Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB80 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1704/1
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4	4	2025 ASSEMBLY BILL 80
5	5	February 28, 2025 - Introduced by Representatives VANDERMEER, TITTL,
6	6	ANDERSON, BARE, DITTRICH, DOYLE, EMERSON, FRANKLIN, GREEN, GUNDRUM,
7	7	J. JACOBSON, JOERS, JOHNSON, KNODL, MELOTIK, MIRESSE, MOORE
8	8	OMOKUNDE, MURSAU, NOVAK, O'CONNOR, PHELPS, ROE, SINICKI, SNYDER,
9	9	STUBBS, UDELL and VINING, cosponsored by Senators STAFSHOLT, CABRAL-
10	10	GUEVARA, CARPENTER, DASSLER-ALFHEIM, DRAKE, JAMES, KEYESKI, LARSON,
11	11	PFAFF, SPREITZER, WALL and RATCLIFF. Referred to Committee on Children
12	12	and Families.
13	13
14	14	*AUTHORS SUBJECT TO CHANGE*
15	15	AN ACT to renumber 457.25 (1); to amend 46.90 (4) (ab) 4., 48.56 (2), 48.561
16	16	(2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1)
17	17	(r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 252.14 (1) (ar) 7., 252.15 (1) (er),
18	18	253.10 (2) (f), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (m),
19	19	450.10 (3) (a) 10., 457.01 (1c), 457.01 (1r), 457.01 (10), 457.02 (5) and (5m),
20	20	457.03 (2), 457.033, 457.035 (2), 457.04 (1), 457.04 (2), 457.04 (4), 457.04 (7),
21	21	457.09 (4) (b) 1., 457.09 (4) (b) 2., 457.24 (1), 457.26 (2) (intro.) and 905.04 (1)
22	22	(g); to repeal and recreate 632.89 (1) (dm); to create 14.898, 440.03 (11m) (c)
23	23	2v., 440.03 (13) (c) 1. id., 457.01 (5g), 457.01 (5j), 457.01 (12), 457.08 (4m),
24	24	457.25 (1g) and subchapter III of chapter 457 [precedes 457.70] of the statutes;
25	25	relating to: ratification of the Social Work Licensure Compact.
26	26	Analysis by the Legislative Reference Bureau
27	27	This bill ratifies and enters Wisconsin into the Social Work Licensure
28	28	Compact, which provides for the ability of a social worker to become eligible to
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43	43	practice in other compact states. Significant provisions of the compact include the
44	44	following:
45	45	1. The creation of a Social Work Licensure Compact Commission, which
46	46	includes one member or administrator of the licensure authorities of each member
47	47	state. The commission has various powers and duties granted in the compact,
48	48	including establishing bylaws, promulgating binding rules for the compact, hiring
49	49	officers, electing or appointing employees, and establishing and electing an
50	50	executive committee. The commission may levy on and collect an annual
51	51	assessment from each member state or impose fees on licensees of member states to
52	52	cover the cost of the operations and activities of the commission and its staff.
53	53	2. The ability for a social worker who is licensed in a home state and satisfies
54	54	certain other criteria to obtain a multistate license, which allows a social worker to
55	55	practice social work in all other compact states (remote states) under a multistate
56	56	authorization to practice. The compact specifies a number of requirements in order
57	57	for an individual to obtain a social worker multistate license, including holding or
58	58	being eligible for a social worker license in a home state, paying any required fees,
59	59	and satisfying a number of criteria that are specific to the category of social work
60	60	license the individual is seeking—bachelor[s, master[s, or clinical. A regulated
61	61	social worker[s services in a remote state are subject to that member state[s
62	62	regulatory authority. A remote state may take actions against a social worker[s
63	63	multistate authorization to practice within that remote state, and if any adverse
64	64	action is taken by a home state against a licensee[s multistate license, the social
65	65	worker[s multistate authorization to practice in all other member states is
66	66	deactivated until all encumbrances have been removed from the multistate license.
67	67	3. The ability of member states to issue subpoenas that are enforceable in
68	68	other states.
69	69	4. The creation of a coordinated data system containing licensure and
70	70	disciplinary action information on social workers. The compact requires all home
71	71	state disciplinary orders that impose adverse actions against the license of a
72	72	regulated social worker to include a statement that the regulated social worker[s
73	73	multistate authorization to practice is deactivated in all member states until all
74	74	conditions of the decision, order, or agreement are satisfied. A member state must
75	75	submit a uniform data set to the data system on all individuals to whom the
76	76	compact is applicable as required by the rules of the commission.
77	77	5. Provisions regarding resolutions of disputes among member states and
78	78	between member and nonmember states, including a process for termination of a
79	79	state[s membership in the compact if the state defaults on its obligations under the
80	80	compact.
81	81	Since the compact has already been enacted by the minimum number of states
82	82	required for it to become active, the compact becomes effective in this state upon
83	83	enactment of the bill. The compact provides that it may be amended upon
84	84	enactment of an amendment by all member states. A state may withdraw from the
85	85	compact by repealing the statute authorizing the compact, but the compact provides 2025 - 2026 Legislature
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89	89	SECTION 1
90	90	that a withdrawal does not take effect until 180 days after the effective date of that
91	91	repeal.
92	92	For further information see the state fiscal estimate, which will be printed as
93	93	an appendix to this bill.
94	94	The people of the state of Wisconsin, represented in senate and assembly, do
95	95	enact as follows:
96	96	SECTION 1. 14.898 of the statutes is created to read:
97	97	14.898 Social work licensure compact. There is created a social work
98	98	licensure compact commission as specified in s. 457.70. The delegate on the
99	99	commission representing this state shall be appointed by the marriage and family
100	100	therapy, professional counseling, and social work examining board as provided in s.
101	101	457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
102	102	The commission has the powers and duties granted and imposed under s. 457.70.
103	103	SECTION 2. 46.90 (4) (ab) 4. of the statutes is amended to read:
104	104	46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and
105	105	family therapist certified under, as those terms are defined in subch. I of ch. 457 or
106	106	a professional counselor who is exercising the privilege to practice, as defined in s.
107	107	457.50 (2) (s), in this state.
108	108	SECTION 3. 48.56 (2) of the statutes is amended to read:
109	109	48.56 (2) Each county department shall employ personnel who devote all or
110	110	part of their time to child welfare services. Whenever possible, these personnel
111	111	shall be social workers certified under subch. I of ch. 457, as defined in s. 457.01
112	112	(10).
113	113	SECTION 4. 48.561 (2) of the statutes is amended to read:
114	114	48.561 (2) The department shall employ personnel in a county having a
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137	137	SECTION 4
138	138	population of 750,000 or more who devote all of their time directly or indirectly to
139	139	child welfare services. Whenever possible, these personnel shall be social workers
140	140	certified under subch. I of ch. 457, as defined in s. 457.01 (10).
141	141	SECTION 5. 49.45 (30j) (a) 1. of the statutes is amended to read:
142	142	49.45 (30j) (a) 1. XCompetent mental health professionalY means a physician
143	143	who has completed a residence in psychiatry; a psychologist; a private practice
144	144	school psychologist who is licensed under ch. 455; a marriage and family therapist
145	145	who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed
146	146	under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to
147	147	practice, as defined in s. 457.50 (2) (s) 457.01 (7), in this state; an advanced practice
148	148	social worker who holds a certificate under s. 457.08 (2), as defined in s. 457.01 (1c);
149	149	an independent social worker who holds a certificate under s. 457.08 (3), as defined
150	150	in s. 457.01 (2g); a clinical social worker who is licensed under s. 457.08 (4), as
151	151	defined in s. 457.01 (1r); a clinical substance abuse counselor or independent
152	152	clinical supervisor who is certified under s. 440.88, or any of these individuals who
153	153	is practicing under a currently valid training or temporary license or certificate
154	154	granted under applicable provisions of ch. 457. XCompetent mental health
155	155	professionalY does not include an individual whose license, certificate, or privilege
156	156	is suspended, revoked, or voluntarily surrendered, or whose license, certificate, or
157	157	privilege is limited or restricted, when practicing in areas prohibited by the
158	158	limitation or restriction.
159	159	SECTION 6. 51.03 (6) (a) of the statutes is amended to read:
160	160	51.03 (6) (a) In this subsection, Xlicensed treatment professionalY means a
161	161	physician who has completed a residence in psychiatry; a psychologist; a private
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189	189	SECTION 6
190	190	practice school psychologist who is licensed under ch. 455; a marriage and family
191	191	therapist who is licensed under s. 457.10 or 457.11, as defined in s. 457.01 (3); a
192	192	professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising
193	193	the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this
194	194	state, as defined in s. 457.01 (7); an advanced practice social worker who holds a
195	195	certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
196	196	worker who is licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical
197	197	social worker who is licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any
198	198	of these individuals who is practicing under a currently valid training or temporary
199	199	license or certificate granted under applicable provisions of ch. 457. XLicensed
200	200	treatment professionalY does not include an individual whose license, certificate, or
201	201	privilege is suspended, revoked, or voluntarily surrendered, or whose license,
202	202	certificate, or privilege is limited or restricted, when practicing in areas prohibited
203	203	by the limitation or restriction.
204	204	SECTION 7. 55.043 (1m) (a) 4. of the statutes is amended to read:
205	205	55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
206	206	family therapist certified under, as those terms are defined in subch. I of ch. 457 or
207	207	a professional counselor who is exercising the privilege to practice, as defined in s.
208	208	457.50 (2) (s), in this state.
209	209	SECTION 8. 146.81 (1) (hg) of the statutes is amended to read:
210	210	146.81 (1) (hg) A social worker, marriage and family therapist, or professional
211	211	counselor certified or licensed under, as those terms are defined in subch. I of ch.
212	212	457 or a professional counselor who is exercising the privilege to practice, as defined
213	213	in s. 457.50 (2) (s), in this state.
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241	241	SECTION 9
242	242	SECTION 9. 146.89 (1) (r) 6. of the statutes is amended to read:
243	243	146.89 (1) (r) 6. A social worker who holds a certificate granted under subch.
244	244	I of ch. 457, as defined in s. 457.01 (10).
245	245	SECTION 10. 146.89 (1) (r) 7. of the statutes is amended to read:
246	246	146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch.
247	247	I of ch. 457, as defined in s. 457.01 (3) or a professional counselor who is licensed
248	248	under subch. I of ch. 457, as defined in s. 457.01 (7).
249	249	SECTION 11. 146.997 (1) (d) 11. of the statutes is amended to read:
250	250	146.997 (1) (d) 11. A social worker, marriage and family therapist or
251	251	professional counselor certified under, as those terms are defined in subch. I of ch.
252	252	457 or a professional counselor who is exercising the privilege to practice, as defined
253	253	in s. 457.50 (2) (s), in this state.
254	254	SECTION 12. 252.14 (1) (ar) 7. of the statutes is amended to read:
255	255	252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
256	256	professional counselor certified or licensed under, as those terms are defined in
257	257	subch. I of ch. 457 or a professional counselor who is exercising the privilege to
258	258	practice, as defined in s. 457.50 (2) (s), in this state.
