LRB-1206/1
MED:amn
2019 - 2020 LEGISLATURE
October 1, 2019 - Introduced by Representatives Tittl, Kitchens, Born, Bowen,
Brostoff, Crowley, Dittrich, Jagler, Kulp, Neylon, Ott, Quinn, Rohrkaste,
Skowronski, Tranel, VanderMeer, Vruwink and Zimmerman, cosponsored by
Senators Darling, Bernier, Jacque, Larson and Stroebel. Referred to
Committee on Health.
AB487,2,2
1An Act to repeal 455.01 (4), 455.01 (7), 455.02 (2m) (h), 455.02 (3m) (title),
2455.045 (2), 455.065 (3), 455.07, 455.08 and 455.10;
to renumber and amend
3455.02 (1m) and 455.02 (3m);
to amend 15.405 (10m), 48.375 (2) (c), 48.375 (4)
4(b) 1m., 49.45 (30f), 50.06 (4), 50.94 (8), 51.30 (1) (b), 54.01 (27), 155.05 (2),
5440.08 (2) (a) (intro.), 440.88 (3m), 455.01 (3m), 455.02 (1m) (title), 455.02 (2m)
6(d), 455.02 (2m) (m), 455.03, 455.04 (title), 455.04 (1) (intro.), 455.04 (1) (b),
7455.04 (1) (c), 455.04 (1) (e), 455.04 (3), 455.04 (5), 455.045 (1), 455.065 (1),
8455.065 (4), 455.065 (5), 455.09 (1) (intro.), 455.09 (1) (b), 455.09 (1) (g), 455.09
9(3) and 905.04 (1) (e);
to repeal and recreate 455.01 (5), 455.01 (6), 455.02
10(2m) (f), 455.02 (2m) (k), 455.04 (1) (d), 455.04 (4), 455.045 (3), 455.06 and
11455.09 (title); and
to create 455.02 (2m) (o) to (s), 455.025, 455.04 (1) (dm),
12455.04 (2), 455.065 (6) and (7), 455.09 (1) (i), 455.09 (1) (j), 455.09 (4) and
13455.095 of the statutes;
relating to: the practice of psychology, extending the
14time limit for emergency rule procedures, providing an exemption from
1emergency rule procedures, granting rule-making authority, and requiring the
2exercise 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
of psychology.
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 school psychologists
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
exemptions.
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.
Interim license
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 postdoctoral 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.
Continuing education
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
psychology, including:
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:
AB487,1
1Section 1
. 15.405 (10m) of the statutes is amended to read:
AB487,3,92
15.405
(10m) Psychology examining board. There is created in the
3department of safety and professional services a psychology examining board
4consisting of 6 members appointed for staggered 4-year terms. Four of the members
5shall be psychologists licensed in this state.
Each of the psychologist members shall
6represent a different specialty area within the field of psychology. Two members
7shall be public members.
The governor shall, to the extent possible, nominate
8psychologists to the board who represent different specialty areas within the field of
9psychology.
AB487,2
10Section 2
. 48.375 (2) (c) of the statutes is amended to read:
AB487,4,7
148.375
(2) (c) “Counselor" means a physician including a physician specializing
2in psychiatry, a
licensed psychologist
, as defined in s. 455.01 (4) licensed under ch.
3455, or an ordained member of the clergy. “Counselor" does not include any person
4who is employed by or otherwise affiliated with a reproductive health care facility,
5a family planning clinic
, or a family planning agency; any person affiliated with the
6performance of abortions, except abortions performed to save the life of the mother;
7or any person who may profit from giving advice to seek an abortion.
AB487,3
8Section 3
. 48.375 (4) (b) 1m. of the statutes is amended to read:
AB487,4,189
48.375
(4) (b) 1m. A physician who specializes in psychiatry or a
licensed 10psychologist
, as defined in s. 455.01 (4), licensed under ch. 455 states in writing that
11the physician or psychologist believes, to the best of his or her professional judgment
12based on the facts of the case before him or her, that the minor is likely to commit
13suicide rather than file a petition under s. 48.257 or approach her parent, or guardian
14or legal custodian, if one has been appointed, or an adult family member of the minor,
15or one of the minor's foster parents, if the minor has been placed in a foster home and
16the minor's parent has signed a waiver granting the department, a county
17department, or the foster parent the authority to consent to medical services or
18treatment on behalf of the minor, for consent.
AB487,4
19Section 4
. 49.45 (30f) of the statutes is amended to read:
AB487,5,820
49.45
(30f) Psychotherapy and alcohol and other drug abuse services. The
21department shall include licensed mental health professionals, as defined in s.
