2023 - 2024 LEGISLATURE
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2023 SENATE BILL 391
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.
1 AN ACT to renumber 457.25 (1); to renumber and amend 440.03 (13) (c); to
2 amend 15.405 (7c) (a) 1., 15.405 (7c) (a) 2., 15.405 (7c) (a) 3., 15.405 (7c) (a) 4.,
3 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7c) (c), 46.90 (4) (ab) 4., 48.56 (2),
4 48.561 (2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg),
5 146.89 (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.,
9 chapter 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.,
13 457.20 (1) and (2), 457.24 (1), 457.26 (1) and (2) (intro.) and (h), 632.89 (1) (e)
14 4., 800.035 (2m), 905.04 (1) (bm) and (dm) and 905.04 (1) (g); to repeal and
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SENATE BILL 391
1 recreate 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),
3 457.01 (5r), 457.01 (12), 457.08 (4m), 457.25 (1g) and subchapter III of chapter
4 457 [precedes 457.70] of the statutes; relating to: ratification of the Social
5 Work 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
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SENATE BILL 391
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:
1 SECTION 1. 14.897 of the statutes is created to read:
2 14.897 Social work licensure compact. There is created a social work
3 licensure compact commission as specified in s. 457.70. The delegate on the
4 commission representing this state shall be appointed by the marriage and family
5 therapy, professional counseling, and social work examining board as provided in s.
6 457.70 (10) (b) 1. and shall be an individual described in s. 457.70 (10) (b) 2. a. or b.
7 The commission has the powers and duties granted and imposed under s. 457.70.
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:
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SENATE BILL 391 SECTION 4
1 15.405 (7c) (a) 3. Three professional counselor members who are licensed
2 under subch. I of ch. 457.
3 SECTION 5. 15.405 (7c) (a) 4. of the statutes is amended to read:
4 15.405 (7c) (a) 4. Three public members who represent groups that promote the
5 interests of consumers of services provided by persons who are certified or licensed
6 under subch. I of ch. 457.
7 SECTION 6. 15.405 (7c) (am) 1. of the statutes is amended to read:
8 15.405 (7c) (am) 1. At least one member who is certified under subch. I of ch.
9 457 as an advanced practice social worker.
10 SECTION 7. 15.405 (7c) (am) 3. of the statutes is amended to read:
11 15.405 (7c) (am) 3. At least one member who is licensed under subch. I of ch.
12 457 as a clinical social worker.
13 SECTION 8. 15.405 (7c) (c) of the statutes is amended to read:
14 15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
15 suspending, or revoking a certificate or license under subch. I of ch. 457, and all other
16 matters of interest to either the social worker, marriage and family therapist, or
17 professional counselor section shall be acted upon solely by the interested section of
18 the examining board.
19 SECTION 9. 46.90 (4) (ab) 4. of the statutes is amended to read:
20 46.90 (4) (ab) 4. A social worker, professional counselor, or marriage and family
21 therapist certified, as those terms are defined under subch. I of ch. 457.
22 SECTION 10. 48.56 (2) of the statutes is amended to read:
23 48.56 (2) Each county department shall employ personnel who devote all or
24 part of their time to child welfare services. Whenever possible, these personnel shall
25 be social workers certified under ch. 457, as defined in s. 457.01 (10).
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SENATE BILL 391 SECTION 11
1 SECTION 11. 48.561 (2) of the statutes is amended to read:
2 48.561 (2) The department shall employ personnel in a county having a
3 population of 750,000 or more who devote all of their time directly or indirectly to
4 child welfare services. Whenever possible, these personnel shall be social workers
5 certified under ch. 457, as defined in s. 457.01 (10).
6 SECTION 12. 49.45 (30j) (a) 1. of the statutes is amended to read:
7 49.45 (30j) (a) 1. “Competent mental health professional” means a physician
8 who has completed a residence in psychiatry; a psychologist; a private practice school
9 psychologist who is licensed under ch. 455; a marriage and family therapist who is
10 licensed under s. 457.10 or 457.11; a professional counselor who is licensed under s.
11 457.12 or 457.13; an advanced practice social worker granted a certificate under s.
12 457.08 (2), as defined in s. 457.01 (1c); an independent social worker granted a
13 certificate under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social worker
14 licensed under s. 457.08 (4), as defined in s. 457.01 (1r); a clinical substance abuse
15 counselor or independent clinical supervisor who is certified under s. 440.88, or any
16 of these individuals who is practicing under a currently valid training or temporary
17 license or certificate granted under applicable provisions of ch. 457. “Competent
18 mental health professional" does not include an individual whose license or
19 certificate is suspended, revoked, or voluntarily surrendered, or whose license or
20 certificate 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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SENATE BILL 391 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; an advanced practice social worker granted a
3 certificate under s. 457.08 (2), as defined in s. 457.01 (1c); an independent social
4 worker licensed under s. 457.08 (3), as defined in s. 457.01 (2g); a clinical social
5 worker licensed under s. 457.08 (4), as defined in s. 457.01 (1r); or any of these
6 individuals who is practicing under a currently valid training or temporary license
7 or certificate granted under applicable provisions of ch. 457. “Licensed treatment
8 professional" does not include an individual whose license or certificate is suspended,
9 revoked, or voluntarily surrendered, or whose license or certificate is limited or
10 restricted, when practicing in areas prohibited by the limitation or restriction.
