Psychology Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
PSYCHOLOGY EXAMINING BOARD
ORDER OF THE PSYCHOLOGY EXAMINING BOARD
ADOPTING RULES
CLEARINGHOUSE RULE 13-103
ORDER
An order of the Psychology Examining Board to repeal Psy 4.02; renumber Psy 4.03(intro) and Psy 4.03(2); renumber and amend Psy 4.03(1); amend Chapter Psy 4 (title); repeal Psy 4.02; and create Psy 4.015, 4.025, 4.035, 4.04, and 4.05 relating to psychology continuing education. Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
The examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession.
Specifically, the board shall promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license, the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses, and the criteria for the approval of continuing education programs and courses required for the exemptions from the examination requirements under s. 455.04 (1) (e) and (4) (f). Related statute or rule: N/A
Plain language analysis:
The rule reorganizes and clarifies the continuing education requirements for psychologists.
Section 1 inserts the words “continuing education” into the title in order to provide an easy reference for licensees.
Section 2 creates a definition section.
Section 3 repeals the current continuing education requirements in order to reorganize and create clarity.
Section 4 This section is created to include the general continuing education requirements.
Sections 5, 6 and 7 moves the current Psy 4.03 section to the end of the chapter. In addition, the section is amended to specify the number of continuing education hours which must be completed to renew a license which expired less than five years before the application for renewal.
Section 8 creates three new sections. The first section specifies approved continuing education. A psychologist may obtain continuing education as follows: completing courses from an organization approved by the American Psychological Association, National Association of School Psychologists or Canadian Psychological Association, courses sponsored by Wisconsin Psychological Association or Wisconsin School Psychologists Association, category I courses approved by the American Medical Association or the American Osteopathic Association, or courses approved in another state in which the licensee holder also holds a license or graduate level courses from an accredited college or university; teaching and presenting programs or courses; serving on a professional board or committee; authorship of a book, book chapter or article in peer reviewed journal; completing board certification; completing a master’s or doctoral degree in psychopharmacology; providing supervision to trainees; and evaluation of community outpatient mental health programs. The second section provides postponement, waiver and exemptions to the continuing education requirements based upon hardship or retirement. The third section specifies records of continuing education must be kept for a minimum period of six years. In addition, the third section revises the current requirement for a mandatory audit of compliance with the continuing education requirements to instead allow a general audit to be conducted in the board’s discretion.
Section 9 states an effective date of October 1, 2015 which is the start of the next biennium.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois: Illinois requires each biennial 24 hours of continuing education and of those 24 hours at least 3 hours must be related to the ethics. Continuing education may be earned by participating in a course or program by an approved continuing education sponsor; completing postgraduate training programs; and for teaching in the field of psychology in an accredited college, university, graduate school or as an instructor of a program by approved sponsors. Postgraduate course and teaching courses have maximums as to the number to be counted towards the required 24 hours. Continuing education records are to be maintained for the previous 8 years. Illinois has provisions for waivers of continuing education for hardship.
Iowa: Iowa requires 40 hours of continuing education each biennium. For the second renewal period, licensees’ continuing education must include 6 hours in either Iowa mental health laws and regulations or risk management. For all subsequent renewals, licensees’ continuing education must include 6 hours in any of the following: ethics, federal mental health laws, Iowa mental health laws or risk management. Board members may obtain continuing education hours based upon attendance and participation at board meetings. Continuing education may be earned as follows: mandatory reporter training; programs sponsored by the American Psychological Association or Iowa Psychological Association; approved workshops, conferences or symposiums; academic coursework; home study or electronically transmitted courses; scholarly research published in recognized professional publication; and preparing and teaching courses or programs. Iowa does not have provisions on hardship waivers.
Michigan: Michigan does not require continuing education for psychologists.
Minnesota: Minnesota requires 40 hours of continuing education each biennium. Continuing education may be earned as follows: developing and teaching an academic course; attending courses or presentations based on scientific, practice or professional standards foundations; graduate level courses in psychology; developing presentation, or taped or computerized materials based on scientific, practice or professional standards foundations; and authoring, editing or reviewing a psychological publication. Continuing education records must be maintained for 8 years after the renewal date. Variances may be granted for completion of continuing education outside the biennium. The board randomly audits a percentage of renewing licensees each month for compliance with continuing education.
Summary of factual data and analytical methodologies:
The Board considered the Association of State and Provincial Psychology Board’s recommendations for continuing education and the continuing education requirements of other states. In addition, the Board reviewed recent the audit results to determine what issues required clarification for the credential holders.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule was posted for 14 days for economic comments and none were received. The Board determines that the modification of existing rules to clarify continuing education requirements, which does not increase the requirement, does not create an effect on small business nor have an economic impact.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. Chapter Psy 4 (title) is amended to read:
