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AB80: Bill Text
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2025 - 2026 LEGISLATURE
LRB-1704/1
MED:emw
2025 ASSEMBLY BILL 80
February 28, 2025 - Introduced by Representatives
VanderMeer
,
Tittl
,
Anderson
,
Bare
,
Dittrich
,
Doyle
,
Emerson
,
Franklin
,
Green
,
Gundrum
,
J. Jacobson
,
Joers
,
Johnson
,
Knodl
,
Melotik
,
Miresse
,
Moore Omokunde
,
Mursau
,
Novak
,
O'Connor
,
Phelps
,
Roe
,
Sinicki
,
Snyder
,
Stubbs
,
Udell
and
Vining
, cosponsored by Senators
Stafsholt
,
Cabral-Guevara
,
Carpenter
,
Dassler-Alfheim
,
Drake
,
James
,
Keyeski
,
Larson
,
Pfaff
,
Spreitzer
,
Wall
and
Ratcliff
. Referred to Committee on Children and Families.
AB80,1,11
1
An Act
to renumber
457.25 (1);
to amend
46.90 (4) (ab) 4., 48.56 (2), 48.561
2
(2), 49.45 (30j) (a) 1., 51.03 (6) (a), 55.043 (1m) (a) 4., 146.81 (1) (hg), 146.89 (1)
3
(r) 6., 146.89 (1) (r) 7., 146.997 (1) (d) 11., 252.14 (1) (ar) 7., 252.15 (1) (er),
4
253.10 (2) (f), 303.08 (1) (f), 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (m),
5
450.10 (3) (a) 10., 457.01 (1c), 457.01 (1r), 457.01 (10), 457.02 (5) and (5m),
6
457.03 (2), 457.033, 457.035 (2), 457.04 (1), 457.04 (2), 457.04 (4), 457.04 (7),
7
457.09 (4) (b) 1., 457.09 (4) (b) 2., 457.24 (1), 457.26 (2) (intro.) and 905.04 (1)
8
(g);
to repeal and recreate
632.89 (1) (dm);
to create
14.898, 440.03 (11m) (c)
9
2v., 440.03 (13) (c) 1. id., 457.01 (5g), 457.01 (5j), 457.01 (12), 457.08 (4m),
10
457.25 (1g) and subchapter III of chapter 457 [precedes 457.70] of the statutes;
11
relating to:
ratification of the Social 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 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.
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 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:
AB80,1
1
Section
1
.
14.898 of the statutes is created to read:
AB80,2,7
2
14.898
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.
AB80,2
8
Section
2
.
46.90 (4) (ab) 4. of the statutes is amended to read:
AB80,2,12
9
46.90
(4)
(ab) 4. A social worker, professional counselor, or marriage and
10
family therapist
certified under
, as those terms are defined in
subch. I of ch. 457
or
11
a professional counselor who is exercising the privilege to practice, as defined in s.
12
457.50 (2) (s), in this state
.
AB80,3
13
Section
3
.
48.56 (2) of the statutes is amended to read:
AB80,2,17
14
48.56
(2)
Each county department shall employ personnel who devote all or
15
part of their time to child welfare services. Whenever possible, these personnel
16
shall be social workers
certified under subch. I of ch. 457
, as defined in s. 457.01
17
(10)
.
AB80,4
18
Section
4
.
48.561 (2) of the statutes is amended to read:
AB80,3,3
19
48.561
(2)
The department shall employ personnel in a county having a
1
population of 750,000 or more who devote all of their time directly or indirectly to
2
child welfare services. Whenever possible, these personnel shall be social workers
3
certified under subch. I of ch. 457
, as defined in s. 457.01 (10)
.
AB80,5
4
Section
5
.
