specified in s. 440.05 (6).
(c) Has taken the applicable national social work examination required under
s. 457.08 (1) (c), (2) (c), (3) (d), or (4) (d) and not passed the examination.
(d) Otherwise satisfies the requirements under s. 457.08 (1), (2), (3), or (4),
whichever is applicable with respect to the category of social work certificate or
license for which the applicant is applying.
(e) Has taken and passed an examination approved by the social worker
section that tests knowledge of state law relating to social work, if required under s.
457.08 (1) (c), (2) (c), (3) (d), or (4) (d).
(2) (a) 1. Notwithstanding s. 457.04 (1), a provisional social worker certificate
authorizes the holder to use the title specified in s. 457.04 (1) during the period in
which the certificate is valid.
2. A provisional social worker certificate holder is a social worker certified
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under this chapter for purposes of any law governing social workers certified under
this chapter.
(b) 1. Notwithstanding s. 457.04 (2), a provisional advanced practice social
worker certificate authorizes the holder to use the title specified in s. 457.04 (2)
during the period in which the certificate is valid.
2. A provisional advanced practice social worker certificate holder is an
advanced practice social worker certified under this chapter for purposes of any law
governing advanced practice social workers certified under this chapter.
(c) 1. Notwithstanding s. 457.04 (3), a provisional independent social worker
certificate authorizes the holder to use the title specified in s. 457.04 (3) during the
period in which the certificate is valid.
2. A provisional independent social worker certificate holder is an
independent social worker certified under this chapter for purposes of any law
governing independent social workers certified under this chapter.
(d) Notwithstanding s. 457.04 (4), a provisional clinical social worker license
authorizes the holder to practice clinical social work and use the title specified in s.
457.04 (4) during the period in which the license is valid.
(3) (a) A provisional certificate or license is valid for 36 months unless a
nonprovisional certificate or license is granted under s. 457.08 (6) before expiration
of the provisional certificate or license or unless the provisional certificate or
license is revoked before expiration.
(b) A provisional certificate or license may not be renewed.
(4) (a) During the period during which a provisional certificate or license is
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valid, the certificate or license holder shall work to obtain at least 37.5 hours of
supervision according to the requirements of this subsection and the rules
promulgated under sub. (6).
(b) 1. Twenty-five hours of supervision required by par. (a) must consist of
one-on-one in-person supervision.
2. Twelve and one-half hours of supervision required by par. (a) must consist
of one or more of the following types of supervision:
a. In-person, one-on-one supervision.
b. In-person group supervision. To qualify as in-person group supervision,
the group must not exceed 7 members including the supervisor.
(c) The supervision required by par. (a) must be obtained during the first
2,000 hours of social work practice after the date the provisional certificate or
license is granted. At least 3 hours of supervision must be obtained during every
160 hours of practice under a provisional certificate or license until a
nonprovisional certificate or license is granted under s. 457.08 (6).
(d) An individual granted a provisional certificate or license shall prepare and
submit, on a form provided by the department, a proposed supervision plan for
meeting the supervision requirements under this subsection. The social worker
section shall review the proposed supervision plan and shall, if the social worker
section is satisfied with the plan, approve the supervisor and the supervision plan.
(e) 1. After being granted a provisional certificate or license under sub. (1),
the provisional certificate or license holder[s supervisor shall submit to the social
worker section an evaluation every 6 months during the provisional certificate or
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license holder[s first 2,000 hours of social work practice under the provisional
certificate or license. The evaluation must meet the requirements established by
the examining board under sub. (6).
2. a. After completion of 2,000 hours of supervised social work practice, the
provisional certificate or license holder[s supervisor shall submit to the social
worker section a final evaluation in accordance with rules promulgated under sub.
(6) and attest to the provisional certificate or license holder[s ability to engage in
the applicable level of practice of social work competently and ethically.
b. Notwithstanding subd. 2. a., the social worker section may accept
alternative verification of supervised practice if a provisional certificate or license
holder demonstrates that he or she is unable to arrange for a former supervisor to
provide the required information.
(5) In addition to the grounds for discipline enumerated under s. 457.26 (2),
the social worker section may take any action specified under s. 457.26 (2) (intro.) if
the provisional certificate or license holder does not submit a supervision plan as
required under sub. (4) (d), if the social worker section does not approve a
supervisor and supervision plan as provided under sub. (4) (d), if the provisional
certificate or license holder fails to comply with the supervision plan under sub. (4)
(d), or if the provisional certificate or license holder otherwise fails to comply with
the requirements under this section.
(6) The examining board shall, upon the advice of the social worker section,
promulgate rules establishing all of the following:
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(a) Requirements for supervision and qualifications for supervisors under
sub. (4) (a) to (c).
(b) Requirements and procedures for supervision plans under sub. (4) (d),
including requirements and procedures for the preparation and approval of revised
supervision plans when necessary.
(c) Requirements for evaluations under sub. (4) (e).
(END)
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