EmR2127 Rule Text

Section 15.08 (5) (b), Stats. provides “[e]ach examining board…Shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.”

Section 227.11 (2) (a), Stats. provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.”

Section 455.06 (1) (b), Stats. provides “the examining board may promulgate rules specifying circumstances in which the examining board, in cases of hardship, may allow an individual to renew a license issued under s. 455.04 (2).”

Related statute or rule:

None

Plain language analysis:

The Psychology Examining Board is updating the rules governing the practice of psychology based upon passage of 2021 Wisconsin Act 22. Act 22 creates requirements for a new interim psychologist license; modifies the conditions for the supervised psychological experience requirement; and clarifies the terms of temporary practice for out of state providers. This revision also includes a comprehensive review that updates and creates several definitions within chapter Psy 1 in order to comply with current standards of practice; and implements the reciprocal credential requirements for service members, former service members, and their spouses in accordance to 2019 Wisconsin Act 143.

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 and prescribing psychologists. In order to be licensed as a clinical psychologist, an applicant has to be a graduate of a doctoral program in clinical, school or counseling psychology accredited by the American Psychological Association or approved by the National Register of Health Service Psychologists; or be a graduate of a doctoral program whose content is found equivalent by the board. Additionally, applicants have to complete two years of supervised clinical, school or counseling psychology experience, which has to be divided between one year of no less than 1,750 hours in an internship, and one year of postdoctoral supervision. [225 ILCS 15/10]

Illinois does not have interim or training psychologist licenses.

Iowa:

The Iowa Board of Psychology is in the Bureau of Professional Licensure in the Department of Public Health. Iowa licenses permanent, provisional, and health service provider psychologists. The requirements for permanent psychologist include evidence of graduation from a doctorate level psychology program or its equivalent and a minimum of 1,500 hours of supervised professional experience in no less than ten months. [645 IAC 240.3] [645 IAC 240.6]

The requirements for provisional psychologist licensure include evidence of graduation from a doctorate level psychology program and a supervised plan signed by the potential supervisor. This license is effective for two years and may be renewed one time for an additional two years. [645 IAC 240.12]

Michigan:

The Michigan Board of Psychology is in the Department of Licensing and Regulatory Affairs. Michigan licenses master’s limited permanent and temporary psychologists; doctoral educational limited permanent and temporary psychologists; and psychologists. In order to obtain a psychologist license, an applicant needs to have been granted a doctoral degree in psychology or its equivalent and have no less than one year of postdoctoral experience in the practice of psychology. The Board may grant a temporary license for the purpose of completing the one year of supervised experience. These temporary licenses are only valid for 24 months and can only be renewed once for an additional 24 months. [MCL 333.18223]

Minnesota:

The Minnesota Board of Psychology licenses Master and Doctoral level psychologists. In order to become a doctoral level psychologist, applicants must earn a doctoral degree in psychology and complete at least one full year or the equivalent in part time of postdoctoral supervised psychological experience in no less than 12 months and no more than 60 months. [MN Stats. 148.907 Subd. 2]

Minnesota has a guest licensure option for applicants who are licensed in another state and would like to start practicing while their permanent license is in process. In order to obtain this license, an applicant must have an unencumbered license to practice psychology in another state, hold a doctoral degree, and pass a professional responsibility examination designated by the board. This license is valid for one year or until the board either issues or denies the permanent license. Guest licenses can be renewed annually until the board has made a determination about the applicant’s permanent licensure. [MN Stats. 148.916]

Summary of factual data and analytical methodologies:

The proposed rules were developed by reviewing the provisions of Psy 1, 2, and 4, as changed by 2021 Wisconsin Act 22. The provisions of Act 22 were reviewed in conjunction with current rules relating to psychological practice and 2019 Wisconsin Act 143. The Board provided input and feedback to determine any changes or updates needed in addition to those enacted by Act 22 and 143.

Fiscal Estimate:

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:

Sofia Anderson, 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 Sofia Anderson, 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 submitted by the date and time at which the public hearing on these emergency rules is conducted. Information as to the place, date, and time of the public hearing will be published on the Legislature’s website and in the Wisconsin Administrative Register.

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TEXT OF RULE

SECTION 1. Psy 1.02 (2) (Note) is amended to read:

Psy 1.02 (2) (Note): The board office is located at 1400 East Washington Avenue 4822 Madison Yards Way, Madison, WI 53705, P.O. Box 8935 8366, Madison, WI 53708, telephone [phone], [e-mail].

SECTION 2. Psy 1.02 (6g) is created to read:

Psy 1.02 (6g) “Interim psychologist” means a person licensed under s. 455.04 (2), Stats.

SECTION 3. Psy 1.02 (6m) is amended to read:

Psy 1.02 (6m) “Jurisprudence exam" means the board approved examination on the elements of practice essential to the public health, safety, or welfare. state law related to the practice of psychology.

SECTION 4. Psy 1.02 (9m) is created to read:

Psy 1.02 (9m) “Psychologist” means a person licensed under s. 455.04 (1) or (2), Stats.

SECTION 5. Psy 1.02 (11) and (12) are created to read:

Psy 1.02 (11) “Practice of psychology” has the meaning under s. 445.01 (5), Stats.

(12) “Psychotherapy” has the meaning under s. 455.01 (6), Stats.

SECTION 6. Psy 2.01 (3) (a) and (b) are amended to read:

Psy 2.01 (3) (a) Official transcript indicating a doctoral degree in psychology from a college or university accredited by a regional accrediting agency approved by the state board of education in the state in which the college or university is located. program accredited by an organization approved by the examining board.

(b) Academic training or specialized experience which in the opinion of the board is that the examining board determines to be substantially equivalent to a doctoral degree in psychology on the basis of standards established in s. Psy 2.09.

SECTION 7. Psy 2.01 (4) is amended to read:

Psy 2.01 (4) Documentation of at least one year experience in completion of psychological work meeting the requirements in s. Psy 2.10.