AB763: Bill Text

Psychology Examining Board; composition

Under current law, the board is required to be composed of six members, including four licensed psychologists and two public members. Current law requires that each psychologist member represent a different specialty area within the field of psychology.

The bill eliminates the requirement that each psychologist member represent a different specialty area within the field of psychology and instead simply requires that the governor, to the extent possible, nominate psychologists to the board who represent different specialty areas within the field of psychology.

Private practice of school psychologist

Under current law, no person may engage in the private practice of school psychology without a private practice school psychologist license.

The bill allows private practice school psychologists who are licensed under current law to continue to renew their licenses and engage in the private practice of school psychology. However, the bill otherwise discontinues the licensure of private practice school psychologists. The bill continues to allow the practice of school psychology in school settings without a license issued by the board by individuals credentialed by the Department of Public Instruction.

Psychology; scope of practice and licensure requirements

1. The bill revises the definition of the “practice of psychology” for purposes of the requirement that an individual obtain a psychologist license in order to engage in that practice. The bill also revises various provisions that exempt certain types of individuals from the licensure requirement and adds a number of additional exemptions.

2. The bill revises the licensure requirements that must be satisfied in order to be granted a psychologist license by the board. The changes include eliminating a prohibition on the board promulgating rules to require an internship.

3. The bill eliminates the ability of the board to deny a license based on an applicant's arrest record.

Interim license

The bill requires the board to issue an interim psychologist license to an applicant who satisfies all of the requirements for a psychologist license, other than the supervised experience requirement. An interim license is valid for two years or until the individual obtains a permanent license, subject to a hardship exemption prescribed by the board by rule that could allow renewals beyond two years.

Continuing education

The bill makes various changes concerning continuing education for psychologists, including requiring licensees to maintain records of compliance with continuing education requirements for at least six years.

Various other changes

The bill makes various other changes to the laws governing the practice of psychology, including:

1. Allowing the board to require a licensee or applicant to submit to a psychological examination when there is reasonable cause to believe that the individual is physically or mentally incapable of engaging in the practice of psychology with reasonable skill such that he or she may endanger the safety of patients or clients.

2. Various revisions to the laws governing professional discipline of psychologists, including specifically allowing the board to take disciplinary action against a licensee who practices outside the scope of his or her training, experience, or education without appropriate supervision.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB763,1 Section 1 . 15.405 (10m) of the statutes is amended to read:

AB763,3,9 15.405 (10m) Psychology examining board. There is created in the department of safety and professional services a psychology examining board consisting of 6 members appointed for staggered 4-year terms. Four of the members shall be psychologists licensed in this state. Each of the psychologist members shall represent a different specialty area within the field of psychology. Two members shall be public members. The governor shall, to the extent possible, nominate psychologists to the board who represent different specialty areas within the field of psychology.

AB763,2 Section 2. 51.30 (1) (b) of the statutes is amended to read:

AB763,4,10 51.30 (1) (b) “Treatment records" include the registration and all other records that are created in the course of providing services to individuals for mental illness, developmental disabilities, alcoholism, or drug dependence and that are maintained by the department; by county departments under s. 51.42 or 51.437 and their staffs; by treatment facilities; or by psychologists licensed under s. 455.04 (1) or (2) or licensed mental health professionals who are not affiliated with a county department or treatment facility. Treatment records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or records are not available to others.

AB763,3 Section 3 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB763,4,15 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (d), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

AB763,4 Section 4. 440.88 (3m) of the statutes is amended to read:

AB763,4,21 440.88 (3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), or a licensed psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

AB763,5 Section 5. 455.01 (3m) of the statutes is amended to read:

AB763,5,2 455.01 (3m) “Fee" “ Fee," when used other than in reference to a fee for a credential, means direct or indirect payment or compensation, monetary or otherwise, including the expectation of payment or compensation whether or not actually received.

AB763,6 Section 6 . 455.01 (5) of the statutes is repealed and recreated to read:

AB763,5,7 455.01 (5) (a) “Practice of psychology" means the observation, description, evaluation, interpretation, prediction, or modification of human behavior by the application of psychological principles, methods, or procedures for any of the following purposes, in exchange for a fee:

AB763,5,10 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior and promoting adaptive health maintaining behavior or psychological functioning.

AB763,5,12 2. Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness.

AB763,5,13 3. Assisting in legal decision making.

AB763,5,15 (b) “Practice of psychology" includes all of the following if done in exchange for a fee:

AB763,5,18 1. Psychological testing and the evaluation or assessment of a person's characteristics, including intelligence; personality; cognitive, physical, or emotional abilities; skills; interests; aptitudes; or neuropsychological functioning.

AB763,5,20 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior therapy, and applied behavior analysis.

