2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 207
April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
on Health, Aging and Long-Term Care.
1 AN ACT to renumber 457.16 (1); to renumber and amend 440.03 (13) (c) and
2 457.12; to amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405
3 (7c) (a) 4., 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab)
4 4., 48.56 (2), 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81
5 (1) (hg), 146.89 (1) (r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 180.1901 (1m) (f),
6 252.14 (1) (ar) 7., 252.15 (1) (er), 253.10 (2) (f), 256.215 (2) (b), 257.01 (1) (a),
7 257.01 (1) (b), 303.08 (1) (f), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13)
8 (b) (intro.), 440.03 (14) (am), 440.043 (1), 440.094 (1) (c) 14., 440.15, 446.01 (1v)
9 (m), 448.08 (4), 448.67 (4), 450.10 (3) (a) 10., chapter 457 (title), 457.01 (intro.),
10 457.01 (1g), 457.01 (1w), 457.01 (2r), 457.01 (7), 457.02 (intro.), (1), (2), (3), (4)
11 and (6) (c), 457.03 (1), (1m) and (2), 457.033, 457.035 (1), 457.04 (1), (2), (3), (4),
12 (5) (a) and (b) and (7), 457.04 (6), 457.04 (7), 457.06 (intro.), 457.09 (2) (b) and
13 (4) (b) 1. and 2., 457.12 (title), 457.13 (1) (c), 457.14 (1) (f), 457.15 (3), 457.20 (1)
14 and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (dm), 632.89 (1)
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ASSEMBLY BILL 207
1 (e) 4., 800.035 (2m), 905.04 (1) (bm), 905.04 (1) (dm) and 905.04 (1) (g); and to
2 create 14.896, 440.03 (11m) (c) 2u., 440.03 (13) (c) 1. i., subchapter I (title) of
3 chapter 457 [precedes 457.01], 457.01 (1t), 457.01 (5m), 457.12 (1m) (bm) and
4 (2m) to (4m), 457.16 (1) (b), 457.18 and subchapter II of chapter 457 [precedes
5 457.50] of the statutes; relating to: ratification of the Counseling Compact.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
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:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the Joint
Legislative Council's Study Committee on Occupational Licenses.
This bill ratifies and enters Wisconsin into the Counseling Compact, which
provides for the ability of a professional counselor to become eligible to practice in other
compact states. Significant provisions of the compact include the following:
1. The creation of a Counseling Compact Commission, which includes one member
or administrator of the licensure boards of each member state. The commission has
various powers and duties granted in the compact, including establishing bylaws,
promulgating binding rules for the compact, employing officers and 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 other parties to
cover the cost of the operations and activities of the commission and its staff.
2. The ability for a professional counselor to obtain a “privilege to practice,” which
allows a professional counselor to practice professional counseling in another compact
state (remote state) if the professional counselor satisfies certain criteria. The compact
specifies a number of requirements in order for a professional counselor to exercise a
privilege to practice, including holding a professional counselor license in a home state,
not having any encumbrances or restrictions against a license or privilege in the previous
two years, and paying any fees and meeting any jurisprudence requirements that may
be imposed by a remote state. A professional counselor practicing in a remote state under
a privilege to practice must adhere to the laws and regulations, including the scope of
practice, of that state. A remote state may, in accordance with that state's laws, remove
a professional counselor's privilege to practice in the remote state for a specific period of
time, impose fines, and take any other necessary actions to protect the health and safety
of its citizens. If a professional counselor's license is encumbered, the counselor loses the
privilege to practice in all remote states until certain criteria are satisfied. If a
professional counselor's privilege to practice in any remote state is removed, the
counselor may lose the privilege to practice in all other remote states until certain criteria
are satisfied.
3. The ability of member states to issue subpoenas that are enforceable in other
states.
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ASSEMBLY BILL 207
4. The creation of a coordinated database and reporting system containing
licensure and disciplinary action information on professional counselors. The compact
requires all home state disciplinary orders that impose adverse actions to be reported to
the commission. 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 between 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.
Since the compact has already been enacted by the minimum number of states
required for it to become active, the compact becomes effective in this state upon
enactment of the bill. 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 six months after the effective date of that repeal.
