LRB-3959/1
MED:emw
2023 - 2024 LEGISLATURE
August 25, 2023 - Introduced by Senators Stafsholt, Pfaff, Ballweg,
Cabral-Guevara, Carpenter, James, L. Johnson, Larson, Roys, Spreitzer,
Cowles and Hutton, cosponsored by Representatives Tittl, Shelton, C.
Anderson
, Andraca, Baldeh, Considine, Dittrich, Doyle, Goeben,
Gustafson, Jacobson, Joers, Kitchens, Magnafici, Moore Omokunde,
Mursau, Ohnstad, Ortiz-Velez, Palmeri, Sinicki, Snyder, Stubbs, Subeck
and Vining. Referred to Committee on Health.
SB391,2,5 1An Act to renumber 457.25 (1); to renumber and amend 440.03 (13) (c); to
2amend
15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4.,
315.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2),
448.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg),
5146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f), 252.14
6(1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a), 257.01 (1)
7(b), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094
8(1) (c) 14., 440.15, 446.01 (1v) (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10.,
9chapter 457 (title), 457.01 (intro.), 457.01 (1c), 457.01 (1g), 457.01 (1r), 457.01
10(1w), 457.01 (2r), 457.01 (10), 457.02 (intro.), (1), (2), (3), (4), (5), (5m) and (6)
11(c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1) and (2), 457.04 (1), (2), (3), (4),
12(5) (a) and (b), (6) and (7), 457.06 (intro.), 457.09 (2) (b) and (4) (b) 1. and 2.,
13457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (e)
144., 800.035 (2m), 905.04 (1) (bm) and (dm) and 905.04 (1) (g); to repeal and

1recreate
632.89 (1) (dm); and to create 14.897, 440.03 (11m) (c) 2u., 440.03 (13)
2(c) 1. id., subchapter I (title) of chapter 457 [precedes 457.01], 457.01 (5g),
3457.01 (5r), 457.01 (12), 457.08 (4m), 457.25 (1g) and subchapter III of chapter
4457 [precedes 457.70] of the statutes; relating to: ratification of the Social
5Work Licensure Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Social Work Licensure Compact,
which provides for the ability of a social worker to become eligible to practice in other
compact states. Significant provisions of the compact include the following:
1. The creation of a Social Work Licensure Compact Commission, which
includes one member or administrator of the licensure authorities of each member
state. The commission has various powers and duties granted in the compact,
including establishing bylaws, promulgating binding rules for the compact, hiring
officers, electing or appointing employees, and establishing and electing an executive
committee. The commission may levy on and collect an annual assessment from each
member state or impose fees on licensees of member states to cover the cost of the
operations and activities of the commission and its staff.
2. The ability for a social worker who is licensed in a home state and satisfies
certain other criteria to obtain a multistate license, which allows a social worker to
practice social work in all other compact states (remote states) under a multistate
authorization to practice. The compact specifies a number of requirements in order
for an individual to obtain a social worker multistate license, including holding or
being eligible for a social worker license in a home state, paying any required fees,
and satisfying a number of criteria that are specific to the category of social work
license the individual is seeking—bachelor's, master's, or clinical. A regulated social
worker's services in a remote state are subject to that member state's regulatory
authority. A remote state may take actions against a social worker's multistate
authorization to practice within that remote state, and if any adverse action is taken
by a home state against a licensee's multistate license, the social worker's multistate
authorization to practice in all other member states is deactivated until all
encumbrances have been removed from the multistate license.
3. The ability of member states to issue subpoenas that are enforceable in other
states.
4. The creation of a coordinated data system containing licensure and
disciplinary action information on social workers. The compact requires all home
state disciplinary orders that impose adverse actions against the license of a
regulated social worker to include a statement that the regulated social worker's
multistate authorization to practice is deactivated in all member states until all
conditions of the decision, order, or agreement are satisfied. A member state must

submit a uniform data set to the data system on all individuals to whom the compact
is applicable as required by the rules of the commission.
5. Provisions regarding resolutions of disputes among member states and
between member and nonmember states, including a process for termination of a
state's membership in the compact if the state defaults on its obligations under the
compact.
The compact becomes effective in this state upon enactment by seven states.
The compact provides that it may be amended upon enactment of an amendment by
all member states. A state may withdraw from the compact by repealing the statute
authorizing the compact, but the compact provides that a withdrawal does not take
effect until 180 days after the effective date of that repeal.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB391,1 1Section 1. 14.897 of the statutes is created to read:
SB391,3,7 214.897 Social work licensure compact. There is created a social work
3licensure compact commission as specified in s. 457.70. The delegate on the
4commission representing this state shall be appointed by the marriage and family
5therapy, professional counseling, and social work examining board as provided in s.
6457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
7The commission has the powers and duties granted and imposed under s. 457.70.
