455.02
455.02
License required to practice; use of titles. 455.02(1m)(1m)
License required to practice. Except as provided in s.
257.03, 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.
455.02(2m)
(2m)
Exceptions. A license under this chapter is not required for any of the following:
455.02(2m)(a)
(a) A person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted by this state.
455.02(2m)(b)
(b) A person providing psychological services as directed, supervised and inspected by a psychologist who has the power to direct, decide and oversee the implementation of the services provided.
455.02(2m)(c)
(c) The performance of official duties by personnel of any of the armed services or federal health services of the United States.
455.02(2m)(d)
(d) 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 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.
455.02(2m)(e)
(e) A person pursuing a course of study leading to a graduate degree in medicine, social work, marriage and family therapy or professional counseling at an accredited college or university while working in a training program, if the person's activities and services constitute 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.
455.02(2m)(f)
(f) 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 activities and services constitute 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. The term “psychological intern" shall be reserved for persons enrolled in the doctoral program in psychology at an accredited college or university or engaged in a formal psychology internship program.
455.02(2m)(g)
(g) A person certified by the department of public instruction to provide psychological or counseling services, 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 jurisdiction of the school district by 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 school district by which he or she is employed.
455.02(2m)(h)
(h) A person who has a doctoral degree in psychology and who has met the examining board's requirements for predoctoral supervised experience under
s. Psy 2.09 (2), Wis. Adm. Code, while employed as a psychology resident by a clinic certified by the department of health services.
Effective date note
NOTE: Section Psy 2.09 (2), Wis. Adm. Code was repealed eff. 7-1-99 by Rule Order CR 98-206 published in the Wisconsin Administrative Register, June, 1999, No. 522.
455.02(2m)(i)
(i) 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 is engaged in activities that are within the scope of his or her regular duties as a member of the clergy and that are not rendered to 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.
455.02(2m)(k)
(k) A person engaged in employment counseling or testing for other than therapeutic purposes.
455.02(2m)(L)
(L) A mental health professional who has met all of the qualifications under s.
DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s.
DHS 61.95, Wis. Adm. Code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.
455.02(2m)(m)
(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.
455.02(2m)(n)
(n) A person coordinating or participating in the activities of a nonprofit peer support group, if the person performs those activities solely within the confines of the peer support group and does not render or offer to render psychological services to the public for a fee.
455.02(3m)
(3m)
Use of titles. Except as provided in s.
257.03, only an individual licensed under s.
455.04 (1) 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.
257.03, only an individual licensed under s.
455.04 (1) or
(4) may represent himself or herself to the public by any description of services incorporating the word “psychological" or “psychology".
455.03
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 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 services as a psychologist in this state for 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.
455.03 History
History: 1989 a. 243.
455.04
455.04
Licensure of psychologists and private practice school psychologists. 455.04(1)(1)
The department shall issue 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), and is found by the examining board to meet all of the following requirements:
455.04(1)(c)
(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, or have had other academic training or specialized experience, which in the opinion of the board is equivalent thereto. The 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.
455.04(1)(d)
(d) Have had at least one year of appropriate experience in psychological work under conditions satisfactory to the examining board in addition to satisfying par.
(c). However, the examining board may not adopt rules requiring an internship.
455.04(1)(e)
(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).
455.04(3)
(3) The examining board may waive the requirements of sub.
(1) (c) and
(d) if a candidate holds a diploma of the American board of examiners in professional psychology, or holds a certificate or license of an examining board of some other state or territory or foreign country or province, if the standards of such other examining board are deemed by the members of this board to be equivalent to the standards of this state and like reciprocity is extended to holders of licenses issued by this state.
455.04(4)
(4) The department shall issue a private practice school 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) and is found by the examining board to meet all of the following requirements:
455.04(4)(c)
(c) Have completed a program for the preparation of school psychologists resulting in a doctor of philosophy, doctor of psychology, doctor of education or education specialist degree, or consisting of a minimum of 60 graduate semester credits resulting in a master's degree in psychology.
455.04(4)(d)
(d) Submit written verification from the supervising psychologist or a school official or administrator that the applicant has successfully completed one year of experience or internship in school psychology under the supervision of a school psychologist licensed by the department of public instruction.
455.04(4)(e)
(e) Hold a regular license as a school psychologist issued by the department of public instruction.
455.04(4)(f)
(f) Pass the examination under s.
455.045 (2) (a). This paragraph does not apply to an applicant who is licensed as a private practice school 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).
455.04(5)
(5) Applicants for licensure under subs.
(1) and
(4) may be required to appear before the examining board in person prior to licensure to allow the examining board to make such inquiry of them as to qualifications and other matters as it considers proper.
455.04 Cross-reference
Cross-reference: See also chs.
Psy 2 and
3, Wis. adm. code.
455.045(1)(1)
The examining board shall administer the following examinations for psychologist licensure at least semiannually at times and places determined by the examining board:
455.045(1)(a)
(a) A written examination on the practice of psychology.
455.045(1)(b)
(b) A written examination in the elements of practice essential to the public health, safety or welfare.
455.045(2)
(2) The examining board shall administer the following examinations for private practice school psychologist licensure at least semiannually at times and places determined by the examining board:
455.045(2)(a)
(a) A written examination on the private practice of school psychology.
455.045(2)(b)
(b) A written examination in the elements of practice essential to the public health, safety or welfare.
455.045(3)
(3) The examining board shall promulgate rules establishing standards for public notice of examinations and for acceptable performance on examinations under this section.
