SB196,18,15 14(3) Use the title “independent social worker" unless the person is certified as
15an independent social worker under this chapter subchapter.
SB196,18,23 16(4) Practice clinical social work or designate himself or herself as a clinical
17social worker or use or assume the title “clinical social worker" or any other title or
18designation that represents or may tend to represent the person as a clinical social
19worker unless the person is licensed as a clinical social worker under this chapter
20subchapter or unless the person is certified under this chapter subchapter as an
21advanced practice social worker or independent social worker and the person
22practices clinical social work under the supervision of a person who is licensed as a
23clinical social worker under this chapter subchapter.
SB196,18,25 24(5) (a) The person is licensed as a marriage and family therapist under this
25chapter subchapter.
SB196,19,3
1(b) The person is licensed as a clinical social worker under this chapter
2subchapter and initially became certified as an independent clinical social worker
3under ch. 457, 1999 stats., on or before May 31, 1995.
SB196,19,6 4(7) Practice psychotherapy unless the person is licensed under this chapter
5subchapter or unless the person is a certificate holder who may practice
6psychotherapy under the rules promulgated under ss. 457.03 and 457.035.
SB196,55 7Section 55. 457.04 (6) of the statutes is amended to read:
SB196,19,148 457.04 (6) Practice professional counseling or designate himself or herself as
9a professional counselor or use or assume the title “professional counselor,"
10“professional rehabilitation counselor," “vocational rehabilitation counselor,"
11“rehabilitation counselor," or any other title or designation that represents or may
12tend to represent the person as a professional counselor unless the person is licensed
13as a professional counselor under this chapter subchapter or holds a valid
14professional counselor privilege to practice in this state
.
SB196,56 15Section 56. 457.04 (7) of the statutes is amended to read:
SB196,19,1916 457.04 (7) Practice psychotherapy unless the person is licensed under this
17chapter, holds a valid professional counselor privilege to practice in this state, or
18unless the person is a certificate holder who may practice psychotherapy under the
19rules promulgated under ss. 457.03 and 457.035.
SB196,57 20Section 57. 457.06 (intro.) of the statutes is amended to read:
SB196,19,24 21457.06 General requirements for certification or licensure. (intro.) The
22social worker section, marriage and family therapist section, or professional
23counselor section may not grant any certificate or license under this chapter
24subchapter unless the applicant does all of the following:
SB196,58
1Section 58. 457.09 (2) (b) and (4) (b) 1. and 2. of the statutes are amended to
2read:
SB196,20,53 457.09 (2) (b) A social worker training certificate holder is a social worker
4certified under this chapter subchapter for purposes of any law governing social
5workers certified under this chapter subchapter.
SB196,20,8 6(4) (b) 1. A human services internship that involves direct practice with clients
7and that is supervised by a social worker certified under this chapter subchapter who
8has a bachelor's or master's degree in social work.
SB196,20,119 2. One year of social work employment that involves direct practice with clients
10and that is supervised by a social worker certified under this chapter subchapter who
11has a bachelor's or master's degree in social work.
SB196,59 12Section 59. 457.12 (title) of the statutes is amended to read:
SB196,20,13 13457.12 (title) Professional counselor license; privilege to practice.
SB196,60 14Section 60. 457.12 of the statutes is renumbered 457.12 (1m), and 457.12 (1m)
15(intro.), (a), (b), (c) (intro.), 1. d. and 2. d. and (d), as renumbered, are amended to read:
SB196,20,1816 457.12 (1m) License. (intro.) The professional counselor section shall, subject
17to sub. (4m),
grant a professional counselor license to any individual who does to
18whom
all of the following apply:
SB196,20,1919 (a) Satisfies The individual satisfies the requirements in s. 457.06.
SB196,20,2320 (b) Submits The individual submits evidence satisfactory to the professional
21counselor section that he or she has received a master's or doctorate degree in
22professional counseling or its equivalent from a program approved by the
23professional counselor section.
SB196,20,2524 (c) (intro.) Submits The individual submits evidence satisfactory to the
25professional counselor section that he or she has done any of the following:
SB196,21,4
11. d. An individual, other than an individual specified in subd. 1., 2., or 3. a.,
2b., or c.
, who is approved by the professional counselor section or satisfies
3requirements for supervision that are specified in rules promulgated by the
4examining board upon the advice of the professional counselor section.
SB196,21,85 2. d. An individual, other than an individual specified in subd. 1., 2., or 3. a.,
6b., or c.
, who is approved by the professional counselor section or satisfies
7requirements for supervision that are specified in rules promulgated by the
8examining board upon the advice of the professional counselor section.
SB196,21,119 (d) Passes The individual passes one or more examinations under s. 457.16
10approved by the professional counselor section to determine minimum competence
11to practice professional counseling.
