Statutes interpreted: ch. 455, Stats.
In this proposed rule-making order the Psychology Examining Board makes minor revisions to existing rules to remove inconsistencies and correct oversights, as follows:
Section 1.– include students in the definition of clients in a teaching setting.
Section 2. – eliminate a confusing reference to the requirements for licensure by comity.
Section 3. – clarify the examination that can be challenged.   Section 4. – repeal a Note.
Section 5. – emphasize the training aspect of supervised experience; remove the requirement that pre-doctoral training be appropriate to the intended area of practice; repeal requirements for post-graduate supervised experience; add a requirement that post-doctoral training be appropriate to the intended area of practice; prevent one person from supervising both pre- and post-doctoral experience; eliminate an obsolete reference to “license-eligible" psychologists; add the ability of a supervisor to intervene; correct a grammar inconsistency; provide a more appropriate location for an explanatory note; and define additional supervisory responsibilities.
Section 6. – eliminate a confusing reference to the requirements for licensure by comity; add a requirement that applicants for licensure by reciprocity must satisfy a continuing education requirement; add a requirement that applicants who hold a certificate of professional qualification (CPQ) must satisfy a continuing education requirement; and add a requirement that applicants who are senior psychologists must satisfy a continuing education requirement.
Section 7. – correct a grammar inconsistency and provide a more appropriate location for an explanatory note.
Section 8. – eliminate a confusing reference to the requirements for licensure by comity; add a requirement that applicants for licensure by reciprocity must satisfy a continuing education requirement; add a requirement that applicants who hold a certificate of professional qualification (CPQ) must satisfy a continuing education requirement; and add a requirement that applicants who are senior psychologists must satisfy a continuing education requirement.
Section 9. – eliminate a meaningless word.
Section 10. – change the word “grade" to “score."
Section 11. – clarify the examination that can be challenged.
Section 12. – clarify that certificates of attendance for continuing education are required only upon request. to clarify that continuing education programs must be relevant. to restrict certain types of continuing education courses.
Section 13. – grant continuing education credit for teaching and for publications.
Section 14. – clarify that certificates of attendance for continuing education are required only on request. to eliminate an obsolete reference to self-developed programs and to add a limit on continuing education credit for publications.
Section 15. – impose a continuing education requirement upon reinstatement and to remove an unnecessary phrase.
Section 16. – replace the word “patient" with “client."
Section 17. – acknowledge an additional legal limit on confidentiality.
Section 18. – require licensees to cooperate with the board. to clarify actions to be taken upon termination of practice.
Section 19. – add a recordkeeping requirement.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Regulation and Licensing
[CR 02-125]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.03 (14) (am), Stats., as created by 2001 Wisconsin Act 80, and s. 440.03 (14) (d), Stats., as amended by 2001 Wisconsin Act 80, and interpreting s. 440.03 (14) (am) and (d), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to revise chs. RL 140 to 142, relating to music, art and dance therapists who practice psychotherapy.
Hearing Date, Time and Location
Date:   November 12, 2002
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 180
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 29, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: s. 227.11 (2), Stats., and s. 440.03 (14) (am), Stats., as created by 2001 Wisconsin Act 80 and s. 440.03 (14) (d), Stats., as amended by 2001 Wisconsin Act 80.
Statute interpreted: Section 440.03 (14) (am) and (d), Stats.
This proposed rule-making order implements the statutory changes made as a result of 2001 Wisconsin Act 80, relating to the Department of Regulation and Licensing. The rule changes are as follows:
s. 1: changes a chapter title.
s. 2: adds a reference to a new authorizing statute and the new statutory requirement for licensure of practitioners of psychotherapy.
s. 3: creates a definition of "license to practice psychotherapy".
s. 4: creates a reference to a definition of "psychotherapy".
s. 5: changes the wording of the section requiring information from applicants regarding arrests and convictions.
s. 6: makes minor wording changes and clarifies that a registered music, art or dance therapist who obtains a license to practice psychotherapy need pay only one fee.
s. 7: creates application requirements for a license to practice psychotherapy.
s. 8: creates the procedure for renewal of a license to practice psychotherapy.
s. 9: creates the procedure to issuance of a license to practice psychotherapy by reciprocity.
s. 10: creates grandfathering provisions.
s. 11: makes a minor wording change and removes an unnecessary phrase.
s. 12: makes minor wording changes.
s. 13: adds a new basis for unprofessional conduct, i.e. practicing without a license.
s. 14: creates a requirement to report any loss of national accreditation.
s. 15: creates a requirement to carry professional liability insurance.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Wis. Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
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