SB391,2 8Section 2. 15.405 (7c) (a) 1. of the statutes is amended to read:
SB391,3,109 15.405 (7c) (a) 1. Four social worker members who are certified or licensed
10under subch. I of ch. 457.
SB391,3 11Section 3. 15.405 (7c) (a) 2. of the statutes is amended to read:
SB391,3,1312 15.405 (7c) (a) 2. Three marriage and family therapist members who are
13licensed under subch. I of ch. 457.
SB391,4 14Section 4. 15.405 (7c) (a) 3. of the statutes is amended to read:
SB391,4,2
115.405 (7c) (a) 3. Three professional counselor members who are licensed
2under subch. I of ch. 457.
SB391,5 3Section 5. 15.405 (7c) (a) 4. of the statutes is amended to read:
SB391,4,64 15.405 (7c) (a) 4. Three public members who represent groups that promote the
5interests of consumers of services provided by persons who are certified or licensed
6under subch. I of ch. 457.
SB391,6 7Section 6. 15.405 (7c) (am) 1. of the statutes is amended to read:
SB391,4,98 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch.
9457 as an advanced practice social worker.
SB391,7 10Section 7. 15.405 (7c) (am) 3. of the statutes is amended to read:
SB391,4,1211 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch.
12457 as a clinical social worker.
SB391,8 13Section 8. 15.405 (7c) (c) of the statutes is amended to read:
SB391,4,1814 15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
15suspending, or revoking a certificate or license under subch. I of ch. 457, and all other
16matters of interest to either the social worker, marriage and family therapist, or
17professional counselor section shall be acted upon solely by the interested section of
18the examining board.
SB391,9 19Section 9. 46.90 (4) (ab) 4. of the statutes is amended to read:
SB391,4,2120 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family
21therapist certified, as those terms are defined under subch. I of ch. 457.
SB391,10 22Section 10. 48.56 (2) of the statutes is amended to read:
SB391,4,2523 48.56 (2) Each county department shall employ personnel who devote all or
24part of their time to child welfare services. Whenever possible, these personnel shall
25be social workers certified under ch. 457, as defined in s. 457.01 (10).
SB391,11
1Section 11. 48.561 (2) of the statutes is amended to read:
SB391,5,52 48.561 (2) The department shall employ personnel in a county having a
3population of 750,000 or more who devote all of their time directly or indirectly to
4child welfare services. Whenever possible, these personnel shall be social workers
5certified under ch. 457, as defined in s. 457.01 (10).
SB391,12 6Section 12. 49.45 (30j) (a) 1. of the statutes is amended to read:
SB391,5,217 49.45 (30j) (a) 1. “Competent mental health professional” means a physician
8who has completed a residence in psychiatry; a psychologist; a private practice school
9psychologist who is licensed under ch. 455; a marriage and family therapist who is
10licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s.
11457.12 or 457.13; an advanced practice social worker granted a certificate under s.
12457.08 (2)
, as defined in s. 457.01 (1c); an independent social worker granted a
13certificate under s. 457.08 (3)
, as defined in s. 457.01 (2g); a clinical social worker
14licensed under s. 457.08 (4), as defined in s. 457.01 (1r); a clinical substance abuse
15counselor or independent clinical supervisor who is certified under s. 440.88, or any
16of these individuals who is practicing under a currently valid training or temporary
17license or certificate granted under applicable provisions of ch. 457. “Competent
18mental health professional" does not include an individual whose license or
19certificate is suspended, revoked, or voluntarily surrendered, or whose license or
20certificate is limited or restricted, when practicing in areas prohibited by the
21limitation or restriction.
SB391,13 22Section 13. 51.03 (6) (a) of the statutes is amended to read:
SB391,6,1023 51.03 (6) (a) In this subsection, “licensed treatment professional" means a
24physician who has completed a residence in psychiatry; a psychologist; a private
25practice school psychologist who is licensed under ch. 455; a marriage and family

1therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is
2licensed under s. 457.12 or 457.13; an advanced practice social worker granted a
3certificate under s. 457.08 (2)
, as defined in s. 457.01 (1c); an independent social
4worker licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social
5worker licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any of these
6individuals who is practicing under a currently valid training or temporary license
7or certificate granted under applicable provisions of ch. 457. “Licensed treatment
8professional" does not include an individual whose license or certificate is suspended,
9revoked, or voluntarily surrendered, or whose license or certificate is limited or
10restricted, when practicing in areas prohibited by the limitation or restriction.
SB391,14 11Section 14. 55.043 (1m) (a) 4. of the statutes is amended to read:
SB391,6,1312 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
13family therapist certified, as those terms are defined under subch. I of ch. 457.
SB391,15 14Section 15. 146.81 (1) (hg) of the statutes is amended to read:
SB391,6,1615 146.81 (1) (hg) A social worker, marriage and family therapist, or professional
16counselor certified or licensed, as those terms are defined under subch. I of ch. 457.
