Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2019 Assembly Bill 487 in the
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 further specifies the supervised experience that
is required in order for an individual to be granted a psychologist license.
3. The substitute amendment deletes references to certain organizations
specified in the bill and instead requires the board to determine or approve the
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, but the other state's, country's, or territory's standards must, in the
opinion of the board, be equivalent to or higher than the requirements for licensure
as a psychologist in this state.
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
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
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:
15.405 (10m) of the statutes is amended to read:
15.405 (10m) Psychology examining board.
There is created in the 3
department of safety and professional services a psychology examining board 4
consisting of 6 members appointed for staggered 4-year terms. Four of the members 5
shall be psychologists licensed in this state. Each of the psychologist members shall
6represent a different specialty area within the field of psychology.
Two members 7
shall be public members. The governor shall, to the extent possible, nominate
8psychologists to the board who represent different specialty areas within the field of
48.375 (2) (c) of the statutes is amended to read:
(c) “Counselor" means a physician including a physician specializing 12
in psychiatry, a licensed
psychologist, as defined in s. 455.01 (4) licensed under ch.
, or an ordained member of the clergy. “Counselor" does not include any person 14
who is employed by or otherwise affiliated with a reproductive health care facility, 15
a family planning clinic,
or a family planning agency; any person affiliated with the 16
performance of abortions, except abortions performed to save the life of the mother; 17
or any person who may profit from giving advice to seek an abortion.
48.375 (4) (b) 1m. of the statutes is amended to read:
(b) 1m. A physician who specializes in psychiatry or a licensed 20
psychologist, as defined in s. 455.01 (4), licensed under ch. 455
states in writing that 21
the physician or psychologist believes, to the best of his or her professional judgment
based on the facts of the case before him or her, that the minor is likely to commit 2
suicide rather than file a petition under s. 48.257 or approach her parent, or guardian 3
or legal custodian, if one has been appointed, or an adult family member of the minor, 4
or one of the minor's foster parents, if the minor has been placed in a foster home and 5
the minor's parent has signed a waiver granting the department, a county 6
department, or the foster parent the authority to consent to medical services or 7
treatment on behalf of the minor, for consent.
49.45 (30f) of the statutes is amended to read:
49.45 (30f) Psychotherapy and alcohol and other drug abuse services.
department shall include licensed mental health professionals, as defined in s. 11
632.89 (1) (dm), and licensed
psychologists, as defined in s. 455.01 (4) licensed under
, as providers of psychotherapy and of alcohol and other drug abuse services. 13
Except for services provided under sub. (30e), the department may not require that 14
licensed mental health professionals or licensed psychologists be supervised; may 15
not require that clinical psychotherapy or alcohol and other drug abuse services be 16
provided under a certified program; and, notwithstanding subs. (9) and (9m), may 17
not require that a physician or other health care provider first prescribe 18
psychotherapy or alcohol and other drug abuse services to be provided by a licensed 19
mental health professional or licensed psychologist before the professional or 20
psychologist may provide the services to the recipient. This subsection does not 21
affect the department's powers under ch. 50 or 51 to establish requirements for 22
facilities that are licensed, certified, or operated by the department.
50.06 (4) of the statutes is amended to read:
A determination that an individual is incapacitated for purposes of 25
sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician
and one licensed
psychologist, as defined in s. 455.01 (4) licensed under ch. 455
, who 2
personally examine the individual and sign a statement specifying that the 3
individual is incapacitated. Mere old age, eccentricity,
or physical disability, either 4
singly or together, are insufficient to make a finding that an individual is 5
incapacitated. Neither of the individuals who make a finding that an individual is 6
incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have 7
knowledge that he or she is entitled to or has a claim on any portion of the individual's 8
estate. A copy of the statement shall be included in the individual's records in the 9
facility to which he or she is admitted.
