Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB74 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-1310/1
3	3	MED:emw
4	4	2025 SENATE BILL 74
5	5	February 26, 2025 - Introduced by Senators STAFSHOLT, CABRAL-GUEVARA,
6	6	CARPENTER, DASSLER-ALFHEIM, DRAKE, JAMES, KEYESKI, LARSON, PFAFF,
7	7	SPREITZER, WALL, RATCLIFF and L. JOHNSON, cosponsored by Representatives
8	8	VANDERMEER, TITTL, ANDERSON, BARE, DITTRICH, DOYLE, EMERSON,
9	9	FRANKLIN, GREEN, GUNDRUM, J. JACOBSON, JOERS, JOHNSON, KNODL,
10	10	MELOTIK, MIRESSE, MOORE OMOKUNDE, MURSAU, NOVAK, O'CONNOR, PHELPS
11	11	and ROE. Referred to Committee on Health.
12	12	AN ACT to renumber 457.25 (1); to amend 46.90 (4) (ab) 4., 48.56 (2), 48.561
13	13	(2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1)
14	14	(r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 252.14 (1) (ar) 7., 252.15 (1) (er),
15	15	253.10 (2) (f), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (m),
16	16	450.10 (3) (a) 10., 457.01 (1c), 457.01 (1r), 457.01 (10), 457.02 (5) and (5m),
17	17	457.03 (2), 457.033, 457.035 (2), 457.04 (1), 457.04 (2), 457.04 (4), 457.04 (7),
18	18	457.09 (4) (b) 1., 457.09 (4) (b) 2., 457.24 (1), 457.26 (2) (intro.) and 905.04 (1)
19	19	(g); to repeal and recreate 632.89 (1) (dm); to create 14.898, 440.03 (11m) (c)
20	20	2v., 440.03 (13) (c) 1. id., 457.01 (5g), 457.01 (5j), 457.01 (12), 457.08 (4m),
21	21	457.25 (1g) and subchapter III of chapter 457 [precedes 457.70] of the statutes;
22	22	relating to: ratification of the Social Work Licensure Compact.
23	23	Analysis by the Legislative Reference Bureau
24	24	This bill ratifies and enters Wisconsin into the Social Work Licensure
25	25	Compact, which provides for the ability of a social worker to become eligible to
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40	40	practice in other compact states. Significant provisions of the compact include the
41	41	following:
42	42	1. The creation of a Social Work Licensure Compact Commission, which
43	43	includes one member or administrator of the licensure authorities of each member
44	44	state. The commission has various powers and duties granted in the compact,
45	45	including establishing bylaws, promulgating binding rules for the compact, hiring
46	46	officers, electing or appointing employees, and establishing and electing an
47	47	executive committee. The commission may levy on and collect an annual
48	48	assessment from each member state or impose fees on licensees of member states to
49	49	cover the cost of the operations and activities of the commission and its staff.
50	50	2. The ability for a social worker who is licensed in a home state and satisfies
51	51	certain other criteria to obtain a multistate license, which allows a social worker to
52	52	practice social work in all other compact states (remote states) under a multistate
53	53	authorization to practice. The compact specifies a number of requirements in order
54	54	for an individual to obtain a social worker multistate license, including holding or
55	55	being eligible for a social worker license in a home state, paying any required fees,
56	56	and satisfying a number of criteria that are specific to the category of social work
57	57	license the individual is seeking—bachelor[s, master[s, or clinical. A regulated
58	58	social worker[s services in a remote state are subject to that member state[s
59	59	regulatory authority. A remote state may take actions against a social worker[s
60	60	multistate authorization to practice within that remote state, and if any adverse
61	61	action is taken by a home state against a licensee[s multistate license, the social
62	62	worker[s multistate authorization to practice in all other member states is
63	63	deactivated until all encumbrances have been removed from the multistate license.
64	64	3. The ability of member states to issue subpoenas that are enforceable in
65	65	other states.
66	66	4. The creation of a coordinated data system containing licensure and
67	67	disciplinary action information on social workers. The compact requires all home
68	68	state disciplinary orders that impose adverse actions against the license of a
69	69	regulated social worker to include a statement that the regulated social worker[s
70	70	multistate authorization to practice is deactivated in all member states until all
71	71	conditions of the decision, order, or agreement are satisfied. A member state must
72	72	submit a uniform data set to the data system on all individuals to whom the
73	73	compact is applicable as required by the rules of the commission.
74	74	5. Provisions regarding resolutions of disputes among member states and
75	75	between member and nonmember states, including a process for termination of a
76	76	state[s membership in the compact if the state defaults on its obligations under the
77	77	compact.
78	78	Since the compact has already been enacted by the minimum number of states
79	79	required for it to become active, the compact becomes effective in this state upon
80	80	enactment of the bill. The compact provides that it may be amended upon
81	81	enactment of an amendment by all member states. A state may withdraw from the
82	82	compact by repealing the statute authorizing the compact, but the compact provides 2025 - 2026 Legislature
83	83	SENATE BILL 74
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86	86	SECTION 1
87	87	that a withdrawal does not take effect until 180 days after the effective date of that
88	88	repeal.
89	89	For further information see the state fiscal estimate, which will be printed as
90	90	an appendix to this bill.
91	91	The people of the state of Wisconsin, represented in senate and assembly, do
92	92	enact as follows:
93	93	SECTION 1. 14.898 of the statutes is created to read:
94	94	14.898 Social work licensure compact. There is created a social work
95	95	licensure compact commission as specified in s. 457.70. The delegate on the
96	96	commission representing this state shall be appointed by the marriage and family
97	97	therapy, professional counseling, and social work examining board as provided in s.
98	98	457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
99	99	The commission has the powers and duties granted and imposed under s. 457.70.
100	100	SECTION 2. 46.90 (4) (ab) 4. of the statutes is amended to read:
101	101	46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and
102	102	family therapist certified under, as those terms are defined in subch. I of ch. 457 or
103	103	a professional counselor who is exercising the privilege to practice, as defined in s.
104	104	457.50 (2) (s), in this state.
105	105	SECTION 3. 48.56 (2) of the statutes is amended to read:
106	106	48.56 (2) Each county department shall employ personnel who devote all or
107	107	part of their time to child welfare services. Whenever possible, these personnel
108	108	shall be social workers certified under subch. I of ch. 457, as defined in s. 457.01
109	109	(10).
110	110	SECTION 4. 48.561 (2) of the statutes is amended to read:
111	111	48.561 (2) The department shall employ personnel in a county having a
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134	134	SECTION 4
135	135	population of 750,000 or more who devote all of their time directly or indirectly to
136	136	child welfare services. Whenever possible, these personnel shall be social workers
137	137	certified under subch. I of ch. 457, as defined in s. 457.01 (10).
138	138	SECTION 5. 49.45 (30j) (a) 1. of the statutes is amended to read:
139	139	49.45 (30j) (a) 1. XCompetent mental health professionalY means a physician
140	140	who has completed a residence in psychiatry; a psychologist; a private practice
141	141	school psychologist who is licensed under ch. 455; a marriage and family therapist
142	142	who is licensed under s. 457.10 or 457.11; a professional counselor who is licensed
143	143	under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to
144	144	practice, as defined in s. 457.50 (2) (s) 457.01 (7), in this state; an advanced practice
145	145	social worker who holds a certificate under s. 457.08 (2), as defined in s. 457.01 (1c);
146	146	an independent social worker who holds a certificate under s. 457.08 (3), as defined
147	147	in s. 457.01 (2g); a clinical social worker who is licensed under s. 457.08 (4), as
148	148	defined in s. 457.01 (1r); a clinical substance abuse counselor or independent
149	149	clinical supervisor who is certified under s. 440.88, or any of these individuals who
150	150	is practicing under a currently valid training or temporary license or certificate
151	151	granted under applicable provisions of ch. 457. XCompetent mental health
152	152	professionalY does not include an individual whose license, certificate, or privilege
153	153	is suspended, revoked, or voluntarily surrendered, or whose license, certificate, or
154	154	privilege is limited or restricted, when practicing in areas prohibited by the
155	155	limitation or restriction.
156	156	SECTION 6. 51.03 (6) (a) of the statutes is amended to read:
157	157	51.03 (6) (a) In this subsection, Xlicensed treatment professionalY means a
158	158	physician who has completed a residence in psychiatry; a psychologist; a private
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186	186	SECTION 6
187	187	practice school psychologist who is licensed under ch. 455; a marriage and family
188	188	therapist who is licensed under s. 457.10 or 457.11, as defined in s. 457.01 (3); a
189	189	professional counselor who is licensed under s. 457.12 or 457.13 or who is exercising
190	190	the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this
191	191	state, as defined in s. 457.01 (7); an advanced practice social worker who holds a
192	192	certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
193	193	worker who is licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical
194	194	social worker who is licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any
195	195	of these individuals who is practicing under a currently valid training or temporary
196	196	license or certificate granted under applicable provisions of ch. 457. XLicensed
197	197	treatment professionalY does not include an individual whose license, certificate, or
198	198	privilege is suspended, revoked, or voluntarily surrendered, or whose license,
199	199	certificate, or privilege is limited or restricted, when practicing in areas prohibited
200	200	by the limitation or restriction.
201	201	SECTION 7. 55.043 (1m) (a) 4. of the statutes is amended to read:
202	202	55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
203	203	family therapist certified under, as those terms are defined in subch. I of ch. 457 or
204	204	a professional counselor who is exercising the privilege to practice, as defined in s.
205	205	457.50 (2) (s), in this state.
206	206	SECTION 8. 146.81 (1) (hg) of the statutes is amended to read:
207	207	146.81 (1) (hg) A social worker, marriage and family therapist, or professional
208	208	counselor certified or licensed under, as those terms are defined in subch. I of ch.
209	209	457 or a professional counselor who is exercising the privilege to practice, as defined
210	210	in s. 457.50 (2) (s), in this state.
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238	238	SECTION 9
239	239	SECTION 9. 146.89 (1) (r) 6. of the statutes is amended to read:
240	240	146.89 (1) (r) 6. A social worker who holds a certificate granted under subch.
241	241	I of ch. 457, as defined in s. 457.01 (10).
242	242	SECTION 10. 146.89 (1) (r) 7. of the statutes is amended to read:
243	243	146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch.
244	244	I of ch. 457, as defined in s. 457.01 (3) or a professional counselor who is licensed
245	245	under subch. I of ch. 457, as defined in s. 457.01 (7).
246	246	SECTION 11. 146.997 (1) (d) 11. of the statutes is amended to read:
247	247	146.997 (1) (d) 11. A social worker, marriage and family therapist or
248	248	professional counselor certified under, as those terms are defined in subch. I of ch.
249	249	457 or a professional counselor who is exercising the privilege to practice, as defined
250	250	in s. 457.50 (2) (s), in this state.
251	251	SECTION 12. 252.14 (1) (ar) 7. of the statutes is amended to read:
252	252	252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
253	253	professional counselor certified or licensed under, as those terms are defined in
254	254	subch. I of ch. 457 or a professional counselor who is exercising the privilege to
255	255	practice, as defined in s. 457.50 (2) (s), in this state.
