SB534: Bill Text

SB534,22,3 2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.

SB534,22,5 (mm) “State" means: a state, commonwealth, territory, or possession of the United States, the District of Columbia.

SB534,22,8 (n) “State psychology regulatory authority" means: the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.

SB534,22,10 (nm) “Telepsychology" means: the provision of psychological services using telecommunication technologies.

SB534,22,13 (o) “Temporary authorization to practice" means: a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.

SB534,22,17 (om) “Temporary in-person, face-to-face practice" means: where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

SB534,22,19 (3) Article III — Home state licensure. (a) The home state shall be a compact state where a psychologist is licensed to practice psychology.

SB534,22,24 (b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

SB534,23,4 (c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

SB534,23,7 (d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.

SB534,23,10 (e) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

SB534,23,11 1. Currently requires the psychologist to hold an active E.Passport;

SB534,23,13 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

SB534,23,15 3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

SB534,23,20 4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and

SB534,23,21 5. Complies with the bylaws and rules of the commission.

SB534,23,23 (f) A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

SB534,23,24 1. Currently requires the psychologist to hold an active IPC;

SB534,24,2 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

SB534,24,4 3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

SB534,24,9 4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and

SB534,24,10 5. Complies with the bylaws and rules of the commission.

SB534,24,15 (4) Article IV — Compact privilege to practice telepsychology. (a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with sub. (3), to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.

SB534,24,18 (b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

SB534,24,20 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

SB534,24,23 a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, OR authorized by provincial statute or royal charter to grant doctoral degrees; OR

SB534,25,2 b. A foreign college or university deemed to be equivalent to subd. 1. a. by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND

SB534,25,3 2. Hold a graduate degree in psychology that meets the following criteria:

SB534,25,7 a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

SB534,25,9 b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

SB534,25,11 c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

SB534,25,12 d. The program must consist of an integrated, organized sequence of study;

SB534,25,14 e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

SB534,25,16 f. The designated director of the program must be a psychologist and a member of the core faculty;

SB534,25,18 g. The program must have an identifiable body of students who are matriculated in that program for a degree;

SB534,25,20 h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

SB534,25,23 i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree;

SB534,25,25 j. The program includes an acceptable residency as defined by the rules of the commission.

SB534,26,2 3. Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

SB534,26,3 4. Have no history of adverse action that violate the rules of the commission;

SB534,26,5 5. Have no criminal record history reported on an identity history summary that violates the rules of the commission;

SB534,26,6 6. Possess a current, active E.Passport;

SB534,26,11 7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and

SB534,26,12 8. Meet other criteria as defined by the rules of the commission.

SB534,26,15 (c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

SB534,26,23 (d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state's scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state's applicable law to protect the health and safety of the receiving state's citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission.

SB534,27,3 (e) If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

SB534,27,7 (5) Article V — Compact temporary authorization to practice. (a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with sub. (3), to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact.

SB534,27,10 (b) To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

SB534,27,12 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

SB534,27,15 a. Regionally accredited by an accrediting body recognized by the U.S. department of education to grant graduate degrees, OR authorized by provincial statute or royal charter to grant doctoral degrees; OR

SB534,27,19 b. A foreign college or university deemed to be equivalent to subd. 1. a. by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND

SB534,27,20 2. Hold a graduate degree in psychology that meets the following criteria:

SB534,27,24 a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

SB534,28,2 b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

SB534,28,4 c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

SB534,28,5 d. The program must consist of an integrated, organized sequence of study;

SB534,28,7 e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

SB534,28,9 f. The designated director of the program must be a psychologist and a member of the core faculty;

SB534,28,11 g. The program must have an identifiable body of students who are matriculated in that program for a degree;

SB534,28,13 h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

SB534,28,16 i. The curriculum shall encompass a minimum of three academic years of full- time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degree;

SB534,28,18 j. The program includes an acceptable residency as defined by the rules of the commission.

SB534,28,20 3. Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;

SB534,28,21 4. No history of adverse action that violate the rules of the commission;

SB534,28,22 5. No criminal record history that violates the rules of the commission;

SB534,28,23 6. Possess a current, active IPC;

SB534,29,3 7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and

SB534,29,4 8. Meet other criteria as defined by the rules of the commission.

SB534,29,7 (c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

SB534,29,14 (d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.

SB534,29,19 (e) If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

SB534,29,24 (6) Article VI — Conditions of telepsychology practice in a receiving state. A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the commission, and under the following circumstances:

SB534,30,2 (a) The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state;

SB534,30,4 (b) Other conditions regarding telepsychology as determined by rules promulgated by the commission.

SB534,30,8 (7) Article VII — Adverse actions. (a) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist's temporary authorization to practice within that distant state.

SB534,30,12 (b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

SB534,30,16 (c) If a home state takes adverse action against a psychologist's license, that psychologist's authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked.

SB534,30,20 1. All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.

SB534,30,23 2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.

SB534,30,25 3. Other actions may be imposed as determined by the rules promulgated by the commission.

SB534,31,5 (d) A home state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state's law shall control in determining any adverse action against a psychologist's license.

SB534,31,11 (e) A distant state's psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice.

SB534,31,19 (f) Nothing in this compact shall override a compact state's decision that a psychologist's participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state's law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

SB534,31,22 (g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to par. (c).

SB534,32,2 (8) Article VIII — Additional authorities invested in a compact state's psychology regulatory authority. In addition to any other powers granted under state law, a compact state's psychology regulatory authority shall have the authority under this compact to:

SB534,32,11 (a) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state's psychology regulatory authority for the attendance and testimony of witnesses, and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

SB534,32,14 (b) Issue cease and desist and/or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.

SB534,33,2 (c) During the course of any investigation, a psychologist may not change his/her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.