49.45 (30j) (a) 1. of the statutes is amended to read:
AB80,3,21
5
49.45
(30j)
(a) 1. “Competent mental health professional” means a physician
6
who has completed a residence in psychiatry; a psychologist; a private practice
7
school psychologist who is licensed under ch. 455; a marriage and family therapist
8
who is licensed under s. 457.10 or 457.11; a professional counselor
who is licensed
9
under s. 457.12 or 457.13 or who is exercising the professional counselor privilege to
10
practice
, as defined in s.
457.50 (2) (s)
457.01 (7)
, in this state; an advanced practice
11
social worker
who holds a certificate under s. 457.08 (2)
, as defined in s. 457.01 (1c)
;
12
an independent social worker
who holds a certificate under s. 457.08 (3)
, as defined
13
in s. 457.01 (2g)
; a clinical social worker
who is licensed under s. 457.08 (4)
, as
14
defined in s. 457.01 (1r)
; 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, certificate, or privilege is
19
suspended, revoked, or voluntarily surrendered, or whose license, certificate, or
20
privilege is limited or restricted, when practicing in areas prohibited by the
21
limitation or restriction.
AB80,6
22
Section
6
.
51.03 (6) (a) of the statutes is amended to read:
AB80,4,14
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
1
practice school psychologist who is licensed under ch. 455; a marriage and family
2
therapist
who is licensed under s. 457.10 or 457.11
, as defined in s. 457.01 (3)
; a
3
professional counselor
who is licensed under s. 457.12 or 457.13 or who is exercising
4
the professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this
5
state
, as defined in s. 457.01 (7)
; an advanced practice social worker
who holds a
6
certificate under s. 457.08 (2)
, as defined in s. 457.01 (1c)
; an independent social
7
worker
who is licensed under s. 457.08 (3)
, as defined in s. 457.01 (2g)
; a clinical
8
social worker
who is licensed under s. 457.08 (4)
, as defined in s. 457.01 (1r)
; or any
9
of these individuals who is practicing under a currently valid training or temporary
10
license or certificate granted under applicable provisions of ch. 457. “Licensed
11
treatment professional” does not include an individual whose license, certificate, or
12
privilege is suspended, revoked, or voluntarily surrendered, or whose license,
13
certificate, or privilege is limited or restricted, when practicing in areas prohibited
14
by the limitation or restriction.
AB80,7
15
Section
7
.
55.043 (1m) (a) 4. of the statutes is amended to read:
AB80,4,19
16
55.043
(1m)
(a) 4. A social worker, professional counselor, or marriage and
17
family therapist
certified under
, as those terms are defined in
subch. I of ch. 457
or
18
a professional counselor who is exercising the privilege to practice, as defined in s.
19
457.50 (2) (s), in this state
.
AB80,8
20
Section
8
.
146.81 (1) (hg) of the statutes is amended to read:
AB80,4,24
21
146.81
(1)
(hg) A social worker, marriage and family therapist, or professional
22
counselor
certified or licensed under
, as those terms are defined in
subch. I of ch.
23
457
or a professional counselor who is exercising the privilege to practice, as defined
24
in s. 457.50 (2) (s), in this state
.
AB80,9
1
Section
9
.
146.89 (1) (r) 6. of the statutes is amended to read:
AB80,5,3
2
146.89
(1)
(r) 6. A social worker
who holds a certificate granted under subch.
3
I of ch. 457
, as defined in s. 457.01 (10)
.
AB80,10
4
Section
10
.
146.89 (1) (r) 7. of the statutes is amended to read:
AB80,5,7
5
146.89
(1)
(r) 7. A marriage and family therapist
who is licensed under subch.
6
I of ch. 457
, as defined in s. 457.01 (3)
or a professional counselor
who is licensed
7
under subch. I of ch. 457
, as defined in s. 457.01 (7)
.
AB80,11
8
Section
11
.
146.997 (1) (d) 11. of the statutes is amended to read:
AB80,5,12
9
146.997
(1)
(d) 11. A social worker, marriage and family therapist or
10
professional counselor
certified under
, as those terms are defined in
subch. I of ch.
