LRB-1226/1
JPC:wlj
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.
AB63,2,2
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), 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),
7455.04 (1) (e), 455.04 (3), 455.04 (5), 455.045 (1), 455.065 (1), 455.065 (4),
8455.065 (5), 455.09 (3) and 905.04 (1) (e);
to repeal and recreate 455.01 (5),
9455.01 (6), 455.02 (2m) (f), 455.02 (2m) (k), 455.04 (1) (d), 455.04 (4), 455.045 (3),
10455.06 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.
Interim license
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.
Continuing education
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:
AB63,1
1Section 1
. 15.405 (10m) of the statutes is amended to read:
AB63,3,92
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 to the
8examining board psychologists who represent different specialty areas within the
9field of psychology.
AB63,2
10Section 2
. 48.375 (2) (c) of the statutes is amended to read:
AB63,4,211
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 s.
13455.04 (1) or (2), or an ordained member of the clergy. “Counselor" does not include
14any person who is employed by or otherwise affiliated with a reproductive health
15care facility, a family planning clinic
, or a family planning agency; any person
16affiliated with the performance of abortions, except abortions performed to save the
1life of the mother; or any person who may profit from giving advice to seek an
2abortion.
AB63,3
3Section 3
. 48.375 (4) (b) 1m. of the statutes is amended to read:
AB63,4,134
48.375
(4) (b) 1m. A physician who specializes in psychiatry or a
licensed 5psychologist
, as defined in s. 455.01 (4),
licensed under s. 455.04 (1) or (2) states in
6writing that the physician or psychologist believes, to the best of his or her
7professional judgment based on the facts of the case before him or her, that the minor
8is likely to commit suicide rather than file a petition under s. 48.257 or approach her
9parent, or guardian or legal custodian, if one has been appointed, or an adult family
10member of the minor, or one of the minor's foster parents, if the minor has been placed
11in a foster home and the minor's parent has signed a waiver granting the
12department, a county department, or the foster parent the authority to consent to
13medical services or treatment on behalf of the minor, for consent.
AB63,4
14Section 4
. 49.45 (30f) of the statutes is amended to read:
AB63,5,315
49.45
(30f) Psychotherapy and alcohol and other drug abuse services. The
16department shall include licensed mental health professionals, as defined in s.
17632.89 (1) (dm), and
licensed psychologists
, 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
19services. Except for services provided under sub. (30e), the department may not
20require that licensed mental health professionals or licensed psychologists be
21supervised; may not require that clinical psychotherapy or alcohol and other drug
22abuse services be provided under a certified program; and, notwithstanding subs. (9)
23and (9m), may not require that a physician or other health care provider first
24prescribe psychotherapy or alcohol and other drug abuse services to be provided by
25a licensed mental health professional or licensed psychologist before the professional
1or psychologist may provide the services to the recipient. This subsection does not
2affect the department's powers under ch. 50 or 51 to establish requirements for
3facilities that are licensed, certified, or operated by the department.
AB63,5
4Section 5
. 50.06 (4) of the statutes is amended to read:
AB63,5,155
50.06
(4) A determination that an individual is incapacitated for purposes of
6sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician
7and one
licensed psychologist
, as defined in s. 455.01 (4) licensed under s. 455.04 (1)
8or (2), who personally examine the individual and sign a statement specifying that
9the individual is incapacitated. Mere old age, eccentricity
, or physical disability,
10either singly or together, are insufficient to make a finding that an individual is
11incapacitated. Neither of the individuals who make a finding that an individual is
12incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have
13knowledge that he or she is entitled to or has a claim on any portion of the individual's
14estate. A copy of the statement shall be included in the individual's records in the
15facility to which he or she is admitted.
AB63,6
16Section 6
. 51.30 (1) (b) of the statutes is amended to read:
AB63,6,217
51.30
(1) (b) “Treatment records" include the registration and all other records
18that are created in the course of providing services to individuals for mental illness,
19developmental disabilities, alcoholism, or drug dependence and that are maintained
20by the department; by county departments under s. 51.42 or 51.437 and their staffs;
21by treatment facilities; or by psychologists licensed under s. 455.04 (1)
or (2) or
22licensed mental health professionals who are not affiliated with a county department
23or treatment facility. Treatment records do not include notes or records maintained
24for personal use by an individual providing treatment services for the department,
1a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or
2records are not available to others.
AB63,7
3Section 7
. 54.01 (27) of the statutes is amended to read:
AB63,6,54
54.01
(27) “Psychologist" means a
licensed psychologist
, as defined in s. 455.01
5(4) licensed under s. 455.04 (1) or (2).
AB63,8
6Section 8
. 155.01 (1g) (a) of the statutes is amended to read:
AB63,6,87
155.01
(1g) (a) A
licensed psychologist
, as defined in s. 455.01 (4) licensed
8under s. 455.04 (1) or (2).
AB63,9
9Section 9
. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB63,6,1310
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
11444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e),
455.06 (1) (b), 463.10,
12463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
13follows:
AB63,10
14Section 10
. 440.88 (3m) of the statutes is amended to read:
AB63,6,2115
440.88
(3m) Exception. This section does not apply to a physician, as defined
16in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a
licensed 17psychologist
, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), a marriage
18and family therapist, as defined in s. 457.01 (3), or a professional counselor, as
19defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or
20provides substance abuse counseling, treatment, or prevention services within the
21scope of his or her licensure.
AB63,11
22Section 11
. 455.01 (3m) of the statutes is amended to read:
AB63,7,223
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.
AB63,12
3Section 12
. 455.01 (4) of the statutes is repealed.
AB63,13
4Section 13
. 455.01 (5) of the statutes is repealed and recreated to read:
AB63,7,85
455.01
(5) (a) “Practice of psychology" means the observation, description,
6evaluation, interpretation, prediction, or modification of human behavior by the
7application of psychological principles, methods, or procedures for any of the
8following purposes, in exchange for a fee:
AB63,7,119
1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic,
10maladaptive, or undesired behavior and promoting adaptive health maintaining
11behavior or psychological functioning.
AB63,7,1212
2. Assisting in legal decision-making.
AB63,7,1413
(b) “Practice of psychology" includes all of the following if done in exchange for
14a fee:
AB63,7,1715
1. Psychological testing and the evaluation or assessment of a person's
16characteristics, including intelligence; personality; cognitive, physical, or emotional
17abilities; skills; interests; aptitudes; or neuropsychological functioning.
AB63,7,1918
2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis,
19biofeedback, behavior therapy, and applied behavior analysis.
AB63,7,2220
3. The diagnosis, treatment, or management of mental and emotional disorders
21or disabilities, substance use disorders, disorders of habit or conduct, and the
22psychological aspects of physical illnesses, accidents, injuries, or disabilities.
AB63,7,2323
4. Psychoeducational evaluation, therapy, or remediation.
AB63,8,3
15. Consultation with other psychologists, physicians, or other health care
2professionals and with a patient regarding all available treatment options with
3respect to the provision of care for a specific patient or client.
AB63,8,44
6. The supervision of anything specified in subds. 1. to 5.
AB63,14
5Section 14
. 455.01 (6) of the statutes is repealed and recreated to read:
AB63,8,116
455.01
(6) “Psychotherapy" means the diagnosis and treatment of mental,
7emotional, or behavioral disorders, conditions, or addictions through the application
8of methods derived from established psychological or systemic principles, including
9for the purpose of assisting individuals with modifying their behaviors, cognitions,
10emotions, or personality characteristics, or for the purpose of understanding
11unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.
AB63,15
12Section 15
. 455.01 (7) of the statutes is repealed.
AB63,16
13Section 16
. 455.02 (1m) (title) of the statutes is amended to read:
AB63,8,1414
455.02
(1m) (title)
License required
to practice.
AB63,17
15Section 17
. 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and
16amended to read:
AB63,8,2017
455.02
(1m) (a) Except as provided in
s. sub. (2m) and ss. 257.03
and 455.03,
18no person may engage in the practice of psychology
or the private practice of school
19psychology, or attempt to do so or make a representation as authorized to do so,
20without a license issued by the examining board.
AB63,18
21Section 18
. 455.02 (2m) (d) of the statutes is amended to read:
AB63,9,1522
455.02
(2m) (d) A person employed in a position as a psychologist or
23psychological assistant by
an a regionally accredited
college, junior college or
24university or other academic or research higher educational institution, if the person
25is performing activities that are a part of the duties for which he or she is employed,
1is performing those activities solely within the confines of or under the jurisdictions
2of the institution in which he or she is employed
, and does not render or offer to
3render psychological services to the public for a fee over and above the salary that
4he or she receives for the performance of the official duties with the institution with
5which 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.”
AB63,19
16Section 19
. 455.02 (2m) (f) of the statutes is repealed and recreated to read:
AB63,9,2417
455.02
(2m) (f) A person providing psychological services as part of a
18psychology training program, if his or her activities and services constitute a part of
19the supervised course of study and are performed under the supervision of a
20psychologist licensed under this chapter and the person does not provide or offer to
21provide psychological services to the public for a fee over and above the salary that
22he or she may receive for the performance of the official duties with the employing
23agency or organization. A person providing services under this paragraph may use
24the title “psychology student,” “psychology intern,” or “psychology resident.”
AB63,20
25Section 20
. 455.02 (2m) (h) of the statutes is repealed.
AB63,21
1Section
21. 455.02 (2m) (k) of the statutes is repealed and recreated to read:
AB63,10,42
455.02
(2m) (k) A person whose activities are limited to educational or
3vocational counseling or testing that is performed in a human resources, personnel,
4or educational setting.
AB63,22
5Section 22
. 455.02 (2m) (m) of the statutes is amended to read:
AB63,10,136
455.02
(2m) (m) A person providing psychological services as an employee of
7a federal
, state or local governmental agency, if the person is providing the
8psychological services as a part of the duties for which he or she is employed, is
9providing the psychological services solely within the confines of or under the
10jurisdiction of the agency by which he or she is employed
, and does not provide or offer
11to provide psychological services to the public for a fee over and above the salary that
12he or she receives for the performance of the official duties with the agency by which
13he or she is employed.
AB63,23
14Section 23
. 455.02 (2m) (o) to (s) of the statutes are created to read:
AB63,11,315
455.02
(2m) (o) A person providing psychological services as an employee of a
16state or local governmental agency, if the person is providing the psychological
17services as a part of the duties for which he or she is employed, is providing the
18psychological services solely within the confines of or under the jurisdiction of the
19agency by which he or she is employed, does not provide or offer to provide
20psychological services to the public for a fee over and above the salary that he or she
21receives for the performance of the official duties with the agency by which he or she
22is employed, and has received a master's degree in psychology from a regionally
23accredited higher educational institution or has fulfilled requirements
24commensurate with a master's degree, as determined by the examining board. The
25examining board may promulgate rules to further establish requirements for
1exemptions under this paragraph for persons who do not hold a master's degree in
2psychology. A person providing services under this paragraph may use the title
3“psychological associate.”
AB63,11,84
(p) A person providing psychological services under the supervision of a
5psychologist licensed under this chapter as part of a formal psychology fellowship
6program that meets the program standards of an organization as determined by the
7examining board. A person providing services under this paragraph may use the
8title “psychology fellow.”
AB63,11,109
(q) A person whose activities are limited to testifying in a court in this state
10regarding services rendered in another state.
AB63,11,1411
(r) A person engaging in the private practice of school psychology who holds a
12valid private practice school psychologist license issued under s. 455.04 (4), 2019
13stats. A person acting under this paragraph may use the title “private practice school
14psychologist.”