50.94 (8) of the statutes is amended to read:
A determination that a person is incapacitated may be made only by 12
2 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 14
specifying that the person is incapacitated. Mere old age, eccentricity
or physical 15
disabilities, singly or together, are insufficient to determine that a person is 16
incapacitated. Whoever determines that the person is incapacitated may not be a 17
relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she 18
is entitled to or has claim on any portion of the person's estate. A copy of the 19
statement shall be included in the records of the incapacitated person in the hospice 20
to which he or she is admitted.
51.30 (1) (b) of the statutes is amended to read:
(b) “Treatment records" include the registration and all other records 23
that are created in the course of providing services to individuals for mental illness, 24
developmental disabilities, alcoholism, or drug dependence and that are maintained 25
by the department; by county departments under s. 51.42 or 51.437 and their staffs;
by treatment facilities; or by psychologists licensed under s. 455.04 (1) or (2)
licensed mental health professionals who are not affiliated with a county department 3
or treatment facility. Treatment records do not include notes or records maintained 4
for personal use by an individual providing treatment services for the department, 5
a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or 6
records are not available to others.
54.01 (27) of the statutes is amended to read:
“Psychologist" means a licensed
psychologist, as defined in s. 455.01
9(4) licensed under ch. 455
155.05 (2) of the statutes is amended to read:
Unless otherwise specified in the power of attorney for health care 12
instrument, an individual's power of attorney for health care takes effect upon a 13
finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and 14
psychologist, as defined in s. 455.01 (4) licensed under ch. 455
, who 15
personally examine the principal and sign a statement specifying that the principal 16
has incapacity. Mere old age, eccentricity,
or physical disability, either singly or 17
together, are insufficient to make a finding of incapacity. Neither of the individuals 18
who make a finding of incapacity may be a relative of the principal or have knowledge 19
that he or she is entitled to or has a claim on any portion of the principal's estate. 20
A copy of the statement, if made, shall be appended to the power of attorney for health 21
440.08 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 24
444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e),
455.06 (1) (b),
463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as 2
440.88 (3m) of the statutes is amended to read:
440.88 (3m) Exception.
This section does not apply to a physician, as defined 5
in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a licensed 6
psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2)
, a marriage 7
and family therapist, as defined in s. 457.01 (3), or a professional counselor, as 8
defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or 9
provides substance abuse counseling, treatment, or prevention services within the 10
scope of his or her licensure.
455.01 (3m) of the statutes is amended to read:
455.01 (3m) “Fee" “
Fee," when used other than in reference to a fee for a
means direct or indirect payment or compensation, monetary or 14
otherwise, including the expectation of payment or compensation whether or not 15
455.01 (4) of the statutes is repealed.
455.01 (5) of the statutes is repealed and recreated to read:
(a) “Practice of psychology" means the observation, description, 19
evaluation, interpretation, prediction, or modification of human behavior by the 20
application of psychological principles, methods, or procedures for any of the 21
following purposes, in exchange for a fee:
1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, 23
maladaptive, or undesired behavior and promoting adaptive health maintaining 24
behavior or psychological functioning.
2. Assisting in legal decision making.
(b) “Practice of psychology" includes all of the following if done in exchange for 2
1. Psychological testing and the evaluation or assessment of a person's 4
characteristics, including intelligence; personality; cognitive, physical, or emotional 5
abilities; skills; interests; aptitudes; or neuropsychological functioning.
2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, 7
biofeedback, behavior therapy, and applied behavior analysis.
3. The diagnosis, treatment, or management of mental and emotional disorders 9
or disabilities, substance use disorders, disorders of habit or conduct, and the 10
psychological aspects of physical illnesses, accidents, injuries, or disabilities.
4. Psychoeducational evaluation, therapy, or remediation.
5. Consultation with other psychologists, physicians, or other health care 13
professionals and with a patient regarding all available treatment options with 14
respect to the provision of care for a specific patient or client.
