AB763,4,2117
440.88
(3m) Exception. This section does not apply to a physician, as defined
18in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), or a
licensed 19psychologist
, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), who
20practices as a substance abuse clinical supervisor or provides substance abuse
21counseling, treatment, or prevention services within the scope of his or her licensure.
AB763,5
22Section
5. 455.01 (3m) of the statutes is amended to read:
AB763,5,223
455.01
(3m) “Fee" “
Fee," when used other than in reference to a fee for a
24credential, means direct or indirect payment or compensation, monetary or
1otherwise, including the expectation of payment or compensation whether or not
2actually received.
AB763,6
3Section 6
. 455.01 (5) of the statutes is repealed and recreated to read:
AB763,5,74
455.01
(5) (a) “Practice of psychology" means the observation, description,
5evaluation, interpretation, prediction, or modification of human behavior by the
6application of psychological principles, methods, or procedures for any of the
7following purposes, in exchange for a fee:
AB763,5,108
1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic,
9maladaptive, or undesired behavior and promoting adaptive health maintaining
10behavior or psychological functioning.
AB763,5,1211
2. Evaluating, assessing, or facilitating the enhancement of individual, group,
12or organizational effectiveness.
AB763,5,1313
3. Assisting in legal decision making.
AB763,5,1514
(b) “Practice of psychology" includes all of the following if done in exchange for
15a fee:
AB763,5,1816
1. Psychological testing and the evaluation or assessment of a person's
17characteristics, including intelligence; personality; cognitive, physical, or emotional
18abilities; skills; interests; aptitudes; or neuropsychological functioning.
AB763,5,2019
2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis,
20biofeedback, behavior therapy, and applied behavior analysis.
AB763,5,2321
3. The diagnosis, treatment, or management of mental and emotional disorders
22or disabilities, substance use disorders, disorders of habit or conduct, and the
23psychological aspects of physical illnesses, accidents, injuries, or disabilities.
AB763,5,2424
4. Psychoeducational evaluation, therapy, or remediation.
AB763,6,3
15. Consultation with other psychologists, physicians, or other health care
2professionals and with a patient regarding all available treatment options, including
3medication, with respect to the provision of care for a specific patient or client.
AB763,6,64
6. The provision of direct services to individuals or groups for the purposes of
5enhancing individual or organizational effectiveness, using psychological principles,
6methods, or procedures.
AB763,6,77
7. The supervision of anything specified in subds. 1. to 6.
AB763,7
8Section
7. 455.01 (6) of the statutes is repealed and recreated to read:
AB763,6,149
455.01
(6) “Psychotherapy" means the diagnosis and treatment of mental,
10emotional, or behavioral disorders, conditions, or addictions through the application
11of methods derived from established psychological or systemic principles, including
12for the purpose of assisting individuals with modifying their behaviors, cognitions,
13emotions, or personality characteristics, or for the purpose of understanding
14unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.
AB763,8
15Section
8. 455.01 (7) of the statutes is repealed.
AB763,9
16Section 9
. 455.02 (1m) (title) of the statutes is amended to read:
AB763,6,1717
455.02
(1m) (title)
License required
to practice.
AB763,10
18Section 10
. 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and
19amended to read:
AB763,6,2320
455.02
(1m) (a) Except as provided in
s. sub. (2m) and ss. 257.03
and 455.03,
21no person may engage in the practice of psychology
or the private practice of school
22psychology, or attempt to do so or make a representation as authorized to do so,
23without a license issued by the examining board.
AB763,11
24Section 11
. 455.02 (2m) (d) of the statutes is amended to read:
AB763,7,19
1455.02
(2m) (d) A person employed in a position as a psychologist or
2psychological assistant by
an accredited a recognized college, junior college
, or
3university or other academic or research institution
or by a recognized research
4laboratory, if the person is performing activities that are a part of the duties for which
5he or she is employed, is performing those activities solely within the confines of or
6under the jurisdictions of the institution in which he or she is employed and does not
7render or offer to render psychological services to the public for a fee over and above
8the salary that he or she receives for the performance of the official duties with the
9institution with which he or she is employed. An individual acting under this
10paragraph may
, without obtaining a license under s. 455.04 (1) or (4), disseminate
11research findings and scientific information to others, such as accredited academic
12institutions or governmental agencies, or may offer lecture services for a fee. teach
13the practice of psychology, conduct psychological research, present lectures on the
14practice of psychology, perform any consultation required by his or her academic or
15research functions, or provide expert testimony in court related to his or her field of
16expertise. A person employed in a position under this paragraph may utilize or
17represent himself or herself by the academic or research title conferred upon him or
18her by the administration of the laboratory, school, college, or university or use the
19title “psychology professor” or “academic psychologist.”
