STATE OF WISCONSIN
Psychology Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
PSYCHOLOGY EXAMINING BOARD
PROPOSED ORDER OF THE PSYCHOLOGY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Psychology Examining Board to repeal Psy 5.01 (18), and (33) (a) to (e) and Psy 5.02; to amend Psy 5.01 (2), (5), (8), (24), (25), 28), (29), (30) (c), (33) (intro.) and (34); to repeal and replace Psy 5.01 (17) and (32); and to create Psy 5.01 (2m) and (12m) relating to unprofessional conduct.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 455.09, stats. Explanation of agency authority:
§ 15.08(5)(b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. § 455.08 The examining board shall adopt such rules as are necessary under this chapter Related statute or rule: n/a
Plain language analysis:
This rule updates the unprofessional conduct rules which have not had a comprehensive review and update since 2003.
Sections 1 and 3 add private practice of school psychology to reflect the other license under the jurisdiction of the board.
Section 2 clarifies that engaging in conduct that falls below the standard of minimal competence is unprofessional conduct.
Section 4 adds exploitative billing practices as conduct which is unprofessional conduct.
Section 5 clarifies it is unprofessional conduct to not have security protocols in place for access to information received from a client recognizing that current psychology practice includes electronic forms of communication which need to have security protocols to protect confidential matters.
Section 6 repeals and recreates the provision relating to prohibited dual relationships to clarify the prohibited dual relationships are those reasonably likely to impair objectivity while providing services. This modification is recognizing that there are natural dual relationships which do not impair objectivity and would be difficult to avoid particularly in rural areas.
Section 7 simplifies the requirement for licensees to respond to requests from the board.
Section 8 modifies “impersonation” to “appropriation of the identity” for clarification purposes.
Section 9 states it is unprofessional conduct to violate chapter 455, stats. or any rule of the board.
Section 10 cleans up the language relating to the duty to report disciplinary or adverse action taken by another jurisdiction.
Section 11 updates the language for “a” prohibited dual relationship to “any” prohibited dual relationship.
Section 12 clarifies the unprofessional conduct provision relating to disciplinary or adverse action in another jurisdiction.
