LRBs0190/1
MED:amn
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 487
January 6, 2020 - Offered by Representative Tittl.
AB487-ASA1,2,2 1An Act to repeal 455.01 (4), 455.01 (7), 455.02 (2m) (h), 455.02 (3m) (title),
2455.045 (2), 455.065 (3), 455.07, 455.08 and 455.10; to renumber and amend
3455.02 (1m) and 455.02 (3m); to amend 15.405 (10m), 48.375 (2) (c), 48.375 (4)
4(b) 1m., 49.45 (30f), 50.06 (4), 50.94 (8), 51.30 (1) (b), 54.01 (27), 155.05 (2),
5440.08 (2) (a) (intro.), 440.88 (3m), 455.01 (3m), 455.02 (1m) (title), 455.02 (2m)
6(d), 455.02 (2m) (m), 455.03, 455.04 (title), 455.04 (1) (intro.), 455.04 (1) (b),
7455.04 (1) (c), 455.04 (1) (e), 455.04 (3), 455.04 (5), 455.045 (1), 455.065 (1),
8455.065 (4), 455.065 (5), 455.09 (3) and 905.04 (1) (e); to repeal and recreate
9455.01 (5), 455.01 (6), 455.02 (2m) (f), 455.02 (2m) (k), 455.04 (1) (d), 455.04 (4),
10455.045 (3), 455.06 and 455.09 (title); and to create 455.02 (2m) (o) to (s),
11455.025, 455.04 (1) (dm), 455.04 (2) and 455.065 (6) and (7) of the statutes;
12relating to: the practice of psychology, extending the time limit for emergency
13rule procedures, providing an exemption from emergency rule procedures,

1granting rule-making authority, and requiring the exercise of rule-making
2authority.
Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2019 Assembly Bill 487 in the
following respects:
1. The substitute amendment narrows the definition of the “practice of
psychology” such that certain activities would not, under the substitute amendment,
require a psychologist license. The substitute amendment also broadens an
exception to the prohibition against practicing psychology without a license
concerning persons engaged in educational or vocational counseling or testing.
2. The substitute amendment limits the amount of supervised experience that
the Psychology Examining Board may require in order for an individual to be granted
a psychologist license. The substitute amendment also requires that hours of
supervised experience attained after completion of doctoral level coursework be
counted even if they are completed before the conferral of a doctoral degree.
3. The substitute amendment deletes references to certain organizations
specified in the bill and instead requires the board to determine or approve the
relevant organization.
4. The substitute amendment eliminates a change that would limit a provision
that allows a psychologist licensed in another jurisdiction to temporarily practice in
this state to only individuals licensed in the United States or Canada. Under the
substitute amendment, the provision also applies to individuals licensed in foreign
countries.
5. In addition to allowing an interim psychologist license to be granted to an
individual who has not yet completed his or her required postdoctoral supervised
experience, the substitute amendment allows it to be granted to an individual who
has not yet completed a required written examination on the professional practice
of psychology.
6. The substitute amendment affects a provision that allows the board to waive
certain psychologist licensure requirements for individuals licensed in other
jurisdictions. Specifically, the substitute amendment eliminates changes to this
provision so that it will continue to apply to individuals licensed in foreign countries,
and not just individuals licensed in the United States or Canada.
7. The substitute amendment eliminates language in the bill that requires
licensees to retain proof of completion of required continuing education. The
substitute amendment also eliminates a provision allowing the board to audit any
licensee under investigation for compliance with continuing education
requirements.
8. The substitute amendment deletes various changes from the bill relating to
professional discipline, including changes that added certain additional grounds for
professional discipline against a licensee. The substitute amendment also

eliminates a provision that, in certain circumstances, allows the board to require a
licensee or applicant to submit to a psychological examination.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB487-ASA1,1 1Section 1 . 15.405 (10m) of the statutes is amended to read:
AB487-ASA1,3,92 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.
AB487-ASA1,2 10Section 2 . 48.375 (2) (c) of the statutes is amended to read:
AB487-ASA1,3,1711 48.375 (2) (c) “Counselor" means a physician including a physician specializing
12in psychiatry, a licensed psychologist, as defined in s. 455.01 (4) licensed under ch.
13455
, or an ordained member of the clergy. “Counselor" does not include any person
14who is employed by or otherwise affiliated with a reproductive health care facility,
15a family planning clinic, or a family planning agency; any person affiliated with the
16performance of abortions, except abortions performed to save the life of the mother;
17or any person who may profit from giving advice to seek an abortion.
AB487-ASA1,3 18Section 3 . 48.375 (4) (b) 1m. of the statutes is amended to read:
AB487-ASA1,4,719 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed
20psychologist, as defined in s. 455.01 (4), licensed under ch. 455 states in writing that
21the physician or psychologist believes, to the best of his or her professional judgment

1based on the facts of the case before him or her, that the minor is likely to commit
2suicide rather than file a petition under s. 48.257 or approach her parent, or guardian
3or legal custodian, if one has been appointed, or an adult family member of the minor,
4or one of the minor's foster parents, if the minor has been placed in a foster home and
5the minor's parent has signed a waiver granting the department, a county
6department, or the foster parent the authority to consent to medical services or
7treatment on behalf of the minor, for consent.
AB487-ASA1,4 8Section 4 . 49.45 (30f) of the statutes is amended to read:
AB487-ASA1,4,229 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The
10department shall include licensed mental health professionals, as defined in s.
11632.89 (1) (dm), and licensed psychologists, as defined in s. 455.01 (4) licensed under
12ch. 455
, as providers of psychotherapy and of alcohol and other drug abuse services.
13Except for services provided under sub. (30e), the department may not require that
14licensed mental health professionals or licensed psychologists be supervised; may
15not require that clinical psychotherapy or alcohol and other drug abuse services be
16provided under a certified program; and, notwithstanding subs. (9) and (9m), may
17not require that a physician or other health care provider first prescribe
18psychotherapy or alcohol and other drug abuse services to be provided by a licensed
19mental health professional or licensed psychologist before the professional or
20psychologist may provide the services to the recipient. This subsection does not
21affect the department's powers under ch. 50 or 51 to establish requirements for
22facilities that are licensed, certified, or operated by the department.
AB487-ASA1,5 23Section 5 . 50.06 (4) of the statutes is amended to read:
AB487-ASA1,5,924 50.06 (4) A determination that an individual is incapacitated for purposes of
25sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician

1and one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who
2personally examine the individual and sign a statement specifying that the
3individual is incapacitated. Mere old age, eccentricity, or physical disability, either
4singly or together, are insufficient to make a finding that an individual is
5incapacitated. Neither of the individuals who make a finding that an individual is
6incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have
7knowledge that he or she is entitled to or has a claim on any portion of the individual's
8estate. A copy of the statement shall be included in the individual's records in the
9facility to which he or she is admitted.
AB487-ASA1,6 10Section 6 . 50.94 (8) of the statutes is amended to read:
AB487-ASA1,5,2011 50.94 (8) A determination that a person is incapacitated may be made only by
122 physicians or by one physician and one licensed psychologist, as defined in s. 455.01
13(4),
licensed under ch. 455 who personally examine the person and sign a statement
14specifying that the person is incapacitated. Mere old age, eccentricity , or physical
15disabilities, singly or together, are insufficient to determine that a person is
16incapacitated. Whoever determines that the person is incapacitated may not be a
17relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she
18is entitled to or has claim on any portion of the person's estate. A copy of the
19statement shall be included in the records of the incapacitated person in the hospice
20to which he or she is admitted.
AB487-ASA1,7 21Section 7. 51.30 (1) (b) of the statutes is amended to read:
AB487-ASA1,6,622 51.30 (1) (b) “Treatment records" include the registration and all other records
23that are created in the course of providing services to individuals for mental illness,
24developmental disabilities, alcoholism, or drug dependence and that are maintained
25by the department; by county departments under s. 51.42 or 51.437 and their staffs;

1by treatment facilities; or by psychologists licensed under s. 455.04 (1) or (2) or
2licensed mental health professionals who are not affiliated with a county department
3or treatment facility. Treatment records do not include notes or records maintained
4for personal use by an individual providing treatment services for the department,
5a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or
6records are not available to others.
AB487-ASA1,8 7Section 8 . 54.01 (27) of the statutes is amended to read:
AB487-ASA1,6,98 54.01 (27) “Psychologist" means a licensed psychologist, as defined in s. 455.01
9(4)
licensed under ch. 455.
AB487-ASA1,9 10Section 9 . 155.05 (2) of the statutes is amended to read:
AB487-ASA1,6,2111 155.05 (2) Unless otherwise specified in the power of attorney for health care
12instrument, an individual's power of attorney for health care takes effect upon a
13finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and
14one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who
15personally examine the principal and sign a statement specifying that the principal
16has incapacity. Mere old age, eccentricity, or physical disability, either singly or
17together, are insufficient to make a finding of incapacity. Neither of the individuals
18who make a finding of incapacity may be a relative of the principal or have knowledge
19that he or she is entitled to or has a claim on any portion of the principal's estate.
20A copy of the statement, if made, shall be appended to the power of attorney for health
21care instrument.
AB487-ASA1,10 22Section 10 . 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB487-ASA1,7,223 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
24444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10,

1463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
2follows:
AB487-ASA1,11 3Section 11. 440.88 (3m) of the statutes is amended to read:
AB487-ASA1,7,104 440.88 (3m) Exception. This section does not apply to a physician, as defined
5in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a licensed
6psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), a marriage
7and family therapist, as defined in s. 457.01 (3), or a professional counselor, as
8defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or
9provides substance abuse counseling, treatment, or prevention services within the
10scope of his or her licensure.
AB487-ASA1,12 11Section 12. 455.01 (3m) of the statutes is amended to read:
AB487-ASA1,7,1512 455.01 (3m) “Fee" “ Fee," when used other than in reference to a fee for a
13credential,
means direct or indirect payment or compensation, monetary or
14otherwise, including the expectation of payment or compensation whether or not
15actually received.
AB487-ASA1,13 16Section 13 . 455.01 (4) of the statutes is repealed.
AB487-ASA1,14 17Section 14 . 455.01 (5) of the statutes is repealed and recreated to read:
AB487-ASA1,7,2118 455.01 (5) (a) “Practice of psychology" means the observation, description,
19evaluation, interpretation, prediction, or modification of human behavior by the
20application of psychological principles, methods, or procedures for any of the
21following purposes, in exchange for a fee:
AB487-ASA1,7,2422 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic,
23maladaptive, or undesired behavior and promoting adaptive health maintaining
24behavior or psychological functioning.
AB487-ASA1,7,2525 2. Assisting in legal decision making.
AB487-ASA1,8,2
1(b) “Practice of psychology" includes all of the following if done in exchange for
2a fee:
AB487-ASA1,8,53 1. Psychological testing and the evaluation or assessment of a person's
4characteristics, including intelligence; personality; cognitive, physical, or emotional
5abilities; skills; interests; aptitudes; or neuropsychological functioning.
AB487-ASA1,8,76 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis,
7biofeedback, behavior therapy, and applied behavior analysis.
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