259	259	SECTION 13. 252.15 (1) (er) of the statutes is amended to read:
260	260	252.15 (1) (er) XSocial workerY means an individual who is certified or
261	261	licensed as a social worker, advanced practice social worker, independent social
262	262	worker, or clinical social worker under, as those terms are defined in subch. I of ch.
263	263	457.
264	264	SECTION 14. 253.10 (2) (f) of the statutes is amended to read:
265	265	253.10 (2) (f) XQualified person assisting the physicianY means a social
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293	293	SECTION 14
294	294	worker certified under subch. I of ch. 457, as defined in s. 457.01 (10), a registered
295	295	nurse or a physician assistant to whom a physician who is to perform or induce an
296	296	abortion has delegated the responsibility, as the physician[s agent, for providing the
297	297	information required under sub. (3) (c) 2.
298	298	SECTION 15. 303.08 (1) (f) of the statutes is amended to read:
299	299	303.08 (1) (f) Obtaining counseling or therapy from an approved public
300	300	treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
301	301	facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed
302	302	clinical social worker, as defined in s. 457.01 (1r), a professional counselor, as
303	303	defined in s. 457.01 (7), or a certified an independent social worker, as defined in s.
304	304	457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c), who
305	305	is authorized to practice psychotherapy under subch. I of ch. 457.
306	306	SECTION 16. 440.03 (11m) (c) 2v. of the statutes is created to read:
307	307	440.03 (11m) (c) 2v. The coordinated data system under s. 457.70 (11), if such
308	308	disclosure is required under the social work licensure compact under s. 457.70.
309	309	SECTION 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
310	310	440.03 (13) (b) (intro.) The department may investigate whether an applicant
311	311	for or holder of any of the following credentials has been charged with or convicted
312	312	of a crime only pursuant to rules promulgated by the department under this
313	313	paragraph, including rules that establish the criteria that the department will use
314	314	to determine whether an investigation under this paragraph is necessary, except as
315	315	provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3.,
316	316	448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 455.50 (3) (e)
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343	343	SECTION 17
344	344	4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and
345	345	459.70 (3) (b) 2.:
346	346	SECTION 18. 440.03 (13) (c) 1. id. of the statutes is created to read:
347	347	440.03 (13) (c) 1. id. An applicant for any category of social worker multistate
348	348	license under s. 457.08 (4m) when required pursuant to the social work licensure
349	349	compact under s. 457.70.
350	350	SECTION 19. 440.15 of the statutes is amended to read:
351	351	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
352	352	441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
353	353	5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3)
354	354	(e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and
355	355	459.70 (3) (b) 1., the department or a credentialing board may not require that an
356	356	applicant for a credential or a credential holder be fingerprinted or submit
357	357	fingerprints in connection with the department[s or the credentialing board[s
358	358	credentialing.
359	359	SECTION 20. 446.01 (1v) (m) of the statutes is amended to read:
360	360	446.01 (1v) (m) Marriage and family therapy, professional counseling, and
361	361	social work examining board under subch. I of ch. 457. XHealth care professionalY
362	362	also includes an individual who is exercising the professional counselor privilege to
363	363	practice, as defined in s. 457.50 (2) (s), in this state and an individual who is
364	364	exercising a multistate authorization to practice, as defined in s. 457.70 (2) (q),
365	365	under any category of social worker multistate license, as defined in s. 457.70 (2) (r),
366	366	in this state.
367	367	SECTION 21. 450.10 (3) (a) 10. of the statutes is amended to read:
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395	395	SECTION 21
396	396	450.10 (3) (a) 10. A social worker, marriage and family therapist, or
397	397	professional counselor certified or licensed under, as those terms are defined in
398	398	subch. I of ch. 457 or a professional counselor who is exercising the privilege to
399	399	practice, as defined in s. 457.50 (2) (s), in this state.
400	400	SECTION 22. 457.01 (1c) of the statutes is amended to read:
401	401	457.01 (1c) XAdvanced practice social workerY means an individual who holds
402	402	an advanced practice social worker certificate granted by the social worker section
403	403	or who is exercising a multistate authorization to practice under a master[s-
404	404	category multistate license.
405	405	SECTION 23. 457.01 (1r) of the statutes is amended to read:
406	406	457.01 (1r) XClinical social workerY means an individual who holds a license
407	407	to practice clinical social work granted by the social worker section or who is
408	408	exercising a multistate authorization to practice under a clinical-category
409	409	multistate license.
410	410	SECTION 24. 457.01 (5g) of the statutes is created to read:
411	411	457.01 (5g) XMultistate authorization to practiceY means the multistate
412	412	authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice
413	413	the appropriate category of social work in this state under a multistate license
414	414	granted by another state that is a party to the social work licensure compact.
415	415	SECTION 25. 457.01 (5j) of the statutes is created to read:
416	416	457.01 (5j) XMultistate licenseY has the meaning given in s. 457.70 (2) (r).
417	417	SECTION 26. 457.01 (10) of the statutes is amended to read:
418	418	457.01 (10) XSocial workerY means an individual who holds a social worker
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446	446	certificate granted by the social worker section or who is exercising a multistate
447	447	authorization to practice under a bachelor[s-category multistate license.
448	448	SECTION 27. 457.01 (12) of the statutes is created to read:
449	449	457.01 (12) XSocial work licensure compactY means the social work licensure
450	450	compact under s. 457.70.
451	451	SECTION 28. 457.02 (5) and (5m) of the statutes are amended to read:
452	452	457.02 (5) Authorize any individual who is certified under s. 457.08 (1),
453	453	457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to
454	454	practice to use the title Xalcohol and drug counselorY or Xchemical dependency
455	455	counselorY unless the individual is certified as an alcohol and drug counselor or as
456	456	a chemical dependency counselor through a process recognized by the department.
457	457	(5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1),
458	458	or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to
459	459	treat substance use disorder as a specialty unless the individual is a certified
460	460	substance abuse counselor, clinical supervisor, or prevention specialist under s.
461	461	440.88, or unless the individual satisfies educational and supervised training
462	462	requirements established in rules promulgated by the examining board. In
463	463	promulgating rules under this subsection, the examining board shall consider the
464	464	requirements for qualifying as a certified substance abuse counselor, clinical
465	465	supervisor, or prevention specialist under s. 440.88.
466	466	SECTION 29. 457.03 (2) of the statutes is amended to read:
467	467	457.03 (2) Upon the advice of the social worker section, marriage and family
468	468	therapist section, and professional counselor section, promulgate rules establishing
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492	492	ASSEMBLY BILL 80
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494	494	MED:emw
495	495	SECTION 29
496	496	a code of ethics to govern the professional conduct of certificate credential holders
497	497	and licensees individuals exercising a multistate authorization to practice. The
498	498	rules shall specify the services included within the practice of social work, advanced
499	499	practice social work, or independent social work that an individual who is certified
500	500	under this subchapter as a social worker, advanced practice social worker, or
501	501	independent social worker may perform and the degree of supervision, if any,
502	502	required to perform those services.
503	503	SECTION 30. 457.033 of the statutes is amended to read:
504	504	457.033 Psychometric testing. The marriage and family therapy,
505	505	professional counseling, and social work examining board and the psychology
506	506	examining board shall jointly promulgate rules that specify the different levels of
507	507	psychometric testing that an individual who is certified or licensed under this
508	508	subchapter a credential holder, or an individual who holds a valid professional
509	509	counselor privilege to practice in this state is exercising a multistate authorization
510	510	to practice, is qualified to perform. Such rules shall be consistent with the
511	511	guidelines of the American Psychological Association, or other nationally
512	512	recognized guidelines, for performing psychometric testing. A certificate credential
513	513	holder, licensee, or holder of a professional counselor privilege or individual who is
514	514	exercising a multistate authorization to practice may not engage in psychometric
515	515	testing except as provided under the rules promulgated under this section.
516	516	SECTION 31. 457.035 (2) of the statutes is amended to read:
517	517	457.035 (2) The individual is certified as an advanced practice social worker
518	518	or independent social worker and the individual engages in psychotherapy only
519	519	under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.
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547	547	SECTION 32
548	548	SECTION 32. 457.04 (1) of the statutes is amended to read:
549	549	457.04 (1) Use the title Xsocial workerY unless the person is certified as a
550	550	social worker under this subchapter or holds a bachelor[s-category multistate
551	551	license granted in another state that is a party to the social work licensure compact.
552	552	SECTION 33. 457.04 (2) of the statutes is amended to read:
553	553	457.04 (2) Use the title Xadvanced practice social workerY unless the person is
554	554	certified as an advanced practice social worker under this subchapter or holds a
555	555	master[s-category multistate license granted in another state that is a party to the
556	556	social work licensure compact.
557	557	SECTION 34. 457.04 (4) of the statutes is amended to read:
558	558	457.04 (4) Practice clinical social work or designate himself or herself as a
559	559	clinical social worker or use or assume the title Xclinical social workerY or any other
560	560	title or designation that represents or may tend to represent the person as a clinical
561	561	social worker unless the person is licensed as a clinical social worker under this
562	562	subchapter or holds a clinical-category multistate license granted in another state
563	563	that is a party to the social work licensure compact or unless the person is certified
564	564	under this subchapter as an advanced practice social worker or independent social
565	565	worker or holds a master[s-category multistate license granted in another state that
566	566	is a party to the social work licensure compact, and the person practices clinical
567	567	social work under the supervision of a person who is licensed as a clinical social
568	568	worker under this subchapter.
569	569	SECTION 35. 457.04 (7) of the statutes is amended to read:
570	570	457.04 (7) Practice psychotherapy unless the person is licensed under this
571	571	subchapter, holds a valid professional counselor privilege to practice in this state, or
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599	599	SECTION 35
600	600	is a certificate holder who may practice psychotherapy under except in accordance
601	601	with the rules promulgated under ss. 457.03 and 457.035.
602	602	SECTION 36. 457.08 (4m) of the statutes is created to read:
603	603	457.08 (4m) MULTISTATE SOCIAL WORK LICENSES. (a) The social worker
604	604	section shall grant a clinical-category multistate license to any of the following:
605	605	1. An individual who holds or is eligible for a clinical social worker license
606	606	under sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays
607	607	the fee specified in s. 440.05 (1).
608	608	2. An individual who holds a clinical-category multistate license in another
609	609	state that is a party to the social work licensure compact, has changed his or her
610	610	state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
611	611	(b), and pays the fee specified in s. 440.05 (1).
612	612	(b) The social worker section shall grant a master[s-category multistate
613	613	license to any of the following:
614	614	1. An individual who holds or is eligible for an advanced practice social worker
615	615	certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c),
616	616	and pays the fee specified in s. 440.05 (1).
617	617	2. An individual who holds a master[s-category multistate license in another
618	618	state that is a party to the social work licensure compact, has changed his or her
619	619	state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
620	620	(b), and pays the fee specified in s. 440.05 (1).
621	621	(c) The social worker section shall grant a bachelor[s-category multistate
622	622	license to any of the following:
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649	649	SECTION 36
650	650	1. An individual who holds or is eligible for a social worker certificate under
651	651	sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee
652	652	specified in s. 440.05 (1).
653	653	2. An individual who holds a bachelor[s-category multistate license in another
654	654	state that is a party to the social work licensure compact, has changed his or her
655	655	state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
656	656	(b), and pays the fee specified in s. 440.05 (1).
657	657	SECTION 37. 457.09 (4) (b) 1. of the statutes is amended to read:
658	658	457.09 (4) (b) 1. A human services internship that involves direct practice
659	659	with clients and that is supervised by a social worker certified under this
660	660	subchapter who has a bachelor[s or master[s degree in social work.
661	661	SECTION 38. 457.09 (4) (b) 2. of the statutes is amended to read:
662	662	457.09 (4) (b) 2. One year of social work employment that involves direct
663	663	practice with clients and that is supervised by a social worker certified under this
664	664	subchapter who has a bachelor[s or master[s degree in social work.
665	665	SECTION 39. 457.24 (1) of the statutes is amended to read:
666	666	457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
667	667	worker, marriage and family therapist, or professional counselor under this
668	668	subchapter or who is exercising the professional counselor privilege to practice in
669	669	this state may not practice clinical social work, marriage and family therapy, or
670	670	professional counseling unless he or she has in effect professional liability
671	671	insurance. The examining board shall promulgate rules establishing the minimum
672	672	amount of insurance required under this subsection.
673	673	SECTION 40. 457.25 (1) of the statutes is renumbered 457.25 (1r).
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700	700	MED:emw
701	701	SECTION 41
702	702	SECTION 41. 457.25 (1g) of the statutes is created to read:
703	703	457.25 (1g) In this section, Xcredential holderY includes an individual
704	704	practicing under a multistate authorization to practice.
705	705	SECTION 42. 457.26 (2) (intro.) of the statutes is amended to read:
706	706	457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
707	707	appropriate section of the examining board may reprimand a credential holder or
708	708	an individual practicing under a multistate authorization to practice or deny, limit,
709	709	suspend, or revoke a credential under this subchapter or a multistate authorization
710	710	to practice if it finds that the applicant or credential holder or individual has done
711	711	any of the following:
712	712	SECTION 43. Subchapter III of chapter 457 [precedes 457.70] of the statutes is
713	713	created to read:
714	714	CHAPTER 457
715	715	SUBCHAPTER III
716	716	SOCIAL WORK LICENSURE COMPACT
717	717	457.70 Social work licensure compact. (1) PURPOSE. The purpose of this
718	718	compact is to facilitate interstate practice of regulated social workers by improving
719	719	public access to competent social work services. The compact preserves the
720	720	regulatory authority of states to protect public health and safety through the
721	721	current system of state licensure. This compact is designed to achieve the following
722	722	objectives:
723	723	(a) Increase public access to social work services;
724	724	(b) Reduce overly burdensome and duplicative requirements associated with
725	725	holding multiple licenses;
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754	754	(c) Enhance the member states[ ability to protect the public[s health and
755	755	safety;
756	756	(d) Encourage the cooperation of member states in regulating multistate
757	757	practice;
758	758	(e) Promote mobility and address workforce shortages by eliminating the
759	759	necessity for licenses in multiple states by providing for the mutual recognition of
760	760	other member state licenses;
761	761	(f) Support military families;
762	762	(g) Facilitate the exchange of licensure and disciplinary information among
763	763	member states;
764	764	(h) Authorize all member states to hold a regulated social worker accountable
765	765	for abiding by a member state[s laws, regulations, and applicable professional
766	766	standards in the member state in which the client is located at the time care is
767	767	rendered; and
768	768	(i) Allow for the use of telehealth to facilitate increased access to regulated
769	769	social work services.
770	770	(2) DEFINITIONS. As used in this compact, and except as otherwise provided,
771	771	the following definitions shall apply:
772	772	(a) XActive military memberY means any individual with full-time duty status
773	773	in the active armed forces of the United States including members of the national
774	774	guard and reserve.
775	775	(b) XAdverse actionY means any administrative, civil, equitable or criminal
776	776	action permitted by a state[s laws which is imposed by a licensing authority or other
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802	802	MED:emw
803	803	SECTION 43
804	804	authority against a regulated social worker, including actions against an
805	805	individual[s license or multistate authorization to practice such as revocation,
806	806	suspension, probation, monitoring of the licensee, limitation on the licensee[s
807	807	practice, or any other encumbrance on licensure affecting a regulated social
808	808	worker[s authorization to practice, including issuance of a cease and desist action.
809	809	(c) XAlternative programY means a nondisciplinary monitoring or practice
810	810	remediation process approved by a licensing authority to address practitioners with
811	811	an impairment.
812	812	(d) XCharter member statesY means member states who have enacted
813	813	legislation to adopt this compact where such legislation predates the effective date
814	814	of this compact as described in sub. (14).
815	815	(e) XCompact commissionY or XcommissionY means the government agency
816	816	whose membership consists of all states that have enacted this compact, which is
817	817	known as the social work licensure compact commission, as described in sub. (10),
818	818	and which shall operate as an instrumentality of the member states.
819	819	(f) XCurrent significant investigative informationY means:
820	820	1. Investigative information that a licensing authority, after a preliminary
821	821	inquiry that includes notification and an opportunity for the regulated social
822	822	worker to respond has reason to believe is not groundless and, if proved true, would
823	823	indicate more than a minor infraction as may be defined by the commission; or
824	824	2. Investigative information that indicates that the regulated social worker
825	825	represents an immediate threat to public health and safety, as may be defined by
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851	851	SECTION 43
852	852	the commission, regardless of whether the regulated social worker has been notified
853	853	and has had an opportunity to respond.
854	854	(g) XData systemY means a repository of information about licensees,
855	855	including, continuing education, examination, licensure, current significant
856	856	investigative information, disqualifying event, multistate license(s) and adverse
857	857	action information or other information as required by the commission.
858	858	(h) XDisqualifying eventY means any adverse action or incident which results
859	859	in an encumbrance that disqualifies or makes the licensee ineligible to either
860	860	obtain, retain or renew a multistate license.
861	861	(i) XDomicileY means the jurisdiction in which the licensee resides and
862	862	intends to remain indefinitely.
863	863	(j) XEncumbranceY means a revocation or suspension of, or any limitation on,
864	864	the full and unrestricted practice of social work licensed and regulated by a
865	865	licensing authority.
866	866	(k) XExecutive committeeY means a group of delegates elected or appointed to
867	867	act on behalf of, and within the powers granted to them by, the compact and
868	868	commission.
869	869	(L) XHome stateY means the member state that is the licensee[s primary
870	870	domicile.
871	871	(m) XImpairmentY means a condition(s) that may impair a practitioner[s
872	872	ability to engage in full and unrestricted practice as a regulated social worker
873	873	without some type of intervention and may include alcohol and drug dependence,
874	874	mental health impairment, and neurological or physical impairments.
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901	901	SECTION 43
902	902	(n) XLicensee(s)Y means an individual who currently holds a license from a
903	903	state to practice as a regulated social worker.
904	904	(o) XLicensing authorityY means the board or agency of a member state, or
905	905	equivalent, that is responsible for the licensing and regulation of regulated social
906	906	workers.
907	907	(p) XMember stateY means a state, commonwealth, district, or territory of the
908	908	United States of America that has enacted this compact.
909	909	(q) XMultistate authorization to practiceY means a legally authorized privilege
910	910	to practice, which is equivalent to a license, associated with a multistate license
911	911	permitting the practice of social work in a remote state.
912	912	(r) XMultistate licenseY means a license to practice as a regulated social
913	913	worker issued by a home state licensing authority that authorizes the regulated
914	914	social worker to practice in all member states under multistate authorization to
915	915	practice.
916	916	(s) XQualifying national examY means a national licensing examination
917	917	approved by the commission.
918	918	(t) XRegulated social workerY means any clinical, master[s or bachelor[s social
919	919	worker licensed by a member state regardless of the title used by that member
920	920	state.
921	921	(u) XRemote stateY means a member state other than the licensee[s home
922	922	state.
923	923	(v) XRule(s)Y or Xrule(s) of the commissionY means a regulation or regulations
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949	949	SECTION 43
950	950	duly promulgated by the commission, as authorized by the compact, that has the
951	951	force of law.
952	952	(w) XSingle state licenseY means a social work license issued by any state that
953	953	authorizes practice only within the issuing state and does not include multistate
954	954	authorization to practice in any member state.
955	955	(x) XSocial workY or Xsocial work servicesY means the application of social
956	956	work theory, knowledge, methods, ethics, and the professional use of self to restore
957	957	or enhance social, psychosocial, or biopsychosocial functioning of individuals,
958	958	couples, families, groups, organizations, and communities through the care and
959	959	services provided by a regulated social worker as set forth in the member state[s
960	960	statutes and regulations in the state where the services are being provided.
961	961	(y) XStateY means any state, commonwealth, district, or territory of the
962	962	United States of America that regulates the practice of social work.
963	963	(z) XUnencumbered licenseY means a license that authorizes a regulated
964	964	social worker to engage in the full and unrestricted practice of social work.
965	965	(3) STATE PARTICIPATION IN THE COMPACT. (a) To be eligible to participate in
966	966	the compact, a potential member state must currently meet all of the following
967	967	criteria:
968	968	1. License and regulate the practice of social work at either the clinical,
969	969	master[s, or bachelor[s category.
970	970	2. Require applicants for licensure to graduate from a program that is:
971	971	a. Operated by a college or university recognized by the licensing authority;
972	972	b. Accredited, or in candidacy by an institution that subsequently becomes
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999	999	SECTION 43
1000	1000	accredited, by an accrediting agency recognized by either the Council for Higher
1001	1001	Education Accreditation, or its successor; or the United States department of
1002	1002	education; and
1003	1003	c. Corresponds to the licensure sought as outlined in sub. (4).
1004	1004	3. Require applicants for clinical licensure to complete a period of supervised
1005	1005	practice.
1006	1006	4. Have a mechanism in place for receiving, investigating, and adjudicating
1007	1007	complaints about licensees.
1008	1008	(b) To maintain membership in the compact a member state shall:
1009	1009	1. Require that applicants for a multistate license pass a qualifying national
1010	1010	exam for the corresponding category of multistate license sought as outlined in sub.
1011	1011	(4).