SB196,61 12Section 61. 457.12 (1m) (bm) and (2m) to (4m) of the statutes are created to
13read:
SB196,21,1514 457.12 (1m) (bm) The individual does not, subject to ss. 111.321, 111.322, and
15111.335, have a conviction record.
SB196,21,18 16(2m) License based upon privilege to practice. The professional counselor
17section shall grant a professional counselor license to any individual to whom all of
18the following apply:
SB196,21,1919 (a) The individual satisfies the requirements in s. 457.06.
SB196,21,2220 (b) The individual holds a home state license in another state that is a party
21to the compact, has changed his or her primary state of residence to this state, and
22satisfies all other requirements under s. 457.50 (5).
SB196,21,2423 (bm) The individual does not, subject to ss. 111.321, 111.322, and 111.335, have
24a conviction record.
SB196,22,2
1(d) The individual passes an examination described under s. 457.16 (1) (b), if
2required.
SB196,22,5 3(3m) Privilege to practice. The professional counselor section shall grant a
4professional counselor privilege to practice to any individual to whom all of the
5following apply:
SB196,22,86 (a) The individual holds an unencumbered home state license in another state
7that is a party to the compact and satisfies all other requirements under s. 457.50
8(4).
SB196,22,109 (b) The individual applies for the privilege to practice in the manner prescribed
10by the department.
SB196,22,1211 (c) The individual pays any fee established by the department under s. 457.51
12(2).
SB196,22,1413 (d) The individual passes an examination described under s. 457.16 (1) (b), if
14required.
SB196,22,16 15(4m) Types of license. (a) A professional counselor license granted under sub.
16(1m) may be either of the following:
SB196,22,1817 1. A license that, subject to s. 457.50 (4), entitles the holder to obtain and
18exercise a privilege to practice in other states that are parties to the compact.
SB196,22,2119 2. A single-state license, which only entitles the holder to practice in this state.
20Nothing in the compact applies to the holder of a single-state license unless
21otherwise applicable under this subchapter.
SB196,22,2322 (b) When applying for a license under sub. (1m), an individual shall specify
23whether he or she is applying for a license under par. (a) 1. or 2.
SB196,62 24Section 62 . 457.13 (1) (c) of the statutes is amended to read:
SB196,22,2525 457.13 (1) (c) Satisfies the requirements in s. 457.12 (2) (1m) (b).
SB196,63
1Section 63. 457.14 (1) (f) of the statutes is amended to read:
SB196,23,42 457.14 (1) (f) Satisfies the requirements under s. 457.12 (1) to (3) (1m) (a) to
3(c)
and has submitted an application to take the next available examination for
4licensure under s. 457.12 (4) (1m) (d).
SB196,64 5Section 64 . 457.15 (3) of the statutes is amended to read:
SB196,23,136 457.15 (3) Upon application and payment of the fee specified in s. 440.05 (2),
7the professional counselor section may grant a professional counselor license to any
8individual who holds a similar certificate or license in another state or territory of
9the United States and who passes an examination approved by the professional
10counselor section that tests knowledge of state law relating to professional
11counseling, if the professional counselor section determines that the requirements
12for obtaining the certificate or license in the other state or territory are substantially
13equivalent to the requirements under s. 457.12 (1m).
SB196,65 14Section 65. 457.16 (1) of the statutes is renumbered 457.16 (1) (a).
SB196,66 15Section 66. 457.16 (1) (b) of the statutes is created to read:
SB196,23,1916 457.16 (1) (b) The professional counselor section may, in accordance with par.
17(a), arrange for an examination that tests an applicant's knowledge of state law
18relating to the practice of professional counseling in accordance with s. 457.51 (3),
19if such an examination is required for applicants for licensure under s. 457.12 (1m).
SB196,67 20Section 67. 457.18 of the statutes is created to read:
SB196,23,22 21457.18 Practice under compact. An individual who holds a valid privilege
22to practice in this state may, subject to s. 457.51 (4), do any of the following:
SB196,23,23 23(1) Practice professional counseling in this state, subject to s. 457.50 (4).
SB196,23,25 24(2) Practice professional counseling in this state via telehealth, as defined in
25s. 457.50 (2) (y), subject to s. 457.50 (7).
SB196,68
1Section 68. 457.20 (1) and (2) of the statutes are amended to read:
SB196,24,32 457.20 (1) The department shall issue a certificate of certification or licensure
3to each individual who is certified or licensed under this chapter subchapter.
SB196,24,6 4(2) The renewal dates for certificates and licenses granted under this chapter
5subchapter, other than training certificates and licenses or temporary certificates or
6licenses, are specified under s. 440.08 (2) (a).
SB196,69 7Section 69. 457.24 (1) of the statutes is amended to read:
SB196,24,148 457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social
9worker, marriage and family therapist, or professional counselor under this chapter
10subchapter or who is exercising the professional counselor privilege to practice in
11this state
may not practice clinical social work, marriage and family therapy, or
12professional counseling unless he or she has in effect professional liability insurance.
