2017 - 2018 LEGISLATURE
December 19, 2017 - Introduced by Representatives Tittl, Brostoff, Considine,
Jacque, Katsma, Kremer, Novak, Quinn, Rohrkaste, Sanfelippo,
Skowronski, Spiros and VanderMeer, cosponsored by Senators Darling,
Larson and Olsen. Referred to Committee on Regulatory Licensing Reform.
AB763,2,2
1An Act to repeal 455.01 (7), 455.02 (2m) (h), 455.02 (3m) (title), 455.045 (2),
2455.065 (3), 455.07, 455.08 and 455.10;
to renumber and amend 455.02 (1m)
3and 455.02 (3m);
to amend 15.405 (10m), 51.30 (1) (b), 440.08 (2) (a) (intro.),
4440.88 (3m), 455.01 (3m), 455.02 (1m) (title), 455.02 (2m) (d), 455.02 (2m) (m),
5455.03, 455.04 (1) (intro.), 455.04 (1) (b), 455.04 (1) (c), 455.04 (1) (e), 455.04 (3),
6455.04 (5), 455.045 (1), 455.065 (1), 455.065 (4), 455.065 (5), 455.09 (1) (intro.),
7455.09 (1) (b), 455.09 (1) (g), 455.09 (3) and 905.04 (1) (e);
to repeal and
8recreate 455.01 (5), 455.01 (6), 455.02 (2m) (f), 455.02 (2m) (k), 455.04 (1) (d),
9455.04 (4), 455.045 (3), 455.06 and 455.09 (title); and
to create 455.02 (2m) (o)
10to (r), 455.025, 455.04 (1) (dm), 455.04 (2), 455.065 (6) and (7), 455.09 (1) (i),
11455.09 (1) (j), 455.09 (4) and 455.095 of the statutes;
relating to: the practice
12of psychology, extending the time limit for emergency rule procedures,
1providing an exemption from emergency rule procedures, granting
2rule-making authority, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, no person may engage in the practice of psychology without
being licensed as a psychologist by the Psychology Examining Board. This bill makes
various revisions to the laws governing the board and the practice of psychology.
Significant changes are described as follows:
Psychology Examining Board; composition
Under current law, the board is required to be composed of six members,
including four licensed psychologists and two public members. Current law requires
that each psychologist member represent a different specialty area within the field
of psychology.
The bill eliminates the requirement that each psychologist member represent
a different specialty area within the field of psychology and instead simply requires
that the governor, to the extent possible, nominate psychologists to the board who
represent different specialty areas within the field of psychology.
Private practice of school psychologist
Under current law, no person may engage in the private practice of school
psychology without a private practice school psychologist license.
The bill allows private practice school psychologists who are licensed under
current law to continue to renew their licenses and engage in the private practice of
school psychology. However, the bill otherwise discontinues the licensure of private
practice school psychologists. The bill continues to allow the practice of school
psychology in school settings without a license issued by the board by individuals
credentialed by the Department of Public Instruction.
Psychology; scope of practice and licensure requirements
1. The bill revises the definition of the “practice of psychology” for purposes of
the requirement that an individual obtain a psychologist license in order to engage
in that practice. The bill also revises various provisions that exempt certain types
of individuals from the licensure requirement and adds a number of additional
exemptions.
2. The bill revises the licensure requirements that must be satisfied in order
to be granted a psychologist license by the board. The changes include eliminating
a prohibition on the board promulgating rules to require an internship.
3. The bill eliminates the ability of the board to deny a license based on an
applicant's arrest record.
Interim license
The bill requires the board to issue an interim psychologist license to an
applicant who satisfies all of the requirements for a psychologist license, other than
the supervised experience requirement. An interim license is valid for two years or
until the individual obtains a permanent license, subject to a hardship exemption
prescribed by the board by rule that could allow renewals beyond two years.
Continuing education
The bill makes various changes concerning continuing education for
psychologists, including requiring licensees to maintain records of compliance with
continuing education requirements for at least six years.
Various other changes
The bill makes various other changes to the laws governing the practice of
psychology, including:
1. Allowing the board to require a licensee or applicant to submit to a
psychological examination when there is reasonable cause to believe that the
individual is physically or mentally incapable of engaging in the practice of
psychology with reasonable skill such that he or she may endanger the safety of
patients or clients.
2. Various revisions to the laws governing professional discipline of
psychologists, including specifically allowing the board to take disciplinary action
against a licensee who practices outside the scope of his or her training, experience,
or education without appropriate supervision.
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:
AB763,1
1Section 1
. 15.405 (10m) of the statutes is amended to read:
AB763,3,92
15.405
(10m) Psychology examining board. There is created in the
3department of safety and professional services a psychology examining board
4consisting of 6 members appointed for staggered 4-year terms. Four of the members
5shall be psychologists licensed in this state.
Each of the psychologist members shall
6represent a different specialty area within the field of psychology. Two members
7shall be public members.
The governor shall, to the extent possible, nominate
8psychologists to the board who represent different specialty areas within the field of
9psychology.
AB763,2
10Section
2. 51.30 (1) (b) of the statutes is amended to read:
AB763,4,10
151.30
(1) (b) “Treatment records" include the registration and all other records
2that are created in the course of providing services to individuals for mental illness,
3developmental disabilities, alcoholism, or drug dependence and that are maintained
4by the department; by county departments under s. 51.42 or 51.437 and their staffs;
5by treatment facilities; or by psychologists licensed under s. 455.04 (1)
or (2) or
6licensed mental health professionals who are not affiliated with a county department
7or treatment facility. Treatment records do not include notes or records maintained
8for personal use by an individual providing treatment services for the department,
9a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or
10records are not available to others.
AB763,3
11Section 3
. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB763,4,1512
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
13444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (d),
455.06 (1) (b), 463.10,
14463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
15follows:
AB763,4
16Section
4. 440.88 (3m) of the statutes is amended to read:
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.