2017 Special Session
2017 - 2018 LEGISLATURE
Revisions to psychology law
Preliminary Draft - Not Ready For Introduction
December 19, 2017 - Introduced by Representatives Tittl, Brostoff, Considine,
Jacque, Katsma, Kremer, Novak, Quinn, Rohrkaste, Sanfelippo,
Skowronski, Spiros and VanderMeer, cosponsored by Senators Darling,
Larson and Olsen. Referred to Committee on Regulatory Licensing Reform.
1An Act to repeal
455.01 (7), 455.02 (2m) (h), 455.02 (3m) (title), 455.045 (2), 2
455.065 (3), 455.07, 455.08 and 455.10; to renumber and amend
455.02 (1m) 3
and 455.02 (3m); to amend
15.405 (10m), 51.30 (1) (b), 440.08 (2) (a) (intro.), 4
440.88 (3m), 455.01 (3m), 455.02 (1m) (title), 455.02 (2m) (d), 455.02 (2m) (m), 5
455.03, 455.04 (1) (intro.), 455.04 (1) (b), 455.04 (1) (c), 455.04 (1) (e), 455.04 (3), 6
455.04 (5), 455.045 (1), 455.065 (1), 455.065 (4), 455.065 (5), 455.09 (1) (intro.), 7
455.09 (1) (b), 455.09 (1) (g), 455.09 (3) and 905.04 (1) (e); to repeal and
455.01 (5), 455.01 (6), 455.02 (2m) (f), 455.02 (2m) (k), 455.04 (1) (d), 9
455.04 (4), 455.045 (3), 455.06 and 455.09 (title); and to create
455.02 (2m) (o) 10
to (r), 455.025, 455.04 (1) (dm), 455.04 (2), 455.065 (6) and (7), 455.09 (1) (i), 11
455.09 (1) (j), 455.09 (4) and 455.095 of the statutes; relating to: the practice
12of psychology, extending the time limit for emergency rule procedures,
1providing an exemption from emergency rule procedures, granting
2rule-making authority, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, no person may engage in the practice of psychology without
being licensed as a psychologist by the Psychology Examining Board. This bill makes
various revisions to the laws governing the board and the practice of psychology.
Significant changes are described as follows:
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
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
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.
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.
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
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:
15.405 (10m) of the statutes is amended to read:
15.405 (10m) Psychology examining board.
There is created in the 3
department of safety and professional services a psychology examining board 4
consisting of 6 members appointed for staggered 4-year terms. Four of the members 5
shall be psychologists licensed in this state. Each of the psychologist members shall
6represent a different specialty area within the field of psychology.
Two members 7
shall be public members. The governor shall, to the extent possible, nominate
8psychologists to the board who represent different specialty areas within the field of
51.30 (1) (b) of the statutes is amended to read:
(b) “Treatment records" include the registration and all other records 2
that are created in the course of providing services to individuals for mental illness, 3
developmental disabilities, alcoholism, or drug dependence and that are maintained 4
by the department; by county departments under s. 51.42 or 51.437 and their staffs; 5
by treatment facilities; or by psychologists licensed under s. 455.04 (1) or (2)
licensed mental health professionals who are not affiliated with a county department 7
or treatment facility. Treatment records do not include notes or records maintained 8
for personal use by an individual providing treatment services for the department, 9
a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or 10
records are not available to others.
440.08 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 13
444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (d),
455.06 (1) (b),
463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as 15
440.88 (3m) of the statutes is amended to read:
440.88 (3m) Exception.
This section does not apply to a physician, as defined 18
in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), or a licensed 19
psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2)
, who 20
practices as a substance abuse clinical supervisor or provides substance abuse 21
counseling, treatment, or prevention services within the scope of his or her licensure.
455.01 (3m) of the statutes is amended to read:
455.01 (3m) “Fee" “
Fee," when used other than in reference to a fee for a
means direct or indirect payment or compensation, monetary or
otherwise, including the expectation of payment or compensation whether or not 2
455.01 (5) of the statutes is repealed and recreated to read:
(a) “Practice of psychology" means the observation, description, 5
evaluation, interpretation, prediction, or modification of human behavior by the 6
application of psychological principles, methods, or procedures for any of the 7
following purposes, in exchange for a fee:
1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, 9
maladaptive, or undesired behavior and promoting adaptive health maintaining 10
behavior or psychological functioning.
2. Evaluating, assessing, or facilitating the enhancement of individual, group, 12
or organizational effectiveness.
3. Assisting in legal decision making.
(b) “Practice of psychology" includes all of the following if done in exchange for 15
1. Psychological testing and the evaluation or assessment of a person's 17
characteristics, including intelligence; personality; cognitive, physical, or emotional 18
abilities; skills; interests; aptitudes; or neuropsychological functioning.
2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, 20
biofeedback, behavior therapy, and applied behavior analysis.
3. The diagnosis, treatment, or management of mental and emotional disorders 22
or disabilities, substance use disorders, disorders of habit or conduct, and the 23
psychological aspects of physical illnesses, accidents, injuries, or disabilities.
4. Psychoeducational evaluation, therapy, or remediation.