6. The supervision of anything specified in subds. 1. to 5.
455.01 (6) of the statutes is repealed and recreated to read:
“Psychotherapy" means the diagnosis and treatment of mental, 18
emotional, or behavioral disorders, conditions, or addictions through the application 19
of methods derived from established psychological or systemic principles, including 20
for the purpose of assisting individuals with modifying their behaviors, cognitions, 21
emotions, or personality characteristics, or for the purpose of understanding 22
unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.
455.01 (7) of the statutes is repealed.
455.02 (1m) (title) of the statutes is amended to read:
(title) License required
455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and 2
amended to read:
(a) Except as provided in s. sub. (2m) and ss.
257.03 and 455.03
no person may engage in the practice of psychology or the private practice of school
, or attempt to do so or make a representation as authorized to do so, 6
without a license issued by the examining board.
455.02 (2m) (d) of the statutes is amended to read:
(d) A person employed in a position as a psychologist or 9
psychological assistant by an a regionally
accredited college, junior college or
10university or other academic or research higher educational
institution, if the person 11
is performing activities that are a part of the duties for which he or she is employed, 12
is performing those activities solely within the confines of or under the jurisdictions 13
of the institution in which he or she is employed,
and does not render or offer to 14
render psychological services to the public for a fee over and above the salary that 15
he or she receives for the performance of the official duties with the institution with 16
which he or she is employed. An individual acting under this paragraph may,
17without obtaining a license under s. 455.04 (1) or (4), disseminate research findings
18and scientific information to others, such as accredited academic institutions or
19governmental agencies, or may offer lecture services for a fee.
teach the practice of
20psychology, conduct psychological research, present lectures on the practice of
21psychology, perform any consultation required by his or her academic or research
22functions, or provide expert testimony in court related to his or her field of expertise.
23A person employed in a position under this paragraph may utilize or represent
24himself or herself by the academic or research title conferred upon him or her by the
1administration of the laboratory, school, college, or university or use the title
2“psychology professor” or “academic psychologist.”
455.02 (2m) (f) of the statutes is repealed and recreated to read:
(f) A person providing psychological services as part of a 5
psychology training program, if his or her activities and services constitute a part of 6
the supervised course of study and are performed under the supervision of a 7
psychologist licensed under this chapter and the person does not provide or offer to 8
provide psychological services to the public for a fee over and above any salary that 9
he or she may receive for the performance of the official duties with the employing 10
agency or organization. A person providing services under this paragraph may use 11
the title “psychology student,” “psychology intern,” or “psychology resident.”
455.02 (2m) (h) of the statutes is repealed.
455.02 (2m) (k) of the statutes is repealed and recreated to read:
(k) A person whose activities are limited to educational or 15
vocational counseling or testing that is performed in a human resources, personnel, 16
or educational setting.
455.02 (2m) (m) of the statutes is amended to read:
(m) A person providing psychological services as an employee of 19
a federal, state or local
governmental agency, if the person is providing the 20
psychological services as a part of the duties for which he or she is employed, is 21
providing the psychological services solely within the confines of or under the 22
jurisdiction of the agency by which he or she is employed,
and does not provide or offer 23
to provide psychological services to the public for a fee over and above the salary that 24
he or she receives for the performance of the official duties with the agency by which 25
he or she is employed.
455.02 (2m) (o) to (s) of the statutes are created to read:
(o) A person providing psychological services as an employee of a 3
state or local governmental agency, if the person is providing the psychological 4
services as a part of the duties for which he or she is employed, is providing the 5
psychological services solely within the confines of or under the jurisdiction of the 6
agency by which he or she is employed, does not provide or offer to provide 7
psychological services to the public for a fee over and above the salary that he or she 8
receives for the performance of the official duties with the agency by which he or she 9
is employed, and has received a master's degree in psychology from a regionally 10
accredited higher educational institution or has fulfilled requirements 11
commensurate with a master's degree, as determined by the examining board. The 12
examining board may promulgate rules to further establish requirements for 13
exemptions under this paragraph for persons who do not hold a master's degree in 14
psychology. A person providing services under this paragraph may use the title 15
(p) A person providing psychological services under the supervision of a 17
psychologist licensed under this chapter as part of a formal psychology fellowship 18
program that meets the program standards of an organization as determined by the 19
examining board. A person providing services under this paragraph may use the 20
title “psychology fellow.”
(q) A person whose activities are limited to testifying in a court in this state 22
regarding services rendered in another state.
(r) A person engaging in the private practice of school psychology who holds a 24
valid private practice school psychologist license issued under s. 455.04 (4), 2017
stats. A person acting under this paragraph may use the title “private practice school 2
(s) A person who holds a doctoral degree in psychology but does not engage in 4
the practice of psychology. A person described in this paragraph may use the title 5
“psychologist” or “doctor of psychology.”
455.02 (3m) (title) of the statutes is repealed.
455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and 8
amended to read:
(b) Except as provided in s. sub. (2m) and ss.
257.03 and 455.03
only an individual licensed under s. 455.04 (1) or (2)
may use the title “psychologist" 11
or any similar title or state or imply that he or she is licensed to practice psychology,
12and only an individual licensed under s. 455.04 (4) may use the title “private practice
13school psychologist" or any similar title or state or imply that he or she is licensed
14to engage in the private practice of school psychology
. Except as provided in s. sub.
15(2m) and ss.
257.03 and 455.03
, only an individual licensed under s. 455.04 (1) or (4) 16or (2)
may represent himself or herself to the public by any description of services 17
incorporating the word “psychological" or “psychology
455.025 of the statutes is created to read:
19455.025 Practice of medicine and surgery.
Nothing in this chapter shall 20
be construed to authorize a psychologist to engage in the practice of medicine and 21
455.03 of the statutes is amended to read:
23455.03 Temporary practice.
A psychologist who is licensed or certified by 24
a similar examining board of another state or territory of the United States or of a 25
foreign country or province whose standards, in the opinion of the examining board,
are equivalent to or higher than the requirements for licensure as a psychologist in 2
s. 455.04 (1) may offer provide psychological
services as a psychologist
in this state 3for on
not more than 60 working
days in any year without holding a license issued 4
under s. 455.04 (1). The psychologist shall report to the examining board the nature 5
and extent of his or her practice in this state if it exceeds 20
days within a 6
year. In this section, “day” means any part of a day during which psychological
7services are rendered.
455.04 (title) of the statutes is amended to read:
(title) Licensure of psychologists and private practice school
455.04 (1) (intro.) of the statutes is amended to read:
(intro.) The department Subject to s. 455.09, the examining board 13
shall issue grant
a psychologist license to an individual who submits an application 14
for the license to the department on a form provided by the department
, pays the fee 15specified in s. 440.05 (1) or, if sub. (3) applies, the fee specified in s. 440.05 (2) 16determined by the department under s. 440.03 (9)
, and is found by the examining
17board to meet satisfies
all of the following requirements:
455.04 (1) (b) of the statutes is amended to read:
(b) Subject to ss. 111.321, 111.322
and 111.335, not have an arrest
455.04 (1) (c) of the statutes is amended to read:
(c) Hold a doctoral degree in psychology from a college or university
23accredited by a regional accrediting agency approved by the state board of education
24in the state in which the college or university is located program accredited by an
25organization approved by the examining board
, or have had other academic training
1or specialized experience, which in the opinion of that
is 2determines to be substantially
equivalent thereto based upon standards established
. The examining
board may require examinations to determine the 4
equivalence of such
training and experience and may also require examinations
individuals holding doctoral degrees in psychology from non-American universities.
455.04 (1) (d) of the statutes is repealed and recreated to read:
(d) Complete at least 3,000 hours of supervised graduate-level 8
experience in the practice of psychology under conditions satisfactory to the 9
examining board and established by rule. Supervised hours shall consist of all of the 10
1. At least 1,500 hours of experience in a successfully completed internship, 12
which shall be accrued after the completion of all doctoral level coursework.