2021 - 2022 LEGISLATURE
February 12, 2021 - Introduced by Representatives Tittl, Kitchens, Armstrong,
Born, Cabral-Guevara, Dittrich, Jagler, Kerkman, Moses, Murphy,
Neylon, Rozar, Skowronski, Snyder, Swearingen, Tranel, VanderMeer and
James, cosponsored by Senators Stafsholt, Bernier, Darling, Nass and
Larson. Referred to Committee on Health.
1An Act to repeal
455.01 (4), 455.01 (7), 455.02 (2m) (h), 455.02 (3m) (title), 2
455.045 (2), 455.065 (3), 455.07, 455.08 and 455.10; to renumber and amend
455.02 (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), 51.30 (1) (b), 54.01 (27), 155.01 (1g) (a), 440.08 (2) 5
(a) (intro.), 440.88 (3m), 455.01 (3m), 455.02 (1m) (title), 455.02 (2m) (d), 455.02 6
(2m) (m), 455.03, 455.04 (title), 455.04 (1) (intro.), 455.04 (1) (b), 455.04 (1) (c), 7
455.04 (1) (e), 455.04 (3), 455.04 (5), 455.045 (1), 455.065 (1), 455.065 (4), 8
455.065 (5), 455.09 (3) and 905.04 (1) (e); to repeal and recreate
455.01 (5), 9
455.01 (6), 455.02 (2m) (f), 455.02 (2m) (k), 455.04 (1) (d), 455.04 (4), 455.045 (3), 10
455.06 and 455.09 (title); and to create
455.02 (2m) (o) to (s), 455.025, 455.04 11
(2) and 455.065 (6) and (7) of the statutes; relating to: the practice of
12psychology, extending the time limit for emergency rule procedures, providing
1an exemption from emergency rule procedures, granting rule-making
2authority, 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 examining board and the practice of
psychology. Significant changes are described as follows:
Psychology Examining Board; composition
Under current law, the examining 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 requires that the governor, to the extent possible, nominate
to the examining board psychologists who represent different specialty areas within
the field of psychology.
Private practice school psychologists
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 a person to work as a school psychologist
in school settings without a license issued by the examining board if the person
receives a school psychologist license from the Department of Public Instruction.
Psychology; scope of practice and licensure requirements
The bill revises the definition of the “practice of psychology,” revises various
provisions that exempt certain types of individuals from the licensure requirement,
and adds a number of additional exemptions.
The bill revises the licensure requirements that must be satisfied in order to be
granted a psychologist license by the examining board. The changes include
specifying the required hours of supervised experience and eliminating a prohibition
on the examining board from promulgating rules to require an internship.
The bill eliminates the ability of the examining board to deny a license on the
basis of an applicant's arrest record.
The bill requires the examining board to issue an interim license to an applicant
who satisfies all of the requirements for a psychologist license other than the
postdoctoral supervised experience requirement and the required written
examination on the professional practice of psychology. An interim license is valid
for two years or until the individual obtains a permanent license, subject to a
hardship exemption prescribed by the examining board by rule that could allow
renewals beyond two years.
The bill allows the examining board to establish criteria that would allow
psychologists to substitute hours of professional activities to meet continuing
education requirements. The bill also requires the examining board to grant
exemptions from continuing education requirements on the grounds of prolonged
illness or disability, or other grounds that constitute extreme hardship, and on the
grounds of permanent retirement from the practice of psychology.
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:
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 to the
8examining board psychologists who represent different specialty areas within the
9field of psychology.
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 s.
13455.04 (1) or (2)
, or an ordained member of the clergy. “Counselor" does not include 14
any person who is employed by or otherwise affiliated with a reproductive health 15
care facility, a family planning clinic,
or a family planning agency; any person 16
affiliated with the performance of abortions, except abortions performed to save the
life of the mother; or any person who may profit from giving advice to seek an 2
48.375 (4) (b) 1m. of the statutes is amended to read:
(b) 1m. A physician who specializes in psychiatry or a licensed 5
psychologist, as defined in s. 455.01 (4),
licensed under s. 455.04 (1) or (2)
states in 6
writing that the physician or psychologist believes, to the best of his or her 7
professional judgment based on the facts of the case before him or her, that the minor 8
is likely to commit suicide rather than file a petition under s. 48.257 or approach her 9
parent, or guardian or legal custodian, if one has been appointed, or an adult family 10
member of the minor, or one of the minor's foster parents, if the minor has been placed 11
in a foster home and the minor's parent has signed a waiver granting the 12
department, a county department, or the foster parent the authority to consent to 13
medical services or 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. 17
632.89 (1) (dm), and licensed
, as defined in s. 455.01 (4) licensed under
18s. 455.04 (1) or (2)
, as providers of psychotherapy and of alcohol and other drug abuse 19
services. Except for services provided under sub. (30e), the department may not 20
require that licensed mental health professionals or licensed psychologists be 21
supervised; may not require that clinical psychotherapy or alcohol and other drug 22
abuse services be provided under a certified program; and, notwithstanding subs. (9) 23
and (9m), may not require that a physician or other health care provider first 24
prescribe psychotherapy or alcohol and other drug abuse services to be provided by 25
a licensed mental health professional or licensed psychologist before the professional
or psychologist may provide the services to the recipient. This subsection does not 2
affect the department's powers under ch. 50 or 51 to establish requirements for 3
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 6
sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician 7
and one licensed
psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1)
, who personally examine the individual and sign a statement specifying that 9
the individual is incapacitated. Mere old age, eccentricity,
or physical disability, 10
either singly or together, are insufficient to make a finding that an individual is 11
incapacitated. Neither of the individuals who make a finding that an individual is 12
incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have 13
knowledge that he or she is entitled to or has a claim on any portion of the individual's 14
estate. A copy of the statement shall be included in the individual's records in the 15
facility 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 18
that are created in the course of providing services to individuals for mental illness, 19
developmental disabilities, alcoholism, or drug dependence and that are maintained 20
by the department; by county departments under s. 51.42 or 51.437 and their staffs; 21
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 23
or treatment facility. Treatment records do not include notes or records maintained 24
for personal use by an individual providing treatment services for the department,
a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or 2
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
5(4) licensed under s. 455.04 (1) or (2)
155.01 (1g) (a) of the statutes is amended to read:
(a) A licensed
psychologist, as defined in s. 455.01 (4) licensed
8under s. 455.04 (1) or (2)
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, 11
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 13
440.88 (3m) of the statutes is amended to read:
440.88 (3m) Exception.
This section does not apply to a physician, as defined 16
in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a licensed 17
psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2)
, a marriage 18
and family therapist, as defined in s. 457.01 (3), or a professional counselor, as 19
defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or 20
provides substance abuse counseling, treatment, or prevention services within the 21
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
otherwise, including the expectation of payment or compensation whether or not 2
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, 6
evaluation, interpretation, prediction, or modification of human behavior by the 7
application of psychological principles, methods, or procedures for any of the 8
following purposes, in exchange for a fee:
1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, 10
maladaptive, or undesired behavior and promoting adaptive health maintaining 11
behavior or psychological functioning.
2. Assisting in legal decision-making.