AB763,5,23 3. The diagnosis, treatment, or management of mental and emotional disorders or disabilities, substance use disorders, disorders of habit or conduct, and the psychological aspects of physical illnesses, accidents, injuries, or disabilities.

AB763,5,24 4. Psychoeducational evaluation, therapy, or remediation.

AB763,6,3 5. Consultation with other psychologists, physicians, or other health care professionals and with a patient regarding all available treatment options, including medication, with respect to the provision of care for a specific patient or client.

AB763,6,6 6. The provision of direct services to individuals or groups for the purposes of enhancing individual or organizational effectiveness, using psychological principles, methods, or procedures.

AB763,6,7 7. The supervision of anything specified in subds. 1. to 6.

AB763,7 Section 7. 455.01 (6) of the statutes is repealed and recreated to read:

AB763,6,14 455.01 (6) “Psychotherapy" means the diagnosis and treatment of mental, emotional, or behavioral disorders, conditions, or addictions through the application of methods derived from established psychological or systemic principles, including for the purpose of assisting individuals with modifying their behaviors, cognitions, emotions, or personality characteristics, or for the purpose of understanding unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.

AB763,8 Section 8. 455.01 (7) of the statutes is repealed.

AB763,9 Section 9 . 455.02 (1m) (title) of the statutes is amended to read:

AB763,6,17 455.02 (1m) (title) License required to practice.

AB763,10 Section 10 . 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and amended to read:

AB763,6,23 455.02 (1m) (a) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, no person may engage in the practice of psychology or the private practice of school psychology, or attempt to do so or make a representation as authorized to do so, without a license issued by the examining board.

AB763,11 Section 11 . 455.02 (2m) (d) of the statutes is amended to read:

AB763,7,19 455.02 (2m) (d) A person employed in a position as a psychologist or psychological assistant by an accredited a recognized college, junior college, or university or other academic or research institution or by a recognized research laboratory, if the person is performing activities that are a part of the duties for which he or she is employed, is performing those activities solely within the confines of or under the jurisdictions of the institution in which he or she is employed and does not render or offer to render psychological services to 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. An individual acting under this paragraph may, without obtaining a license under s. 455.04 (1) or (4), disseminate research findings and scientific information to others, such as accredited academic institutions or governmental agencies, or may offer lecture services for a fee. teach the practice of psychology, conduct psychological research, present lectures on the practice of psychology, perform any consultation required by his or her academic or research functions, or provide expert testimony in court related to his or her field of expertise. A person employed in a position under this paragraph may utilize or represent himself or herself by the academic or research title conferred upon him or her by the administration of the laboratory, school, college, or university or use the title “psychology professor” or “academic psychologist.”

AB763,12 Section 12 . 455.02 (2m) (f) of the statutes is repealed and recreated to read:

AB763,8,3 455.02 (2m) (f) A person providing psychological services as part of a psychology training program, if his or her activities and services constitute a part of the supervised course of study and are performed under the supervision of a psychologist licensed under this chapter and the person does not provide or offer to provide psychological services to the public for a fee over and above any salary that he or she may receive for the performance of the official duties with the employing agency or organization. A person providing services under this paragraph may use the title “psychology student,” “psychology intern,” or “psychology resident”.

AB763,13 Section 13 . 455.02 (2m) (h) of the statutes is repealed.

AB763,14 Section 14 . 455.02 (2m) (k) of the statutes is repealed and recreated to read:

AB763,8,8 455.02 (2m) (k) A person not trained as a psychologist whose activities are limited to educational or vocational counseling or testing that is performed in a human resources, personnel, or educational setting.

AB763,15 Section 15 . 455.02 (2m) (m) of the statutes is amended to read:

AB763,8,17 455.02 (2m) (m) A person providing psychological services as an employee of a federal, state or local governmental agency, if the person is providing the psychological services as a part of the duties for which he or she is employed, is providing the psychological services solely within the confines of or under the jurisdiction of the agency by which he or she is employed, and does not provide or offer to provide psychological services to 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.

AB763,16 Section 16 . 455.02 (2m) (o) to (r) of the statutes are created to read:

AB763,9,4 455.02 (2m) (o) A person providing psychological services as an employee of a state or local governmental agency, if the person is providing the psychological services as a part of the duties for which he or she is employed, is providing the psychological services solely within the confines of or under the jurisdiction of the agency by which he or she is employed, does not provide or offer to provide psychological services to 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, and has received a master's degree in psychology from an institution accredited by an accrediting organization recognized by the U.S. secretary of education. A person providing services under this paragraph may use the title “psychological associate.”

AB763,9,9 (p) A person providing psychological services under the supervision of a psychologist licensed under this chapter as part of a formal psychology fellowship program that meets the program standards of the Association of Psychology Postdoctoral and Internship Centers or its successor organization. A person providing services under this paragraph may use the title “psychology fellow.”

AB763,9,11 (q) A person whose activities are limited to testifying in a court in this state regarding services rendered in another state.

AB763,9,15 (r) A person engaging in the private practice of school psychology who holds a valid private practice school psychologist license issued under s. 455.04 (4), 2015 stats. A person acting under this paragraph may use the title “private practice school psychologist.”

AB763,17 Section 17 . 455.02 (3m) (title) of the statutes is repealed.

AB763,18 Section 18 . 455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and amended to read:

AB763,9,25 455.02 (1m) (b) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (2) may use the title “psychologist" or any similar title or state or imply that he or she is licensed to practice psychology, and only an individual licensed under s. 455.04 (4) may use the title “private practice school psychologist" or any similar title or state or imply that he or she is licensed to engage in the private practice of school psychology. Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (4) or (2) may represent himself or herself to the public by any description of services incorporating the word “psychological" or “psychology "..”

AB763,19 Section 19 . 455.025 of the statutes is created to read:

AB763,10,6 455.025 Practice of medicine and surgery. Nothing in this chapter shall be construed to authorize a psychologist to engage in the practice of medicine and surgery.

AB763,20 Section 20. 455.03 of the statutes is amended to read:

AB763,10,21 455.03 Temporary practice. A psychologist who is licensed or certified by a similar examining board of another state or territory of the United States or of a foreign country or a Canadian province whose standards, in the opinion of the examining board, are equivalent to or higher than the requirements for licensure as a psychologist in s. 455.04 (1) may offer provide psychological services as a psychologist in this state for on not more than 60 working days in any year without holding a license issued under s. 455.04 (1). The psychologist shall report to the examining board the nature and extent of his or her practice in this state if it exceeds 20 working days within a year. A psychologist provides psychological services in this state for purposes of this section whenever the patient or client is located in this state, regardless of whether the psychologist is temporarily located in this state or is providing services by electronic or telephonic means from the state or province where the psychologist is licensed. In this section, “day” means any part of a day during which psychological services are rendered.

AB763,21 Section 21 . 455.04 (1) (intro.) of the statutes is amended to read:

AB763,11,3 455.04 (1) (intro.) The department examining board shall issue grant a psychologist license to an individual who submits an application for the license to the department on a form provided by the department, pays the fee specified in s. 440.05 (1) or, if sub. (3) applies, the fee specified in s. 440.05 (2) determined by the department under s. 440.03 (9), and is found by the examining board to meet satisfies all of the following requirements:

AB763,22 Section 22 . 455.04 (1) (b) of the statutes is amended to read:

AB763,11,6 455.04 (1) (b) Subject to ss. 111.321, 111.322 , and 111.335, not have an arrest or a conviction record.

AB763,23 Section 23 . 455.04 (1) (c) of the statutes is amended to read:

AB763,11,17 455.04 (1) (c) Hold 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 the American Psychological Association or the Canadian Psychological Association, or have had other academic training or specialized experience, which in the opinion of that the examining board is determines to be substantially equivalent thereto based upon standards established by rule. The examining board may require examinations to determine the equivalence of such training and experience and may also require examinations for individuals holding doctoral degrees in psychology from non-American universities.

AB763,24 Section 24 . 455.04 (1) (d) of the statutes is repealed and recreated to read:

AB763,11,20 455.04 (1) (d) Complete any predoctoral supervised experience requirements established by the examining board by rule.

AB763,25 Section 25 . 455.04 (1) (dm) of the statutes is created to read:

AB763,11,23 455.04 (1) (dm) Complete any postdoctoral supervised experience requirements established by the examining board by rule.

AB763,26 Section 26 . 455.04 (1) (e) of the statutes is amended to read:

AB763,12,5 455.04 (1) (e) Pass the examination under s. 455.045 (1) (a). This paragraph does not apply to an applicant who is licensed as a psychologist in another state if the applicant submits proof of completion of continuing educational programs or courses approved under s. 455.065 (4) for the minimum number of hours required in the rules promulgated under s. 455.065 (3).

AB763,27 Section 27 . 455.04 (2) of the statutes is created to read:

AB763,12,11 455.04 (2) The examining board shall grant an interim psychologist license to an applicant who satisfies the requirements for a license under sub. (1), other than the requirement under sub. (1) (d). An individual licensed under this subsection may provide psychological services only under the supervision of qualified supervisors, as determined by the examining board.

AB763,28 Section 28 . 455.04 (3) of the statutes is amended to read:

AB763,12,19 455.04 (3) The examining board may waive the requirements of sub. (1) (c) and (d) to (e) if a candidate holds a diploma of the American board of examiners in professional psychology, or an applicant holds a certificate or license of an examining board of some other state or territory or foreign country or a Canadian province, if the standards of such other examining board are deemed by the members of this examining board to be equivalent to the standards of this state and like reciprocity is extended to holders of licenses issued by this state.