22632.89 (1) (dm), and
licensed psychologists
, as defined in s. 455.01 (4) licensed under
23ch. 455, as providers of psychotherapy and of alcohol and other drug abuse services.
24Except for services provided under sub. (30e), the department may not require that
25licensed mental health professionals or licensed psychologists be supervised; may
1not require that clinical psychotherapy or alcohol and other drug abuse services be
2provided under a certified program; and, notwithstanding subs. (9) and (9m), may
3not require that a physician or other health care provider first prescribe
4psychotherapy or alcohol and other drug abuse services to be provided by a licensed
5mental health professional or licensed psychologist before the professional or
6psychologist may provide the services to the recipient. This subsection does not
7affect the department's powers under ch. 50 or 51 to establish requirements for
8facilities that are licensed, certified, or operated by the department.
AB487,5
9Section 5
. 50.06 (4) of the statutes is amended to read:
AB487,5,2010
50.06
(4) A determination that an individual is incapacitated for purposes of
11sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician
12and one
licensed psychologist
, as defined in s. 455.01 (4) licensed under ch. 455, who
13personally examine the individual and sign a statement specifying that the
14individual is incapacitated. Mere old age, eccentricity
, or physical disability, either
15singly or together, are insufficient to make a finding that an individual is
16incapacitated. Neither of the individuals who make a finding that an individual is
17incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have
18knowledge that he or she is entitled to or has a claim on any portion of the individual's
19estate. A copy of the statement shall be included in the individual's records in the
20facility to which he or she is admitted.
AB487,6
21Section 6
. 50.94 (8) of the statutes is amended to read:
AB487,6,622
50.94
(8) A determination that a person is incapacitated may be made only by
232 physicians or by one physician and one
licensed psychologist
, as defined in s. 455.01
24(4), licensed under ch. 455 who personally examine the person and sign a statement
25specifying that the person is incapacitated. Mere old age, eccentricity
, or physical
1disabilities, singly or together, are insufficient to determine that a person is
2incapacitated. Whoever determines that the person is incapacitated may not be a
3relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she
4is entitled to or has claim on any portion of the person's estate. A copy of the
5statement shall be included in the records of the incapacitated person in the hospice
6to which he or she is admitted.
AB487,7
7Section
7. 51.30 (1) (b) of the statutes is amended to read:
AB487,6,178
51.30
(1) (b) “Treatment records" include the registration and all other records
9that are created in the course of providing services to individuals for mental illness,
10developmental disabilities, alcoholism, or drug dependence and that are maintained
11by the department; by county departments under s. 51.42 or 51.437 and their staffs;
12by treatment facilities; or by psychologists licensed under s. 455.04 (1)
or (2) or
13licensed mental health professionals who are not affiliated with a county department
14or treatment facility. Treatment records do not include notes or records maintained
15for personal use by an individual providing treatment services for the department,
16a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or
17records are not available to others.
AB487,8
18Section 8
. 54.01 (27) of the statutes is amended to read:
AB487,6,2019
54.01
(27) “Psychologist" means a
licensed psychologist
, as defined in s. 455.01
20(4) licensed under ch. 455.
AB487,9
21Section 9
. 155.05 (2) of the statutes is amended to read:
AB487,7,722
155.05
(2) Unless otherwise specified in the power of attorney for health care
23instrument, an individual's power of attorney for health care takes effect upon a
24finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and
25one
licensed psychologist
, as defined in s. 455.01 (4) licensed under ch. 455, who
1personally examine the principal and sign a statement specifying that the principal
2has incapacity. Mere old age, eccentricity
, or physical disability, either singly or
3together, are insufficient to make a finding of incapacity. Neither of the individuals
4who make a finding of incapacity may be a relative of the principal or have knowledge
5that he or she is entitled to or has a claim on any portion of the principal's estate.
6A copy of the statement, if made, shall be appended to the power of attorney for health
7care instrument.
AB487,10
8Section 10
. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB487,7,129
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
10444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e),
455.06 (1) (b), 463.10,
11463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
12follows:
AB487,11
13Section
11. 440.88 (3m) of the statutes is amended to read:
AB487,7,2014
440.88
(3m) Exception. This section does not apply to a physician, as defined
15in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a
licensed 16psychologist
, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), a marriage
17and family therapist, as defined in s. 457.01 (3), or a professional counselor, as
18defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or
19provides substance abuse counseling, treatment, or prevention services within the
20scope of his or her licensure.