AB763,12
20Section 12
. 455.02 (2m) (f) of the statutes is repealed and recreated to read:
AB763,8,321
455.02
(2m) (f) A person providing psychological services as part of a
22psychology training program, if his or her activities and services constitute a part of
23the supervised course of study and are performed under the supervision of a
24psychologist licensed under this chapter and the person does not provide or offer to
25provide psychological services to the public for a fee over and above any salary that
1he or she may receive for the performance of the official duties with the employing
2agency or organization. A person providing services under this paragraph may use
3the title “psychology student,” “psychology intern,” or “psychology resident”.
AB763,13
4Section 13
. 455.02 (2m) (h) of the statutes is repealed.
AB763,14
5Section 14
. 455.02 (2m) (k) of the statutes is repealed and recreated to read:
AB763,8,86
455.02
(2m) (k) A person not trained as a psychologist whose activities are
7limited to educational or vocational counseling or testing that is performed in a
8human resources, personnel, or educational setting.
AB763,15
9Section 15
. 455.02 (2m) (m) of the statutes is amended to read:
AB763,8,1710
455.02
(2m) (m) A person providing psychological services as an employee of
11a federal
, state or local governmental agency, if the person is providing the
12psychological services as a part of the duties for which he or she is employed, is
13providing the psychological services solely within the confines of or under the
14jurisdiction of the agency by which he or she is employed
, and does not provide or offer
15to provide psychological services to the public for a fee over and above the salary that
16he or she receives for the performance of the official duties with the agency by which
17he or she is employed.
AB763,16
18Section 16
. 455.02 (2m) (o) to (r) of the statutes are created to read:
AB763,9,419
455.02
(2m) (o) A person providing psychological services as an employee of a
20state or local governmental agency, if the person is providing the psychological
21services as a part of the duties for which he or she is employed, is providing the
22psychological services solely within the confines of or under the jurisdiction of the
23agency by which he or she is employed, does not provide or offer to provide
24psychological services to the public for a fee over and above the salary that he or she
25receives for the performance of the official duties with the agency by which he or she
1is employed, and has received a master's degree in psychology from an institution
2accredited by an accrediting organization recognized by the U.S. secretary of
3education. A person providing services under this paragraph may use the title
4“psychological associate.”
AB763,9,95
(p) A person providing psychological services under the supervision of a
6psychologist licensed under this chapter as part of a formal psychology fellowship
7program that meets the program standards of the Association of Psychology
8Postdoctoral and Internship Centers or its successor organization. A person
9providing services under this paragraph may use the title “psychology fellow.”
AB763,9,1110
(q) A person whose activities are limited to testifying in a court in this state
11regarding services rendered in another state.
AB763,9,1512
(r) A person engaging in the private practice of school psychology who holds a
13valid private practice school psychologist license issued under s. 455.04 (4), 2015
14stats. A person acting under this paragraph may use the title “private practice school
15psychologist.”
AB763,17
16Section 17
. 455.02 (3m) (title) of the statutes is repealed.
AB763,18
17Section 18
. 455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and
18amended to read:
AB763,9,2519
455.02
(1m) (b) Except as provided in
s. sub. (2m) and ss. 257.03
and 455.03,
20only an individual licensed under s. 455.04 (1)
or (2) may use the title “psychologist"
21or any similar title or state or imply that he or she is licensed to practice psychology
,
22and only an individual licensed under s. 455.04 (4) may use the title “private practice
23school psychologist" or any similar title or state or imply that he or she is licensed
24to engage in the private practice of school psychology. Except as provided in
s. sub.
25(2m) and ss. 257.03
and 455.03, only an individual licensed under s. 455.04 (1)
or (4)
1or (2) may represent himself or herself to the public by any description of services
2incorporating the word “psychological" or “psychology
"..”
AB763,19
3Section 19
. 455.025 of the statutes is created to read:
AB763,10,6
4455.025 Practice of medicine and surgery. Nothing in this chapter shall
5be construed to authorize a psychologist to engage in the practice of medicine and
6surgery.
AB763,20
7Section
20. 455.03 of the statutes is amended to read:
AB763,10,21
8455.03 Temporary practice. A psychologist who is licensed or certified by
9a similar examining board of another state or territory of the United States
or of a
10foreign country or
a Canadian province
whose standards, in the opinion of the
11examining board, are equivalent to or higher than the requirements for licensure as
12a psychologist in s. 455.04 (1) may
offer
provide psychological services
as a
13psychologist in this state
for on not more than 60
working days in any year without
14holding a license issued under s. 455.04 (1). The psychologist shall report to the
15examining board the nature and extent of his or her practice in this state if it exceeds
1620
working days within a year.
