CR 19-117 Rule Text

Plain language analysis:

The proposed revisions remove the authority for random audits of continuing education, in compliance with s. 440.035, Stats. Additionally, the rule provides the procedure for late renewal and reinstatement for those licensees who are renewing an expired license, in compliance with s. 440.08 (3) (b), Stats.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Comparison with rules in adjacent states:

Illinois:

The Illinois Department of Financial and Professional Regulation licenses clinical psychologists, prescribing psychologists, prescribing psychologists controlled substance, and prescribing psychologists clinical rotation program. Random audits of continuing education are performed. Additionally, Illinois offers “restoration” of an inactive license requiring verification of active practice is another jurisdiction, one year in an approved education program, six months in a supervised experience, or passing the examination.

Iowa:

The Iowa Board of Psychology is in the Bureau of Professional Licensure in the Department of Public Health. Random audits of continuing education are performed each renewal cycle. Additionally, Iowa offers “reactivation” of an inactive license, requiring an application, fee, verification of competence through a current license in another jurisdiction, and evidence of having completed 40 hours of continuing education, or, if the license has been inactive for more than five years, evidence of having completed 80 hours of continuing education.

Michigan:

The Michigan Board of Psychology is in the Department of Licensing and Regulatory Affairs. Continuing education is required for renewal starting in September 2019, and the department may audit licensees. Additionally, Michigan offers “relicensure.” If a license expired less than three years ago, the licensee is required to complete 30 hours of continuing education. If it has been more than three years, complete 30 hours of continuing education and provide evidence of a current license in another jurisdiction or, if no current license, complete the examination.

Minnesota:

The Minnesota Board of Psychology is a stand-alone agency. Random audits of continuing education are performed each month. Additionally, the Board offers “relicensure” after a voluntary or board termination if the licensee has not practiced without a license and complied with the requirements for examination and licensure in effect at the time of application for relicensure.

Summary of factual data and analytical methodologies:

The Board reviewed the current code and made revisions to reflect current statutory language and professional practice.

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

This rule was posted on website for economic comments and none were received. This rule does not have an impact on small businesses.

Fiscal Estimate and Economic Impact Analysis: 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, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before the hearing to be held on October 2, 2019 to be included in the record of rule-making proceedings.

------------------------------------------------------------------------------------------------------------

TEXT OF RULE

Section 1. Psy 4.017 is created to read:

Psy 4.017 Late Renewal and Reinstatement. (1) General. A person renewing an expired license may not reapply for a license using the initial application process.

(2) Renewal within 5 years. A person renewing the license within 5 years shall do all of the following:

  (a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and any applicable late renewal fee.

  (b) Certify the completion of 30 hours of continuing education during the last biennium.

(3) Renewal after 5 years. This subsection does not apply to license holders who have unmet disciplinary requirements. A person renewing the license after 5 years shall do all of the following:

  (a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and the renewal late fee.

  (b) Evidence of one of the following:

    1. An active credential in good standing in another state.

    2. Completion of 80 hours of approved continuing education, including 12 hours of ethics, risk management, or jurisprudence, within the preceding 2 years.  

(4) Reinstatement. A person who has unmet disciplinary requirements and failed to renew the license within 5 years or whose license has been surrendered or revoked may apply to have the license reinstated in accordance with all of the following:

  (a) Evidence of completion of the requirements in sub. (3) if the license has not been active within 5 years.

  (b) Evidence of completion of the disciplinary requirements, if applicable.

  (c) Evidence of rehabilitation or change in circumstances warranting reinstatement.

 

Section 2. Psy 4.05 (2) is amended to read:

Psy 4.05 (2) The board may conduct a random audit of licensees on a biennial basis for compliance with continuing education requirements. The board may conduct an audit on any licensee who has come under investigation by the board for alleged misconduct a complaint made against the licensee.

Section 3. Psy 4.06 is repealed.

Section 4. 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.

------------------------------------------------------------------------------------------------------------

(END OF TEXT OF RULE)

------------------------------------------------------------------------------------------------------------