1012	1012	2. Participate fully in the commission[s data system, including using the
1013	1013	commission[s unique identifier as defined in rules;
1014	1014	3. Notify the commission, in compliance with the terms of the compact and
1015	1015	rules, of any adverse action or the availability of current significant investigative
1016	1016	information regarding a licensee;
1017	1017	4. Implement procedures for considering the criminal history records of
1018	1018	applicants for a multistate license. Such procedures shall include the submission of
1019	1019	fingerprints or other biometric-based information by applicants for the purpose of
1020	1020	obtaining an applicant[s criminal history record information from the federal
1021	1021	bureau of investigation and the agency responsible for retaining that state[s
1022	1022	criminal records.
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1050	1050	5. Comply with the rules of the commission;
1051	1051	6. Require an applicant to obtain or retain a license in the home state and
1052	1052	meet the home state[s qualifications for licensure or renewal of licensure, as well as
1053	1053	all other applicable home state laws;
1054	1054	7. Authorize a licensee holding a multistate license in any member state to
1055	1055	practice in accordance with the terms of the compact and rules of the commission;
1056	1056	and
1057	1057	8. Designate a delegate to participate in the commission meetings.
1058	1058	(c) A member state meeting the requirements of pars. (a) and (b) shall
1059	1059	designate the categories of social work licensure that are eligible for issuance of a
1060	1060	multistate license for applicants in such member state. To the extent that any
1061	1061	member state does not meet the requirements for participation in the compact at
1062	1062	any particular category of social work licensure, such member state may choose, but
1063	1063	is not obligated to, issue a multistate license to applicants that otherwise meet the
1064	1064	requirements of sub. (4) for issuance of a multistate license in such category or
1065	1065	categories of licensure.
1066	1066	(d) The home state may charge a fee for granting the multistate license.
1067	1067	(4) SOCIAL WORKER PARTICIPATION IN THE COMPACT. (a) To be eligible for a
1068	1068	multistate license under the terms and provisions of the compact, an applicant,
1069	1069	regardless of category must:
1070	1070	1. Hold or be eligible for an active, unencumbered license in the home state;
1071	1071	2. Pay any applicable fees, including any state fee, for the multistate license;
1072	1072	3. Submit, in connection with an application for a multistate license,
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1100	1100	fingerprints or other biometric data for the purpose of obtaining criminal history
1101	1101	record information from the federal bureau of investigation and the agency
1102	1102	responsible for retaining that state[s criminal records.
1103	1103	4. Notify the home state of any adverse action, encumbrance, or restriction on
1104	1104	any professional license taken by any member state or nonmember state within 30
1105	1105	days from the date the action is taken.
1106	1106	5. Meet any continuing competence requirements established by the home
1107	1107	state;
1108	1108	6. Abide by the laws, regulations, and applicable standards in the member
1109	1109	state where the client is located at the time care is rendered.
1110	1110	(b) An applicant for a clinical-category multistate license must meet all of the
1111	1111	following requirements:
1112	1112	1. Fulfill a competency requirement, which shall be satisfied by either:
1113	1113	a. Passage of a clinical-category qualifying national exam; or
1114	1114	b. Licensure of the applicant in their home state at the clinical category,
1115	1115	beginning prior to such time as a qualifying national exam was required by the
1116	1116	home state and accompanied by a period of continuous social work licensure
1117	1117	thereafter, all of which may be further governed by the rules of the commission; or
1118	1118	c. The substantial equivalency of the foregoing competency requirements
1119	1119	which the commission may determine by rule.
1120	1120	2 Attain at least a master[s degree in social work from a program that is:
1121	1121	a. Operated by a college or university recognized by the licensing authority;
1122	1122	and
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1149	1149	SECTION 43
1150	1150	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1151	1151	accrediting agency recognized by either the Council for Higher Education
1152	1152	Accreditation or its successor; or the United States department of education.
1153	1153	3. Fulfill a practice requirement, which shall be satisfied by demonstrating
1154	1154	completion of either:
1155	1155	a. A period of postgraduate supervised clinical practice equal to a minimum of
1156	1156	3,000 hours; or
1157	1157	b. A minimum of 2 years of full-time postgraduate supervised clinical
1158	1158	practice; or
1159	1159	c. The substantial equivalency of the foregoing practice requirements which
1160	1160	the commission may determine by rule.
1161	1161	(c) An applicant for a master[s-category multistate license must meet all of
1162	1162	the following requirements:
1163	1163	1. Fulfill a competency requirement, which shall be satisfied by either:
1164	1164	a. Passage of a masters-category qualifying national exam;
1165	1165	b. Licensure of the applicant in their home state at the master[s category,
1166	1166	beginning prior to such time as a qualifying national exam was required by the
1167	1167	home state at the master[s category and accompanied by a continuous period of
1168	1168	social work licensure thereafter, all of which may be further governed by the rules of
1169	1169	the commission; or
1170	1170	c. The substantial equivalency of the foregoing competency requirements
1171	1171	which the commission may determine by rule.
1172	1172	2. Attain at least a master[s degree in social work from a program that is:
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1199	1199	SECTION 43
1200	1200	a. Operated by a college or university recognized by the licensing authority;
1201	1201	and
1202	1202	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1203	1203	accrediting agency recognized by either the Council for Higher Education
1204	1204	Accreditation or its successor; or the United States department of education.
1205	1205	(d) An applicant for a bachelor[s-category multistate license must meet all of
1206	1206	the following requirements:
1207	1207	1. Fulfill a competency requirement, which shall be satisfied by either:
1208	1208	a. Passage of a bachelor[s-category qualifying national exam;
1209	1209	b. Licensure of the applicant in their home state at the bachelor[s category,
1210	1210	beginning prior to such time as a qualifying national exam was required by the
1211	1211	home state and accompanied by a period of continuous social work licensure
1212	1212	thereafter, all of which may be further governed by the rules of the commission; or
1213	1213	c. The substantial equivalency of the foregoing competency requirements
1214	1214	which the commission may determine by rule.
1215	1215	2. Attain at least a bachelor[s degree in social work from a program that is:
1216	1216	a. Operated by a college or university recognized by the licensing authority;
1217	1217	and
1218	1218	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1219	1219	accrediting agency recognized by either the Council for Higher Education
1220	1220	Accreditation or its successor; or the United States department of education.
1221	1221	(e) The multistate license for a regulated social worker is subject to the
1222	1222	renewal requirements of the home state. The regulated social worker must
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1249	1249	SECTION 43
1250	1250	maintain compliance with the requirements of par. (a) to be eligible to renew a
1251	1251	multistate license.
1252	1252	(f) The regulated social worker[s services in a remote state are subject to that
1253	1253	member state[s regulatory authority. A remote state may, in accordance with due
1254	1254	process and that member state[s laws, remove a regulated social worker[s
1255	1255	multistate authorization to practice in the remote state for a specific period of time,
1256	1256	impose fines, and take any other necessary actions to protect the health and safety
1257	1257	of its citizens.
1258	1258	(g) If a multistate license is encumbered, the regulated social worker[s
1259	1259	multistate authorization to practice shall be deactivated in all remote states until
1260	1260	the multistate license is no longer encumbered.
1261	1261	(h) If a multistate authorization to practice is encumbered in a remote state,
1262	1262	the regulated social worker[s multistate authorization to practice may be
1263	1263	deactivated in that state until the multistate authorization to practice is no longer
1264	1264	encumbered.
1265	1265	(5) ISSUANCE OF A MULTISTATE LICENSE. (a) Upon receipt of an application for
1266	1266	multistate license, the home state licensing authority shall determine the
1267	1267	applicant[s eligibility for a multistate license in accordance with sub. (4).
1268	1268	(b) If such applicant is eligible pursuant to sub. (4), the home state licensing
1269	1269	authority shall issue a multistate license that authorizes the applicant or regulated
1270	1270	social worker to practice in all member states under a multistate authorization to
1271	1271	practice.
1272	1272	(c) Upon issuance of a multistate license, the home state licensing authority
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1299	1299	SECTION 43
1300	1300	shall designate whether the regulated social worker holds a multistate license in
1301	1301	the bachelor[s, master[s, or clinical category of social work.
1302	1302	(d) A multistate license issued by a home state to a resident in that state shall
1303	1303	be recognized by all compact member states as authorizing social work practice
1304	1304	under a multistate authorization to practice corresponding to each category of
1305	1305	licensure regulated in each member state.
1306	1306	(6) AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE
1307	1307	LICENSING AUTHORITIES. (a) Nothing in this compact, nor any rule of the
1308	1308	commission, shall be construed to limit, restrict, or in any way reduce the ability of
1309	1309	a member state to enact and enforce laws, regulations, or other rules related to the
1310	1310	practice of social work in that state, where those laws, regulations, or other rules
1311	1311	are not inconsistent with the provisions of this compact.
1312	1312	(b) Nothing in this compact shall affect the requirements established by a
1313	1313	member state for the issuance of a single state license.
1314	1314	(c) Nothing in this compact, nor any rule of the commission, shall be construed
1315	1315	to limit, restrict, or in any way reduce the ability of a member state to take adverse
1316	1316	action against a licensee[s single state license to practice social work in that state.
1317	1317	(d) Nothing in this compact, nor any rule of the commission, shall be
1318	1318	construed to limit, restrict, or in any way reduce the ability of a remote state to take
1319	1319	adverse action against a licensee[s multistate authorization to practice in that
1320	1320	state.
1321	1321	(e) Nothing in this compact, nor any rule of the commission, shall be
1322	1322	construed to limit, restrict, or in any way reduce the ability of a licensee[s home
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1349	1349	SECTION 43
1350	1350	state to take adverse action against a licensee[s multistate license based upon
1351	1351	information provided by a remote state.
1352	1352	(7) REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. (a) A
1353	1353	licensee can hold a multistate license, issued by their home state, in only one
1354	1354	member state at any given time.
1355	1355	(b) If a licensee changes their home state by moving between 2 member states:
1356	1356	1. The licensee shall immediately apply for the reissuance of their multistate
1357	1357	license in their new home state. The licensee shall pay all applicable fees and notify
1358	1358	the prior home state in accordance with the rules of the commission.
1359	1359	2. Upon receipt of an application to reissue a multistate license, the new home
1360	1360	state shall verify that the multistate license is active, unencumbered and eligible
1361	1361	for reissuance under the terms of the compact and the rules of the commission. The
1362	1362	multistate license issued by the prior home state will be deactivated and all
1363	1363	member states notified in accordance with the applicable rules adopted by the
1364	1364	commission.
1365	1365	3. Prior to the reissuance of the multistate license, the new home state shall
1366	1366	conduct procedures for considering the criminal history records of the licensee.
1367	1367	Such procedures shall include the submission of fingerprints or other biometric-
1368	1368	based information by applicants for the purpose of obtaining an applicant[s
1369	1369	criminal history record information from the federal bureau of investigation and the
1370	1370	agency responsible for retaining that state[s criminal records.
1371	1371	4. If required for initial licensure, the new home state may require completion
1372	1372	of jurisprudence requirements in the new home state.
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1399	1399	SECTION 43
1400	1400	5. Notwithstanding any other provision of this compact, if a licensee does not
1401	1401	meet the requirements set forth in this compact for the reissuance of a multistate
1402	1402	license by the new home state, then the licensee shall be subject to the new home
1403	1403	state requirements for the issuance of a single state license in that state.
1404	1404	(c) If a licensee changes their primary state of residence by moving from a
1405	1405	member state to a nonmember state, or from a nonmember state to a member state,
1406	1406	then the licensee shall be subject to the state requirements for the issuance of a
1407	1407	single state license in the new home state.
1408	1408	(d) Nothing in this compact shall interfere with a licensee[s ability to hold a
1409	1409	single state license in multiple states; however, for the purposes of this compact, a
1410	1410	licensee shall have only one home state, and only one multistate license.
1411	1411	(e) Nothing in this compact shall interfere with the requirements established
1412	1412	by a member state for the issuance of a single state license.
1413	1413	(8) MILITARY FAMILIES. An active military member or their spouse shall
1414	1414	designate a home state where the individual has a multistate license. The
1415	1415	individual may retain their home state designation during the period the service
1416	1416	member is on active duty.
1417	1417	(9) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state
1418	1418	law, a remote state shall have the authority, in accordance with existing state due
1419	1419	process law, to:
1420	1420	1. Take adverse action against a regulated social worker[s multistate
1421	1421	authorization to practice only within that member state, and issue subpoenas for
1422	1422	both hearings and investigations that require the attendance and testimony of
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1449	1449	SECTION 43
1450	1450	witnesses as well as the production of evidence. Subpoenas issued by a licensing
1451	1451	authority in a member state for the attendance and testimony of witnesses or the
1452	1452	production of evidence from another member state shall be enforced in the latter
1453	1453	state by any court of competent jurisdiction, according to the practice and procedure
1454	1454	of that court applicable to subpoenas issued in proceedings pending before it. The
1455	1455	issuing licensing authority shall pay any witness fees, travel expenses, mileage, and
1456	1456	other fees required by the service statutes of the state in which the witnesses or
1457	1457	evidence are located.
1458	1458	2. Only the home state shall have the power to take adverse action against a
1459	1459	regulated social worker[s multistate license.
1460	1460	(b) For purposes of taking adverse action, the home state shall give the same
1461	1461	priority and effect to reported conduct received from a member state as it would if
1462	1462	the conduct had occurred within the home state. In so doing, the home state shall
1463	1463	apply its own state laws to determine appropriate action.
1464	1464	(c) The home state shall complete any pending investigations of a regulated
1465	1465	social worker who changes their home state during the course of the investigations.
1466	1466	The home state shall also have the authority to take appropriate action(s) and shall
1467	1467	promptly report the conclusions of the investigations to the administrator of the
1468	1468	data system. The administrator of the data system shall promptly notify the new
1469	1469	home state of any adverse actions.
1470	1470	(d) A member state, if otherwise permitted by state law, may recover from the
1471	1471	affected regulated social worker the costs of investigations and dispositions of cases
1472	1472	resulting from any adverse action taken against that regulated social worker.
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1499	1499	SECTION 43
1500	1500	(e) A member state may take adverse action based on the factual findings of
1501	1501	another member state, provided that the member state follows its own procedures
1502	1502	for taking the adverse action.
1503	1503	(f) Joint investigations. 1. In addition to the authority granted to a member
1504	1504	state by its respective social work practice act or other applicable state law, any
1505	1505	member state may participate with other member states in joint investigations of
1506	1506	licensees.
1507	1507	2. Member states shall share any investigative, litigation, or compliance
1508	1508	materials in furtherance of any joint or individual investigation initiated under the
1509	1509	compact.
1510	1510	(g) If adverse action is taken by the home state against the multistate license
1511	1511	of a regulated social worker, the regulated social worker[s multistate authorization
1512	1512	to practice in all other member states shall be deactivated until all encumbrances
1513	1513	have been removed from the multistate license. All home state disciplinary orders
1514	1514	that impose adverse action against the license of a regulated social worker shall
1515	1515	include a statement that the regulated social worker[s multistate authorization to
1516	1516	practice is deactivated in all member states until all conditions of the decision,
1517	1517	order or agreement are satisfied.
1518	1518	(h) If a member state takes adverse action, it shall promptly notify the
1519	1519	administrator of the data system. The administrator of the data system shall
1520	1520	promptly notify the home state and all other member states of any adverse actions
1521	1521	by remote states.
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1547	1547	SECTION 43
1548	1548	(i) Nothing in this compact shall override a member state[s decision that
1549	1549	participation in an alternative program may be used in lieu of adverse action.
1550	1550	(j) Nothing in this compact shall authorize a member state to demand the
1551	1551	issuance of subpoenas for attendance and testimony of witnesses or the production
1552	1552	of evidence from another member state for lawful actions within that member state.
1553	1553	(k) Nothing in this compact shall authorize a member state to impose
1554	1554	discipline against a regulated social worker who holds a multistate authorization to
1555	1555	practice for lawful actions within another member state.
1556	1556	(10) ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION. (a)
1557	1557	The compact member states hereby create and establish a joint government agency
1558	1558	whose membership consists of all member states that have enacted the compact
1559	1559	known as the social work licensure compact commission. The commission is an
1560	1560	instrumentality of the compact states acting jointly and not an instrumentality of
1561	1561	any one state. The commission shall come into existence on or after the effective
1562	1562	date of the compact as set forth in sub. (14).
1563	1563	(b) Membership, voting, and meetings. 1. Each member state shall have and
1564	1564	be limited to one delegate selected by that member state[s state licensing authority.
1565	1565	2. The delegate shall be either:
1566	1566	a. A current member of the state licensing authority at the time of
1567	1567	appointment, who is a regulated social worker or public member of the state
1568	1568	licensing authority; or
1569	1569	b. An administrator of the state licensing authority or their designee.
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1590	1590	21
1591	1591	22 2025 - 2026 Legislature
1592	1592	ASSEMBLY BILL 80
1593	1593	- 33 - LRB-1704/1
1594	1594	MED:emw
1595	1595	SECTION 43
1596	1596	3. The commission shall by rule or bylaw establish a term of office for
1597	1597	delegates and may by rule or bylaw establish term limits.
1598	1598	4. The commission may recommend removal or suspension any delegate from
1599	1599	office.
1600	1600	5. A member state[s state licensing authority shall fill any vacancy of its
1601	1601	delegate occurring on the commission within 60 days of the vacancy.
1602	1602	6. Each delegate shall be entitled to one vote on all matters before the
1603	1603	commission requiring a vote by commission delegates.
1604	1604	7. A delegate shall vote in person or by such other means as provided in the
1605	1605	bylaws. The bylaws may provide for delegates to meet by telecommunication,
1606	1606	videoconference, or other means of communication.
1607	1607	8. The commission shall meet at least once during each calendar year.
1608	1608	Additional meetings may be held as set forth in the bylaws. The commission may
1609	1609	meet by telecommunication, video conference or other similar electronic means.
1610	1610	(c) The commission shall have the following powers:
1611	1611	1. Establish the fiscal year of the commission;
1612	1612	2. Establish code of conduct and conflict of interest policies;
1613	1613	3. Establish and amend rules and bylaws;
1614	1614	4. Maintain its financial records in accordance with the bylaws;
1615	1615	5. Meet and take such actions as are consistent with the provisions of this
1616	1616	compact, the commission[s rules, and the bylaws;
1617	1617	6. Initiate and conclude legal proceedings or actions in the name of the
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1619	1619	2
1620	1620	3
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1636	1636	19
1637	1637	20
1638	1638	21
1639	1639	22 2025 - 2026 Legislature
1640	1640	ASSEMBLY BILL 80
1641	1641	- 34 - LRB-1704/1
1642	1642	MED:emw
1643	1643	SECTION 43
1644	1644	commission, provided that the standing of any state licensing board to sue or be
1645	1645	sued under applicable law shall not be affected;
1646	1646	7. Maintain and certify records and information provided to a member state
1647	1647	as the authenticated business records of the commission, and designate an agent to
1648	1648	do so on the commission[s behalf;
1649	1649	8. Purchase and maintain insurance and bonds;
1650	1650	9. Borrow, accept, or contract for services of personnel, including, but not
1651	1651	limited to, employees of a member state;
1652	1652	10. Conduct an annual financial review;
1653	1653	11. Hire employees, elect or appoint officers, fix compensation, define duties,
1654	1654	grant such individuals appropriate authority to carry out the purposes of the
1655	1655	compact, and establish the commission[s personnel policies and programs relating
1656	1656	to conflicts of interest, qualifications of personnel, and other related personnel
1657	1657	matters;
1658	1658	12. Assess and collect fees;
1659	1659	13. Accept any and all appropriate gifts, donations, grants of money, other
1660	1660	sources of revenue, equipment, supplies, materials, and services, and receive,
1661	1661	utilize, and dispose of the same; provided that at all times the commission shall
1662	1662	avoid any appearance of impropriety or conflict of interest;
1663	1663	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
1664	1664	personal, or mixed, or any undivided interest therein;
1665	1665	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
1666	1666	dispose of any property real, personal, or mixed;
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1688	1688	22
1689	1689	23 2025 - 2026 Legislature
1690	1690	ASSEMBLY BILL 80
1691	1691	- 35 - LRB-1704/1
1692	1692	MED:emw
1693	1693	SECTION 43
1694	1694	16. Establish a budget and make expenditures;
1695	1695	17. Borrow money;
1696	1696	18. Appoint committees, including standing committees, composed of
1697	1697	members, state regulators, state legislators or their representatives, and consumer
1698	1698	representatives, and such other interested persons as may be designated in this
1699	1699	compact and the bylaws;
1700	1700	19. Provide and receive information from, and cooperate with, law
1701	1701	enforcement agencies;
1702	1702	20. Establish and elect an executive committee, including a chair and a vice
1703	1703	chair;
1704	1704	21. Determine whether a state[s adopted language is materially different from
1705	1705	the model compact language such that the state would not qualify for participation
1706	1706	in the compact; and
1707	1707	22. Perform such other functions as may be necessary or appropriate to
1708	1708	achieve the purposes of this compact.
1709	1709	(d) The executive committee. 1. The executive committee shall have the power
1710	1710	to act on behalf of the commission according to the terms of this compact. The
1711	1711	powers, duties, and responsibilities of the executive committee shall include:
1712	1712	a. Oversee the day-to-day activities of the administration of the compact
1713	1713	including enforcement and compliance with the provisions of the compact, its rules
1714	1714	and bylaws, and other such duties as deemed necessary;
1715	1715	b. Recommend to the commission changes to the rules or bylaws, changes to
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1736	1736	21
1737	1737	22 2025 - 2026 Legislature
1738	1738	ASSEMBLY BILL 80
1739	1739	- 36 - LRB-1704/1
1740	1740	MED:emw
1741	1741	SECTION 43
1742	1742	this compact legislation, fees charged to compact member states, fees charged to
1743	1743	licensees, and other fees;
1744	1744	c. Ensure compact administration services are appropriately provided,
1745	1745	including by contract;
1746	1746	d. Prepare and recommend the budget;
1747	1747	e. Maintain financial records on behalf of the commission;
1748	1748	f. Monitor compact compliance of member states and provide compliance
1749	1749	reports to the commission;
1750	1750	g. Establish additional committees as necessary;
1751	1751	h. Exercise the powers and duties of the commission during the interim
1752	1752	between commission meetings, except for adopting or amending rules, adopting or
1753	1753	amending bylaws, and exercising any other powers and duties expressly reserved to
1754	1754	the commission by rule or bylaw; and
1755	1755	i. Other duties as provided in the rules or bylaws of the commission.