11
457
or a professional counselor who is exercising the privilege to practice, as defined
12
in s. 457.50 (2) (s), in this state
.
AB80,12
13
Section
12
.
252.14 (1) (ar) 7. of the statutes is amended to read:
AB80,5,17
14
252.14
(1)
(ar) 7. A social worker, marriage and family therapist, or
15
professional counselor
certified or licensed under
, as those terms are defined in
16
subch. I of ch. 457
or a professional counselor who is exercising the privilege to
17
practice, as defined in s. 457.50 (2) (s), in this state
.
AB80,13
18
Section
13
.
252.15 (1) (er) of the statutes is amended to read:
AB80,5,22
19
252.15
(1)
(er) “Social worker” means an individual who is
certified or
20
licensed as
a social worker, advanced practice social worker, independent social
21
worker, or clinical social worker
under
, as those terms are defined in
subch. I of ch.
22
457.
AB80,14
23
Section
14
.
253.10 (2) (f) of the statutes is amended to read:
AB80,6,4
24
253.10
(2)
(f) “Qualified person assisting the physician” means a social worker
1
certified under subch. I of ch. 457
, as defined in s. 457.01 (10)
, a registered nurse or
2
a physician assistant to whom a physician who is to perform or induce an abortion
3
has delegated the responsibility, as the physician’s agent, for providing the
4
information required under sub. (3) (c) 2.
AB80,15
5
Section
15
.
303.08 (1) (f) of the statutes is amended to read:
AB80,6,12
6
303.08
(1)
(f) Obtaining counseling or therapy from an approved public
7
treatment facility, as defined in s. 51.45 (2) (c), an approved private treatment
8
facility, as defined in s. 51.45 (2) (b), a psychiatrist, a psychologist, a
licensed
9
clinical social worker,
as defined in s. 457.01 (1r),
a professional counselor, as
10
defined in s. 457.01 (7), or
a certified
an
independent
social worker, as defined in s.
11
457.01 (2g),
or
an
advanced practice social worker
, as defined in s. 457.01 (1c),
who
12
is authorized to practice psychotherapy under subch. I of ch. 457.
AB80,16
13
Section
16
.
440.03 (11m) (c) 2v. of the statutes is created to read:
AB80,6,15
14
440.03
(11m)
(c) 2v. The coordinated data system under s. 457.70 (11), if such
15
disclosure is required under the social work licensure compact under s. 457.70.
AB80,17
16
Section
17
.
440.03 (13) (b) (intro.) of the statutes is amended to read:
AB80,7,2
17
440.03
(13)
(b) (intro.) The department may investigate whether an applicant
18
for or holder of any of the following credentials has been charged with or convicted
19
of a crime only pursuant to rules promulgated by the department under this
20
paragraph, including rules that establish the criteria that the department will use
21
to determine whether an investigation under this paragraph is necessary, except as
22
provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3.,
23
448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 455.50 (3) (e)
1
4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a.,
457.70 (3) (b) 4. and (7) (b) 3.,
and
2
459.70 (3) (b) 2.:
AB80,18
3
Section
18
.
440.03 (13) (c) 1. id. of the statutes is created to read:
AB80,7,6
4
440.03
(13)
(c) 1. id. An applicant for any category of social worker multistate
5
license under s. 457.08 (4m) when required pursuant to the social work licensure
6
compact under s. 457.70.
AB80,19
7
Section
19
.
440.15 of the statutes is amended to read:
AB80,7,15
8
440.15
No fingerprinting.
Except as provided under ss. 440.03 (13) (c),
9
441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
10
5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3)
11
(e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a.,
457.70 (3) (b) 4. and (7) (b) 3.,
and
12
459.70 (3) (b) 1., the department or a credentialing board may not require that an
13
applicant for a credential or a credential holder be fingerprinted or submit
14
fingerprints in connection with the department’s or the credentialing board’s
15
credentialing.
AB80,20
16
Section
20
.
446.01 (1v) (m) of the statutes is amended to read:
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