13The examining board shall promulgate rules establishing the minimum amount of
14insurance required under this subsection.
SB196,70 15Section 70. 457.26 (1) and (2) (intro.) and (h) of the statutes are amended to
16read:
SB196,24,2017 457.26 (1) Subject to the rules promulgated under s. 440.03 (1), the appropriate
18section of the examining board may make investigations and conduct hearings to
19determine whether a violation of this chapter subchapter or any rule promulgated
20under this chapter subchapter has occurred.
SB196,24,24 21(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate
22section of the examining board may reprimand a credential holder or deny, limit,
23suspend, or revoke a credential under this chapter subchapter if it finds that the
24applicant or credential holder has done any of the following:
SB196,25,2
1(h) Violated this chapter subchapter or any rule promulgated under this
2chapter subchapter.
SB196,71 3Section 71 . Subchapter II of chapter 457 [precedes 457.50] of the statutes is
4created to read:
SB196,25,55 chapter 457
SB196,25,66 Subchapter II
SB196,25,77 COUNSELING COMPACT
SB196,25,14 8457.50 Counseling compact. (1) Purpose. The purpose of this compact is
9to facilitate interstate practice of licensed professional counselors with the goal of
10improving public access to professional counseling services. The practice of
11professional counseling occurs in the state where the client is located at the time of
12the counseling services. The compact preserves the regulatory authority of states to
13protect public health and safety through the current system of state licensure. This
14compact is designed to achieve the following objectives:
SB196,25,1615 (a) Increase public access to professional counseling services by providing for
16the mutual recognition of other member state licenses;
SB196,25,1717 (b) Enhance the states' ability to protect the public's health and safety;
SB196,25,1918 (c) Encourage the cooperation of member states in regulating multistate
19practice for licensed professional counselors;
SB196,25,2020 (d) Support spouses of relocating active duty military personnel;
SB196,25,2221 (e) Enhance the exchange of licensure, investigative, and disciplinary
22information among member states;
SB196,25,2423 (f) Allow for the use of telehealth technology to facilitate increased access to
24professional counseling services;
SB196,26,2
1(g) Support the uniformity of professional counseling licensure requirements
2throughout the states to promote public safety and public health benefits;
SB196,26,63 (h) Invest all member states with the authority to hold a licensed professional
4counselor accountable for meeting all state practice laws in the state in which the
5client is located at the time care is rendered through the mutual recognition of
6member state licenses;
SB196,26,77 (i) Eliminate the necessity for licenses in multiple states; and
SB196,26,98 (j) Provide opportunities for interstate practice by licensed professional
9counselors who meet uniform licensure requirements.
SB196,26,11 10(2) Definitions. As used in this section, and except as otherwise provided, the
11following definitions apply:
SB196,26,1412 (a) “Active duty military” means full-time duty status in the active uniformed
13service of the United States, including members of the national guard and reserve
14on active duty orders pursuant to 10 USC chs. 1209 and 1211.
SB196,26,2115 (b) “Adverse action” means any administrative, civil, equitable or criminal
16action permitted by a state's laws which is imposed by a licensing board or other
17authority against a licensed professional counselor, including actions against an
18individual's license or privilege to practice such as revocation, suspension, probation,
19monitoring of the licensee, limitation on the licensee's practice, or any other
20encumbrance on licensure affecting a licensed professional counselor's authorization
21to practice, including issuance of a cease and desist action.
SB196,26,2422 (c) “Alternative program” means a nondisciplinary monitoring or practice
23remediation process approved by a professional counseling licensing board to
24address impaired practitioners.
SB196,27,3
1(d) “Continuing competence/education” means a requirement, as a condition of
2license renewal, to provide evidence of participation in, and/or completion of,
3educational and professional activities relevant to practice or area of work.
SB196,27,64 (e) “Counseling compact commission” or “commission” means the national
5administrative body whose membership consists of all states that have enacted the
6compact.
SB196,27,77 (f) “Current significant investigative information” means any of the following:
SB196,27,118 1. Investigative information that a licensing board, after a preliminary inquiry
9that includes notification and an opportunity for the licensed professional counselor
10to respond, if required by state law, has reason to believe is not groundless and, if
11proved true, would indicate more than a minor infraction; or
SB196,27,1512 2. Investigative information that indicates that the licensed professional
13counselor represents an immediate threat to public health and safety regardless of
14whether the licensed professional counselor has been notified and had an
15opportunity to respond.
SB196,27,1816 (g) “Data system” means a repository of information about licensees, including,
17but not limited to, continuing education, examination, licensure, investigative,
18privilege to practice and adverse action information.
SB196,27,2119 (h) “Encumbered license” means a license in which an adverse action restricts
20the practice of licensed professional counseling by the licensee and said adverse
21action has been reported to the national practitioners data bank (NPDB).
Loading...
Loading...