1756	1756	2. The executive committee shall be composed of up to 11 members:
1757	1757	a. The chair and vice chair of the commission shall be voting members of the
1758	1758	executive committee; and
1759	1759	b. The commission shall elect 5 voting members from the current membership
1760	1760	of the commission.
1761	1761	c. Up to 4 ex officio, nonvoting members from 4 recognized national social
1762	1762	work organizations.
1763	1763	d. The ex officio members will be selected by their respective organizations.
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1785	1785	22 2025 - 2026 Legislature
1786	1786	ASSEMBLY BILL 80
1787	1787	- 37 - LRB-1704/1
1788	1788	MED:emw
1789	1789	SECTION 43
1790	1790	3. The commission may remove any member of the executive committee as
1791	1791	provided in the commission[s bylaws.
1792	1792	4. The executive committee shall meet at least annually.
1793	1793	a. Executive committee meetings shall be open to the public, except that the
1794	1794	executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
1795	1795	2. below.
1796	1796	b. The executive committee shall give 7 days[ notice of its meetings, posted on
1797	1797	its website and as determined to provide notice to persons with an interest in the
1798	1798	business of the commission.
1799	1799	c. The executive committee may hold a special meeting in accordance with
1800	1800	par. (f) 1. b. below.
1801	1801	(e) The commission shall adopt and provide to the member states an annual
1802	1802	report.
1803	1803	(f) Meetings of the commission. 1. All meetings shall be open to the public,
1804	1804	except that the commission may meet in a closed, nonpublic meeting as provided in
1805	1805	subd. 2. below.
1806	1806	a. Public notice for all meetings of the full commission of meetings shall be
1807	1807	given in the same manner as required under the rule-making provisions in sub.
1808	1808	(12), except that the commission may hold a special meeting as provided in subd. 1.
1809	1809	b. below.
1810	1810	b. The commission may hold a special meeting when it must meet to conduct
1811	1811	emergency business by giving 48 hours[ notice to all commissioners, on the
1812	1812	commission[s website, and other means as provided in the commission[s rules. The
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1834	1834	22
1835	1835	23 2025 - 2026 Legislature
1836	1836	ASSEMBLY BILL 80
1837	1837	- 38 - LRB-1704/1
1838	1838	MED:emw
1839	1839	SECTION 43
1840	1840	commission[s legal counsel shall certify that the commission[s need to meet
1841	1841	qualifies as an emergency.
1842	1842	2. The commission or the executive committee or other committees of the
1843	1843	commission may convene in a closed, nonpublic meeting for the commission or
1844	1844	executive committee or other committees of the commission to receive legal advice
1845	1845	or to discuss:
1846	1846	a. Noncompliance of a member state with its obligations under the compact;
1847	1847	b. The employment, compensation, discipline or other matters, practices or
1848	1848	procedures related to specific employees;
1849	1849	c. Current or threatened discipline of a licensee by the commission or by a
1850	1850	member state[s licensing authority;
1851	1851	d. Current, threatened, or reasonably anticipated litigation;
1852	1852	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
1853	1853	real estate;
1854	1854	f. Accusing any person of a crime or formally censuring any person;
1855	1855	g. Trade secrets or commercial or financial information that is privileged or
1856	1856	confidential;
1857	1857	h. Information of a personal nature where disclosure would constitute a
1858	1858	clearly unwarranted invasion of personal privacy;
1859	1859	i. Investigative records compiled for law enforcement purposes;
1860	1860	j. Information related to any investigative reports prepared by or on behalf of
1861	1861	or for use of the commission or other committee charged with responsibility of
1862	1862	investigation or determination of compliance issues pursuant to the compact;
1863	1863	1
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1884	1884	22
1885	1885	23 2025 - 2026 Legislature
1886	1886	ASSEMBLY BILL 80
1887	1887	- 39 - LRB-1704/1
1888	1888	MED:emw
1889	1889	SECTION 43
1890	1890	k. Matters specifically exempted from disclosure by federal or member state
1891	1891	law; or
1892	1892	L. Other matters as promulgated by the commission by rule.
1893	1893	3. If a meeting, or portion of a meeting, is closed, the presiding officer shall
1894	1894	state that the meeting will be closed and reference each relevant exempting
1895	1895	provision, and such reference shall be recorded in the minutes.
1896	1896	4. The commission shall keep minutes that fully and clearly describe all
1897	1897	matters discussed in a meeting and shall provide a full and accurate summary of
1898	1898	actions taken, and the reasons therefore, including a description of the views
1899	1899	expressed. All documents considered in connection with an action shall be
1900	1900	identified in such minutes. All minutes and documents of a closed meeting shall
1901	1901	remain under seal, subject to release only by a majority vote of the commission or
1902	1902	order of a court of competent jurisdiction.
1903	1903	(g) Financing of the commission. 1. The commission shall pay, or provide for
1904	1904	the payment of, the reasonable expenses of its establishment, organization, and
1905	1905	ongoing activities.
1906	1906	2. The commission may accept any and all appropriate revenue sources as
1907	1907	provided in par. (c) 13.
1908	1908	3. The commission may levy on and collect an annual assessment from each
1909	1909	member state and impose fees on licensees of member states to whom it grants a
1910	1910	multistate license to cover the cost of the operations and activities of the
1911	1911	commission and its staff, which must be in a total amount sufficient to cover its
1912	1912	annual budget as approved each year for which revenue is not provided by other
1913	1913	1
1914	1914	2
1915	1915	3
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1933	1933	21
1934	1934	22
1935	1935	23 2025 - 2026 Legislature
1936	1936	ASSEMBLY BILL 80
1937	1937	- 40 - LRB-1704/1
1938	1938	MED:emw
1939	1939	SECTION 43
1940	1940	sources. The aggregate annual assessment amount for member states shall be
1941	1941	allocated based upon a formula that the commission shall promulgate by rule.
1942	1942	4. The commission shall not incur obligations of any kind prior to securing the
1943	1943	funds adequate to meet the same; nor shall the commission pledge the credit of any
1944	1944	of the member states, except by and with the authority of the member state.
1945	1945	5. The commission shall keep accurate accounts of all receipts and
1946	1946	disbursements. The receipts and disbursements of the commission shall be subject
1947	1947	to the financial review and accounting procedures established under its bylaws.
1948	1948	However, all receipts and disbursements of funds handled by the commission shall
1949	1949	be subject to an annual financial review by a certified or licensed public accountant,
1950	1950	and the report of the financial review shall be included in and become part of the
1951	1951	annual report of the commission.
1952	1952	(h) Qualified immunity, defense, and indemnification. 1. The members,
1953	1953	officers, executive director, employees and representatives of the commission shall
1954	1954	be immune from suit and liability, both personally and in their official capacity, for
1955	1955	any claim for damage to or loss of property or personal injury or other civil liability
1956	1956	caused by or arising out of any actual or alleged act, error, or omission that
1957	1957	occurred, or that the person against whom the claim is made had a reasonable basis
1958	1958	for believing occurred within the scope of commission employment, duties or
1959	1959	responsibilities; provided that nothing in this subdivision shall be construed to
1960	1960	protect any such person from suit or liability for any damage, loss, injury, or liability
1961	1961	caused by the intentional or willful or wanton misconduct of that person. The
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1983	1983	22 2025 - 2026 Legislature
1984	1984	ASSEMBLY BILL 80
1985	1985	- 41 - LRB-1704/1
1986	1986	MED:emw
1987	1987	SECTION 43
1988	1988	procurement of insurance of any type by the commission shall not in any way
1989	1989	compromise or limit the immunity granted hereunder.
1990	1990	2. The commission shall defend any member, officer, executive director,
1991	1991	employee, and representative of the commission in any civil action seeking to
1992	1992	impose liability arising out of any actual or alleged act, error, or omission that
1993	1993	occurred within the scope of commission employment, duties, or responsibilities, or
1994	1994	as determined by the commission that the person against whom the claim is made
1995	1995	had a reasonable basis for believing occurred within the scope of commission
1996	1996	employment, duties, or responsibilities; provided that nothing herein shall be
1997	1997	construed to prohibit that person from retaining their own counsel at their own
1998	1998	expense; and provided further, that the actual or alleged act, error, or omission did
1999	1999	not result from that person[s intentional or willful or wanton misconduct.
2000	2000	3. The commission shall indemnify and hold harmless any member, officer,
2001	2001	executive director, employee, and representative of the commission for the amount
2002	2002	of any settlement or judgment obtained against that person arising out of any
2003	2003	actual or alleged act, error, or omission that occurred within the scope of
2004	2004	commission employment, duties, or responsibilities, or that such person had a
2005	2005	reasonable basis for believing occurred within the scope of commission
2006	2006	employment, duties, or responsibilities, provided that the actual or alleged act,
2007	2007	error, or omission did not result from the intentional or willful or wanton
2008	2008	misconduct of that person.
2009	2009	4. Nothing herein shall be construed as a limitation on the liability of any
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2014	2014	5
2015	2015	6
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2030	2030	21
2031	2031	22 2025 - 2026 Legislature
2032	2032	ASSEMBLY BILL 80
2033	2033	- 42 - LRB-1704/1
2034	2034	MED:emw
2035	2035	SECTION 43
2036	2036	licensee for professional malpractice or misconduct, which shall be governed solely
2037	2037	by any other applicable state laws.
2038	2038	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
2039	2039	a member state[s state action immunity or state action affirmative defense with
2040	2040	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
2041	2041	or federal antitrust or anticompetitive law or regulation.
2042	2042	6. Nothing in this compact shall be construed to be a waiver of sovereign
2043	2043	immunity by the member states or by the commission.
2044	2044	(11) DATA SYSTEM. (a) The commission shall provide for the development,
2045	2045	maintenance, operation, and utilization of a coordinated data system.
2046	2046	(b) The commission shall assign each applicant for a multistate license a
2047	2047	unique identifier, as determined by the rules of the commission.
2048	2048	(c) Notwithstanding any other provision of state law to the contrary, a
2049	2049	member state shall submit a uniform data set to the data system on all individuals
2050	2050	to whom this compact is applicable as required by the rules of the commission,
2051	2051	including:
2052	2052	1. Identifying information;
2053	2053	2. Licensure data;
2054	2054	3. Adverse actions against a license and information related thereto;
2055	2055	4. Nonconfidential information related to alternative program participation,
2056	2056	the beginning and ending dates of such participation, and other information related
2057	2057	to such participation not made confidential under member state law;
2058	2058	5. Any denial of application for licensure, and the reason(s) for such denial;
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2060	2060	2
2061	2061	3
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2081	2081	23 2025 - 2026 Legislature
2082	2082	ASSEMBLY BILL 80
2083	2083	- 43 - LRB-1704/1
2084	2084	MED:emw
2085	2085	SECTION 43
2086	2086	6. The presence of current significant investigative information; and
2087	2087	7. Other information that may facilitate the administration of this compact or
2088	2088	the protection of the public, as determined by the rules of the commission.
2089	2089	(d) The records and information provided to a member state pursuant to this
2090	2090	compact or through the data system, when certified by the commission or an agent
2091	2091	thereof, shall constitute the authenticated business records of the commission, and
2092	2092	shall be entitled to any associated hearsay exception in any relevant judicial, quasi-
2093	2093	judicial or administrative proceedings in a member state.
2094	2094	(e) Current significant investigative information pertaining to a licensee in
2095	2095	any member state will only be available to other member states.
2096	2096	1. It is the responsibility of the member states to report any adverse action
2097	2097	against a licensee and to monitor the database to determine whether adverse action
2098	2098	has been taken against a licensee. Adverse action information pertaining to a
2099	2099	licensee in any member state will be available to any other member state.
2100	2100	(f) Member states contributing information to the data system may designate
2101	2101	information that may not be shared with the public without the express permission
2102	2102	of the contributing state.
2103	2103	(g) Any information submitted to the data system that is subsequently
2104	2104	expunged pursuant to federal law or the laws of the member state contributing the
2105	2105	information shall be removed from the data system.
2106	2106	(12) RULE MAKING. (a) The commission shall promulgate reasonable rules in
2107	2107	order to effectively and efficiently implement and administer the purposes and
2108	2108	provisions of the compact. A rule shall be invalid and have no force or effect only if
2109	2109	1
2110	2110	2
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2130	2130	22
2131	2131	23 2025 - 2026 Legislature
2132	2132	ASSEMBLY BILL 80
2133	2133	- 44 - LRB-1704/1
2134	2134	MED:emw
2135	2135	SECTION 43
2136	2136	a court of competent jurisdiction holds that the rule is invalid because the
2137	2137	commission exercised its rule-making authority in a manner that is beyond the
2138	2138	scope and purposes of the compact, or the powers granted hereunder, or based upon
2139	2139	another applicable standard of review.
2140	2140	(b) The rules of the commission shall have the force of law in each member
2141	2141	state, provided however that where the rules of the commission conflict with the
2142	2142	laws of the member state that establish the member state[s laws, regulations, and
2143	2143	applicable standards that govern the practice of social work as held by a court of
2144	2144	competent jurisdiction, the rules of the commission shall be ineffective in that state
2145	2145	to the extent of the conflict.
2146	2146	(c) The commission shall exercise its rule-making powers pursuant to the
2147	2147	criteria set forth in this subsection and the rules adopted thereunder. Rules shall
2148	2148	become binding on the day following adoption or the date specified in the rule or
2149	2149	amendment, whichever is later.
2150	2150	(d) If a majority of the legislatures of the member states rejects a rule or
2151	2151	portion of a rule, by enactment of a statute or resolution in the same manner used
2152	2152	to adopt the compact within 4 years of the date of adoption of the rule, then such
2153	2153	rule shall have no further force and effect in any member state.
2154	2154	(e) Rules shall be adopted at a regular or special meeting of the commission.
2155	2155	(f) Prior to adoption of a proposed rule, the commission shall hold a public
2156	2156	hearing and allow persons to provide oral and written comments, data, facts,
2157	2157	opinions, and arguments.
2158	2158	(g) Prior to adoption of a proposed rule by the commission, and at least 30
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2181	2181	23 2025 - 2026 Legislature
2182	2182	ASSEMBLY BILL 80
2183	2183	- 45 - LRB-1704/1
2184	2184	MED:emw
2185	2185	SECTION 43
2186	2186	days in advance of the meeting at which the commission will hold a public hearing
2187	2187	on the proposed rule, the commission shall provide a notice of proposed rule
2188	2188	making:
2189	2189	1. On the website of the commission or other publicly accessible platform;
2190	2190	2. To persons who have requested notice of the commission[s notices of
2191	2191	proposed rule making, and
2192	2192	3. In such other way(s) as the commission may by rule specify.
2193	2193	(h) The notice of proposed rule making shall include:
2194	2194	1. The time, date, and location of the public hearing at which the commission
2195	2195	will hear public comments on the proposed rule and, if different, the time, date, and
2196	2196	location of the meeting where the commission will consider and vote on the
2197	2197	proposed rule;
2198	2198	2. If the hearing is held via telecommunication, video conference, or other
2199	2199	electronic means, the commission shall include the mechanism for access to the
2200	2200	hearing in the notice of proposed rule making;
2201	2201	3. The text of the proposed rule and the reason therefor;
2202	2202	4. A request for comments on the proposed rule from any interested person;
2203	2203	and
2204	2204	5. The manner in which interested persons may submit written comments.
2205	2205	(i) All hearings will be recorded. A copy of the recording and all written
2206	2206	comments and documents received by the commission in response to the proposed
2207	2207	rule shall be available to the public.
2208	2208	(j) Nothing in this subsection shall be construed as requiring a separate
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2231	2231	23 2025 - 2026 Legislature
2232	2232	ASSEMBLY BILL 80
2233	2233	- 46 - LRB-1704/1
2234	2234	MED:emw
2235	2235	SECTION 43
2236	2236	hearing on each rule. Rules may be grouped for the convenience of the commission
2237	2237	at hearings required by this subsection.
2238	2238	(k) The commission shall, by majority vote of all members, take final action on
2239	2239	the proposed rule based on the rule-making record and the full text of the rule.
2240	2240	1. The commission may adopt changes to the proposed rule provided the
2241	2241	changes do not enlarge the original purpose of the proposed rule.
2242	2242	2. The commission shall provide an explanation of the reasons for substantive
2243	2243	changes made to the proposed rule as well as reasons for substantive changes not
2244	2244	made that were recommended by commenters.
2245	2245	3. The commission shall determine a reasonable effective date for the rule.
2246	2246	Except for an emergency as provided in par. (L), the effective date of the rule shall
2247	2247	be no sooner than 30 days after issuing the notice that it adopted or amended the
2248	2248	rule.
2249	2249	(L) Upon determination that an emergency exists, the commission may
2250	2250	consider and adopt an emergency rule with 48 hours[ notice, with opportunity to
2251	2251	comment, provided that the usual rule-making procedures provided in the compact
2252	2252	and in this subsection shall be retroactively applied to the rule as soon as
2253	2253	reasonably possible, in no event later than 90 days after the effective date of the
2254	2254	rule. For the purposes of this provision, an emergency rule is one that must be
2255	2255	adopted immediately in order to:
2256	2256	1. Meet an imminent threat to public health, safety, or welfare;
2257	2257	2. Prevent a loss of commission or member state funds;
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2279	2279	22 2025 - 2026 Legislature
2280	2280	ASSEMBLY BILL 80
2281	2281	- 47 - LRB-1704/1
2282	2282	MED:emw
2283	2283	SECTION 43
2284	2284	3. Meet a deadline for the promulgation of a rule that is established by federal
2285	2285	law or rule; or
2286	2286	4. Protect public health and safety.
2287	2287	(m) The commission or an authorized committee of the commission may direct
2288	2288	revisions to a previously adopted rule for purposes of correcting typographical
2289	2289	errors, errors in format, errors in consistency, or grammatical errors. Public notice
2290	2290	of any revisions shall be posted on the website of the commission. The revision shall
2291	2291	be subject to challenge by any person for a period of 30 days after posting. The
2292	2292	revision may be challenged only on grounds that the revision results in a material
2293	2293	change to a rule. A challenge shall be made in writing and delivered to the
2294	2294	commission prior to the end of the notice period. If no challenge is made, the
2295	2295	revision will take effect without further action. If the revision is challenged, the
2296	2296	revision may not take effect without the approval of the commission.
2297	2297	(n) No member state[s rule-making requirements shall apply under this
2298	2298	compact.
2299	2299	(13) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . (a) Oversight. 1.
2300	2300	The executive and judicial branches of state government in each member state shall
2301	2301	enforce this compact and take all actions necessary and appropriate to implement
2302	2302	the compact.
2303	2303	2. Except as otherwise provided in this compact, venue is proper and judicial
2304	2304	proceedings by or against the commission shall be brought solely and exclusively in
2305	2305	a court of competent jurisdiction where the principal office of the commission is
2306	2306	located. The commission may waive venue and jurisdictional defenses to the extent
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2329	2329	23 2025 - 2026 Legislature
2330	2330	ASSEMBLY BILL 80
2331	2331	- 48 - LRB-1704/1
2332	2332	MED:emw
2333	2333	SECTION 43
2334	2334	it adopts or consents to participate in alternative dispute resolution proceedings.
2335	2335	Nothing herein shall affect or limit the selection or propriety of venue in any action
2336	2336	against a licensee for professional malpractice, misconduct or any such similar
2337	2337	matter.
2338	2338	3. The commission shall be entitled to receive service of process in any
2339	2339	proceeding regarding the enforcement or interpretation of the compact and shall
2340	2340	have standing to intervene in such a proceeding for all purposes. Failure to provide
2341	2341	the commission service of process shall render a judgment or order void as to the
2342	2342	commission, this compact, or promulgated rules.
2343	2343	(b) Default, technical assistance, and termination. 1. If the commission
2344	2344	determines that a member state has defaulted in the performance of its obligations
2345	2345	or responsibilities under this compact or the promulgated rules, the commission
2346	2346	shall provide written notice to the defaulting state. The notice of default shall
2347	2347	describe the default, the proposed means of curing the default, and any other action
2348	2348	that the commission may take, and shall offer training and specific technical
2349	2349	assistance regarding the default.
2350	2350	2. The commission shall provide a copy of the notice of default to the other
2351	2351	member states.
2352	2352	(c) If a state in default fails to cure the default, the defaulting state may be
2353	2353	terminated from the compact upon an affirmative vote of a majority of the delegates
2354	2354	of the member states, and all rights, privileges and benefits conferred on that state
2355	2355	by this compact may be terminated on the effective date of termination. A cure of
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2377	2377	22 2025 - 2026 Legislature
2378	2378	ASSEMBLY BILL 80
2379	2379	- 49 - LRB-1704/1
2380	2380	MED:emw
2381	2381	SECTION 43
2382	2382	the default does not relieve the offending state of obligations or liabilities incurred
2383	2383	during the period of default.
2384	2384	(d) Termination of membership in the compact shall be imposed only after all
2385	2385	other means of securing compliance have been exhausted. Notice of intent to
2386	2386	suspend or terminate shall be given by the commission to the governor, the majority
2387	2387	and minority leaders of the defaulting state[s legislature, the defaulting state[s
2388	2388	state licensing authority and each of the member states[ state licensing authority.
2389	2389	(e) A state that has been terminated is responsible for all assessments,
2390	2390	obligations, and liabilities incurred through the effective date of termination,
2391	2391	including obligations that extend beyond the effective date of termination.
2392	2392	(f) Upon the termination of a state[s membership from this compact, that
2393	2393	state shall immediately provide notice to all licensees within that state of such
2394	2394	termination. The terminated state shall continue to recognize all licenses granted
2395	2395	pursuant to this compact for a minimum of 6 months after the date of said notice of
2396	2396	termination.
2397	2397	(g) The commission shall not bear any costs related to a state that is found to
2398	2398	be in default or that has been terminated from the compact, unless agreed upon in
2399	2399	writing between the commission and the defaulting state.
2400	2400	(h) The defaulting state may appeal the action of the commission by
2401	2401	petitioning the U.S. District Court for the District of Columbia or the federal
2402	2402	district where the commission has its principal offices. The prevailing party shall
2403	2403	be awarded all costs of such litigation, including reasonable attorney[s fees.
2404	2404	(i) Dispute resolution. 1. Upon request by a member state, the commission
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2427	2427	23 2025 - 2026 Legislature
2428	2428	ASSEMBLY BILL 80
2429	2429	- 50 - LRB-1704/1
2430	2430	MED:emw
2431	2431	SECTION 43
2432	2432	shall attempt to resolve disputes related to the compact that arise among member
2433	2433	states and between member and nonmember states.
2434	2434	2. The commission shall promulgate a rule providing for both mediation and
2435	2435	binding dispute resolution for disputes as appropriate.
2436	2436	(j) Enforcement. 1. By majority vote as provided by rule, the commission may
2437	2437	initiate legal action against a member state in default in the United States District
2438	2438	Court for the District of Columbia or the federal district where the commission has
2439	2439	its principal offices to enforce compliance with the provisions of the compact and its
2440	2440	promulgated rules. The relief sought may include both injunctive relief and
2441	2441	damages. In the event judicial enforcement is necessary, the prevailing party shall
2442	2442	be awarded all costs of such litigation, including reasonable attorney[s fees. The
2443	2443	remedies herein shall not be the exclusive remedies of the commission. The
2444	2444	commission may pursue any other remedies available under federal or the
2445	2445	defaulting member state[s law.
2446	2446	2. A member state may initiate legal action against the commission in the
2447	2447	U.S. District Court for the District of Columbia or the federal district where the
2448	2448	commission has its principal offices to enforce compliance with the provisions of the
2449	2449	compact and its promulgated rules. The relief sought may include both injunctive
2450	2450	relief and damages. In the event judicial enforcement is necessary, the prevailing
2451	2451	party shall be awarded all costs of such litigation, including reasonable attorney[s
2452	2452	fees.
2453	2453	3. No person other than a member state shall enforce this compact against the
2454	2454	commission.
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2477	2477	23 2025 - 2026 Legislature
2478	2478	ASSEMBLY BILL 80
2479	2479	- 51 - LRB-1704/1
2480	2480	MED:emw
2481	2481	SECTION 43
2482	2482	(14) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . (a) The compact shall
2483	2483	come into effect on the date on which the compact statute is enacted into law in the
2484	2484	7th member state.
2485	2485	1. On or after the effective date of the compact, the commission shall convene
2486	2486	and review the enactment of each of the first 7 member states (Xcharter member
2487	2487	statesY) to determine if the statute enacted by each such charter member state is
2488	2488	materially different than the model compact statute.
2489	2489	a. A charter member state whose enactment is found to be materially
2490	2490	different from the model compact statute shall be entitled to the default process set
2491	2491	forth in sub. (13).
2492	2492	b. If any member state is later found to be in default, or is terminated or
2493	2493	withdraws from the compact, the commission shall remain in existence and the
2494	2494	compact shall remain in effect even if the number of member states should be less
2495	2495	than 7.
2496	2496	2. Member states enacting the compact subsequent to the 7 initial charter
2497	2497	member states shall be subject to the process set forth in sub. (10) (c) 21. to
2498	2498	determine if their enactments are materially different from the model compact
2499	2499	statute and whether they qualify for participation in the compact.
2500	2500	3. All actions taken for the benefit of the commission or in furtherance of the
2501	2501	purposes of the administration of the compact prior to the effective date of the
2502	2502	compact or the commission coming into existence shall be considered to be actions
2503	2503	of the commission unless specifically repudiated by the commission.
2504	2504	4. Any state that joins the compact subsequent to the commission[s initial
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2527	2527	23 2025 - 2026 Legislature
2528	2528	ASSEMBLY BILL 80
2529	2529	- 52 - LRB-1704/1
2530	2530	MED:emw
2531	2531	SECTION 43
2532	2532	adoption of the rules and bylaws shall be subject to the rules and bylaws as they
2533	2533	exist on the date on which the compact becomes law in that state. Any rule that has
2534	2534	been previously adopted by the commission shall have the full force and effect of law
2535	2535	on the day the compact becomes law in that state.
2536	2536	(b) Any member state may withdraw from this compact by enacting a statute
2537	2537	repealing the same.
2538	2538	1. A member state[s withdrawal shall not take effect until 180 days after
2539	2539	enactment of the repealing statute.
2540	2540	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2541	2541	state[s licensing authority to comply with the investigative and adverse action
2542	2542	reporting requirements of this compact prior to the effective date of withdrawal.
2543	2543	3. Upon the enactment of a statute withdrawing from this compact, a state
2544	2544	shall immediately provide notice of such withdrawal to all licensees within that
2545	2545	state. Notwithstanding any subsequent statutory enactment to the contrary, such
2546	2546	withdrawing state shall continue to recognize all licenses granted pursuant to this
2547	2547	compact for a minimum of 180 days after the date of such notice of withdrawal.
2548	2548	(c) Nothing contained in this compact shall be construed to invalidate or
2549	2549	prevent any licensure agreement or other cooperative arrangement between a
2550	2550	member state and a nonmember state that does not conflict with the provisions of
2551	2551	this compact.
2552	2552	(d) This compact may be amended by the member states. No amendment to
2553	2553	this compact shall become effective and binding upon any member state until it is
2554	2554	enacted into the laws of all member states.
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2577	2577	23 2025 - 2026 Legislature
2578	2578	ASSEMBLY BILL 80
2579	2579	- 53 - LRB-1704/1
2580	2580	MED:emw
2581	2581	SECTION 43
2582	2582	(15) CONSTRUCTION AND SEVERABILITY. (a) This compact and the
2583	2583	commission[s rule-making authority shall be liberally construed so as to effectuate
2584	2584	the purposes, and the implementation and administration of the compact.
2585	2585	Provisions of the compact expressly authorizing or requiring the promulgation of
2586	2586	rules shall not be construed to limit the commission[s rule-making authority solely
2587	2587	for those purposes.
2588	2588	(b) The provisions of this compact shall be severable and if any phrase, clause,
2589	2589	sentence or provision of this compact is held by a court of competent jurisdiction to
2590	2590	be contrary to the constitution of any member state, a state seeking participation in
2591	2591	the compact, or of the United States, or the applicability thereof to any government,
2592	2592	agency, person or circumstance is held to be unconstitutional by a court of
2593	2593	competent jurisdiction, the validity of the remainder of this compact and the
2594	2594	applicability thereof to any other government, agency, person or circumstance shall
2595	2595	not be affected thereby.
2596	2596	(c) Notwithstanding par. (b), the commission may deny a state[s participation
2597	2597	in the compact or, in accordance with the requirements of sub. (13) (b), terminate a
2598	2598	member state[s participation in the compact, if it determines that a constitutional
2599	2599	requirement of a member state is a material departure from the compact.
2600	2600	Otherwise, if this compact shall be held to be contrary to the constitution of any
2601	2601	member state, the compact shall remain in full force and effect as to the remaining
2602	2602	member states and in full force and effect as to the member state affected as to all
2603	2603	severable matters.
2604	2604	(16) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) A
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2627	2627	23 2025 - 2026 Legislature
2628	2628	ASSEMBLY BILL 80
2629	2629	- 54 - LRB-1704/1
2630	2630	MED:emw
2631	2631	SECTION 43
2632	2632	licensee providing services in a remote state under a multistate authorization to
2633	2633	practice shall adhere to the laws and regulations, including laws, regulations, and
2634	2634	applicable standards, of the remote state where the client is located at the time care
2635	2635	is rendered.
2636	2636	(b) Nothing herein shall prevent or inhibit the enforcement of any other law of
2637	2637	a member state that is not inconsistent with the compact.
2638	2638	(c) Any laws, statutes, regulations, or other legal requirements in a member
2639	2639	state in conflict with the compact are superseded to the extent of the conflict.
2640	2640	(d) All permissible agreements between the commission and the member
2641	2641	states are binding in accordance with their terms.
2642	2642	457.71 Implementation of the social work licensure compact. (1) In
2643	2643	this section, Xmultistate authorization to practice Y has the meaning given in s.
2644	2644	457.70 (2) (q).
2645	2645	(2) (a) An individual who is exercising the multistate authorization to practice
2646	2646	in this state shall comply with s. 440.03 (13) (am).
2647	2647	(b) Subject to s. 457.70 and any rules promulgated thereunder, ss. 440.20 to
2648	2648	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual
2649	2649	who is exercising the multistate authorization to practice in this state in the same
2650	2650	manner that they apply to holders of certificates or licenses issued under subch. I.
2651	2651	SECTION 44. 632.89 (1) (dm) of the statutes is repealed and recreated to read:
2652	2652	632.89 (1) (dm) XLicensed mental health professionalY means a clinical social
2653	2653	worker, a marriage and family therapist, or a professional counselor, as those terms
2654	2654	are defined in subch. I of ch. 457.
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2660	2660	6
2661	2661	7
2662	2662	8
2663	2663	9
2664	2664	10
2665	2665	11
2666	2666	12
2667	2667	13
2668	2668	14
2669	2669	15
2670	2670	16
2671	2671	17
2672	2672	18
2673	2673	19
2674	2674	20
2675	2675	21
2676	2676	22
2677	2677	23 2025 - 2026 Legislature
2678	2678	ASSEMBLY BILL 80
2679	2679	- 55 - LRB-1704/1
2680	2680	MED:emw
2681	2681	SECTION 45
2682	2682	SECTION 45. 905.04 (1) (g) of the statutes is amended to read:
2683	2683	905.04 (1) (g) XSocial workerY means an individual who is certified or licensed
2684	2684	as a social worker, advanced practice social worker, independent social worker, or
2685	2685	clinical social worker under, as those terms are defined in subch. I of ch. 457, or an
2686	2686	individual reasonably believed by the patient to be a social worker, advanced
2687	2687	practice social worker, independent social worker, or clinical social worker.
2688	2688	(END)
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2695	2695	7