2023 - 2024 LEGISLATURE
February 2, 2024 - Introduced by Representatives Gustafson, Moore Omokunde,
Baldeh, Considine, Emerson, Joers, Sinicki, Snodgrass, Stubbs, Subeck,
Haywood and Vining, cosponsored by Senators Carpenter and Ballweg.
Referred to Committee on Children and Families.
AB1053,1,3 1An Act to amend 440.08 (2) (a) (intro.), 457.08 (1) (intro.), 457.08 (2) (intro.),
2457.08 (3) (intro.) and 457.08 (4) (intro.); and to create 457.08 (6) and 457.085
3of the statutes; relating to: provisional social worker certificates and licenses.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from using the title “social worker” without
holding a social worker certificate, and similarly prohibits the use of other titles
corresponding to higher levels of social work practice without a corresponding
credential for that level of social work practice. Those higher levels of social work
practice include advanced practice social work, independent social work, and clinical
social work. Current law further prohibits the practice of clinical social work without
a clinical social worker license. Current law specifies requirements for obtaining
these social worker credentials, all of which include a requirement of passage of an
examination.
This bill provides for an alternative pathway to obtain a social work credential
without passage of a national examination. Under the bill, an individual who has
taken the examination corresponding to a particular category of social work
credential and has not passed the examination, but who otherwise satisfies the
requirements for the credential, may obtain a provisional credential. With the
provisional credential, the individual is allowed to practice the corresponding level
of social work, may use the corresponding title, and is considered to be that level of
social worker, but the individual must obtain at least three hours of supervision
during every 160 hours of practice, in accordance with the bill and rules promulgated

by the Marriage and Family Therapy, Professional Counseling, and Social Work
Examining Board and subject to periodic evaluation. Upon successful completion of
the supervised practice requirement, the individual must receive a final evaluation
and may obtain a corresponding nonprovisional social worker credential without
passage of the examination.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1053,1 1Section 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB1053,2,52 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
3444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06
4(1) (b), 457.085 (3), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
5dates for credentials are as follows:
AB1053,2 6Section 2. 457.08 (1) (intro.) of the statutes is amended to read:
AB1053,2,97 457.08 (1) Social worker certificate. (intro.) The social worker section shall
8grant a social worker certificate to an individual who qualifies under sub. (6) (a) or
9s. 457.09 (5) (d) or to any individual who does all of the following:
AB1053,3 10Section 3. 457.08 (2) (intro.) of the statutes is amended to read:
AB1053,2,1411 457.08 (2) Advanced practice social worker certificate. (intro.) The social
12worker section shall grant an advanced practice social worker certificate to any an
13individual who qualifies under sub. (6) (b) or to an
individual who is certified under
14sub. (1) and does all of the following:
AB1053,4 15Section 4. 457.08 (3) (intro.) of the statutes is amended to read:
AB1053,2,1916 457.08 (3) Independent social worker certificate. (intro.) The social worker
17section shall grant an independent social worker certificate to any an individual who
18qualifies under sub. (6) (c) or to an
individual who is certified under sub. (1) and does
19all of the following:
AB1053,5
1Section 5. 457.08 (4) (intro.) of the statutes is amended to read:
AB1053,3,52 457.08 (4) Clinical social worker license. (intro.) The social worker section
3shall grant a clinical social worker license to any an individual who qualifies under
4sub. (6) (d) or to an
individual who is certified under sub. (1) and does all of the
5following:
AB1053,6 6Section 6. 457.08 (6) of the statutes is created to read:
AB1053,3,117 457.08 (6) Certificate or license based on provisional certificate or license.
8(a) Upon satisfaction of the requirements in s. 457.06, the social worker section shall
9grant a social worker certificate to an individual who has held a provisional social
10worker certificate and whose completion of supervised practice has been verified
11under s. 457.085 (4) (e) 2.
AB1053,3,1512 (b) Upon satisfaction of the requirements in s. 457.06, the social worker section
13shall grant an advanced practice social worker certificate to an individual who has
14held a provisional advanced practice social worker certificate and whose completion
15of supervised practice has been verified under s. 457.085 (4) (e) 2.
AB1053,3,1916 (c) Upon satisfaction of the requirements in s. 457.06, the social worker section
17shall grant an independent social worker certificate to an individual who has held
18a provisional independent social worker certificate and whose completion of
19supervised practice has been verified under s. 457.085 (4) (e) 2.
AB1053,3,2320 (d) Upon satisfaction of the requirements in s. 457.06, the social worker section
21shall grant a clinical social worker license to an individual who has held a provisional
22clinical social worker license and whose completion of supervised practice has been
23verified under s. 457.085 (4) (e) 2.
AB1053,7 24Section 7. 457.085 of the statutes is created to read:
AB1053,4,5
1457.085 Provisional social worker certificates and licenses. (1) The
2social worker section shall grant a provisional social worker certificate, provisional
3advanced practice social worker certificate, provisional independent social worker
4certificate, or provisional clinical social worker license, as applicable, to any
5individual who does all of the following:
AB1053,4,76 (a) Submits an application for the provisional certificate or license to the
7department on a form provided by the department.
AB1053,4,88 (b) Pays the fee specified in s. 440.05 (6).
AB1053,4,109 (c) Has taken the applicable national social work examination required under
10s. 457.08 (1) (c), (2) (c), (3) (d), or (4) (d) and not passed the examination.