11 SECTION 14. 55.043 (1m) (a) 4. of the statutes is amended to read:
12 55.043 (1m) (a) 4. A social worker, professional counselor, or marriage and
13 family therapist certified, as those terms are defined under subch. I of ch. 457.
14 SECTION 15. 146.81 (1) (hg) of the statutes is amended to read:
15 146.81 (1) (hg) A social worker, marriage and family therapist, or professional
16 counselor certified or licensed, as those terms are defined under subch. I of ch. 457.
17 SECTION 16. 146.89 (1) (r) 6. of the statutes is amended to read:
18 146.89 (1) (r) 6. A social worker who holds a certificate granted under ch. 457,
19 as defined in s. 457.01 (10).
20 SECTION 17. 146.89 (1) (r) 7. of the statutes is amended to read:
21 146.89 (1) (r) 7. A marriage and family therapist who is licensed under ch. 457,
22 as defined in s. 457.01 (3) or a professional counselor who is licensed under ch. 457,
23 as defined in s. 457.01 (7).
24 SECTION 18. 146.997 (1) (d) 11. of the statutes is amended to read:
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SENATE BILL 391 SECTION 18
1 146.997 (1) (d) 11. A social worker, marriage and family therapist or
2 professional counselor certified, as those terms are defined under subch. I of ch. 457.
3 SECTION 19. 180.1901 (1m) (f) of the statutes is amended to read:
4 180.1901 (1m) (f) Marriage and family therapy, professional counseling, and
5 social work examining board under subch. I of ch. 457.
6 SECTION 20. 252.14 (1) (ar) 7. of the statutes is amended to read:
7 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
8 professional counselor certified or licensed, as those terms are defined under subch.
9 I of ch. 457.
10 SECTION 21. 252.15 (1) (er) of the statutes is amended to read:
11 252.15 (1) (er) “Social worker" means an individual who is certified or licensed
12 as a social worker, advanced practice social worker, independent social worker, or
13 clinical social worker, as those terms are defined under subch. I of ch. 457.
14 SECTION 22. 253.10 (2) (f) of the statutes is amended to read:
15 253.10 (2) (f) “Qualified person assisting the physician" means a social worker
16 certified under ch. 457, as defined in s. 457.01 (10), a registered nurse or a physician
17 assistant to whom a physician who is to perform or induce an abortion has delegated
18 the responsibility, as the physician's agent, for providing the information required
19 under sub. (3) (c) 2.
20 SECTION 23. 256.215 (2) (b) of the statutes is amended to read:
21 256.215 (2) (b) The emergency medical services provider establishes, submits
22 to the department, and maintains patient care protocols corresponding to the
23 appropriate service level to be used by a community paramedic or a community
24 emergency medical services practitioner. The emergency medical services provider
25 may include in a patient care protocol only those services that do not require a
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SENATE BILL 391 SECTION 23
1 license, certificate, or other credential under subch. II, III, IV, or VII of ch. 448, subch.
2 I of ch. 457, or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459 to provide.
3 SECTION 24. 257.01 (1) (a) of the statutes is amended to read:
4 257.01 (1) (a) An individual who, under ch. 455, is licensed as a psychologist
5 or, under subch. I of ch. 457, is certified as a social worker or licensed as a clinical
6 social worker, a marriage and family therapist, or a professional counselor.
7 SECTION 25. 257.01 (1) (b) of the statutes is amended to read:
8 257.01 (1) (b) An individual who was at any time within the previous 10 years,
9 but is not currently, licensed as a psychologist under ch. 455 or certified as a social
10 worker or licensed as a clinical social worker, a marriage and family therapist, or a
11 professional counselor under subch. I of ch. 457, if the individual's license or
12 certification was never revoked, limited, suspended, or denied renewal.
13 SECTION 26. 303.08 (1) (f) of the statutes is amended to read:
14 303.08 (1) (f) Obtaining counseling or therapy from an approved public
15 treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
16 facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a licensed clinical
17 social worker, as defined in s. 457.01 (1r), a professional counselor licensed under ch.
18 457, or a certified, as defined in s. 457.01 (7), an independent social worker, as defined<