256	256	SECTION 13. 252.15 (1) (er) of the statutes is amended to read:
257	257	252.15 (1) (er) XSocial workerY means an individual who is certified or
258	258	licensed as a social worker, advanced practice social worker, independent social
259	259	worker, or clinical social worker under, as those terms are defined in subch. I of ch.
260	260	457.
261	261	SECTION 14. 253.10 (2) (f) of the statutes is amended to read:
262	262	253.10 (2) (f) XQualified person assisting the physicianY means a social
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290	290	SECTION 14
291	291	worker certified under subch. I of ch. 457, as defined in s. 457.01 (10), a registered
292	292	nurse or a physician assistant to whom a physician who is to perform or induce an
293	293	abortion has delegated the responsibility, as the physician[s agent, for providing the
294	294	information required under sub. (3) (c) 2.
295	295	SECTION 15. 303.08 (1) (f) of the statutes is amended to read:
296	296	303.08 (1) (f) Obtaining counseling or therapy from an approved public
297	297	treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
298	298	facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed
299	299	clinical social worker, as defined in s. 457.01 (1r), a professional counselor, as
300	300	defined in s. 457.01 (7), or a certified an independent social worker, as defined in s.
301	301	457.01 (2g), or an advanced practice social worker, as defined in s. 457.01 (1c), who
302	302	is authorized to practice psychotherapy under subch. I of ch. 457.
303	303	SECTION 16. 440.03 (11m) (c) 2v. of the statutes is created to read:
304	304	440.03 (11m) (c) 2v. The coordinated data system under s. 457.70 (11), if such
305	305	disclosure is required under the social work licensure compact under s. 457.70.
306	306	SECTION 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
307	307	440.03 (13) (b) (intro.) The department may investigate whether an applicant
308	308	for or holder of any of the following credentials has been charged with or convicted
309	309	of a crime only pursuant to rules promulgated by the department under this
310	310	paragraph, including rules that establish the criteria that the department will use
311	311	to determine whether an investigation under this paragraph is necessary, except as
312	312	provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3.,
313	313	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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340	340	SECTION 17
341	341	4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and
342	342	459.70 (3) (b) 2.:
343	343	SECTION 18. 440.03 (13) (c) 1. id. of the statutes is created to read:
344	344	440.03 (13) (c) 1. id. An applicant for any category of social worker multistate
345	345	license under s. 457.08 (4m) when required pursuant to the social work licensure
346	346	compact under s. 457.70.
347	347	SECTION 19. 440.15 of the statutes is amended to read:
348	348	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
349	349	441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
350	350	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)
351	351	(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
352	352	459.70 (3) (b) 1., the department or a credentialing board may not require that an
353	353	applicant for a credential or a credential holder be fingerprinted or submit
354	354	fingerprints in connection with the department[s or the credentialing board[s
355	355	credentialing.
356	356	SECTION 20. 446.01 (1v) (m) of the statutes is amended to read:
357	357	446.01 (1v) (m) Marriage and family therapy, professional counseling, and
358	358	social work examining board under subch. I of ch. 457. XHealth care professionalY
359	359	also includes an individual who is exercising the professional counselor privilege to
360	360	practice, as defined in s. 457.50 (2) (s), in this state and an individual who is
361	361	exercising a multistate authorization to practice, as defined in s. 457.70 (2) (q),
362	362	under any category of social worker multistate license, as defined in s. 457.70 (2) (r),
363	363	in this state.
364	364	SECTION 21. 450.10 (3) (a) 10. of the statutes is amended to read:
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392	392	SECTION 21
393	393	450.10 (3) (a) 10. A social worker, marriage and family therapist, or
394	394	professional counselor certified or licensed under, as those terms are defined in
395	395	subch. I of ch. 457 or a professional counselor who is exercising the privilege to
396	396	practice, as defined in s. 457.50 (2) (s), in this state.
397	397	SECTION 22. 457.01 (1c) of the statutes is amended to read:
398	398	457.01 (1c) XAdvanced practice social workerY means an individual who holds
399	399	an advanced practice social worker certificate granted by the social worker section
400	400	or who is exercising a multistate authorization to practice under a master[s-
401	401	category multistate license.
402	402	SECTION 23. 457.01 (1r) of the statutes is amended to read:
403	403	457.01 (1r) XClinical social workerY means an individual who holds a license
404	404	to practice clinical social work granted by the social worker section or who is
405	405	exercising a multistate authorization to practice under a clinical-category
406	406	multistate license.
407	407	SECTION 24. 457.01 (5g) of the statutes is created to read:
408	408	457.01 (5g) XMultistate authorization to practiceY means the multistate
409	409	authorization to practice, as defined in s. 457.70 (2) (q), of an individual to practice
410	410	the appropriate category of social work in this state under a multistate license
411	411	granted by another state that is a party to the social work licensure compact.
412	412	SECTION 25. 457.01 (5j) of the statutes is created to read:
413	413	457.01 (5j) XMultistate licenseY has the meaning given in s. 457.70 (2) (r).
414	414	SECTION 26. 457.01 (10) of the statutes is amended to read:
415	415	457.01 (10) XSocial workerY means an individual who holds a social worker
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442	442	SECTION 26
443	443	certificate granted by the social worker section or who is exercising a multistate
444	444	authorization to practice under a bachelor[s-category multistate license.
445	445	SECTION 27. 457.01 (12) of the statutes is created to read:
446	446	457.01 (12) XSocial work licensure compactY means the social work licensure
447	447	compact under s. 457.70.
448	448	SECTION 28. 457.02 (5) and (5m) of the statutes are amended to read:
449	449	457.02 (5) Authorize any individual who is certified under s. 457.08 (1),
450	450	457.09 (1), or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to
451	451	practice to use the title Xalcohol and drug counselorY or Xchemical dependency
452	452	counselorY unless the individual is certified as an alcohol and drug counselor or as
453	453	a chemical dependency counselor through a process recognized by the department.
454	454	(5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1),
455	455	or 457.14 (1) (a) to (c) or who is exercising a multistate authorization to practice to
456	456	treat substance use disorder as a specialty unless the individual is a certified
457	457	substance abuse counselor, clinical supervisor, or prevention specialist under s.
458	458	440.88, or unless the individual satisfies educational and supervised training
459	459	requirements established in rules promulgated by the examining board. In
460	460	promulgating rules under this subsection, the examining board shall consider the
461	461	requirements for qualifying as a certified substance abuse counselor, clinical
462	462	supervisor, or prevention specialist under s. 440.88.
463	463	SECTION 29. 457.03 (2) of the statutes is amended to read:
464	464	457.03 (2) Upon the advice of the social worker section, marriage and family
465	465	therapist section, and professional counselor section, promulgate rules establishing
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488	488	23 2025 - 2026 Legislature
489	489	SENATE BILL 74
490	490	- 11 - LRB-1310/1
491	491	MED:emw
492	492	SECTION 29
493	493	a code of ethics to govern the professional conduct of certificate credential holders
494	494	and licensees individuals exercising a multistate authorization to practice. The
495	495	rules shall specify the services included within the practice of social work, advanced
496	496	practice social work, or independent social work that an individual who is certified
497	497	under this subchapter as a social worker, advanced practice social worker, or
498	498	independent social worker may perform and the degree of supervision, if any,
499	499	required to perform those services.
500	500	SECTION 30. 457.033 of the statutes is amended to read:
501	501	457.033 Psychometric testing. The marriage and family therapy,
502	502	professional counseling, and social work examining board and the psychology
503	503	examining board shall jointly promulgate rules that specify the different levels of
504	504	psychometric testing that an individual who is certified or licensed under this
505	505	subchapter a credential holder, or an individual who holds a valid professional
506	506	counselor privilege to practice in this state is exercising a multistate authorization
507	507	to practice, is qualified to perform. Such rules shall be consistent with the
508	508	guidelines of the American Psychological Association, or other nationally
509	509	recognized guidelines, for performing psychometric testing. A certificate credential
510	510	holder, licensee, or holder of a professional counselor privilege or individual who is
511	511	exercising a multistate authorization to practice may not engage in psychometric
512	512	testing except as provided under the rules promulgated under this section.
513	513	SECTION 31. 457.035 (2) of the statutes is amended to read:
514	514	457.035 (2) The individual is certified as an advanced practice social worker
515	515	or independent social worker and the individual engages in psychotherapy only
516	516	under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.
517	517	1
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540	540	24 2025 - 2026 Legislature
541	541	SENATE BILL 74
542	542	- 12 - LRB-1310/1
543	543	MED:emw
544	544	SECTION 32
545	545	SECTION 32. 457.04 (1) of the statutes is amended to read:
546	546	457.04 (1) Use the title Xsocial workerY unless the person is certified as a
547	547	social worker under this subchapter or holds a bachelor[s-category multistate
548	548	license granted in another state that is a party to the social work licensure compact.
549	549	SECTION 33. 457.04 (2) of the statutes is amended to read:
550	550	457.04 (2) Use the title Xadvanced practice social workerY unless the person is
551	551	certified as an advanced practice social worker under this subchapter or holds a
552	552	master[s-category multistate license granted in another state that is a party to the
553	553	social work licensure compact.
554	554	SECTION 34. 457.04 (4) of the statutes is amended to read:
555	555	457.04 (4) Practice clinical social work or designate himself or herself as a
556	556	clinical social worker or use or assume the title Xclinical social workerY or any other
557	557	title or designation that represents or may tend to represent the person as a clinical
558	558	social worker unless the person is licensed as a clinical social worker under this
559	559	subchapter or holds a clinical-category multistate license granted in another state
560	560	that is a party to the social work licensure compact or unless the person is certified
561	561	under this subchapter as an advanced practice social worker or independent social
562	562	worker or holds a master[s-category multistate license granted in another state that
563	563	is a party to the social work licensure compact, and the person practices clinical
564	564	social work under the supervision of a person who is licensed as a clinical social
565	565	worker under this subchapter.
566	566	SECTION 35. 457.04 (7) of the statutes is amended to read:
567	567	457.04 (7) Practice psychotherapy unless the person is licensed under this
568	568	subchapter, holds a valid professional counselor privilege to practice in this state, or
569	569	1
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592	592	24 2025 - 2026 Legislature
593	593	SENATE BILL 74
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595	595	MED:emw
596	596	SECTION 35
597	597	is a certificate holder who may practice psychotherapy under except in accordance
598	598	with the rules promulgated under ss. 457.03 and 457.035.
599	599	SECTION 36. 457.08 (4m) of the statutes is created to read:
600	600	457.08 (4m) MULTISTATE SOCIAL WORK LICENSES. (a) The social worker
601	601	section shall grant a clinical-category multistate license to any of the following:
602	602	1. An individual who holds or is eligible for a clinical social worker license
603	603	under sub. (4), satisfies the requirements under s. 457.70 (4) (a) and (b), and pays
604	604	the fee specified in s. 440.05 (1).
605	605	2. An individual who holds a clinical-category multistate license in another
606	606	state that is a party to the social work licensure compact, has changed his or her
607	607	state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
608	608	(b), and pays the fee specified in s. 440.05 (1).
609	609	(b) The social worker section shall grant a master[s-category multistate
610	610	license to any of the following:
611	611	1. An individual who holds or is eligible for an advanced practice social worker
612	612	certificate under sub. (2), satisfies the requirements under s. 457.70 (4) (a) and (c),
613	613	and pays the fee specified in s. 440.05 (1).
614	614	2. An individual who holds a master[s-category multistate license in another
615	615	state that is a party to the social work licensure compact, has changed his or her
616	616	state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
617	617	(b), and pays the fee specified in s. 440.05 (1).
618	618	(c) The social worker section shall grant a bachelor[s-category multistate
619	619	license to any of the following:
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642	642	23 2025 - 2026 Legislature
643	643	SENATE BILL 74
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645	645	MED:emw
646	646	SECTION 36
647	647	1. An individual who holds or is eligible for a social worker certificate under
648	648	sub. (1), satisfies the requirements under s. 457.70 (4) (a) and (d), and pays the fee
649	649	specified in s. 440.05 (1).
650	650	2. An individual who holds a bachelor[s-category multistate license in another
651	651	state that is a party to the social work licensure compact, has changed his or her
652	652	state of primary domicile to this state, satisfies the requirements under s. 457.70 (7)
653	653	(b), and pays the fee specified in s. 440.05 (1).
654	654	SECTION 37. 457.09 (4) (b) 1. of the statutes is amended to read:
655	655	457.09 (4) (b) 1. A human services internship that involves direct practice
656	656	with clients and that is supervised by a social worker certified under this
657	657	subchapter who has a bachelor[s or master[s degree in social work.
658	658	SECTION 38. 457.09 (4) (b) 2. of the statutes is amended to read:
659	659	457.09 (4) (b) 2. One year of social work employment that involves direct
660	660	practice with clients and that is supervised by a social worker certified under this
661	661	subchapter who has a bachelor[s or master[s degree in social work.
662	662	SECTION 39. 457.24 (1) of the statutes is amended to read:
663	663	457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
664	664	worker, marriage and family therapist, or professional counselor under this
665	665	subchapter or who is exercising the professional counselor privilege to practice in
666	666	this state may not practice clinical social work, marriage and family therapy, or
667	667	professional counseling unless he or she has in effect professional liability
668	668	insurance. The examining board shall promulgate rules establishing the minimum
669	669	amount of insurance required under this subsection.
670	670	SECTION 40. 457.25 (1) of the statutes is renumbered 457.25 (1r).
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694	694	24 2025 - 2026 Legislature
695	695	SENATE BILL 74
696	696	- 15 - LRB-1310/1
697	697	MED:emw
698	698	SECTION 41
699	699	SECTION 41. 457.25 (1g) of the statutes is created to read:
700	700	457.25 (1g) In this section, Xcredential holderY includes an individual
701	701	practicing under a multistate authorization to practice.
702	702	SECTION 42. 457.26 (2) (intro.) of the statutes is amended to read:
703	703	457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
704	704	appropriate section of the examining board may reprimand a credential holder or
705	705	an individual practicing under a multistate authorization to practice or deny, limit,
706	706	suspend, or revoke a credential under this subchapter or a multistate authorization
707	707	to practice if it finds that the applicant or credential holder or individual has done
708	708	any of the following:
709	709	SECTION 43. Subchapter III of chapter 457 [precedes 457.70] of the statutes is
710	710	created to read:
711	711	CHAPTER 457
712	712	SUBCHAPTER III
713	713	SOCIAL WORK LICENSURE COMPACT
714	714	457.70 Social work licensure compact. (1) PURPOSE. The purpose of this
715	715	compact is to facilitate interstate practice of regulated social workers by improving
716	716	public access to competent social work services. The compact preserves the
717	717	regulatory authority of states to protect public health and safety through the
718	718	current system of state licensure. This compact is designed to achieve the following
719	719	objectives:
720	720	(a) Increase public access to social work services;
721	721	(b) Reduce overly burdensome and duplicative requirements associated with
722	722	holding multiple licenses;
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747	747	SENATE BILL 74
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749	749	MED:emw
750	750	SECTION 43
751	751	(c) Enhance the member states[ ability to protect the public[s health and
752	752	safety;
753	753	(d) Encourage the cooperation of member states in regulating multistate
754	754	practice;
755	755	(e) Promote mobility and address workforce shortages by eliminating the
756	756	necessity for licenses in multiple states by providing for the mutual recognition of
757	757	other member state licenses;
758	758	(f) Support military families;
759	759	(g) Facilitate the exchange of licensure and disciplinary information among
760	760	member states;
761	761	(h) Authorize all member states to hold a regulated social worker accountable
762	762	for abiding by a member state[s laws, regulations, and applicable professional
763	763	standards in the member state in which the client is located at the time care is
764	764	rendered; and
765	765	(i) Allow for the use of telehealth to facilitate increased access to regulated
766	766	social work services.
767	767	(2) DEFINITIONS. As used in this compact, and except as otherwise provided,
768	768	the following definitions shall apply:
769	769	(a) XActive military memberY means any individual with full-time duty status
770	770	in the active armed forces of the United States including members of the national
771	771	guard and reserve.
772	772	(b) XAdverse actionY means any administrative, civil, equitable or criminal
773	773	action permitted by a state[s laws which is imposed by a licensing authority or other
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797	797	SENATE BILL 74
798	798	- 17 - LRB-1310/1
799	799	MED:emw
800	800	SECTION 43
801	801	authority against a regulated social worker, including actions against an
802	802	individual[s license or multistate authorization to practice such as revocation,
803	803	suspension, probation, monitoring of the licensee, limitation on the licensee[s
804	804	practice, or any other encumbrance on licensure affecting a regulated social
805	805	worker[s authorization to practice, including issuance of a cease and desist action.
806	806	(c) XAlternative programY means a nondisciplinary monitoring or practice
807	807	remediation process approved by a licensing authority to address practitioners with
808	808	an impairment.
809	809	(d) XCharter member statesY means member states who have enacted
810	810	legislation to adopt this compact where such legislation predates the effective date
811	811	of this compact as described in sub. (14).
812	812	(e) XCompact commissionY or XcommissionY means the government agency
813	813	whose membership consists of all states that have enacted this compact, which is
814	814	known as the social work licensure compact commission, as described in sub. (10),
815	815	and which shall operate as an instrumentality of the member states.
816	816	(f) XCurrent significant investigative informationY means:
817	817	1. Investigative information that a licensing authority, after a preliminary
818	818	inquiry that includes notification and an opportunity for the regulated social
819	819	worker to respond has reason to believe is not groundless and, if proved true, would
820	820	indicate more than a minor infraction as may be defined by the commission; or
821	821	2. Investigative information that indicates that the regulated social worker
822	822	represents an immediate threat to public health and safety, as may be defined by
823	823	1
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845	845	SENATE BILL 74
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847	847	MED:emw
848	848	SECTION 43
849	849	the commission, regardless of whether the regulated social worker has been notified
850	850	and has had an opportunity to respond.
851	851	(g) XData systemY means a repository of information about licensees,
852	852	including, continuing education, examination, licensure, current significant
853	853	investigative information, disqualifying event, multistate license(s) and adverse
854	854	action information or other information as required by the commission.
855	855	(h) XDisqualifying eventY means any adverse action or incident which results
856	856	in an encumbrance that disqualifies or makes the licensee ineligible to either
857	857	obtain, retain or renew a multistate license.
858	858	(i) XDomicileY means the jurisdiction in which the licensee resides and
859	859	intends to remain indefinitely.
860	860	(j) XEncumbranceY means a revocation or suspension of, or any limitation on,
861	861	the full and unrestricted practice of social work licensed and regulated by a
862	862	licensing authority.
863	863	(k) XExecutive committeeY means a group of delegates elected or appointed to
864	864	act on behalf of, and within the powers granted to them by, the compact and
865	865	commission.
866	866	(L) XHome stateY means the member state that is the licensee[s primary
867	867	domicile.
868	868	(m) XImpairmentY means a condition(s) that may impair a practitioner[s
869	869	ability to engage in full and unrestricted practice as a regulated social worker
870	870	without some type of intervention and may include alcohol and drug dependence,
871	871	mental health impairment, and neurological or physical impairments.
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897	897	MED:emw
898	898	SECTION 43
899	899	(n) XLicensee(s)Y means an individual who currently holds a license from a
900	900	state to practice as a regulated social worker.
901	901	(o) XLicensing authorityY means the board or agency of a member state, or
902	902	equivalent, that is responsible for the licensing and regulation of regulated social
903	903	workers.
904	904	(p) XMember stateY means a state, commonwealth, district, or territory of the
905	905	United States of America that has enacted this compact.
906	906	(q) XMultistate authorization to practiceY means a legally authorized privilege
907	907	to practice, which is equivalent to a license, associated with a multistate license
908	908	permitting the practice of social work in a remote state.
909	909	(r) XMultistate licenseY means a license to practice as a regulated social
910	910	worker issued by a home state licensing authority that authorizes the regulated
911	911	social worker to practice in all member states under multistate authorization to
912	912	practice.
913	913	(s) XQualifying national examY means a national licensing examination
914	914	approved by the commission.
915	915	(t) XRegulated social workerY means any clinical, master[s or bachelor[s social
916	916	worker licensed by a member state regardless of the title used by that member
917	917	state.
918	918	(u) XRemote stateY means a member state other than the licensee[s home
919	919	state.
920	920	(v) XRule(s)Y or Xrule(s) of the commissionY means a regulation or regulations
921	921	1
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943	943	SENATE BILL 74
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946	946	SECTION 43
947	947	duly promulgated by the commission, as authorized by the compact, that has the
948	948	force of law.
949	949	(w) XSingle state licenseY means a social work license issued by any state that
950	950	authorizes practice only within the issuing state and does not include multistate
951	951	authorization to practice in any member state.
952	952	(x) XSocial workY or Xsocial work servicesY means the application of social
953	953	work theory, knowledge, methods, ethics, and the professional use of self to restore
954	954	or enhance social, psychosocial, or biopsychosocial functioning of individuals,
955	955	couples, families, groups, organizations, and communities through the care and
956	956	services provided by a regulated social worker as set forth in the member state[s
957	957	statutes and regulations in the state where the services are being provided.
958	958	(y) XStateY means any state, commonwealth, district, or territory of the
959	959	United States of America that regulates the practice of social work.
960	960	(z) XUnencumbered licenseY means a license that authorizes a regulated
961	961	social worker to engage in the full and unrestricted practice of social work.
962	962	(3) STATE PARTICIPATION IN THE COMPACT. (a) To be eligible to participate in
963	963	the compact, a potential member state must currently meet all of the following
964	964	criteria:
965	965	1. License and regulate the practice of social work at either the clinical,
966	966	master[s, or bachelor[s category.
967	967	2. Require applicants for licensure to graduate from a program that is:
968	968	a. Operated by a college or university recognized by the licensing authority;
969	969	b. Accredited, or in candidacy by an institution that subsequently becomes
970	970	1
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995	995	MED:emw
996	996	SECTION 43
997	997	accredited, by an accrediting agency recognized by either the Council for Higher
998	998	Education Accreditation, or its successor; or the United States department of
999	999	education; and
1000	1000	c. Corresponds to the licensure sought as outlined in sub. (4).
1001	1001	3. Require applicants for clinical licensure to complete a period of supervised
1002	1002	practice.
1003	1003	4. Have a mechanism in place for receiving, investigating, and adjudicating
1004	1004	complaints about licensees.
1005	1005	(b) To maintain membership in the compact a member state shall:
1006	1006	1. Require that applicants for a multistate license pass a qualifying national
1007	1007	exam for the corresponding category of multistate license sought as outlined in sub.
1008	1008	(4).
1009	1009	2. Participate fully in the commission[s data system, including using the
1010	1010	commission[s unique identifier as defined in rules;
1011	1011	3. Notify the commission, in compliance with the terms of the compact and
1012	1012	rules, of any adverse action or the availability of current significant investigative
1013	1013	information regarding a licensee;
1014	1014	4. Implement procedures for considering the criminal history records of
1015	1015	applicants for a multistate license. Such procedures shall include the submission of
1016	1016	fingerprints or other biometric-based information by applicants for the purpose of
1017	1017	obtaining an applicant[s criminal history record information from the federal
1018	1018	bureau of investigation and the agency responsible for retaining that state[s
1019	1019	criminal records.
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1046	1046	SECTION 43
1047	1047	5. Comply with the rules of the commission;
1048	1048	6. Require an applicant to obtain or retain a license in the home state and
1049	1049	meet the home state[s qualifications for licensure or renewal of licensure, as well as
1050	1050	all other applicable home state laws;
1051	1051	7. Authorize a licensee holding a multistate license in any member state to
1052	1052	practice in accordance with the terms of the compact and rules of the commission;
1053	1053	and
1054	1054	8. Designate a delegate to participate in the commission meetings.
1055	1055	(c) A member state meeting the requirements of pars. (a) and (b) shall
1056	1056	designate the categories of social work licensure that are eligible for issuance of a
1057	1057	multistate license for applicants in such member state. To the extent that any
1058	1058	member state does not meet the requirements for participation in the compact at
1059	1059	any particular category of social work licensure, such member state may choose, but
1060	1060	is not obligated to, issue a multistate license to applicants that otherwise meet the
1061	1061	requirements of sub. (4) for issuance of a multistate license in such category or
1062	1062	categories of licensure.
1063	1063	(d) The home state may charge a fee for granting the multistate license.
1064	1064	(4) SOCIAL WORKER PARTICIPATION IN THE COMPACT. (a) To be eligible for a
1065	1065	multistate license under the terms and provisions of the compact, an applicant,
1066	1066	regardless of category must:
1067	1067	1. Hold or be eligible for an active, unencumbered license in the home state;
1068	1068	2. Pay any applicable fees, including any state fee, for the multistate license;
1069	1069	3. Submit, in connection with an application for a multistate license,
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1097	1097	fingerprints or other biometric data for the purpose of obtaining criminal history
1098	1098	record information from the federal bureau of investigation and the agency
1099	1099	responsible for retaining that state[s criminal records.
1100	1100	4. Notify the home state of any adverse action, encumbrance, or restriction on
1101	1101	any professional license taken by any member state or nonmember state within 30
1102	1102	days from the date the action is taken.
1103	1103	5. Meet any continuing competence requirements established by the home
1104	1104	state;
1105	1105	6. Abide by the laws, regulations, and applicable standards in the member
1106	1106	state where the client is located at the time care is rendered.
1107	1107	(b) An applicant for a clinical-category multistate license must meet all of the
1108	1108	following requirements:
1109	1109	1. Fulfill a competency requirement, which shall be satisfied by either:
1110	1110	a. Passage of a clinical-category qualifying national exam; or
1111	1111	b. Licensure of the applicant in their home state at the clinical category,
1112	1112	beginning prior to such time as a qualifying national exam was required by the
1113	1113	home state and accompanied by a period of continuous social work licensure
1114	1114	thereafter, all of which may be further governed by the rules of the commission; or
1115	1115	c. The substantial equivalency of the foregoing competency requirements
1116	1116	which the commission may determine by rule.
1117	1117	2 Attain at least a master[s degree in social work from a program that is:
1118	1118	a. Operated by a college or university recognized by the licensing authority;
1119	1119	and
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1146	1146	SECTION 43
1147	1147	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1148	1148	accrediting agency recognized by either the Council for Higher Education
1149	1149	Accreditation or its successor; or the United States department of education.
1150	1150	3. Fulfill a practice requirement, which shall be satisfied by demonstrating
1151	1151	completion of either:
1152	1152	a. A period of postgraduate supervised clinical practice equal to a minimum of
1153	1153	3,000 hours; or
1154	1154	b. A minimum of 2 years of full-time postgraduate supervised clinical
1155	1155	practice; or
1156	1156	c. The substantial equivalency of the foregoing practice requirements which
1157	1157	the commission may determine by rule.
1158	1158	(c) An applicant for a master[s-category multistate license must meet all of
1159	1159	the following requirements:
1160	1160	1. Fulfill a competency requirement, which shall be satisfied by either:
1161	1161	a. Passage of a masters-category qualifying national exam;
1162	1162	b. Licensure of the applicant in their home state at the master[s category,
1163	1163	beginning prior to such time as a qualifying national exam was required by the
1164	1164	home state at the master[s category and accompanied by a continuous period of
1165	1165	social work licensure thereafter, all of which may be further governed by the rules of
1166	1166	the commission; or
1167	1167	c. The substantial equivalency of the foregoing competency requirements
1168	1168	which the commission may determine by rule.
1169	1169	2. Attain at least a master[s degree in social work from a program that is:
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1196	1196	SECTION 43
1197	1197	a. Operated by a college or university recognized by the licensing authority;
1198	1198	and
1199	1199	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1200	1200	accrediting agency recognized by either the Council for Higher Education
1201	1201	Accreditation or its successor; or the United States department of education.
1202	1202	(d) An applicant for a bachelor[s-category multistate license must meet all of
1203	1203	the following requirements:
1204	1204	1. Fulfill a competency requirement, which shall be satisfied by either:
1205	1205	a. Passage of a bachelor[s-category qualifying national exam;
1206	1206	b. Licensure of the applicant in their home state at the bachelor[s category,
1207	1207	beginning prior to such time as a qualifying national exam was required by the
1208	1208	home state and accompanied by a period of continuous social work licensure
1209	1209	thereafter, all of which may be further governed by the rules of the commission; or
1210	1210	c. The substantial equivalency of the foregoing competency requirements
1211	1211	which the commission may determine by rule.
1212	1212	2. Attain at least a bachelor[s degree in social work from a program that is:
1213	1213	a. Operated by a college or university recognized by the licensing authority;
1214	1214	and
1215	1215	b. Accredited, or in candidacy that subsequently becomes accredited, by an
1216	1216	accrediting agency recognized by either the Council for Higher Education
1217	1217	Accreditation or its successor; or the United States department of education.
1218	1218	(e) The multistate license for a regulated social worker is subject to the
1219	1219	renewal requirements of the home state. The regulated social worker must
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1246	1246	SECTION 43
1247	1247	maintain compliance with the requirements of par. (a) to be eligible to renew a
1248	1248	multistate license.
1249	1249	(f) The regulated social worker[s services in a remote state are subject to that
1250	1250	member state[s regulatory authority. A remote state may, in accordance with due
1251	1251	process and that member state[s laws, remove a regulated social worker[s
1252	1252	multistate authorization to practice in the remote state for a specific period of time,
1253	1253	impose fines, and take any other necessary actions to protect the health and safety
1254	1254	of its citizens.
1255	1255	(g) If a multistate license is encumbered, the regulated social worker[s
1256	1256	multistate authorization to practice shall be deactivated in all remote states until
1257	1257	the multistate license is no longer encumbered.
1258	1258	(h) If a multistate authorization to practice is encumbered in a remote state,
1259	1259	the regulated social worker[s multistate authorization to practice may be
1260	1260	deactivated in that state until the multistate authorization to practice is no longer
1261	1261	encumbered.
1262	1262	(5) ISSUANCE OF A MULTISTATE LICENSE. (a) Upon receipt of an application for
1263	1263	multistate license, the home state licensing authority shall determine the
1264	1264	applicant[s eligibility for a multistate license in accordance with sub. (4).
1265	1265	(b) If such applicant is eligible pursuant to sub. (4), the home state licensing
1266	1266	authority shall issue a multistate license that authorizes the applicant or regulated
1267	1267	social worker to practice in all member states under a multistate authorization to
1268	1268	practice.
1269	1269	(c) Upon issuance of a multistate license, the home state licensing authority
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1296	1296	SECTION 43
1297	1297	shall designate whether the regulated social worker holds a multistate license in
1298	1298	the bachelor[s, master[s, or clinical category of social work.
1299	1299	(d) A multistate license issued by a home state to a resident in that state shall
1300	1300	be recognized by all compact member states as authorizing social work practice
1301	1301	under a multistate authorization to practice corresponding to each category of
1302	1302	licensure regulated in each member state.
1303	1303	(6) AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE
1304	1304	LICENSING AUTHORITIES. (a) Nothing in this compact, nor any rule of the
1305	1305	commission, shall be construed to limit, restrict, or in any way reduce the ability of
1306	1306	a member state to enact and enforce laws, regulations, or other rules related to the
1307	1307	practice of social work in that state, where those laws, regulations, or other rules
1308	1308	are not inconsistent with the provisions of this compact.
1309	1309	(b) Nothing in this compact shall affect the requirements established by a
1310	1310	member state for the issuance of a single state license.
1311	1311	(c) Nothing in this compact, nor any rule of the commission, shall be construed
1312	1312	to limit, restrict, or in any way reduce the ability of a member state to take adverse
1313	1313	action against a licensee[s single state license to practice social work in that state.
1314	1314	(d) Nothing in this compact, nor any rule of the commission, shall be
1315	1315	construed to limit, restrict, or in any way reduce the ability of a remote state to take
1316	1316	adverse action against a licensee[s multistate authorization to practice in that
1317	1317	state.
1318	1318	(e) Nothing in this compact, nor any rule of the commission, shall be
1319	1319	construed to limit, restrict, or in any way reduce the ability of a licensee[s home
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1346	1346	SECTION 43
1347	1347	state to take adverse action against a licensee[s multistate license based upon
1348	1348	information provided by a remote state.
1349	1349	(7) REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE. (a) A
1350	1350	licensee can hold a multistate license, issued by their home state, in only one
1351	1351	member state at any given time.
1352	1352	(b) If a licensee changes their home state by moving between 2 member states:
1353	1353	1. The licensee shall immediately apply for the reissuance of their multistate
1354	1354	license in their new home state. The licensee shall pay all applicable fees and notify
1355	1355	the prior home state in accordance with the rules of the commission.
1356	1356	2. Upon receipt of an application to reissue a multistate license, the new home
1357	1357	state shall verify that the multistate license is active, unencumbered and eligible
1358	1358	for reissuance under the terms of the compact and the rules of the commission. The
1359	1359	multistate license issued by the prior home state will be deactivated and all
1360	1360	member states notified in accordance with the applicable rules adopted by the
1361	1361	commission.
1362	1362	3. Prior to the reissuance of the multistate license, the new home state shall
1363	1363	conduct procedures for considering the criminal history records of the licensee.
1364	1364	Such procedures shall include the submission of fingerprints or other biometric-
1365	1365	based information by applicants for the purpose of obtaining an applicant[s
1366	1366	criminal history record information from the federal bureau of investigation and the
1367	1367	agency responsible for retaining that state[s criminal records.
1368	1368	4. If required for initial licensure, the new home state may require completion
1369	1369	of jurisprudence requirements in the new home state.
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1396	1396	SECTION 43
1397	1397	5. Notwithstanding any other provision of this compact, if a licensee does not
1398	1398	meet the requirements set forth in this compact for the reissuance of a multistate
1399	1399	license by the new home state, then the licensee shall be subject to the new home
1400	1400	state requirements for the issuance of a single state license in that state.
1401	1401	(c) If a licensee changes their primary state of residence by moving from a
1402	1402	member state to a nonmember state, or from a nonmember state to a member state,
1403	1403	then the licensee shall be subject to the state requirements for the issuance of a
1404	1404	single state license in the new home state.
1405	1405	(d) Nothing in this compact shall interfere with a licensee[s ability to hold a
1406	1406	single state license in multiple states; however, for the purposes of this compact, a
1407	1407	licensee shall have only one home state, and only one multistate license.
1408	1408	(e) Nothing in this compact shall interfere with the requirements established
1409	1409	by a member state for the issuance of a single state license.
1410	1410	(8) MILITARY FAMILIES. An active military member or their spouse shall
1411	1411	designate a home state where the individual has a multistate license. The
1412	1412	individual may retain their home state designation during the period the service
1413	1413	member is on active duty.
1414	1414	(9) ADVERSE ACTIONS. (a) In addition to the other powers conferred by state
1415	1415	law, a remote state shall have the authority, in accordance with existing state due
1416	1416	process law, to:
1417	1417	1. Take adverse action against a regulated social worker[s multistate
1418	1418	authorization to practice only within that member state, and issue subpoenas for
1419	1419	both hearings and investigations that require the attendance and testimony of
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1446	1446	SECTION 43
1447	1447	witnesses as well as the production of evidence. Subpoenas issued by a licensing
1448	1448	authority in a member state for the attendance and testimony of witnesses or the
1449	1449	production of evidence from another member state shall be enforced in the latter
1450	1450	state by any court of competent jurisdiction, according to the practice and procedure
1451	1451	of that court applicable to subpoenas issued in proceedings pending before it. The
1452	1452	issuing licensing authority shall pay any witness fees, travel expenses, mileage, and
1453	1453	other fees required by the service statutes of the state in which the witnesses or
1454	1454	evidence are located.
1455	1455	2. Only the home state shall have the power to take adverse action against a
1456	1456	regulated social worker[s multistate license.
1457	1457	(b) For purposes of taking adverse action, the home state shall give the same
1458	1458	priority and effect to reported conduct received from a member state as it would if
1459	1459	the conduct had occurred within the home state. In so doing, the home state shall
1460	1460	apply its own state laws to determine appropriate action.
1461	1461	(c) The home state shall complete any pending investigations of a regulated
1462	1462	social worker who changes their home state during the course of the investigations.
1463	1463	The home state shall also have the authority to take appropriate action(s) and shall
1464	1464	promptly report the conclusions of the investigations to the administrator of the
1465	1465	data system. The administrator of the data system shall promptly notify the new
1466	1466	home state of any adverse actions.
1467	1467	(d) A member state, if otherwise permitted by state law, may recover from the
1468	1468	affected regulated social worker the costs of investigations and dispositions of cases
1469	1469	resulting from any adverse action taken against that regulated social worker.
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1496	1496	SECTION 43
1497	1497	(e) A member state may take adverse action based on the factual findings of
1498	1498	another member state, provided that the member state follows its own procedures
1499	1499	for taking the adverse action.
1500	1500	(f) Joint investigations. 1. In addition to the authority granted to a member
1501	1501	state by its respective social work practice act or other applicable state law, any
1502	1502	member state may participate with other member states in joint investigations of
1503	1503	licensees.
1504	1504	2. Member states shall share any investigative, litigation, or compliance
1505	1505	materials in furtherance of any joint or individual investigation initiated under the
1506	1506	compact.
1507	1507	(g) If adverse action is taken by the home state against the multistate license
1508	1508	of a regulated social worker, the regulated social worker[s multistate authorization
1509	1509	to practice in all other member states shall be deactivated until all encumbrances
1510	1510	have been removed from the multistate license. All home state disciplinary orders
1511	1511	that impose adverse action against the license of a regulated social worker shall
1512	1512	include a statement that the regulated social worker[s multistate authorization to
1513	1513	practice is deactivated in all member states until all conditions of the decision,
1514	1514	order or agreement are satisfied.
1515	1515	(h) If a member state takes adverse action, it shall promptly notify the
1516	1516	administrator of the data system. The administrator of the data system shall
1517	1517	promptly notify the home state and all other member states of any adverse actions
1518	1518	by remote states.
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1544	1544	SECTION 43
1545	1545	(i) Nothing in this compact shall override a member state[s decision that
1546	1546	participation in an alternative program may be used in lieu of adverse action.
1547	1547	(j) Nothing in this compact shall authorize a member state to demand the
1548	1548	issuance of subpoenas for attendance and testimony of witnesses or the production
1549	1549	of evidence from another member state for lawful actions within that member state.
1550	1550	(k) Nothing in this compact shall authorize a member state to impose
1551	1551	discipline against a regulated social worker who holds a multistate authorization to
1552	1552	practice for lawful actions within another member state.
1553	1553	(10) ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION. (a)
1554	1554	The compact member states hereby create and establish a joint government agency
1555	1555	whose membership consists of all member states that have enacted the compact
1556	1556	known as the social work licensure compact commission. The commission is an
1557	1557	instrumentality of the compact states acting jointly and not an instrumentality of
1558	1558	any one state. The commission shall come into existence on or after the effective
1559	1559	date of the compact as set forth in sub. (14).
1560	1560	(b) Membership, voting, and meetings. 1. Each member state shall have and
1561	1561	be limited to one delegate selected by that member state[s state licensing authority.
1562	1562	2. The delegate shall be either:
1563	1563	a. A current member of the state licensing authority at the time of
1564	1564	appointment, who is a regulated social worker or public member of the state
1565	1565	licensing authority; or
1566	1566	b. An administrator of the state licensing authority or their designee.
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1587	1587	21
1588	1588	22 2025 - 2026 Legislature
1589	1589	SENATE BILL 74
1590	1590	- 33 - LRB-1310/1
1591	1591	MED:emw
1592	1592	SECTION 43
1593	1593	3. The commission shall by rule or bylaw establish a term of office for
1594	1594	delegates and may by rule or bylaw establish term limits.
1595	1595	4. The commission may recommend removal or suspension any delegate from
1596	1596	office.
1597	1597	5. A member state[s state licensing authority shall fill any vacancy of its
1598	1598	delegate occurring on the commission within 60 days of the vacancy.
1599	1599	6. Each delegate shall be entitled to one vote on all matters before the
1600	1600	commission requiring a vote by commission delegates.
1601	1601	7. A delegate shall vote in person or by such other means as provided in the
1602	1602	bylaws. The bylaws may provide for delegates to meet by telecommunication,
1603	1603	videoconference, or other means of communication.
1604	1604	8. The commission shall meet at least once during each calendar year.
1605	1605	Additional meetings may be held as set forth in the bylaws. The commission may
1606	1606	meet by telecommunication, video conference or other similar electronic means.
1607	1607	(c) The commission shall have the following powers:
1608	1608	1. Establish the fiscal year of the commission;
1609	1609	2. Establish code of conduct and conflict of interest policies;
1610	1610	3. Establish and amend rules and bylaws;
1611	1611	4. Maintain its financial records in accordance with the bylaws;
1612	1612	5. Meet and take such actions as are consistent with the provisions of this
1613	1613	compact, the commission[s rules, and the bylaws;
1614	1614	6. Initiate and conclude legal proceedings or actions in the name of the
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1617	1617	3
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1632	1632	18
1633	1633	19
1634	1634	20
1635	1635	21
1636	1636	22 2025 - 2026 Legislature
1637	1637	SENATE BILL 74
1638	1638	- 34 - LRB-1310/1
1639	1639	MED:emw
1640	1640	SECTION 43
1641	1641	commission, provided that the standing of any state licensing board to sue or be
1642	1642	sued under applicable law shall not be affected;
1643	1643	7. Maintain and certify records and information provided to a member state
1644	1644	as the authenticated business records of the commission, and designate an agent to
1645	1645	do so on the commission[s behalf;
1646	1646	8. Purchase and maintain insurance and bonds;
1647	1647	9. Borrow, accept, or contract for services of personnel, including, but not
1648	1648	limited to, employees of a member state;
1649	1649	10. Conduct an annual financial review;
1650	1650	11. Hire employees, elect or appoint officers, fix compensation, define duties,
1651	1651	grant such individuals appropriate authority to carry out the purposes of the
1652	1652	compact, and establish the commission[s personnel policies and programs relating
1653	1653	to conflicts of interest, qualifications of personnel, and other related personnel
1654	1654	matters;
1655	1655	12. Assess and collect fees;
1656	1656	13. Accept any and all appropriate gifts, donations, grants of money, other
1657	1657	sources of revenue, equipment, supplies, materials, and services, and receive,
1658	1658	utilize, and dispose of the same; provided that at all times the commission shall
1659	1659	avoid any appearance of impropriety or conflict of interest;
1660	1660	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
1661	1661	personal, or mixed, or any undivided interest therein;
1662	1662	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
1663	1663	dispose of any property real, personal, or mixed;
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1685	1685	22
1686	1686	23 2025 - 2026 Legislature
1687	1687	SENATE BILL 74
1688	1688	- 35 - LRB-1310/1
1689	1689	MED:emw
1690	1690	SECTION 43
1691	1691	16. Establish a budget and make expenditures;
1692	1692	17. Borrow money;
1693	1693	18. Appoint committees, including standing committees, composed of
1694	1694	members, state regulators, state legislators or their representatives, and consumer
1695	1695	representatives, and such other interested persons as may be designated in this
1696	1696	compact and the bylaws;
1697	1697	19. Provide and receive information from, and cooperate with, law
1698	1698	enforcement agencies;
1699	1699	20. Establish and elect an executive committee, including a chair and a vice
1700	1700	chair;
1701	1701	21. Determine whether a state[s adopted language is materially different from
1702	1702	the model compact language such that the state would not qualify for participation
1703	1703	in the compact; and
1704	1704	22. Perform such other functions as may be necessary or appropriate to
1705	1705	achieve the purposes of this compact.
1706	1706	(d) The executive committee. 1. The executive committee shall have the power
1707	1707	to act on behalf of the commission according to the terms of this compact. The
1708	1708	powers, duties, and responsibilities of the executive committee shall include:
1709	1709	a. Oversee the day-to-day activities of the administration of the compact
1710	1710	including enforcement and compliance with the provisions of the compact, its rules
1711	1711	and bylaws, and other such duties as deemed necessary;
1712	1712	b. Recommend to the commission changes to the rules or bylaws, changes to
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1732	1732	20
1733	1733	21
1734	1734	22 2025 - 2026 Legislature
1735	1735	SENATE BILL 74
1736	1736	- 36 - LRB-1310/1
1737	1737	MED:emw
1738	1738	SECTION 43
1739	1739	this compact legislation, fees charged to compact member states, fees charged to
1740	1740	licensees, and other fees;
1741	1741	c. Ensure compact administration services are appropriately provided,
1742	1742	including by contract;
1743	1743	d. Prepare and recommend the budget;
1744	1744	e. Maintain financial records on behalf of the commission;
1745	1745	f. Monitor compact compliance of member states and provide compliance
1746	1746	reports to the commission;
1747	1747	g. Establish additional committees as necessary;
1748	1748	h. Exercise the powers and duties of the commission during the interim
1749	1749	between commission meetings, except for adopting or amending rules, adopting or
1750	1750	amending bylaws, and exercising any other powers and duties expressly reserved to
1751	1751	the commission by rule or bylaw; and
1752	1752	i. Other duties as provided in the rules or bylaws of the commission.
1753	1753	2. The executive committee shall be composed of up to 11 members:
1754	1754	a. The chair and vice chair of the commission shall be voting members of the
1755	1755	executive committee; and
1756	1756	b. The commission shall elect 5 voting members from the current membership
1757	1757	of the commission.
1758	1758	c. Up to 4 ex officio, nonvoting members from 4 recognized national social
1759	1759	work organizations.
1760	1760	d. The ex officio members will be selected by their respective organizations.
1761	1761	1
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1781	1781	21
1782	1782	22 2025 - 2026 Legislature
1783	1783	SENATE BILL 74
1784	1784	- 37 - LRB-1310/1
1785	1785	MED:emw
1786	1786	SECTION 43
1787	1787	3. The commission may remove any member of the executive committee as
1788	1788	provided in the commission[s bylaws.
1789	1789	4. The executive committee shall meet at least annually.
1790	1790	a. Executive committee meetings shall be open to the public, except that the
1791	1791	executive committee may meet in a closed, nonpublic meeting as provided in par. (f)
1792	1792	2. below.
1793	1793	b. The executive committee shall give 7 days[ notice of its meetings, posted on
1794	1794	its website and as determined to provide notice to persons with an interest in the
1795	1795	business of the commission.
1796	1796	c. The executive committee may hold a special meeting in accordance with
1797	1797	par. (f) 1. b. below.
1798	1798	(e) The commission shall adopt and provide to the member states an annual
1799	1799	report.
1800	1800	(f) Meetings of the commission. 1. All meetings shall be open to the public,
1801	1801	except that the commission may meet in a closed, nonpublic meeting as provided in
1802	1802	subd. 2. below.
1803	1803	a. Public notice for all meetings of the full commission of meetings shall be
1804	1804	given in the same manner as required under the rule-making provisions in sub.
1805	1805	(12), except that the commission may hold a special meeting as provided in subd. 1.
1806	1806	b. below.
1807	1807	b. The commission may hold a special meeting when it must meet to conduct
1808	1808	emergency business by giving 48 hours[ notice to all commissioners, on the
1809	1809	commission[s website, and other means as provided in the commission[s rules. The
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1831	1831	22
1832	1832	23 2025 - 2026 Legislature
1833	1833	SENATE BILL 74
1834	1834	- 38 - LRB-1310/1
1835	1835	MED:emw
1836	1836	SECTION 43
1837	1837	commission[s legal counsel shall certify that the commission[s need to meet
1838	1838	qualifies as an emergency.
1839	1839	2. The commission or the executive committee or other committees of the
1840	1840	commission may convene in a closed, nonpublic meeting for the commission or
1841	1841	executive committee or other committees of the commission to receive legal advice
1842	1842	or to discuss:
1843	1843	a. Noncompliance of a member state with its obligations under the compact;
1844	1844	b. The employment, compensation, discipline or other matters, practices or
1845	1845	procedures related to specific employees;
1846	1846	c. Current or threatened discipline of a licensee by the commission or by a
1847	1847	member state[s licensing authority;
1848	1848	d. Current, threatened, or reasonably anticipated litigation;
1849	1849	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
1850	1850	real estate;
1851	1851	f. Accusing any person of a crime or formally censuring any person;
1852	1852	g. Trade secrets or commercial or financial information that is privileged or
1853	1853	confidential;
1854	1854	h. Information of a personal nature where disclosure would constitute a
1855	1855	clearly unwarranted invasion of personal privacy;
1856	1856	i. Investigative records compiled for law enforcement purposes;
1857	1857	j. Information related to any investigative reports prepared by or on behalf of
1858	1858	or for use of the commission or other committee charged with responsibility of
1859	1859	investigation or determination of compliance issues pursuant to the compact;
1860	1860	1
1861	1861	2
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1881	1881	22
1882	1882	23 2025 - 2026 Legislature
1883	1883	SENATE BILL 74
1884	1884	- 39 - LRB-1310/1
1885	1885	MED:emw
1886	1886	SECTION 43
1887	1887	k. Matters specifically exempted from disclosure by federal or member state
1888	1888	law; or
1889	1889	L. Other matters as promulgated by the commission by rule.
1890	1890	3. If a meeting, or portion of a meeting, is closed, the presiding officer shall
1891	1891	state that the meeting will be closed and reference each relevant exempting
1892	1892	provision, and such reference shall be recorded in the minutes.
1893	1893	4. The commission shall keep minutes that fully and clearly describe all
1894	1894	matters discussed in a meeting and shall provide a full and accurate summary of
1895	1895	actions taken, and the reasons therefore, including a description of the views
1896	1896	expressed. All documents considered in connection with an action shall be
1897	1897	identified in such minutes. All minutes and documents of a closed meeting shall
1898	1898	remain under seal, subject to release only by a majority vote of the commission or
1899	1899	order of a court of competent jurisdiction.
1900	1900	(g) Financing of the commission. 1. The commission shall pay, or provide for
1901	1901	the payment of, the reasonable expenses of its establishment, organization, and
1902	1902	ongoing activities.
1903	1903	2. The commission may accept any and all appropriate revenue sources as
1904	1904	provided in par. (c) 13.
1905	1905	3. The commission may levy on and collect an annual assessment from each
1906	1906	member state and impose fees on licensees of member states to whom it grants a
1907	1907	multistate license to cover the cost of the operations and activities of the
1908	1908	commission and its staff, which must be in a total amount sufficient to cover its
1909	1909	annual budget as approved each year for which revenue is not provided by other
1910	1910	1
1911	1911	2
1912	1912	3
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1930	1930	21
1931	1931	22
1932	1932	23 2025 - 2026 Legislature
1933	1933	SENATE BILL 74
1934	1934	- 40 - LRB-1310/1
1935	1935	MED:emw
1936	1936	SECTION 43
1937	1937	sources. The aggregate annual assessment amount for member states shall be
1938	1938	allocated based upon a formula that the commission shall promulgate by rule.
1939	1939	4. The commission shall not incur obligations of any kind prior to securing the
1940	1940	funds adequate to meet the same; nor shall the commission pledge the credit of any
1941	1941	of the member states, except by and with the authority of the member state.
1942	1942	5. The commission shall keep accurate accounts of all receipts and
1943	1943	disbursements. The receipts and disbursements of the commission shall be subject
1944	1944	to the financial review and accounting procedures established under its bylaws.
1945	1945	However, all receipts and disbursements of funds handled by the commission shall
1946	1946	be subject to an annual financial review by a certified or licensed public accountant,
1947	1947	and the report of the financial review shall be included in and become part of the
1948	1948	annual report of the commission.
1949	1949	(h) Qualified immunity, defense, and indemnification. 1. The members,
1950	1950	officers, executive director, employees and representatives of the commission shall
1951	1951	be immune from suit and liability, both personally and in their official capacity, for
1952	1952	any claim for damage to or loss of property or personal injury or other civil liability
1953	1953	caused by or arising out of any actual or alleged act, error, or omission that
1954	1954	occurred, or that the person against whom the claim is made had a reasonable basis
1955	1955	for believing occurred within the scope of commission employment, duties or
1956	1956	responsibilities; provided that nothing in this subdivision shall be construed to
1957	1957	protect any such person from suit or liability for any damage, loss, injury, or liability
1958	1958	caused by the intentional or willful or wanton misconduct of that person. The
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1980	1980	22 2025 - 2026 Legislature
1981	1981	SENATE BILL 74
1982	1982	- 41 - LRB-1310/1
1983	1983	MED:emw
1984	1984	SECTION 43
1985	1985	procurement of insurance of any type by the commission shall not in any way
1986	1986	compromise or limit the immunity granted hereunder.
1987	1987	2. The commission shall defend any member, officer, executive director,
1988	1988	employee, and representative of the commission in any civil action seeking to
1989	1989	impose liability arising out of any actual or alleged act, error, or omission that
1990	1990	occurred within the scope of commission employment, duties, or responsibilities, or
1991	1991	as determined by the commission that the person against whom the claim is made
1992	1992	had a reasonable basis for believing occurred within the scope of commission
1993	1993	employment, duties, or responsibilities; provided that nothing herein shall be
1994	1994	construed to prohibit that person from retaining their own counsel at their own
1995	1995	expense; and provided further, that the actual or alleged act, error, or omission did
1996	1996	not result from that person[s intentional or willful or wanton misconduct.
1997	1997	3. The commission shall indemnify and hold harmless any member, officer,
1998	1998	executive director, employee, and representative of the commission for the amount
1999	1999	of any settlement or judgment obtained against that person arising out of any
2000	2000	actual or alleged act, error, or omission that occurred within the scope of
2001	2001	commission employment, duties, or responsibilities, or that such person had a
2002	2002	reasonable basis for believing occurred within the scope of commission
2003	2003	employment, duties, or responsibilities, provided that the actual or alleged act,
2004	2004	error, or omission did not result from the intentional or willful or wanton
2005	2005	misconduct of that person.
2006	2006	4. Nothing herein shall be construed as a limitation on the liability of any
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2014	2014	8
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2028	2028	22 2025 - 2026 Legislature
2029	2029	SENATE BILL 74
2030	2030	- 42 - LRB-1310/1
2031	2031	MED:emw
2032	2032	SECTION 43
2033	2033	licensee for professional malpractice or misconduct, which shall be governed solely
2034	2034	by any other applicable state laws.
2035	2035	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
2036	2036	a member state[s state action immunity or state action affirmative defense with
2037	2037	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
2038	2038	or federal antitrust or anticompetitive law or regulation.
2039	2039	6. Nothing in this compact shall be construed to be a waiver of sovereign
2040	2040	immunity by the member states or by the commission.
2041	2041	(11) DATA SYSTEM. (a) The commission shall provide for the development,
2042	2042	maintenance, operation, and utilization of a coordinated data system.
2043	2043	(b) The commission shall assign each applicant for a multistate license a
2044	2044	unique identifier, as determined by the rules of the commission.
2045	2045	(c) Notwithstanding any other provision of state law to the contrary, a
2046	2046	member state shall submit a uniform data set to the data system on all individuals
2047	2047	to whom this compact is applicable as required by the rules of the commission,
2048	2048	including:
2049	2049	1. Identifying information;
2050	2050	2. Licensure data;
2051	2051	3. Adverse actions against a license and information related thereto;
2052	2052	4. Nonconfidential information related to alternative program participation,
2053	2053	the beginning and ending dates of such participation, and other information related
2054	2054	to such participation not made confidential under member state law;
2055	2055	5. Any denial of application for licensure, and the reason(s) for such denial;
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2057	2057	2
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2078	2078	23 2025 - 2026 Legislature
2079	2079	SENATE BILL 74
2080	2080	- 43 - LRB-1310/1
2081	2081	MED:emw
2082	2082	SECTION 43
2083	2083	6. The presence of current significant investigative information; and
2084	2084	7. Other information that may facilitate the administration of this compact or
2085	2085	the protection of the public, as determined by the rules of the commission.
2086	2086	(d) The records and information provided to a member state pursuant to this
2087	2087	compact or through the data system, when certified by the commission or an agent
2088	2088	thereof, shall constitute the authenticated business records of the commission, and
2089	2089	shall be entitled to any associated hearsay exception in any relevant judicial, quasi-
2090	2090	judicial or administrative proceedings in a member state.
2091	2091	(e) Current significant investigative information pertaining to a licensee in
2092	2092	any member state will only be available to other member states.
2093	2093	1. It is the responsibility of the member states to report any adverse action
2094	2094	against a licensee and to monitor the database to determine whether adverse action
2095	2095	has been taken against a licensee. Adverse action information pertaining to a
2096	2096	licensee in any member state will be available to any other member state.
2097	2097	(f) Member states contributing information to the data system may designate
2098	2098	information that may not be shared with the public without the express permission
2099	2099	of the contributing state.
2100	2100	(g) Any information submitted to the data system that is subsequently
2101	2101	expunged pursuant to federal law or the laws of the member state contributing the
2102	2102	information shall be removed from the data system.
2103	2103	(12) RULE MAKING. (a) The commission shall promulgate reasonable rules in
2104	2104	order to effectively and efficiently implement and administer the purposes and
2105	2105	provisions of the compact. A rule shall be invalid and have no force or effect only if
2106	2106	1
2107	2107	2
2108	2108	3
2109	2109	4
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2127	2127	22
2128	2128	23 2025 - 2026 Legislature
2129	2129	SENATE BILL 74
2130	2130	- 44 - LRB-1310/1
2131	2131	MED:emw
2132	2132	SECTION 43
2133	2133	a court of competent jurisdiction holds that the rule is invalid because the
2134	2134	commission exercised its rule-making authority in a manner that is beyond the
2135	2135	scope and purposes of the compact, or the powers granted hereunder, or based upon
2136	2136	another applicable standard of review.
2137	2137	(b) The rules of the commission shall have the force of law in each member
2138	2138	state, provided however that where the rules of the commission conflict with the
2139	2139	laws of the member state that establish the member state[s laws, regulations, and
2140	2140	applicable standards that govern the practice of social work as held by a court of
2141	2141	competent jurisdiction, the rules of the commission shall be ineffective in that state
2142	2142	to the extent of the conflict.
2143	2143	(c) The commission shall exercise its rule-making powers pursuant to the
2144	2144	criteria set forth in this subsection and the rules adopted thereunder. Rules shall
2145	2145	become binding on the day following adoption or the date specified in the rule or
2146	2146	amendment, whichever is later.
2147	2147	(d) If a majority of the legislatures of the member states rejects a rule or
2148	2148	portion of a rule, by enactment of a statute or resolution in the same manner used
2149	2149	to adopt the compact within 4 years of the date of adoption of the rule, then such
2150	2150	rule shall have no further force and effect in any member state.
2151	2151	(e) Rules shall be adopted at a regular or special meeting of the commission.
2152	2152	(f) Prior to adoption of a proposed rule, the commission shall hold a public
2153	2153	hearing and allow persons to provide oral and written comments, data, facts,
2154	2154	opinions, and arguments.
2155	2155	(g) Prior to adoption of a proposed rule by the commission, and at least 30
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2178	2178	23 2025 - 2026 Legislature
2179	2179	SENATE BILL 74
2180	2180	- 45 - LRB-1310/1
2181	2181	MED:emw
2182	2182	SECTION 43
2183	2183	days in advance of the meeting at which the commission will hold a public hearing
2184	2184	on the proposed rule, the commission shall provide a notice of proposed rule
2185	2185	making:
2186	2186	1. On the website of the commission or other publicly accessible platform;
2187	2187	2. To persons who have requested notice of the commission[s notices of
2188	2188	proposed rule making, and
2189	2189	3. In such other way(s) as the commission may by rule specify.
2190	2190	(h) The notice of proposed rule making shall include:
2191	2191	1. The time, date, and location of the public hearing at which the commission
2192	2192	will hear public comments on the proposed rule and, if different, the time, date, and
2193	2193	location of the meeting where the commission will consider and vote on the
2194	2194	proposed rule;
2195	2195	2. If the hearing is held via telecommunication, video conference, or other
2196	2196	electronic means, the commission shall include the mechanism for access to the
2197	2197	hearing in the notice of proposed rule making;
2198	2198	3. The text of the proposed rule and the reason therefor;
2199	2199	4. A request for comments on the proposed rule from any interested person;
2200	2200	and
2201	2201	5. The manner in which interested persons may submit written comments.
2202	2202	(i) All hearings will be recorded. A copy of the recording and all written
2203	2203	comments and documents received by the commission in response to the proposed
2204	2204	rule shall be available to the public.
2205	2205	(j) Nothing in this subsection shall be construed as requiring a separate
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2228	2228	23 2025 - 2026 Legislature
2229	2229	SENATE BILL 74
2230	2230	- 46 - LRB-1310/1
2231	2231	MED:emw
2232	2232	SECTION 43
2233	2233	hearing on each rule. Rules may be grouped for the convenience of the commission
2234	2234	at hearings required by this subsection.
2235	2235	(k) The commission shall, by majority vote of all members, take final action on
2236	2236	the proposed rule based on the rule-making record and the full text of the rule.
2237	2237	1. The commission may adopt changes to the proposed rule provided the
2238	2238	changes do not enlarge the original purpose of the proposed rule.
2239	2239	2. The commission shall provide an explanation of the reasons for substantive
2240	2240	changes made to the proposed rule as well as reasons for substantive changes not
2241	2241	made that were recommended by commenters.
2242	2242	3. The commission shall determine a reasonable effective date for the rule.
2243	2243	Except for an emergency as provided in par. (L), the effective date of the rule shall
2244	2244	be no sooner than 30 days after issuing the notice that it adopted or amended the
2245	2245	rule.
2246	2246	(L) Upon determination that an emergency exists, the commission may
2247	2247	consider and adopt an emergency rule with 48 hours[ notice, with opportunity to
2248	2248	comment, provided that the usual rule-making procedures provided in the compact
2249	2249	and in this subsection shall be retroactively applied to the rule as soon as
2250	2250	reasonably possible, in no event later than 90 days after the effective date of the
2251	2251	rule. For the purposes of this provision, an emergency rule is one that must be
2252	2252	adopted immediately in order to:
2253	2253	1. Meet an imminent threat to public health, safety, or welfare;
2254	2254	2. Prevent a loss of commission or member state funds;
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2276	2276	22 2025 - 2026 Legislature
2277	2277	SENATE BILL 74
2278	2278	- 47 - LRB-1310/1
2279	2279	MED:emw
2280	2280	SECTION 43
2281	2281	3. Meet a deadline for the promulgation of a rule that is established by federal
2282	2282	law or rule; or
2283	2283	4. Protect public health and safety.
2284	2284	(m) The commission or an authorized committee of the commission may direct
2285	2285	revisions to a previously adopted rule for purposes of correcting typographical
2286	2286	errors, errors in format, errors in consistency, or grammatical errors. Public notice
2287	2287	of any revisions shall be posted on the website of the commission. The revision shall
2288	2288	be subject to challenge by any person for a period of 30 days after posting. The
2289	2289	revision may be challenged only on grounds that the revision results in a material
2290	2290	change to a rule. A challenge shall be made in writing and delivered to the
2291	2291	commission prior to the end of the notice period. If no challenge is made, the
2292	2292	revision will take effect without further action. If the revision is challenged, the
2293	2293	revision may not take effect without the approval of the commission.
2294	2294	(n) No member state[s rule-making requirements shall apply under this
2295	2295	compact.
2296	2296	(13) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT . (a) Oversight. 1.
2297	2297	The executive and judicial branches of state government in each member state shall
2298	2298	enforce this compact and take all actions necessary and appropriate to implement
2299	2299	the compact.
2300	2300	2. Except as otherwise provided in this compact, venue is proper and judicial
2301	2301	proceedings by or against the commission shall be brought solely and exclusively in
2302	2302	a court of competent jurisdiction where the principal office of the commission is
2303	2303	located. The commission may waive venue and jurisdictional defenses to the extent
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2326	2326	23 2025 - 2026 Legislature
2327	2327	SENATE BILL 74
2328	2328	- 48 - LRB-1310/1
2329	2329	MED:emw
2330	2330	SECTION 43
2331	2331	it adopts or consents to participate in alternative dispute resolution proceedings.
2332	2332	Nothing herein shall affect or limit the selection or propriety of venue in any action
2333	2333	against a licensee for professional malpractice, misconduct or any such similar
2334	2334	matter.
2335	2335	3. The commission shall be entitled to receive service of process in any
2336	2336	proceeding regarding the enforcement or interpretation of the compact and shall
2337	2337	have standing to intervene in such a proceeding for all purposes. Failure to provide
2338	2338	the commission service of process shall render a judgment or order void as to the
2339	2339	commission, this compact, or promulgated rules.
2340	2340	(b) Default, technical assistance, and termination. 1. If the commission
2341	2341	determines that a member state has defaulted in the performance of its obligations
2342	2342	or responsibilities under this compact or the promulgated rules, the commission
2343	2343	shall provide written notice to the defaulting state. The notice of default shall
2344	2344	describe the default, the proposed means of curing the default, and any other action
2345	2345	that the commission may take, and shall offer training and specific technical
2346	2346	assistance regarding the default.
2347	2347	2. The commission shall provide a copy of the notice of default to the other
2348	2348	member states.
2349	2349	(c) If a state in default fails to cure the default, the defaulting state may be
2350	2350	terminated from the compact upon an affirmative vote of a majority of the delegates
2351	2351	of the member states, and all rights, privileges and benefits conferred on that state
2352	2352	by this compact may be terminated on the effective date of termination. A cure of
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2374	2374	22 2025 - 2026 Legislature
2375	2375	SENATE BILL 74
2376	2376	- 49 - LRB-1310/1
2377	2377	MED:emw
2378	2378	SECTION 43
2379	2379	the default does not relieve the offending state of obligations or liabilities incurred
2380	2380	during the period of default.
2381	2381	(d) Termination of membership in the compact shall be imposed only after all
2382	2382	other means of securing compliance have been exhausted. Notice of intent to
2383	2383	suspend or terminate shall be given by the commission to the governor, the majority
2384	2384	and minority leaders of the defaulting state[s legislature, the defaulting state[s
2385	2385	state licensing authority and each of the member states[ state licensing authority.
2386	2386	(e) A state that has been terminated is responsible for all assessments,
2387	2387	obligations, and liabilities incurred through the effective date of termination,
2388	2388	including obligations that extend beyond the effective date of termination.
2389	2389	(f) Upon the termination of a state[s membership from this compact, that
2390	2390	state shall immediately provide notice to all licensees within that state of such
2391	2391	termination. The terminated state shall continue to recognize all licenses granted
2392	2392	pursuant to this compact for a minimum of 6 months after the date of said notice of
2393	2393	termination.
2394	2394	(g) The commission shall not bear any costs related to a state that is found to
2395	2395	be in default or that has been terminated from the compact, unless agreed upon in
2396	2396	writing between the commission and the defaulting state.
2397	2397	(h) The defaulting state may appeal the action of the commission by
2398	2398	petitioning the U.S. District Court for the District of Columbia or the federal
2399	2399	district where the commission has its principal offices. The prevailing party shall
2400	2400	be awarded all costs of such litigation, including reasonable attorney[s fees.
2401	2401	(i) Dispute resolution. 1. Upon request by a member state, the commission
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2424	2424	23 2025 - 2026 Legislature
2425	2425	SENATE BILL 74
2426	2426	- 50 - LRB-1310/1
2427	2427	MED:emw
2428	2428	SECTION 43
2429	2429	shall attempt to resolve disputes related to the compact that arise among member
2430	2430	states and between member and nonmember states.
2431	2431	2. The commission shall promulgate a rule providing for both mediation and
2432	2432	binding dispute resolution for disputes as appropriate.
2433	2433	(j) Enforcement. 1. By majority vote as provided by rule, the commission may
2434	2434	initiate legal action against a member state in default in the United States District
2435	2435	Court for the District of Columbia or the federal district where the commission has
2436	2436	its principal offices to enforce compliance with the provisions of the compact and its
2437	2437	promulgated rules. The relief sought may include both injunctive relief and
2438	2438	damages. In the event judicial enforcement is necessary, the prevailing party shall
2439	2439	be awarded all costs of such litigation, including reasonable attorney[s fees. The
2440	2440	remedies herein shall not be the exclusive remedies of the commission. The
2441	2441	commission may pursue any other remedies available under federal or the
2442	2442	defaulting member state[s law.
2443	2443	2. A member state may initiate legal action against the commission in the
2444	2444	U.S. District Court for the District of Columbia or the federal district where the
2445	2445	commission has its principal offices to enforce compliance with the provisions of the
2446	2446	compact and its promulgated rules. The relief sought may include both injunctive
2447	2447	relief and damages. In the event judicial enforcement is necessary, the prevailing
2448	2448	party shall be awarded all costs of such litigation, including reasonable attorney[s
2449	2449	fees.
2450	2450	3. No person other than a member state shall enforce this compact against the
2451	2451	commission.
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2474	2474	23 2025 - 2026 Legislature
2475	2475	SENATE BILL 74
2476	2476	- 51 - LRB-1310/1
2477	2477	MED:emw
2478	2478	SECTION 43
2479	2479	(14) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT . (a) The compact shall
2480	2480	come into effect on the date on which the compact statute is enacted into law in the
2481	2481	7th member state.
2482	2482	1. On or after the effective date of the compact, the commission shall convene
2483	2483	and review the enactment of each of the first 7 member states (Xcharter member
2484	2484	statesY) to determine if the statute enacted by each such charter member state is
2485	2485	materially different than the model compact statute.
2486	2486	a. A charter member state whose enactment is found to be materially
2487	2487	different from the model compact statute shall be entitled to the default process set
2488	2488	forth in sub. (13).
2489	2489	b. If any member state is later found to be in default, or is terminated or
2490	2490	withdraws from the compact, the commission shall remain in existence and the
2491	2491	compact shall remain in effect even if the number of member states should be less
2492	2492	than 7.
2493	2493	2. Member states enacting the compact subsequent to the 7 initial charter
2494	2494	member states shall be subject to the process set forth in sub. (10) (c) 21. to
2495	2495	determine if their enactments are materially different from the model compact
2496	2496	statute and whether they qualify for participation in the compact.
2497	2497	3. All actions taken for the benefit of the commission or in furtherance of the
2498	2498	purposes of the administration of the compact prior to the effective date of the
2499	2499	compact or the commission coming into existence shall be considered to be actions
2500	2500	of the commission unless specifically repudiated by the commission.
2501	2501	4. Any state that joins the compact subsequent to the commission[s initial
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2524	2524	23 2025 - 2026 Legislature
2525	2525	SENATE BILL 74
2526	2526	- 52 - LRB-1310/1
2527	2527	MED:emw
2528	2528	SECTION 43
2529	2529	adoption of the rules and bylaws shall be subject to the rules and bylaws as they
2530	2530	exist on the date on which the compact becomes law in that state. Any rule that has
2531	2531	been previously adopted by the commission shall have the full force and effect of law
2532	2532	on the day the compact becomes law in that state.
2533	2533	(b) Any member state may withdraw from this compact by enacting a statute
2534	2534	repealing the same.
2535	2535	1. A member state[s withdrawal shall not take effect until 180 days after
2536	2536	enactment of the repealing statute.
2537	2537	2. Withdrawal shall not affect the continuing requirement of the withdrawing
2538	2538	state[s licensing authority to comply with the investigative and adverse action
2539	2539	reporting requirements of this compact prior to the effective date of withdrawal.
2540	2540	3. Upon the enactment of a statute withdrawing from this compact, a state
2541	2541	shall immediately provide notice of such withdrawal to all licensees within that
2542	2542	state. Notwithstanding any subsequent statutory enactment to the contrary, such
2543	2543	withdrawing state shall continue to recognize all licenses granted pursuant to this
2544	2544	compact for a minimum of 180 days after the date of such notice of withdrawal.
2545	2545	(c) Nothing contained in this compact shall be construed to invalidate or
2546	2546	prevent any licensure agreement or other cooperative arrangement between a
2547	2547	member state and a nonmember state that does not conflict with the provisions of
2548	2548	this compact.
2549	2549	(d) This compact may be amended by the member states. No amendment to
2550	2550	this compact shall become effective and binding upon any member state until it is
2551	2551	enacted into the laws of all member states.
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2574	2574	23 2025 - 2026 Legislature
2575	2575	SENATE BILL 74
2576	2576	- 53 - LRB-1310/1
2577	2577	MED:emw
2578	2578	SECTION 43
2579	2579	(15) CONSTRUCTION AND SEVERABILITY. (a) This compact and the
2580	2580	commission[s rule-making authority shall be liberally construed so as to effectuate
2581	2581	the purposes, and the implementation and administration of the compact.
2582	2582	Provisions of the compact expressly authorizing or requiring the promulgation of
2583	2583	rules shall not be construed to limit the commission[s rule-making authority solely
2584	2584	for those purposes.
2585	2585	(b) The provisions of this compact shall be severable and if any phrase, clause,
2586	2586	sentence or provision of this compact is held by a court of competent jurisdiction to
2587	2587	be contrary to the constitution of any member state, a state seeking participation in
2588	2588	the compact, or of the United States, or the applicability thereof to any government,
2589	2589	agency, person or circumstance is held to be unconstitutional by a court of
2590	2590	competent jurisdiction, the validity of the remainder of this compact and the
2591	2591	applicability thereof to any other government, agency, person or circumstance shall
2592	2592	not be affected thereby.
2593	2593	(c) Notwithstanding par. (b), the commission may deny a state[s participation
2594	2594	in the compact or, in accordance with the requirements of sub. (13) (b), terminate a
2595	2595	member state[s participation in the compact, if it determines that a constitutional
2596	2596	requirement of a member state is a material departure from the compact.
2597	2597	Otherwise, if this compact shall be held to be contrary to the constitution of any
2598	2598	member state, the compact shall remain in full force and effect as to the remaining
2599	2599	member states and in full force and effect as to the member state affected as to all
2600	2600	severable matters.
2601	2601	(16) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) A
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2624	2624	23 2025 - 2026 Legislature
2625	2625	SENATE BILL 74
2626	2626	- 54 - LRB-1310/1
2627	2627	MED:emw
2628	2628	SECTION 43
2629	2629	licensee providing services in a remote state under a multistate authorization to
2630	2630	practice shall adhere to the laws and regulations, including laws, regulations, and
2631	2631	applicable standards, of the remote state where the client is located at the time care
2632	2632	is rendered.
2633	2633	(b) Nothing herein shall prevent or inhibit the enforcement of any other law of
2634	2634	a member state that is not inconsistent with the compact.
2635	2635	(c) Any laws, statutes, regulations, or other legal requirements in a member
2636	2636	state in conflict with the compact are superseded to the extent of the conflict.
2637	2637	(d) All permissible agreements between the commission and the member
2638	2638	states are binding in accordance with their terms.
2639	2639	457.71 Implementation of the social work licensure compact. (1) In
2640	2640	this section, Xmultistate authorization to practice Y has the meaning given in s.
2641	2641	457.70 (2) (q).
2642	2642	(2) (a) An individual who is exercising the multistate authorization to practice
2643	2643	in this state shall comply with s. 440.03 (13) (am).
2644	2644	(b) Subject to s. 457.70 and any rules promulgated thereunder, ss. 440.20 to
2645	2645	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual
2646	2646	who is exercising the multistate authorization to practice in this state in the same
2647	2647	manner that they apply to holders of certificates or licenses issued under subch. I.
2648	2648	SECTION 44. 632.89 (1) (dm) of the statutes is repealed and recreated to read:
2649	2649	632.89 (1) (dm) XLicensed mental health professionalY means a clinical social
2650	2650	worker, a marriage and family therapist, or a professional counselor, as those terms
2651	2651	are defined in subch. I of ch. 457.
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2673	2673	22
2674	2674	23 2025 - 2026 Legislature
2675	2675	SENATE BILL 74
2676	2676	- 55 - LRB-1310/1
2677	2677	MED:emw
2678	2678	SECTION 45
2679	2679	SECTION 45. 905.04 (1) (g) of the statutes is amended to read:
2680	2680	905.04 (1) (g) XSocial workerY means an individual who is certified or licensed
2681	2681	as a social worker, advanced practice social worker, independent social worker, or
2682	2682	clinical social worker under, as those terms are defined in subch. I of ch. 457, or an
2683	2683	individual reasonably believed by the patient to be a social worker, advanced
2684	2684	practice social worker, independent social worker, or clinical social worker.
2685	2685	(END)
2686	2686	1
2687	2687	2
2688	2688	3
2689	2689	4
2690	2690	5
2691	2691	6
2692	2692	7