AB1053,4,1311 (d) Otherwise satisfies the requirements under s. 457.08 (1), (2), (3), or (4),
12whichever is applicable with respect to the category of social work certificate or
13license for which the applicant is applying.
AB1053,4,1614 (e) Has taken and passed an examination approved by the social worker section
15that tests knowledge of state law relating to social work, if required under s. 457.08
16(1) (c), (2) (c), (3) (d), or (4) (d).
AB1053,4,19 17(2) (a) 1. Notwithstanding s. 457.04 (1), a provisional social worker certificate
18authorizes the holder to use the title specified in s. 457.04 (1) during the period in
19which the certificate is valid.
AB1053,4,2220 2. A provisional social worker certificate holder is a social worker certified
21under this chapter for purposes of any law governing social workers certified under
22this chapter.
AB1053,4,2523 (b) 1. Notwithstanding s. 457.04 (2), a provisional advanced practice social
24worker certificate authorizes the holder to use the title specified in s. 457.04 (2)
25during the period in which the certificate is valid.
AB1053,5,3
12. A provisional advanced practice social worker certificate holder is an
2advanced practice social worker certified under this chapter for purposes of any law
3governing advanced practice social workers certified under this chapter.
AB1053,5,64 (c) 1. Notwithstanding s. 457.04 (3), a provisional independent social worker
5certificate authorizes the holder to use the title specified in s. 457.04 (3) during the
6period in which the certificate is valid.
AB1053,5,97 2. A provisional independent social worker certificate holder is an independent
8social worker certified under this chapter for purposes of any law governing
9independent social workers certified under this chapter.
AB1053,5,1210 (d) Notwithstanding s. 457.04 (4), a provisional clinical social worker license
11authorizes the holder to practice clinical social work and use the title specified in s.
12457.04 (4) during the period in which the license is valid.
AB1053,5,16 13(3) (a) A provisional certificate or license is valid for 36 months unless a
14nonprovisional certificate or license is granted under s. 457.08 (6) before expiration
15of the provisional certificate or license or unless the provisional certificate or license
16is revoked before expiration.
AB1053,5,1717 (b) A provisional certificate or license may not be renewed.
AB1053,5,21 18(4) (a) During the period during which a provisional certificate or license is
19valid, the certificate or license holder shall work to obtain at least 37.5 hours of
20supervision according to the requirements of this subsection and the rules
21promulgated under sub. (6).
AB1053,5,2322 (b) 1. Twenty-five hours of supervision required by par. (a) must consist of
23one-on-one in-person supervision.
AB1053,5,2524 2. Twelve and one-half hours of supervision required by par. (a) must consist
25of one or more of the following types of supervision:
AB1053,6,1
1a. In-person, one-on-one supervision.
AB1053,6,32 b. In-person group supervision. To qualify as in-person group supervision, the
3group must not exceed 7 members including the supervisor.
AB1053,6,84 (c) The supervision required by par. (a) must be obtained during the first 2,000
5hours of social work practice after the date the provisional certificate or license is
6granted. At least 3 hours of supervision must be obtained during every 160 hours
7of practice under a provisional certificate or license until a nonprovisional certificate
8or license is granted under s. 457.08 (6).
AB1053,6,139 (d) An individual granted a provisional certificate or license shall prepare and
10submit, on a form provided by the department, a proposed supervision plan for
11meeting the supervision requirements under this subsection. The social worker
12section shall review the proposed supervision plan and shall, if the social worker
13section is satisfied with the plan, approve the supervisor and the supervision plan.
AB1053,6,1914 (e) 1. After being granted a provisional certificate or license under sub. (1), the
15provisional certificate or license holder's supervisor shall submit to the social worker
16section an evaluation every 6 months during the provisional certificate or license
17holder's first 2,000 hours of social work practice under the provisional certificate or
18license. The evaluation must meet the requirements established by the examining
19board under sub. (6).
AB1053,6,2420 2. a. After completion of 2,000 hours of supervised social work practice, the
21provisional certificate or license holder's supervisor shall submit to the social worker
22section a final evaluation in accordance with rules promulgated under sub. (6) and
23attest to the provisional certificate or license holder's ability to engage in the
24applicable level of practice of social work competently and ethically.
AB1053,7,4
1b. Notwithstanding subd. 2. a., the social worker section may accept alternative
2verification of supervised practice if a provisional certificate or license holder
3demonstrates that he or she is unable to arrange for a former supervisor to provide
4the required information.
AB1053,7,12 5(5) In addition to the grounds for discipline enumerated under s. 457.26 (2), the
6social worker section may take any action specified under s. 457.26 (2) (intro.) if the
7provisional certificate or license holder does not submit a supervision plan as
8required under sub. (4) (d), if the social worker section does not approve a supervisor
9and supervision plan as provided under sub. (4) (d), if the provisional certificate or
10license holder fails to comply with the supervision plan under sub. (4) (d), or if the
11provisional certificate or license holder otherwise fails to comply with the
12requirements under this section.
AB1053,7,14 13(6) The examining board shall, upon the advice of the social worker section,
14promulgate rules establishing all of the following:
AB1053,7,1615 (a) Requirements for supervision and qualifications for supervisors under sub.
16(4) (a) to (c).
AB1053,7,1917 (b) Requirements and procedures for supervision plans under sub. (4) (d),
18including requirements and procedures for the preparation and approval of revised
19supervision plans when necessary.
AB1053,7,2020 (c) Requirements for evaluations under sub. (4) (e).
AB1053,7,2121 (End)
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