The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB389-ASA2,1,1210
455.01
(3m) "Fee" means direct or indirect payment or compensation,
11monetary or otherwise, including the expectation of payment or compensation
12whether or not actually received.
AB389-ASA2, s. 2
13Section
2. 455.01 (5) of the statutes is renumbered 455.01 (5) (intro.) and
14amended to read:
AB389-ASA2,2,10
1455.01
(5) (intro.) "Practice of psychology" means rendering to any person
for
2a fee a psychological service involving the application of principles, methods and
3procedures of understanding, predicting and influencing behavior, such as the
4principles pertaining to learning, perception, motivation, thinking, emotions and
5interpersonal relationships; the methods and procedures of interviewing
and, 6counseling
in, psychotherapy
, psychoanalysis and biofeedback; and the methods and
7procedures of constructing, administering and interpreting tests of mental abilities,
8aptitudes, interests, attitudes, personality characteristics, emotion and motivation.
9The application of
said these principles and methods includes, but is not restricted
10to
: psychological diagnoses, all of the following:
AB389-ASA2,2,16
11(a) Diagnosis, prevention
, and
amelioration treatment of
adjustment problems
12in behavioral,
vocational, educational, emotional
, sexual, neuropsychological and
13mental disorders
; hypnosis; educational and vocational counseling; personnel
14selection and management; the evaluation and planning for effective work in
15learning situations; advertising and market research; and the resolution of
16interpersonal and social conflicts.
AB389-ASA2, s. 3
17Section
3. 455.01 (5) (b) and (c) of the statutes are created to read:
AB389-ASA2,2,2018
455.01
(5) (b) Treatment for alcohol and other substance abuse, disorders of
19habit and conduct, and the psychological and behavioral aspects of physical illness,
20accident or other disabilities.
AB389-ASA2,2,2221
(c) Any other activity authorized by statute or by rules promulgated by the
22examining board.
AB389-ASA2, s. 4
23Section
4. 455.01 (7) (a) of the statutes is amended to read:
AB389-ASA2,3,424
455.01
(7) (a) A person makes a representation to be a psychologist when the
25person uses publicly any title or description of services incorporating the words
1"psychology", "psychological" or "psychologist", and when the person makes a
2declaration to be trained, experienced or an expert in the field of psychology and
3offers to engage or engages in the practice of psychology for any person for a fee
,
4monetary or otherwise.
AB389-ASA2, s. 5
5Section
5. 455.02 (title) of the statutes is repealed and recreated to read:
AB389-ASA2,3,6
6455.02 (title)
License required to practice; use of titles.
AB389-ASA2, s. 6
7Section
6. 455.02 (1) (a) of the statutes is renumbered 455.02 (3m) and
8amended to read:
AB389-ASA2,3,189
455.02
(3m) (title)
Use of titles.
This chapter does not restrict exclusively to
10licensed psychologists the rendering of services included within the practice of
11psychology, but only Only an individual licensed under s. 455.04 (1) may use the title
12"psychologist" or any similar title or state or imply that he or she is licensed to
13practice psychology, and only an individual licensed under s. 455.04 (4) may use the
14title "private practice school psychologist" or any similar title or state or imply that
15he or she is licensed to engage in the private practice of school psychology. Only an
16individual licensed under s. 455.04 (1) or (4) may represent himself or herself to the
17public by any description of services incorporating the word "psychological" or
18"psychology".
AB389-ASA2,3,2421
455.02
(1m) License required to practice. No person may engage in the
22practice of psychology or the private practice of school psychology, or attempt to do
23so or make a representation as authorized to do so, without a license issued by the
24examining board.
AB389-ASA2, s. 9
1Section
9. 455.02 (2) of the statutes is renumbered 455.02 (2m) (f) and
2amended to read:
AB389-ASA2,4,123
455.02
(2m) (f)
Nothing in this chapter restricts the activities and services of
4 a A graduate student or psychological intern in psychology pursuing a course of
5study leading to a graduate degree in psychology at an accredited college or
6university
in while working in a training program, if
such his or her activities and
7services constitute a part of
his or her the supervised course of study and
such person 8he or she is designated by
such
a title
such as "psychological intern", "psychological
9trainee" or other title clearly indicating the training status appropriate to his or her
10level of training. The term "psychological intern" shall be reserved for persons
11enrolled in the doctoral program in psychology at an accredited college or university
12or engaged in a formal psychology internship program.
AB389-ASA2, s. 10
13Section
10. 455.02 (2m) (intro.), (a), (b), (c), (e), (g), (h), (i), (k), (L), (m) and (n)
14of the statutes are created to read:
AB389-ASA2,4,1615
455.02
(2m) Exceptions. (intro.) A license under this chapter is not required
16for any of the following:
AB389-ASA2,4,1817
(a) A person lawfully practicing within the scope of a license, permit,
18registration, certificate or certification granted by this state.
AB389-ASA2,4,2119
(b) A person providing psychological services as directed, supervised and
20inspected by a psychologist who has the power to direct, decide and oversee the
21implementation of the services provided.
AB389-ASA2,4,2322
(c) The performance of official duties by personnel of any of the armed services
23or federal health services of the United States.
AB389-ASA2,5,424
(e) A person pursuing a course of study leading to a graduate degree in
25medicine, social work, marriage and family therapy or professional counseling at an
1accredited college or university while working in a training program, if the person's
2activities and services constitute a part of his or her supervised course of study and
3the person is designated by a title that clearly indicates the training status
4appropriate to the person's level of training.
AB389-ASA2,5,125
(g) A person certified by the department of public instruction to provide
6psychological or counseling services, if the person is performing activities that are
7a part of the duties for which he or she is employed, is performing those activities
8solely within the confines of or under the jurisdiction of the school district by which
9he or she is employed and does not render or offer to render psychological services
10to the public for a fee over and above the salary that he or she receives for the
11performance of the official duties with the school district by which he or she is
12employed.
AB389-ASA2,5,1613
(h) A person who has a doctoral degree in psychology and who has met the
14examining board's requirements for predoctoral supervised experience under s. Psys
152.09 (2), Wis. adm. code, while employed as a psychology resident by a clinic certified
16by the department of health and social services.
AB389-ASA2,5,2417
(i) An ordained member of the clergy of any religious denomination or sect who
18is associated with a church, synagogue or other religious organization, contributions
19to which are tax deductible for federal and state income tax purposes, if the member
20of the clergy is engaged in activities that are within the scope of his or her regular
21duties as a member of the clergy and that are not rendered to the public for a fee over
22and above the salary or other compensation that the member of the clergy receives
23for the performance of his or her official duties as a member of the clergy with the
24church, synagogue or religious organization with which he or she is associated.
AB389-ASA2,6,2
1(k) A person engaged in employment counseling or testing for other than
2therapeutic purposes.
AB389-ASA2,6,93
(L) A mental health professional who has met all of the qualifications under s.
4HSS 61.96, Wis. adm. code, for employment as a mental health professional in an
5outpatient psychotherapy clinic certified by the department of health and social
6services under s. HSS 61.95, Wis. adm. code, if the person is performing activities
7that are a part of the duties for which he or she is employed by such a certified
8outpatient psychotherapy clinic and is performing those activities solely within the
9confines of or under the jurisdiction of the clinic by which he or she is employed.
AB389-ASA2,6,1610
(m) A person providing psychological services as an employe of a federal, state
11or local governmental agency, if the person is providing the psychological services as
12a part of the duties for which he or she is employed, is providing the psychological
13services solely within the confines of or under the jurisdiction of the agency by which
14he or she is employed and does not provide or offer to provide psychological services
15to the public for a fee over and above the salary that he or she receives for the
16performance of the official duties with the agency by which he or she is employed.
AB389-ASA2,6,2017
(n) A person coordinating or participating in the activities of a nonprofit peer
18support group, if the person performs those activities solely within the confines of the
19peer support group and does not render or offer to render psychological services to
20the public for a fee.
AB389-ASA2, s. 11
21Section
11. 455.02 (3) (a) (intro.) and (b) of the statutes are consolidated,
22renumbered 455.02 (2m) (d) and amended to read:
AB389-ASA2,7,1323
455.02
(2m) (d)
Nothing in this chapter restricts or prevents activities of a
24psychological nature and the use of the official title of the position for which they
25were employed on the part of the following persons A person employed in a position
1as a psychologist or psychological assistant by an accredited college, junior college
2or university or other academic or research institution, if
such persons are the person
3is performing
those activities
as
that are a part of the duties for which
they were
he
4or she is employed,
are is performing
such those activities solely
with within the
5confines of or under the jurisdictions of the
organization institution in which
they are 6he or she is employed and
do does not
render or offer to render psychological services
7to the public for a fee
, monetary or otherwise, over and above the salary
they receive 8that he or she receives for the performance of the official duties with the
organization 9institution with which
they are
he or she is employed
: (b). An individual
acting under
10par. (a) this paragraph may, without obtaining a license under s. 455.04 (1) or (4),
11disseminate research findings and scientific information to others, such as
12accredited academic institutions or governmental agencies, or may offer lecture
13services for a fee.
AB389-ASA2, s. 12
14Section
12. 455.02 (3) (a) 1. and 2. of the statutes are repealed.
AB389-ASA2,7,22
17455.06 Renewals. The renewal date and renewal fee for licenses issued under
18s. 455.04 (1) and (4) are specified under s. 440.08 (2) (a). An applicant for renewal
19of a license
with a renewal date that is on or after October 1, 1993, shall include with
20his or her application proof of completion of continuing
educational education 21programs or courses approved under s. 455.065
(2)
(4) for the minimum number of
22hours required in the rules promulgated under s. 455.065 (1).
AB389-ASA2, s. 15
23Section
15. 455.065 (1), (3) and (4) of the statutes are amended to read:
AB389-ASA2,8,424
455.065
(1) Promulgate rules establishing the minimum number of hours of
25continuing education
and, the topic areas that the continuing education must cover
1, the criteria for the approval of continuing
educational education programs and
2courses required for renewal of a license
with a renewal date that is on or after
3October 1, 1993 and the criteria for the approval of the sponsors and cosponsors of
4those continuing education programs and courses.
AB389-ASA2,8,10
5(3) Promulgate rules establishing the minimum number of hours of continuing
6education
and, the topic areas that the continuing education must cover,
the criteria
7for the approval of continuing
educational education programs and courses required
8for the exemptions from the examination requirements under s. 455.04 (1) (e) and (4)
9(f)
and the criteria for the approval of the sponsors and cosponsors of those continuing
10education programs and courses.
AB389-ASA2,8,12
11(4) Approve continuing
educational
education programs and courses in
12accordance with the criteria established under
sub.
subs. (1) and (3).
AB389-ASA2,8,1615
455.09
(1) (e) Accepts
commissions or rebates a commission, rebate or other
16forms form of
remuneration fee for referring persons to other professionals.
AB389-ASA2,8,24
18455.10 Injunctive relief. Violation of s. 455.02
(1) (a) may be enjoined in an
19action brought by the attorney general on petition by the examining board. In any
20such proceeding, it shall not be necessary to show that any person is individually
21injured by the actions complained of. If the respondent is found guilty of the
22violation, the court shall enjoin the respondent from further violations thereof until
23he or she has been duly licensed. The remedy given by this section is in addition to
24criminal prosecution under s. 455.11.