A psychologist provides psychological services in this
17state for purposes of this section whenever the patient or client is located in this
18state, regardless of whether the psychologist is temporarily located in this state or
19is providing services by electronic or telephonic means from the state or province
20where the psychologist is licensed. In this section, “day” means any part of a day
21during which psychological services are rendered.
AB763,21
22Section 21
. 455.04 (1) (intro.) of the statutes is amended to read:
AB763,11,323
455.04
(1) (intro.) The
department
examining board shall
issue grant a
24psychologist license to an individual who submits an application for the license
to the
25department on a form provided by the department, pays the fee
specified in s. 440.05
1(1) or, if sub. (3) applies, the fee specified in s. 440.05 (2) determined by the
2department under s. 440.03 (9), and
is found by the examining board to meet satisfies 3all of the following requirements:
AB763,22
4Section 22
. 455.04 (1) (b) of the statutes is amended to read:
AB763,11,65
455.04
(1) (b) Subject to ss. 111.321, 111.322
, and 111.335, not have
an arrest
6or a conviction record.
AB763,23
7Section 23
. 455.04 (1) (c) of the statutes is amended to read:
AB763,11,178
455.04
(1) (c) Hold a doctoral degree in psychology from a
college or university
9accredited by a regional accrediting agency approved by the state board of education
10in the state in which the college or university is located program accredited by the
11American Psychological Association or the Canadian Psychological Association, or
12have had other academic training
or specialized experience, which in the opinion of 13that the
examining board
is determines to be substantially equivalent
thereto based
14upon standards established by rule. The
examining board may require examinations
15to determine the equivalence of
such training
and experience and may also require
16examinations for individuals holding doctoral degrees in psychology from
17non-American universities.
AB763,24
18Section 24
. 455.04 (1) (d) of the statutes is repealed and recreated to read:
AB763,11,2019
455.04
(1) (d) Complete any predoctoral supervised experience requirements
20established by the examining board by rule.
AB763,25
21Section 25
. 455.04 (1) (dm) of the statutes is created to read:
AB763,11,2322
455.04
(1) (dm) Complete any postdoctoral supervised experience
23requirements established by the examining board by rule.
AB763,26
24Section 26
. 455.04 (1) (e) of the statutes is amended to read:
AB763,12,5
1455.04
(1) (e) Pass the examination under s. 455.045 (1) (a).
This paragraph
2does not apply to an applicant who is licensed as a psychologist in another state if
3the applicant submits proof of completion of continuing educational programs or
4courses approved under s. 455.065 (4) for the minimum number of hours required in
5the rules promulgated under s. 455.065 (3).
AB763,27
6Section 27
. 455.04 (2) of the statutes is created to read:
AB763,12,117
455.04
(2) The examining board shall grant an interim psychologist license to
8an applicant who satisfies the requirements for a license under sub. (1), other than
9the requirement under sub. (1) (d). An individual licensed under this subsection may
10provide psychological services only under the supervision of qualified supervisors,
11as determined by the examining board.
AB763,28
12Section 28
. 455.04 (3) of the statutes is amended to read:
AB763,12,1913
455.04
(3) The examining board may waive the requirements of sub. (1) (c)
and
14(d) to (e) if
a candidate holds a diploma of the American board of examiners in
15professional psychology, or an applicant holds a certificate or license of an examining
16board of some other state or territory
or foreign country or
a Canadian province, if
17the standards of such other examining board are deemed by the members of this
18examining board to be equivalent to the standards of this state
and like reciprocity
19is extended to holders of licenses issued by this state.
AB763,29
20Section 29
. 455.04 (4) of the statutes is repealed and recreated to read:
AB763,13,221
455.04
(4) A person who, on the day before the effective date of this subsection
22.... [LRB inserts date], held a valid private practice school psychologist license issued
23under s. 455.04 (4), 2015 stats., may continue to renew that license as provided in s.
24455.06. The examining board may not grant any initial private practice school
1psychologist license based on an application received on or after the effective date of
2this subsection .... [LRB inserts date].
AB763,30
3Section 30
. 455.04 (5) of the statutes is amended to read:
AB763,13,74
455.04
(5) Applicants for licensure under
subs. (1) and (4) this section may be
5required to appear before the examining board in person prior to licensure to allow
6the examining board to make such inquiry of them as to qualifications and other
7matters as it considers proper.
AB763,31
8Section 31
. 455.045 (1) of the statutes is amended to read:
AB763,13,129
455.045
(1) The examining board shall administer In order to qualify for a
10psychologist license under s. 455.04 (1) or (2), an applicant must have passed all of 11the following examinations
for psychologist licensure at least semiannually at times
12and places determined by the examining board:
AB763,13,1313
(a) A written examination on the
professional practice of psychology.
AB763,13,1514
(b) A written examination
in the elements of practice essential to the public
15health, safety or welfare on state law related to the practice of psychology.
AB763,32
16Section 32
. 455.045 (2) of the statutes is repealed.
AB763,33
17Section 33
. 455.045 (3) of the statutes is repealed and recreated to read:
AB763,13,2018
455.045
(3) The examining board shall set passing scores for examinations
19under sub. (1) (a) or (b). The examining board may adopt passing scores
20recommended by test developers.
AB763,34
21Section
34. 455.06 of the statutes is repealed and recreated to read:
AB763,13,25
22455.06 Renewals. (1) (a) Except as provided in par. (b), the renewal dates for
23licenses issued under this chapter or under s. 455.04 (4), 2015 stats., are specified
24under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the
25department under s. 440.03 (9) (a).
AB763,14,6
1(b) A license issued under s. 455.04 (2) is valid for 2 years or until the individual
2obtains a license under s. 455.04 (1) and may not be renewed, except that the
3examining board may promulgate rules specifying circumstances in which the
4examining board, in cases of hardship, may allow an individual to renew a license
5issued under s. 455.04 (2). Notwithstanding sub. (2), an individual holding a license
6issued under s. 455.04 (2) is not required to complete continuing education.
AB763,14,10
7(2) An applicant for renewal of a license issued under this chapter or under s.
8455.04 (4), 2015 stats., shall include with his or her application proof in the form
9specified by the examining board that he or she has completed the hours of
10continuing education required under s. 455.065.
AB763,35
11Section 35
. 455.065 (1) of the statutes is amended to read:
AB763,14,2012
455.065
(1) Promulgate rules establishing the minimum number of hours of
13continuing education, the topic areas that the continuing education must cover, the
14criteria for the approval of continuing education programs and courses required for
15renewal of a license
, and the criteria for the approval of the sponsors and cosponsors
16of those continuing education programs and courses.
The examining board may
17establish criteria for the substitution of hours of professional activities to meet
18continuing education requirements. A licensee shall retain for a minimum period of
196 years and shall make available to the examining board or its agent upon request
20proof that the licensee completed the required continuing education.
AB763,36
21Section 36
. 455.065 (3) of the statutes is repealed.
AB763,37
22Section 37
. 455.065 (4) of the statutes is amended to read:
AB763,14,2423
455.065
(4) Approve continuing education programs and courses in accordance
24with the criteria established under
subs. sub. (1)
and (3).
AB763,38
25Section
38. 455.065 (5) of the statutes is amended to read:
AB763,15,7
1455.065
(5) Promulgate rules establishing the criteria for the substitution of
2uncompensated hours of professional assistance volunteered to the department of
3health services for some or all hours of continuing education credits required under
4subs. (1) and (3) sub. (1). The eligible substitution hours shall involve professional
5evaluation of community programs for the certification and recertification of
6community mental health programs, as defined in s. 51.01 (3n), by the department
7of health services.
AB763,39
8Section 39
. 455.065 (6) and (7) of the statutes are created to read:
AB763,15,149
455.065
(6) Grant a postponement of or waiver from the continuing education
10requirements under this section based upon the grounds of prolonged illness or
11disability or on other grounds constituting extreme hardship. The examining board
12shall consider each application individually on its merits, and the examining board
13may grant a postponement, partial waiver, or total waiver of the requirement as the
14examining board deems appropriate.
AB763,15,21
15(7) Grant an exemption from the continuing education requirements under
16this section to a psychologist who certifies to the examining board that he or she has
17permanently retired from the practice of psychology. A psychologist who has been
18granted an exemption under this subsection may not return to active practice
19without submitting evidence satisfactory to the examining board of having
20completed the required continuing education credits within the 2-year period prior
21to the return to the practice of psychology.
AB763,40
22Section
40. 455.07 of the statutes is repealed.
AB763,41
23Section 41
. 455.08 of the statutes is repealed.
AB763,42
24Section
42. 455.09 (title) of the statutes is repealed and recreated to read:
AB763,15,25
25455.09 (title)
Disciplinary proceedings and actions.