CR 17-078 Rule Text

Section 12 updates the language for “a” prohibited dual relationship to “any” prohibited dual relationship.

Section 13 clarifies the unprofessional conduct provision relating to disciplinary or adverse action in another jurisdiction.

Sections 14 and 15 repeal the list of items which were required to be contained in a record.

Section 16 states it is unprofessional conduct to violate an order of any board or jurisdiction which regulates the practice of psychology or school psychology. It removes the provision relating to unprofessional conduct is the violation of rule or statute as it is addressed elsewhere in the rule and therefore it was redundant.

Section 17 repeals the actions subsequent to disciplinary proceedings as it is an undue burden to require licensees to notify all clients when any disciplinary action is taken and specific disciplinary orders may include a notification requirement where necessary.

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Illinois defines unprofessional conduct. Illinois provisions which relate to this updated rule include: failure to provide techniques or procedures used in professional activities to the board upon request; and impersonating another person holding a license.

Iowa: Iowa defines unprofessional conduct. Iowa provisions which relate to this updated rule include: failure to conform to the minimal standard of acceptable and prevailing practice; failure to respond to the board within 30 days of communication from the board; violation of any law or rule of Iowa or another state; and failure to notify the board of discipline by other jurisdictions.

Michigan: Michigan defines unprofessional conduct. Michigan provision which relates to this updated rule include: prohibiting engaging in a multiple relationship when there is a reasonable risk of harm or exploitation.

Minnesota: Minnesota defines unprofessional conduct. Minnesota provisions which relate to this updated rule include: failure to provide competent provision of services; safeguarding the private information obtained in the course of the practice of psychology; and prohibit engaging in situations involving impaired objectivity or effectiveness. Minnesota does have a list of required elements to be maintained in a psychology patient record.

Summary of factual data and analytical methodologies:

The board reviewed the rule to ensure the rules reflect current practice in the profession.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

This rule was posted for economic comments and none were received. This rule relates to unprofessional conduct.

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.