AB487,12
21Section
12. 455.01 (3m) of the statutes is amended to read:
AB487,7,2522
455.01
(3m) “Fee" “
Fee," when used other than in reference to a fee for a
23credential, means direct or indirect payment or compensation, monetary or
24otherwise, including the expectation of payment or compensation whether or not
25actually received.
AB487,13
1Section
13. 455.01 (4) of the statutes is repealed.
AB487,14
2Section 14
. 455.01 (5) of the statutes is repealed and recreated to read:
AB487,8,63
455.01
(5) (a) “Practice of psychology" means the observation, description,
4evaluation, interpretation, prediction, or modification of human behavior by the
5application of psychological principles, methods, or procedures for any of the
6following purposes, in exchange for a fee:
AB487,8,97
1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic,
8maladaptive, or undesired behavior and promoting adaptive health maintaining
9behavior or psychological functioning.
AB487,8,1110
2. Evaluating, assessing, or facilitating the enhancement of individual, group,
11or organizational effectiveness.
AB487,8,1212
3. Assisting in legal decision making.
AB487,8,1413
(b) “Practice of psychology" includes all of the following if done in exchange for
14a fee:
AB487,8,1715
1. Psychological testing and the evaluation or assessment of a person's
16characteristics, including intelligence; personality; cognitive, physical, or emotional
17abilities; skills; interests; aptitudes; or neuropsychological functioning.
AB487,8,1918
2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis,
19biofeedback, behavior therapy, and applied behavior analysis.
AB487,8,2220
3. The diagnosis, treatment, or management of mental and emotional disorders
21or disabilities, substance use disorders, disorders of habit or conduct, and the
22psychological aspects of physical illnesses, accidents, injuries, or disabilities.
AB487,8,2323
4. Psychoeducational evaluation, therapy, or remediation.
AB487,9,3
15. Consultation with other psychologists, physicians, or other health care
2professionals and with a patient regarding all available treatment options with
3respect to the provision of care for a specific patient or client.
AB487,9,64
6. The provision of direct services to individuals or groups for the purposes of
5enhancing individual or organizational effectiveness, using psychological principles,
6methods, or procedures.
AB487,9,77
7. The supervision of anything specified in subds. 1. to 6.
AB487,15
8Section
15. 455.01 (6) of the statutes is repealed and recreated to read:
AB487,9,149
455.01
(6) “Psychotherapy" means the diagnosis and treatment of mental,
10emotional, or behavioral disorders, conditions, or addictions through the application
11of methods derived from established psychological or systemic principles, including
12for the purpose of assisting individuals with modifying their behaviors, cognitions,
13emotions, or personality characteristics, or for the purpose of understanding
14unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.
AB487,16
15Section
16. 455.01 (7) of the statutes is repealed.
AB487,17
16Section 17
. 455.02 (1m) (title) of the statutes is amended to read:
AB487,9,1717
455.02
(1m) (title)
License required
to practice.
AB487,18
18Section 18
. 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and
19amended to read:
AB487,9,2320
455.02
(1m) (a) Except as provided in
s. sub. (2m) and ss. 257.03
and 455.03,
21no person may engage in the practice of psychology
or the private practice of school
22psychology, or attempt to do so or make a representation as authorized to do so,
23without a license issued by the examining board.
AB487,19
24Section 19
. 455.02 (2m) (d) of the statutes is amended to read:
AB487,10,19
1455.02
(2m) (d) A person employed in a position as a psychologist or
2psychological assistant by
an a regionally accredited
college, junior college or
3university or other academic or research higher educational institution, if the person
4is performing activities that are a part of the duties for which he or she is employed,
5is performing those activities solely within the confines of or under the jurisdictions
6of the institution in which he or she is employed
, and does not render or offer to
7render psychological services to the public for a fee over and above the salary that
8he or she receives for the performance of the official duties with the institution with
9which he or she is employed. An individual acting under this paragraph may
,
10without obtaining a license under s. 455.04 (1) or (4), disseminate research findings
11and scientific information to others, such as accredited academic institutions or
12governmental agencies, or may offer lecture services for a fee.
teach the practice of
13psychology, conduct psychological research, present lectures on the practice of
14psychology, perform any consultation required by his or her academic or research
15functions, or provide expert testimony in court related to his or her field of expertise.
16A person employed in a position under this paragraph may utilize or represent
17himself or herself by the academic or research title conferred upon him or her by the
18administration of the laboratory, school, college, or university or use the title
19“psychology professor” or “academic psychologist.”
AB487,20
20Section 20
. 455.02 (2m) (f) of the statutes is repealed and recreated to read: