Amendment ASA1-AB420

AB420-ASA1,6,15 (3) A person practicing psychotherapy as directed, supervised and inspected by a psychologist who has the power to direct, decide and oversee the practice.

AB420-ASA1,6,17 (4) The performance of official duties by personnel of any of the armed services or federal health services of the United States.

AB420-ASA1,6,25 (5) A person employed in a position as a psychologist or psychological assistant by an accredited college, junior college or university or other academic or research institution, if the person practices psychotherapy as part of the duties for which he or she is employed, is practicing psychotherapy solely within the confines of or under the jurisdictions of the institution in which he or she is employed and does not practice psychotherapy for the public for a fee over and above the salary that he or she receives for the performance of the official duties with the institution with which he or she is employed.

AB420-ASA1,7,7 (6) A person pursuing a course of study leading to a graduate degree in medicine, social work, marriage and family therapy, professional counseling or a field of study approved under rules promulgated under s. 475.08 (1) at an accredited college or university while working in a training program, if the person's practice of psychotherapy constitutes a part of his or her supervised course of study and the person is designated by a title that clearly indicates the training status appropriate to the person's level of training.

AB420-ASA1,7,13 (7) A graduate student or psychological intern in psychology pursuing a course of study leading to a graduate degree in psychology at an accredited college or university while working in a training program, if his or her practice of psychotherapy constitutes a part of the supervised course of study and he or she is designated by a title such as "psychological intern", "psychological trainee" or other title clearly indicating the training status appropriate to his or her level of training.

AB420-ASA1,7,20 (8) A person certified by the department of public instruction to provide psychological or counseling services, if the person practices psychotherapy as part of the duties for which he or she is employed, is practicing psychotherapy solely within the confines of or under the jurisdiction of the school district by which he or she is employed and does not practice psychotherapy for the public for a fee over and above the salary that he or she receives for the performance of the official duties with the school district by which he or she is employed.

AB420-ASA1,7,24 (9) A person who has a doctoral degree in psychology and who has met the requirements for predoctoral supervised experience specified in rules promulgated by the psychology examining board while employed as a psychology resident by a clinic certified by the department of health and family services.

AB420-ASA1,8,9 (10) An ordained member of the clergy of any religious denomination or sect who is associated with a church, synagogue or other religious organization, contributions to which are tax deductible for federal and state income tax purposes, if the member of the clergy practices psychotherapy within the scope of his or her regular duties as a member of the clergy and the member of the clergy does not practice psychotherapy for the public for a fee over and above the salary or other compensation that the member of the clergy receives for the performance of his or her official duties as a member of the clergy with the church, synagogue or religious organization with which he or she is associated.

AB420-ASA1,8,11 (11) A person engaged in employment counseling or testing for other than therapeutic purposes.

AB420-ASA1,8,18 (12) A mental health professional who has met all of the qualifications for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health and family services under rules promulgated by the department, if the person practices psychotherapy as part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and the practice is solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.

AB420-ASA1,8,25 (13) A person practicing psychotherapy as an employe of a federal, state or local governmental agency, if the person is practicing psychotherapy as a part of the duties for which he or she is employed, is practicing psychotherapy solely within the confines of or under the jurisdiction of the agency by which he or she is employed and does not practice psychotherapy for the public for a fee over and above the salary that he or she receives for the performance of the official duties with the agency by which he or she is employed.

AB420-ASA1,9,3 (14) A person coordinating or participating in the activities of a nonprofit peer support group, if the person practices psychotherapy solely within the confines of the peer support group and does practice psychotherapy for the public for a fee.

AB420-ASA1,9,5 475.04 Licensure. (1) The examining board may not grant a license to practice psychotherapy to a person unless the person does all of the following:

AB420-ASA1,9,7 (a) Submits an application for the license to the department on a form provided by the department.

AB420-ASA1,9,8 (b) Pays the fee specified in s. 440.05 (1).

AB420-ASA1,9,11 (c) Submits evidence satisfactory to the examining board that he or she has completed 3,000 hours of psychotherapy practice within a 2-year period under the supervision of a person who satisfies any of the following:

AB420-ASA1,9,12 1. The person is licensed under this chapter and satisfies one of the following:

AB420-ASA1,9,14 a. The person has a master's degree in the same field of study as the applicant and the person has at least 5 years of clinical experience in that field of study.

AB420-ASA1,9,15 b. The person has a doctorate degree in the same field of study as the applicant.

AB420-ASA1,9,17 2. The person is a physician licensed under subch. II of ch. 448 who specializes in psychiatry or is a psychologist.

AB420-ASA1,9,18 (d) Passes an examination under s. 475.05.

AB420-ASA1,9,21 (2) The examining board shall grant a license to practice psychotherapy as a clinical social worker to a person who satisfies the requirements under sub. (1) and who satisfies one of the following:

AB420-ASA1,9,23 (a) The person is certified as an independent clinical social worker under ch. 457.

AB420-ASA1,9,25 (b) The person submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,10,5 1. That the person has received a master's degree in social work from a program accredited by, or a preaccreditation program of, the Council on Social Work Education or a doctorate degree in social work and, as part of the master's or doctorate degree program, had a clinical social work concentration and completed supervised clinical field training.

AB420-ASA1,10,8 2. That after receiving a master's or doctorate degree in social work the person has engaged in the equivalent of at least 2 years of full-time supervised clinical social work practice approved by the examining board.

AB420-ASA1,10,12 3. That the person has passed an examination approved by the examining board to determine minimum competence to practice as an independent clinical social worker as specified in the rules promulgated under s. 457.03 (2) or has passed an advanced clinical social work examination approved by the examining board.

AB420-ASA1,10,15 (3) The examining board shall grant a license to practice psychotherapy as a clinical marriage and family therapist to a person who satisfies the requirements under sub. (1) and who satisfies one of the following:

AB420-ASA1,10,16 (a) The person is certified as a marriage and family therapist under ch. 457.

AB420-ASA1,10,18 (b) The person submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,10,19 1. That the person has received one of the following:

AB420-ASA1,10,22 a. A master's or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

AB420-ASA1,11,2 b. A master's or doctorate degree in marriage and family therapy, psychology, sociology, social work, professional counseling or other mental health field that included course work that the examining board determines is substantially equivalent to the course work required for a master's or doctorate degree in marriage and family therapy described under subd. 1. a.

AB420-ASA1,11,5 2. That after receiving a master's or doctorate degree required under subd. 1., the person has engaged in the equivalent of at least 2 years of full-time supervised clinical marriage and family therapy practice approved by the examining board.

AB420-ASA1,11,7 3. That the person has passed an examination approved by the examining board to determine minimum competence to practice marriage and family therapy.

AB420-ASA1,11,10 (4) The examining board shall grant a license to practice psychotherapy as a clinical professional counselor to a person who satisfies the requirements under sub. (1) and who satisfies one of the following:

AB420-ASA1,11,11 (a) The person is certified as a professional counselor under ch. 457.

AB420-ASA1,11,13 (b) The person submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,11,15 1. That the person has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the examining board.

AB420-ASA1,11,16 2. That the person has done one of the following:

AB420-ASA1,11,19 a. After receiving a master's degree in professional counseling or its equivalent, the person has engaged in the equivalent of at least 2 years of full-time supervised clinical professional counseling practice approved by the examining board.

AB420-ASA1,11,23 b. After receiving a doctorate degree in professional counseling or its equivalent, the person has engaged in the equivalent of at least one year of full-time supervised clinical professional counseling practice approved by the examining board.

AB420-ASA1,11,25 3. That the person has passed an examination approved by the examining board to determine minimum competence to practice professional counseling.

AB420-ASA1,12,5 (5) The examining board shall grant a license to practice psychotherapy as a practitioner of a field of study approved by the examining board under rules promulgated under s. 475.08 (1) to a person who satisfies the requirements under sub. (1) and who submits evidence satisfactory to the examining board of all of the following:

AB420-ASA1,12,6 (a) That the person has a master's or doctorate degree in that field of study.

AB420-ASA1,12,8 (b) That the person satisfies the requirements under the rules promulgated under s. 475.08 (2).

AB420-ASA1,12,11 475.05 Examination. (1) The examining board shall conduct or arrange for examinations for licensure under this chapter at least semiannually and at times and places determined by the examining board.

AB420-ASA1,12,13 (2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in psychotherapy.

AB420-ASA1,12,15 475.06 Issuance of license; expiration and renewal. (1) The department shall issue a certificate of licensure to each person who is licensed under this chapter.

AB420-ASA1,12,19 (2) The renewal dates for licenses granted under this chapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a).

AB420-ASA1,12,25 475.07 Reciprocal license. Upon application and payment of the fee specified in s. 440.05 (2), the examining board shall grant a license under this chapter to a person who holds a similar license or certificate in another state or territory of the United States if the examining board determines that the requirements for receiving the license or certificate in the other state or territory are substantially equivalent to the requirements under s. 475.04.

AB420-ASA1,13,2 475.08 Rules. The examining board shall promulgate rules for each of the following:

AB420-ASA1,13,6 (1) Approving fields of study for purposes of granting licenses under s. 475.04 (5). The rules shall require the examining board to consider whether the field of study satisfies nationally recognized standards for preparing students for the practice of psychotherapy.

AB420-ASA1,13,9 (2) Establishing requirements for a person to satisfy for licensure to practice psychotherapy as practitioner of a field of study approved by the examining board under rules promulgated under sub. (1).

AB420-ASA1,13,11 (3) Establishing a code of ethics that governs the practice of psychotherapy by persons licensed under this chapter.

AB420-ASA1,13,16 475.09 Psychometric testing. A psychotherapist may not conduct psychometric testing unless he or she satisfies the requirements of the American Psychological Association for conducting the testing. The examining board shall promulgate rules for determining whether a psychotherapist satisfies the requirements.

AB420-ASA1,13,20 475.10 Disciplinary proceedings. (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB420-ASA1,13,24 (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a psychotherapist or deny, limit, suspend or revoke a license under this chapter if it finds that the applicant or psychotherapist has done any of the following:

AB420-ASA1,14,2 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB420-ASA1,14,4 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of psychotherapy.

AB420-ASA1,14,5 (c) Advertised in a manner that is false, deceptive or misleading.

AB420-ASA1,14,6 (d) Advertised, practiced or attempted to practice under another's name.

AB420-ASA1,14,8 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced psychotherapy while his or her ability to practice was impaired by alcohol or other drugs.

AB420-ASA1,14,10 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in rules promulgated under s. 475.08 (3).

AB420-ASA1,14,13 (g) Engaged in conduct while practicing psychotherapy that jeopardizes the health, safety or welfare of a client or that evidences a lack of knowledge of, inability to apply or the negligent application of, principles or skills of psychotherapy.

AB420-ASA1,14,15 (h) Engaged in the wilful, unauthorized communication of information that is received in professional confidence.

AB420-ASA1,14,17 (i) Accepted a commission, rebate or other form of fee for referring persons to other professionals.

AB420-ASA1,14,18 (j) Violated this chapter or any rule promulgated under this chapter.

AB420-ASA1,14,21 (3) The examining board may restore a license that has been suspended or revoked on such terms and conditions as the examining board may deem appropriate.

AB420-ASA1,14,24 475.11 Penalties. Any person who violates this chapter or any rule promulgated under this chapter may be fined not more than $1,000 for each violation, imprisoned not more than 6 months, or both.

AB420-ASA1, s. 15 Section 15. 895.70 (1) (bm) of the statutes is created to read:

AB420-ASA1,15,2 895.70 (1) (bm) "Psychotherapist" means a person licensed to practice psychotherapy under ch. 475.

AB420-ASA1, s. 16 Section 16. 895.70 (1) (e) of the statutes is amended to read:

AB420-ASA1,15,7 895.70 (1) (e) "Therapist" means a physician, psychologist, psychotherapist, social worker, marriage and family therapist, professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

AB420-ASA1, s. 17 Section 17. 905.04 (title) of the statutes is amended to read:

AB420-ASA1,15,12 905.04 (title) Physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, psychotherapist-patient, social worker-patient, marriage and family therapist-patient and professional counselor-patient privilege.

AB420-ASA1, s. 18 Section 18. 905.04 (1) (b) of the statutes is amended to read:

AB420-ASA1,15,21 905.04 (1) (b) A communication or information is "confidential" if not intended to be disclosed to 3rd persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication or information or persons who are participating in the diagnosis and treatment under the direction of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor, including the members of the patient's family.

AB420-ASA1, s. 19 Section 19. 905.04 (1) (c) of the statutes is amended to read:

AB420-ASA1,16,2 905.04 (1) (c) "Patient" means an individual, couple, family or group of individuals who consults with or is examined or interviewed by a physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor.

AB420-ASA1, s. 20 Section 20. 905.04 (1) (em) of the statutes is created to read:

AB420-ASA1,16,6 905.04 (1) (em) "Psychotherapist" means an individual licensed as a psychotherapist under ch. 475 or an individual reasonably believed by the patient to be a psychotherapist.

AB420-ASA1, s. 21 Section 21. 905.04 (2) of the statutes is amended to read:

AB420-ASA1,16,18 905.04 (2) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental or emotional condition, among the patient, the patient's physician, the patient's registered nurse, the patient's chiropractor, the patient's psychologist, the patient's psychotherapist, the patient's social worker, the patient's marriage and family therapist, the patient's professional counselor or persons, including members of the patient's family, who are participating in the diagnosis or treatment under the direction of the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor.

AB420-ASA1, s. 22 Section 22. 905.04 (3) of the statutes is amended to read:

AB420-ASA1,16,25 905.04 (3) Who may claim the privilege. The privilege may be claimed by the patient, by the patient's guardian or conservator, or by the personal representative of a deceased patient. The person who was the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor may claim the privilege but only on behalf of the patient. The authority so to do is presumed in the absence of evidence to the contrary.

AB420-ASA1, s. 23 Section 23. 905.04 (4) (a) of the statutes is amended to read:

AB420-ASA1,17,11 905.04 (4) (a) Proceedings for hospitalization, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, psychotherapist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services or protective placement.

AB420-ASA1, s. 24 Section 24. 905.04 (4) (e) 2. of the statutes is amended to read: