AB487,38
5Section 38
. 455.04 (4) of the statutes is repealed and recreated to read:
AB487,16,116
455.04
(4) An individual who, on the day before the effective date of this
7subsection .... [LRB inserts date], held a valid private practice school psychologist
8license under s. 455.04 (4), 2017 stats., may continue to renew that license as
9provided in s. 455.06. The examining board may not grant any initial private
10practice school psychologist license based on an application received on or after the
11effective date of this subsection .... [LRB inserts date].
AB487,39
12Section 39
. 455.04 (5) of the statutes is amended to read:
AB487,16,1613
455.04
(5) Applicants for licensure under
subs. (1) and (4) this section may be
14required to appear before the examining board in person prior to licensure to allow
15the examining board to make such inquiry of them as to qualifications and other
16matters as it considers proper.
AB487,40
17Section 40
. 455.045 (1) of the statutes is amended to read:
AB487,16,2118
455.045
(1) The examining board shall administer In order to qualify for a
19psychologist license under s. 455.04 (1) or (2), an applicant must have passed all of 20the following examinations
for psychologist licensure at least semiannually at times
21and places determined by the examining board:
AB487,16,2222
(a) A written examination on the
professional practice of psychology.
AB487,16,2423
(b) A written examination
in the elements of practice essential to the public
24health, safety or welfare on state law related to the practice of psychology.
AB487,41
25Section 41
. 455.045 (2) of the statutes is repealed.
AB487,42
1Section
42. 455.045 (3) of the statutes is repealed and recreated to read:
AB487,17,42
455.045
(3) The examining board shall set passing scores for examinations
3under sub. (1) (a) or (b). The examining board may adopt passing scores
4recommended by test developers.
AB487,43
5Section
43. 455.06 of the statutes is repealed and recreated to read:
AB487,17,9
6455.06 Renewals. (1) (a) Except as provided in par. (b), the renewal dates for
7licenses issued under this chapter or under s. 455.04 (4), 2017 stats., are specified
8under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the
9department under s. 440.03 (9) (a).
AB487,17,1510
(b) A license issued under s. 455.04 (2) is valid for 2 years or until the individual
11obtains a license under s. 455.04 (1) and may not be renewed, except that the
12examining board may promulgate rules specifying circumstances in which the
13examining board, in cases of hardship, may allow an individual to renew a license
14issued under s. 455.04 (2). Notwithstanding sub. (2), an individual holding a license
15issued under s. 455.04 (2) is not required to complete continuing education.
AB487,17,19
16(2) An applicant for renewal of a license issued under this chapter or under s.
17455.04 (4), 2017 stats., shall include with his or her application proof in the form
18specified by the examining board that he or she has completed the hours of
19continuing education required under s. 455.065.
AB487,44
20Section 44
. 455.065 (1) of the statutes is amended to read:
AB487,18,421
455.065
(1) Promulgate rules establishing the minimum number of hours of
22continuing education, the topic areas that the continuing education must cover, the
23criteria for the approval of continuing education programs and courses required for
24renewal of a license
, and the criteria for the approval of the sponsors and cosponsors
25of those continuing education programs and courses.
The examining board may
1establish criteria for the substitution of hours of professional activities to meet
2continuing education requirements. A licensee shall retain for a minimum period of
36 years and shall make available to the examining board or its agent upon request
4proof that the licensee completed the required continuing education.
AB487,45
5Section 45
. 455.065 (3) of the statutes is repealed.
AB487,46
6Section 46
. 455.065 (4) of the statutes is amended to read:
AB487,18,87
455.065
(4) Approve continuing education programs and courses in accordance
8with the criteria established under
subs. sub. (1)
and (3).
AB487,47
9Section
47. 455.065 (5) of the statutes is amended to read:
AB487,18,1610
455.065
(5) Promulgate rules establishing the criteria for the substitution of
11uncompensated hours of professional assistance volunteered to the department of
12health services for some or all hours of continuing education credits required under
13subs. sub. (1)
and (3). The eligible substitution hours shall involve professional
14evaluation of community programs for the certification and recertification of
15community mental health programs, as defined in s. 51.01 (3n), by the department
16of health services.
AB487,48
17Section 48
. 455.065 (6) and (7) of the statutes are created to read:
AB487,18,2318
455.065
(6) Grant a postponement of or waiver from the continuing education
19requirements under this section based upon the grounds of prolonged illness or
20disability or on other grounds constituting extreme hardship. The examining board
21shall consider each application individually on its merits, and the examining board
22may grant a postponement, partial waiver, or total waiver of the requirement as the
23examining board deems appropriate.
AB487,19,5
24(7) Grant an exemption from the continuing education requirements under
25this section to a psychologist who certifies to the examining board that he or she has
1permanently retired from the practice of psychology. A psychologist who has been
2granted an exemption under this subsection may not return to active practice
3without submitting evidence satisfactory to the examining board of having
4completed the required continuing education credits within the 2-year period prior
5to the return to the practice of psychology.
AB487,49
6Section
49. 455.07 of the statutes is repealed.
AB487,50
7Section 50
. 455.08 of the statutes is repealed.
AB487,51
8Section
51. 455.09 (title) of the statutes is repealed and recreated to read:
AB487,19,9
9455.09 (title)
Disciplinary proceedings and actions.
AB487,52
10Section
52. 455.09 (1) (intro.) of the statutes is amended to read:
AB487,19,1411
455.09
(1) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
12examining board may deny an application for a license, or may
by order suspend
for
13a period not exceeding one year, limit,
or revoke
or impose probationary conditions
14upon a license or reprimand a licensee if the applicant or licensee:
AB487,53
15Section
53. 455.09 (1) (b) of the statutes is amended to read:
AB487,19,2316
455.09
(1) (b) Subject to ss. 111.321, 111.322
, and 111.34,
engaged engages in
17the practice of psychology or the private practice of school psychology while his or her
18ability to practice
was is impaired by alcohol or other drugs
or while otherwise having
19a mental or physical impairment. In this paragraph, “mental or physical
20impairment" means a mental or physical impairment that would limit or eliminate
21a licensee's ability to engage in the practice of psychology at the minimum level
22required to competently discharge his or her tasks or duties and to protect the public
23interest while so doing.
AB487,54
24Section
54. 455.09 (1) (g) of the statutes is amended to read:
AB487,20,2
1455.09
(1) (g) Violates this chapter or any rule
of professional conduct 2promulgated under this chapter.
AB487,55
3Section
55. 455.09 (1) (i) of the statutes is created to read:
AB487,20,64
455.09
(1) (i) Refuses to submit to an examination under s. 455.095, or is found
5to be physically or mentally incapable of engaging in the practice of psychology under
6s. 455.095.
AB487,56
7Section 56
. 455.09 (1) (j) of the statutes is created to read:
AB487,20,98
455.09
(1) (j) Practices outside the scope of his or her training, experience, or
9education without appropriate supervision.
AB487,57
10Section 57
. 455.09 (3) of the statutes is amended to read:
AB487,20,1711
455.09
(3) A revoked license may not be renewed.
One year from the date of
12revocation An individual may, no sooner than one year after the date of revocation,
13apply for reinstatement of a license under this chapter
, application may be made for
14reinstatement. The examining board may accept or reject an application for
15reinstatement. If reinstatement is granted under this subsection, the licensee shall
16pay a reinstatement fee in an amount equal to the renewal fee. This subsection does
17not apply to a license that is revoked under s. 440.12.
AB487,58
18Section 58
. 455.09 (4) of the statutes is created to read:
AB487,20,2119
455.09
(4) The examining board may conduct an audit on any licensee under
20investigation by the examining board for compliance with continuing education
21requirements under s. 455.065.
AB487,59
22Section
59. 455.095 of the statutes is created to read:
AB487,21,6
23455.095 Determination of mental or physical impairment. (1) When
24there is reasonable cause to believe that an individual licensed under this chapter
25or applicant for a license under this chapter is physically or mentally incapable of
1engaging in the practice of psychology with reasonable skill such that the applicant
2or licensee may endanger the safety of patients or clients, the examining board may
3require the licensee or applicant in question to submit to a psychological examination
4by a psychologist designated by the examining board to determine psychological
5functioning to practice or a physical examination by a physician designated by the
6examining board to determine physical functioning to practice.
AB487,21,12
7(2) The examining board shall consider the findings and conclusions of an
8examination under sub. (1) and any other evidence or material submitted to the
9examining board by the licensee or applicant in question or any other individual and
10shall determine if the licensee or applicant is physically or mentally incapable of
11engaging in the practice of psychology with reasonable skill such that the applicant
12or licensee may endanger the safety of patients or clients.
AB487,60
13Section
60. 455.10 of the statutes is repealed.
AB487,61
14Section
61. 905.04 (1) (e) of the statutes is amended to read:
AB487,21,1715
905.04
(1) (e) “Psychologist" means a
licensed psychologist
, as that term is
16defined in s. 455.01 (4) licensed under ch. 455, or a person reasonably believed by the
17patient to be a psychologist.
AB487,62
18Section 62
.
Nonstatutory provisions.
AB487,22,319
(1)
Emergency rule authority. Using the procedure under s. 227.24, the
20psychology examining board may promulgate rules under ch. 455 that are necessary
21to implement the changes in this act. Notwithstanding s. 227.24 (1) (a) and (3), the
22board is not required to provide evidence that promulgating a rule under this
23subsection as an emergency rule is necessary for the preservation of the public peace,
24health, safety, or welfare and is not required to provide a finding of emergency for a
25rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
1the effective period of a rule promulgated under this subsection is for 2 years after
2its promulgation, or until permanent rules take effect, whichever is sooner, and the
3effective period may not be further extended under s. 227.24 (2).
AB487,63
4Section 63
.
Effective dates. This act takes effect on the first day of the 3rd
5month beginning after publication, except as follows:
AB487,22,66
(1)
Section 62 (1
) of this act takes effect on the day after publication.