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.
(b) “Practice of psychology" includes all of the following if done in exchange for 14
1. Psychological testing and the evaluation or assessment of a person's 16
characteristics, including intelligence; personality; cognitive, physical, or emotional 17
abilities; skills; interests; aptitudes; or neuropsychological functioning.
2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, 19
biofeedback, behavior therapy, and applied behavior analysis.
3. The diagnosis, treatment, or management of mental and emotional disorders 21
or disabilities, substance use disorders, disorders of habit or conduct, and the 22
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 2
professionals and with a patient regarding all available treatment options with 3
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, 7
emotional, or behavioral disorders, conditions, or addictions through the application 8
of methods derived from established psychological or systemic principles, including 9
for the purpose of assisting individuals with modifying their behaviors, cognitions, 10
emotions, or personality characteristics, or for the purpose of understanding 11
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 16
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, 20
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 23
psychological assistant by an a regionally
accredited college, junior college or
24university or other academic or research higher educational
institution, if the person 25
is performing activities that are a part of the duties for which he or she is employed,
is performing those activities solely within the confines of or under the jurisdictions 2
of the institution in which he or she is employed,
and does not render or offer to 3
render psychological services to the public for a fee over and above the salary that 4
he or she receives for the performance of the official duties with the institution with 5
which he or she is employed. An individual acting under this paragraph may,
6without obtaining a license under s. 455.04 (1) or (4), disseminate research findings
7and scientific information to others, such as accredited academic institutions or
8governmental agencies, or may offer lecture services for a fee.
teach the practice of
9psychology, conduct psychological research, present lectures on the practice of
10psychology, perform any consultation required by his or her academic or research
11functions, or provide expert testimony in court related to his or her field of expertise.
12A person employed in a position under this paragraph may utilize or represent
13himself or herself by the academic or research title conferred upon him or her by the
14administration of the laboratory, school, college, or university or use the title
15“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 18
psychology training program, if his or her activities and services constitute a part of 19
the supervised course of study and are performed under the supervision of a 20
psychologist licensed under this chapter and the person does not provide or offer to 21
provide psychological services to the public for a fee over and above the salary that 22
he or she may receive for the performance of the official duties with the employing 23
agency or organization. A person providing services under this paragraph may use 24
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 3
vocational counseling or testing that is performed in a human resources, personnel, 4
or educational setting.
455.02 (2m) (m) of the statutes is amended to read:
(m) A person providing psychological services as an employee of 7
a federal, state or local
governmental agency, if the person is providing the 8
psychological services as a part of the duties for which he or she is employed, is 9
providing the psychological services solely within the confines of or under the 10
jurisdiction of the agency by which he or she is employed,
and does not provide or offer 11
to provide psychological services to the public for a fee over and above the salary that 12
he or she receives for the performance of the official duties with the agency by which 13
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 16
state or local governmental agency, if the person is providing the psychological 17
services as a part of the duties for which he or she is employed, is providing the 18
psychological services solely within the confines of or under the jurisdiction of the 19
agency by which he or she is employed, does not provide or offer to provide 20
psychological services to the public for a fee over and above the salary that he or she 21
receives for the performance of the official duties with the agency by which he or she 22
is employed, and has received a master's degree in psychology from a regionally 23
accredited higher educational institution or has fulfilled requirements 24
commensurate with a master's degree, as determined by the examining board. The 25
examining board may promulgate rules to further establish requirements for
exemptions under this paragraph for persons who do not hold a master's degree in 2
psychology. A person providing services under this paragraph may use the title 3
(p) A person providing psychological services under the supervision of a 5
psychologist licensed under this chapter as part of a formal psychology fellowship 6
program that meets the program standards of an organization as determined by the 7
examining board. A person providing services under this paragraph may use the 8
title “psychology fellow.”
(q) A person whose activities are limited to testifying in a court in this state 10
regarding services rendered in another state.
(r) A person engaging in the private practice of school psychology who holds a 12
valid private practice school psychologist license issued under s. 455.04 (4), 2019 13
stats. A person acting under this paragraph may use the title “private practice school 14
(s) A person who holds a doctoral degree in psychology but does not engage in 16
the practice of psychology. A person described in this paragraph may use the title 17
“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 20
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" 23
or any similar title or state or imply that he or she is licensed to practice psychology,
24and only an individual licensed under s. 455.04 (4) may use the title “private practice
25school psychologist" or any similar title or state or imply that he or she is licensed
1to engage in the private practice of school psychology
. Except as provided in s. sub.
2(2m) and ss.
257.03 and 455.03
, only an individual licensed under s. 455.04 (1) or (4) 3(2)
may represent himself or herself to the public by any description of services 4
incorporating the word “psychological" or “psychology
455.025 of the statutes is created to read:
6455.025 Practice of medicine and surgery.
Nothing in this chapter shall 7
be construed to authorize a psychologist to engage in the practice of medicine and 8