1 SECTION 1. 14.896 of the statutes is created to read:
2 14.896 Counseling compact. There is created a counseling compact
3 commission as specified in s. 457.50. The delegate on the commission representing
4 this state shall be appointed by the marriage and family therapy, professional
5 counseling, and social work examining board as provided in s. 457.50 (9) (b) 1. and
6 shall be an individual described in s. 457.50 (9) (b) 2. a. or b. The commission has the
7 powers and duties granted and imposed under s. 457.50.
8 SECTION 2. 15.405 (7c) (a) 1. of the statutes is amended to read:
9 15.405 (7c) (a) 1. Four social worker members who are certified or licensed
10 under subch. I of ch. 457.
11 SECTION 3. 15.405 (7c) (a) 2. of the statutes is amended to read:
12 15.405 (7c) (a) 2. Three marriage and family therapist members who are
13 licensed under subch. I of ch. 457.
14 SECTION 4. 15.405 (7c) (a) 3. of the statutes is amended to read:
15 15.405 (7c) (a) 3. Three professional counselor members who are licensed
16 under subch. I of ch. 457.
17 SECTION 5. 15.405 (7c) (a) 4. of the statutes is amended to read:
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ASSEMBLY BILL 207 SECTION 5
1 15.405 (7c) (a) 4. Three public members who represent groups that promote the
2 interests of consumers of services provided by persons who are certified or licensed
3 under subch. I of ch. 457.
4 SECTION 6. 15.405 (7c) (am) 1. of the statutes is amended to read:
5 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch.
6 457 as an advanced practice social worker.
7 SECTION 7. 15.405 (7c) (am) 3. of the statutes is amended to read:
8 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch.
9 457 as a clinical social worker.
10 SECTION 8. 15.405 (7c) (c) of the statutes is amended to read:
11 15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
12 suspending, or revoking a certificate or license under subch. I of ch. 457, and all other
13 matters of interest to either the social worker, marriage and family therapist, or
14 professional counselor section shall be acted upon solely by the interested section of
15 the examining board.
16 SECTION 9. 46.90 (4) (ab) 4. of the statutes is amended to read:
17 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family
18 therapist certified under subch. I of ch. 457 or a professional counselor who is
19 exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
20 SECTION 10. 48.56 (2) of the statutes is amended to read:
21 48.56 (2) Each county department shall employ personnel who devote all or
22 part of their time to child welfare services. Whenever possible, these personnel shall
23 be social workers certified under subch. I of ch. 457.
24 SECTION 11. 48.561 (2) of the statutes is amended to read:
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ASSEMBLY BILL 207 SECTION 11
1 48.561 (2) The department shall employ personnel in a county having a
2 population of 750,000 or more who devote all of their time directly or indirectly to
3 child welfare services. Whenever possible, these personnel shall be social workers
4 certified under subch. I of ch. 457.
5 SECTION 12. 49.45 (30j) (a) 1. of the statutes is amended to read:
6 49.45 (30j) (a) 1. “Competent mental health professional” means a physician
7 who has completed a residence in psychiatry; a psychologist; a private practice school
8 psychologist who is licensed under ch. 455; a marriage and family therapist who is
9 licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s.
10 457.12 or 457.13 or who is exercising the professional counselor privilege to practice,
11 as defined in s. 457.50 (2) (s), in this state; an advanced practice social worker
12 granted who holds a certificate under s. 457.08 (2); an independent social worker
13 granted who holds a certificate under s. 457.08 (3); a clinical social worker who is
14 licensed under s. 457.08 (4); a clinical substance abuse counselor or independent
15 clinical supervisor who is certified under s. 440.88, or any of these individuals who
16 is practicing under a currently valid training or temporary license or certificate
17 granted under applicable provisions of ch. 457. “Competent mental health
18 professional" does not include an individual whose license or, certificate, or privilege
19 is suspended, revoked, or voluntarily surrendered, or whose license or, certificate, or
20 privilege is limited or restricted, when practicing in areas prohibited by the
21 limitation or restriction.
22 SECTION 13. 51.03 (6) (a) of the statutes is amended to read:
23 51.03 (6) (a) In this subsection, “licensed treatment professional" means a
24 physician who has completed a residence in psychiatry; a psychologist; a private
25 practice school psychologist who is licensed under ch. 455; a marriage and family
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ASSEMBLY BILL 207 SECTION 13
1 therapist who is licensed under s. 457.10 or 457.11; a professional counselor who is
2 licensed under s. 457.12 or 457.13 or who is exercising the professional counselor
3 privilege to practice, as defined in s. 457.50 (2) (s), in this state; an advanced practice
4 social worker granted who holds a certificate under s. 457.08 (2); an independent
5 social worker who is licensed under s. 457.08 (3); a clinical social worker who is
6 licensed under s. 457.08 (4); or any of these individuals who is practicing under a
7 currently valid training or temporary license or certificate granted under applicable
8 provisions of ch. 457. “Licensed treatment professional" does not include an
9 individual whose license or, certificate, or privilege is suspended, revoked, or
10 voluntarily surrendered, or whose license or, certificate, or privilege is limited or
11 restricted, when practicing in areas prohibited by the limitation or restriction.
12 SECTION 14. 55.043 (1m) (a) 4. of the statutes is amended to read:
13 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
14 family therapist certified under subch. I of ch. 457 or a professional counselor who
15 is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
16 SECTION 15. 146.81 (1) (hg) of the statutes is amended to read:
17 146.81 (1) (hg) A social worker, marriage and family therapist, or professional
18 counselor certified or licensed under subch. I of ch. 457 or a professional counselor
19 who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
20 SECTION 16. 146.89 (1) (r) 6. of the statutes is amended to read:
21 146.89 (1) (r) 6. A social worker who holds a certificate granted under subch.
22 I of ch. 457.
23 SECTION 17. 146.89 (1) (r) 7. of the statutes is amended to read:
24 146.89 (1) (r) 7. A marriage and family therapist who is licensed under subch.
25 I of ch. 457 or a professional counselor who is licensed under subch. I of ch. 457.
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ASSEMBLY BILL 207 SECTION 18
1 SECTION 18. 146.997 (1) (d) 11. of the statutes is amended to read:
2 146.997 (1) (d) 11. A social worker, marriage and family therapist or
3 professional counselor certified under subch. I of ch. 457 or a professional counselor
4 who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state.
5 SECTION 19. 180.1901 (1m) (f) of the statutes is amended to read:
6 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and
7 social work examining board under subch. I of ch. 457.
8 SECTION 20. 252.14 (1) (ar) 7. of the statutes is amended to read:
9 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
10 professional counselor certified or licensed under subch. I of ch. 457 or a professional
11 counselor who is exercising the privilege to practice, as defined in s. 457.50 (2) (s),
12 in this state.
13 SECTION 21. 252.15 (1) (er) of the statutes is amended to read:
14 252.15 (1) (er) “Social worker" means an individual who is certified or licensed
15 as a social worker, advanced practice social worker, independent social worker, or
16 clinical social worker under subch. I of ch. 457.
17 SECTION 22. 253.10 (2) (f) of the statutes is amended to read:
18 253.10 (2) (f) “Qualified person assisting the physician" means a social worker
19 certified under subch. I of ch. 457, a registered nurse or a physician assistant to
20 whom a physician who is to perform or induce an abortion has delegated the
21 responsibility, as the physician's agent, for providing the information required under
22 sub. (3) (c) 2.
23 SECTION 23. 256.215 (2) (b) of the statutes is amended to read:
24 256.215 (2) (b) The emergency medical services provider establishes, submits
25 to the department, and maintains patient care protocols corresponding to the
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1 appropriate service level to be used by a community paramedic or a community
2 emergency medical services practitioner. The emergency medical services provider
3 may include in a patient care protocol only those services that do not require a
4 license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch.
5 I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
6 SECTION 24. 257.01 (1) (a) of the statutes is amended to read:
7 257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist
8 or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical
9 social worker, a marriage and family therapist, or a professional counselor.
10 SECTION 25. 257.01 (1) (b) of the statutes is amended to read:
11 257.01 (1) (b)