455.045 History
History: 1989 a. 243.
455.045 Cross-reference
Cross-reference: See also chs.
Psy 2 and
3, Wis. adm. code.
455.06
455.06
Renewals. The renewal date for licenses issued under s.
455.04 (1) and
(4) is specified under s.
440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s.
440.03 (9) (a). An applicant for renewal of a license shall include with his or her application proof of completion of continuing education programs or courses approved under s.
455.065 (4) for the minimum number of hours required in the rules promulgated under s.
455.065 (1).
455.06 Cross-reference
Cross-reference: See also ch.
Psy 4, Wis. adm. code.
455.065
455.065
Continuing education requirements. The examining board shall do all of the following:
455.065(1)
(1) Promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses.
455.065(3)
(3) Promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for the exemptions from the examination requirements under s.
455.04 (1) (e) and
(4) (f) and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses.
455.065(4)
(4) Approve continuing education programs and courses in accordance with the criteria established under subs.
(1) and
(3).
455.065(5)
(5) Promulgate rules establishing the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health services for some or all hours of continuing education credits required under subs.
(1) and
(3). The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in s.
51.01 (3n), by the department of health services.
455.065 Cross-reference
Cross-reference: See also ch.
Psy 4, Wis. adm. code.
455.07(2)(2)
The fee for renewal of a license under this chapter is determined by the department under s.
440.03 (9) (a).
455.08
455.08
Rules and code of ethics. The examining board shall adopt such rules as are necessary under this chapter and shall, by rule, establish a reasonable code of ethics governing the professional conduct of psychologists, using as its model the “Ethical Standards of Psychologists", established by the American Psychological Association. The primary intent of this code shall be to assure that licensed psychologists limit their practices to those specialties in the field of psychology which they are qualified to practice. Every person who holds a license to practice psychology in this state shall be governed and controlled by such code of ethics. A written statement of the code shall be made available to all applicants for licensing, as well as all licensed psychologists, when amendments are made to those standards. Nothing in this chapter shall be construed to authorize the psychologist to engage in the practice of medicine.
455.08 Cross-reference
Cross-reference: See also Psy and ch.
Psy 5, Wis. adm. code.
455.08 Annotation
Construing rules of professional conduct adopted under s. 455.08 as applying to post-therapy conduct is necessary to effectuate the purpose of protecting the health, safety, or welfare of former clients. Bar-Av v. Psychology Examining Board,
2007 WI App 21,
299 Wis. 2d 387,
728 N.W.2d 722,
04-3251.
455.09
455.09
Denial, limitation, suspension, revocation and reprimand. 455.09(1)(1)
Subject to the rules promulgated under s.
440.03 (1), the examining board may deny an application for a license, or may by order suspend for a period not exceeding one year, limit, revoke or impose probationary conditions upon a license or reprimand a licensee if the applicant or licensee:
455.09(1)(b)
(b) Subject to ss.
111.321,
111.322 and
111.34, engaged in the practice of psychology or the private practice of school psychology while his or her ability to practice was impaired by alcohol or other drugs.
455.09(1)(c)
(c) Impersonates another person holding a license under this chapter or allows another person to use his or her license.
455.09(1)(d)
(d) Uses fraud or deception in applying for a license under this chapter.
455.09(1)(e)
(e) Accepts a commission, rebate or other form of fee for referring persons to other professionals.
455.09(1)(f)
(f) Engages in the willful, unauthorized communication of information received in professional confidence.
455.09(1)(g)
(g) Violates this chapter or any rule of professional conduct promulgated under this chapter.
455.09(1)(h)
(h) Is grossly negligent in the practice of his or her profession.
455.09(2)
(2) A suspended license is subject to the requirements for renewal of the license under s.
440.08. The renewal of a suspended license does not entitle the licensee to any rights, privileges or authority conferred by the license while the license remains suspended.
455.09(3)
(3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s.
440.12.
455.09 Cross-reference
Cross-reference: See also ch.
Psy 5, Wis. adm. code.
455.09 Annotation
Petitioner is not entitled to present expert evidence indicating he or she previously testified truthfully when denying misconduct under sub. (1) (g). Davis v. Psychology Examining Board,
146 Wis. 2d 595,
431 N.W.2d 730 (Ct. App. 1988).
455.09 Annotation
Laches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public-the right to have licensed psychologists comply with the requirements of their licenses. Stein v. WI Psychology Examining Board,
2003 WI App 147,
265 Wis. 2d 781,
668 N.W.2d 112,
02-2726.
455.09 Annotation
Construing rules of professional conduct adopted under s. 455.08 as applying to post-therapy conduct is necessary to effectuate the purpose of protecting the health, safety, or welfare of former clients. Bar-Av v. Psychology Examining Board,
2007 WI App 21,
299 Wis. 2d 387,
728 N.W.2d 722,
04-3251.
455.10
455.10
Injunctive relief. Violation of s.
455.02 may be enjoined in an action brought by the attorney general on petition by the examining board. In any such proceeding, it shall not be necessary to show that any person is individually injured by the actions complained of. If the respondent is found guilty of the violation, the court shall enjoin the respondent from further violations thereof until he or she has been duly licensed. The remedy given by this section is in addition to criminal prosecution under s.
455.11.
455.10 History
History: 1979 c. 162;
1995 a. 188.
455.11
455.11
Penalty. Any person who violates this chapter may be fined not more than $200 or imprisoned not exceeding 6 months or both.
