CR 17-078 Rule Text

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 [e-mail], or by calling [phone].

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 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. Psy 5.01 (2) is amended to read:

Psy 5.01 (2) Gross negligence in the practice of psychology or private practice of school psychology.

Section 2. Psy 5.01 (2m) is created to read:

Psy 5.01 (2m) Engaging in conduct that falls below the standard of minimal competence within the practice of psychology or school psychology.

Section 3. Psy 5.01 (5) is amended to read:

Psy 5.01 (5) Conviction of a crime or violation of any law the circumstances of which substantially relate to the circumstances of the professional practice of psychology or private practice of school psychology.

Section 4. Psy 5.01 (8) is amended to read:

Psy 5.01 (8) Engaging in false, fraudulent, exploitative, misleading or deceptive billing practices.

Section 5. Psy 5.01 (12m) is created to read:

Psy 5.01 (12m) Failing to have security protocols for access to facts, data, information, records or communication received from a client in a professional capacity.

Section 6. Psy 5.01 (17) is repealed and recreated to read:

Psy 5.01(17) Engaging in any prohibited dual relationship or any relationship which is reasonably likely to impair the licensee’s objectivity in providing professional services.

Section 7. Psy 5.01 (18) is repealed.

Section 8. Psy 5.01 (24) is amended to read:

Psy 5.01 (24) Failure to respond honestly and in a timely manner to a request for information from the board or with any other request for information by the board. Taking longer than 30 days to respond creates a rebuttable presumption that the response is not timely.

Section 9. Psy 5.01 (25) is amended to read:

Psy 5.01 (25) Impersonation Appropriation of the identity of another person holding a license issued by this or another board.

Section 10. Psy 5.01 (28) is amended to read:

Psy 5.01 (28) Violation of ch. 455, Stats., or any rule of professional conduct promulgated under ch. 455, Stats. promulgated by the board.

Section 11. Psy 5.01 (29) is amended to read:

Psy 5.01 (29) Failure to notify the board within 30 days of having a license, certificate, permit or registration any disciplinary or adverse action taken by any other jurisdiction against a license, certificate, permit or registration granted by this or any other state for the practice of psychology or school psychology limited, restricted, suspended or revoked, or having been subject to other disciplinary action by the licensing or certifying authority thereof.

Section 12. Psy 5.01 (30) (c) is amended to read:

Psy 5.01 (30) (c) Failure to avoid a any prohibited dual relationship or any relationship which is reasonably likely to impair the licensee’s objectivity in providing professional services.

Section 13. Psy 5.01 (32) is repeal and recreated to read:

Psy 5.01 (32) Having a credential granted by another jurisdiction to practice psychology or school psychology denied, limited, suspended, surrendered or revoked, or otherwise disciplined or adverse action taken, whether or not accompanied by findings of negligence or unprofessional conduct.

Section 14. Psy 5.01 (33) (intro) is renumbered Psy 5.01 (33) and amended to read:

Psy 5.01 (33) Failure to maintain adequate records relating to services provided to a client in the course of a professional relationship. Each patient record entry shall be dated, shall identify the treating therapist psychologist, and shall be sufficiently legible to be understood and to allow interventions by other professionals. Unless records are subject to a different records retention policy by an entity with an obligation to maintain treatment records, a licensee shall retain treatment records for at least 7 years. Such records shall contain all of the following:

Section 15. Psy 5.01 (33) (a) through (e) are repealed.

Section 16. Psy 5.01 (34) is amended to read:

Psy 5.01 (34) Violating any provision of ch. 455, Stats., or any rule or an order of any board or jurisdiction that regulates the practice of psychology or school psychology.

Section 17. Psy 5.02 is repealed.

Section 18. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats.

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