SB391,16 17Section 16. 146.89 (1) (r) 6. of the statutes is amended to read:
SB391,6,1918 146.89 (1) (r) 6. A social worker who holds a certificate granted under ch. 457,
19as defined in s. 457.01 (10)
.
SB391,17 20Section 17. 146.89 (1) (r) 7. of the statutes is amended to read:
SB391,6,2321 146.89 (1) (r) 7. A marriage and family therapist who is licensed under ch. 457,
22as defined in s. 457.01 (3)
or a professional counselor who is licensed under ch. 457,
23as defined in s. 457.01 (7)
.
SB391,18 24Section 18. 146.997 (1) (d) 11. of the statutes is amended to read:
SB391,7,2
1146.997 (1) (d) 11. A social worker, marriage and family therapist or
2professional counselor certified, as those terms are defined under subch. I of ch. 457.
SB391,19 3Section 19. 180.1901 (1m) (f) of the statutes is amended to read:
SB391,7,54 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and
5social work examining board under subch. I of ch. 457.
SB391,20 6Section 20. 252.14 (1) (ar) 7. of the statutes is amended to read:
SB391,7,97 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
8professional counselor certified or licensed, as those terms are defined under subch.
9I of
ch. 457.
SB391,21 10Section 21. 252.15 (1) (er) of the statutes is amended to read:
SB391,7,1311 252.15 (1) (er) “Social worker" means an individual who is certified or licensed
12as
a social worker, advanced practice social worker, independent social worker, or
13clinical social worker, as those terms are defined under subch. I of ch. 457.
SB391,22 14Section 22. 253.10 (2) (f) of the statutes is amended to read:
SB391,7,1915 253.10 (2) (f) “Qualified person assisting the physician" means a social worker
16certified under ch. 457, as defined in s. 457.01 (10), a registered nurse or a physician
17assistant to whom a physician who is to perform or induce an abortion has delegated
18the responsibility, as the physician's agent, for providing the information required
19under sub. (3) (c) 2.
SB391,23 20Section 23. 256.215 (2) (b) of the statutes is amended to read:
SB391,8,221 256.215 (2) (b) The emergency medical services provider establishes, submits
22to the department, and maintains patient care protocols corresponding to the
23appropriate service level to be used by a community paramedic or a community
24emergency medical services practitioner. The emergency medical services provider
25may include in a patient care protocol only those services that do not require a

1license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch.
2I of ch. 457,
or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
SB391,24 3Section 24. 257.01 (1) (a) of the statutes is amended to read:
SB391,8,64 257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist
5or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical
6social worker, a marriage and family therapist, or a professional counselor.
SB391,25 7Section 25. 257.01 (1) (b) of the statutes is amended to read:
SB391,8,128 257.01 (1) (b) An individual who was at any time within the previous 10 years,
9but is not currently, licensed as a psychologist under ch. 455 or certified as a social
10worker or licensed as a clinical social worker, a marriage and family therapist, or a
11professional counselor under subch. I of ch. 457, if the individual's license or
12certification was never revoked, limited, suspended, or denied renewal.
SB391,26 13Section 26. 303.08 (1) (f) of the statutes is amended to read:
SB391,8,2014 303.08 (1) (f) Obtaining counseling or therapy from an approved public
15treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
16facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical
17social worker, as defined in s. 457.01 (1r), a professional counselor licensed under ch.
18457, or a certified
, as defined in s. 457.01 (7), an independent social worker, as defined
19in s. 457.01 (2g),
or an advanced practice social worker, as defined in s. 457.01 (1c),
20who is authorized to practice psychotherapy under subch. I of ch. 457.
SB391,27 21Section 27. 440.03 (11m) (c) 2u. of the statutes is created to read:
SB391,8,2322 440.03 (11m) (c) 2u. The coordinated data system under s. 457.70 (11), if such
23disclosure is required under the social work licensure compact under s. 457.70.
SB391,28 24Section 28. 440.03 (13) (b) (intro.) of the statutes is amended to read:
SB391,9,8
1440.03 (13) (b) (intro.) The department may investigate whether an applicant
2for or holder of any of the following credentials has been charged with or convicted
3of a crime only pursuant to rules promulgated by the department under this
4paragraph, including rules that establish the criteria that the department will use
5to determine whether an investigation under this paragraph is necessary, except as
6provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
7448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 457.70 (3) (b)
84. and (7) (b) 3.
:
SB391,29 9Section 29. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
10(intro.) and amended to read:
SB391,9,1311 440.03 (13) (c) 1. (intro.) The department shall require an all of the following
12to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
13set of the person's fingerprints:
SB391,9,15 14a. An applicant for a private detective license or a private security permit under
15s. 440.26, an.
SB391,9,17 16b. An applicant for a juvenile martial arts instructor permit under sub. (17),
17an
.
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