SB378: Bill Text

SB378,11,3 455.02 (2m) (f) A person providing psychological services as part of a psychology training program, if his or her activities and services constitute a part of the supervised course of study and are performed under the supervision of a psychologist licensed under this chapter and the person does not provide or offer to provide psychological services to the public for a fee over and above any salary that he or she may receive for the performance of the official duties with the employing agency or organization. A person providing services under this paragraph may use the title “psychology student,” “psychology intern,” or “psychology resident.”

SB378,21 Section 21 . 455.02 (2m) (h) of the statutes is repealed.

SB378,22 Section 22 . 455.02 (2m) (k) of the statutes is repealed and recreated to read:

SB378,11,8 455.02 (2m) (k) A person not trained as a psychologist whose activities are limited to educational or vocational counseling or testing that is performed in a human resources, personnel, or educational setting.

SB378,23 Section 23 . 455.02 (2m) (m) of the statutes is amended to read:

SB378,11,17 455.02 (2m) (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.

SB378,24 Section 24 . 455.02 (2m) (o) to (s) of the statutes are created to read:

SB378,12,7 455.02 (2m) (o) A person providing psychological services as an employee of a 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, 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, and has received a master's degree in psychology from a regionally accredited higher educational institution or has fulfilled requirements commensurate with a master's degree, as determined by the examining board. The examining board may promulgate rules to further establish requirements for exemptions under this paragraph for persons who do not hold a master's degree in psychology. A person providing services under this paragraph may use the title “psychological associate.”

SB378,12,12 (p) A person providing psychological services under the supervision of a psychologist licensed under this chapter as part of a formal psychology fellowship program that meets the program standards of the Association of Psychology Postdoctoral and Internship Centers or its successor organization. A person providing services under this paragraph may use the title “psychology fellow.”

SB378,12,14 (q) A person whose activities are limited to testifying in a court in this state regarding services rendered in another state.

SB378,12,18 (r) A person engaging in the private practice of school psychology who holds a valid private practice school psychologist license issued under s. 455.04 (4), 2017 stats. A person acting under this paragraph may use the title “private practice school psychologist.”

SB378,12,21 (s) A person who holds a doctoral degree in psychology but does not engage in the practice of psychology. A person described in this paragraph may use the title “psychologist” or “doctor of psychology.”

SB378,25 Section 25 . 455.02 (3m) (title) of the statutes is repealed.

SB378,26 Section 26 . 455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and amended to read:

SB378,13,9 455.02 (1m) (b) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (2) 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. sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (4) or (2) may represent himself or herself to the public by any description of services incorporating the word “psychological" or “psychology "..”

SB378,27 Section 27 . 455.025 of the statutes is created to read:

SB378,13,13 455.025 Practice of medicine and surgery. Nothing in this chapter shall be construed to authorize a psychologist to engage in the practice of medicine and surgery.

SB378,28 Section 28. 455.03 of the statutes is amended to read:

SB378,14,3 455.03 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 a Canadian 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 provide psychological services as a psychologist in this state for on 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. A psychologist provides psychological services in this state for purposes of this section whenever the patient or client is located in this state, regardless of whether the psychologist is temporarily located in this state or is providing services by electronic or telephonic means from the state or province where the psychologist is licensed. In this section, “day” means any part of a day during which psychological services are rendered.

SB378,29 Section 29 . 455.04 (title) of the statutes is amended to read:

SB378,14,6 455.04 (title) Licensure of psychologists and private practice school psychologists.

SB378,30 Section 30 . 455.04 (1) (intro.) of the statutes is amended to read:

SB378,14,13 455.04 (1) (intro.) The department Subject to s. 455.09, the examining board shall issue grant 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) determined by the department under s. 440.03 (9), and is found by the examining board to meet satisfies all of the following requirements:

SB378,31 Section 31 . 455.04 (1) (b) of the statutes is amended to read:

SB378,14,16 455.04 (1) (b) Subject to ss. 111.321, 111.322 , and 111.335, not have an arrest or a conviction record.

SB378,32 Section 32 . 455.04 (1) (c) of the statutes is amended to read:

SB378,15,2 455.04 (1) (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 program accredited by the American Psychological Association or the Canadian Psychological Association, or have had other academic training or specialized experience, which in the opinion of that the examining board is determines to be substantially equivalent thereto based upon standards established by rule. The examining 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.

SB378,33 Section 33 . 455.04 (1) (d) of the statutes is repealed and recreated to read:

SB378,15,5 455.04 (1) (d) Complete any predoctoral supervised experience requirements established by the examining board by rule.

SB378,34 Section 34 . 455.04 (1) (dm) of the statutes is created to read:

SB378,15,8 455.04 (1) (dm) Complete any postdoctoral supervised experience requirements established by the examining board by rule.

SB378,35 Section 35 . 455.04 (1) (e) of the statutes is amended to read:

SB378,15,14 455.04 (1) (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).

SB378,36 Section 36 . 455.04 (2) of the statutes is created to read:

SB378,15,21 455.04 (2) Subject to s. 455.09, the examining board shall grant an interim psychologist license to an individual who submits an application for the license, pays the fee specified under s. 440.05 (6), and satisfies the requirements for a license under sub. (1) (a) to (f), other than the requirement under sub. (1) (dm). An individual licensed under this subsection may provide psychological services only under the supervision of qualified supervisors, as determined by the examining board.

SB378,37 Section 37 . 455.04 (3) of the statutes is amended to read:

SB378,16,4 455.04 (3) The examining board may waive the requirements of sub. (1) (c) and (d) to (e) if a candidate holds a diploma of the American board of examiners in professional psychology, or an applicant holds a certificate or license of an examining board of some other state or territory or foreign country or a Canadian province, if the standards of such other examining board are deemed by the members of this examining board to be substantially equivalent to the standards of this state and like reciprocity is extended to holders of licenses issued by this state.

SB378,38 Section 38 . 455.04 (4) of the statutes is repealed and recreated to read:

SB378,16,11 455.04 (4) An individual who, on the day before the effective date of this subsection .... [LRB inserts date], held a valid private practice school psychologist license under s. 455.04 (4), 2017 stats., may continue to renew that license as provided in s. 455.06. The examining board may not grant any initial private practice school psychologist license based on an application received on or after the effective date of this subsection .... [LRB inserts date].

SB378,39 Section 39 . 455.04 (5) of the statutes is amended to read:

SB378,16,16 455.04 (5) Applicants for licensure under subs. (1) and (4) this section 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.

SB378,40 Section 40 . 455.045 (1) of the statutes is amended to read:

SB378,16,21 455.045 (1) The examining board shall administer In order to qualify for a psychologist license under s. 455.04 (1) or (2), an applicant must have passed all of the following examinations for psychologist licensure at least semiannually at times and places determined by the examining board:

SB378,16,22 (a) A written examination on the professional practice of psychology.

SB378,16,24 (b) A written examination in the elements of practice essential to the public health, safety or welfare on state law related to the practice of psychology.

SB378,41 Section 41 . 455.045 (2) of the statutes is repealed.

SB378,42 Section 42. 455.045 (3) of the statutes is repealed and recreated to read:

SB378,17,4 455.045 (3) The examining board shall set passing scores for examinations under sub. (1) (a) or (b). The examining board may adopt passing scores recommended by test developers.

SB378,43 Section 43. 455.06 of the statutes is repealed and recreated to read:

SB378,17,9 455.06 Renewals. (1) (a) Except as provided in par. (b), the renewal dates for licenses issued under this chapter or under s. 455.04 (4), 2017 stats., are 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).

SB378,17,15 (b) A license issued under s. 455.04 (2) is valid for 2 years or until the individual obtains a license under s. 455.04 (1) and may not be renewed, except that the examining board may promulgate rules specifying circumstances in which the examining board, in cases of hardship, may allow an individual to renew a license issued under s. 455.04 (2). Notwithstanding sub. (2), an individual holding a license issued under s. 455.04 (2) is not required to complete continuing education.

SB378,17,19 (2) An applicant for renewal of a license issued under this chapter or under s. 455.04 (4), 2017 stats., shall include with his or her application proof in the form specified by the examining board that he or she has completed the hours of continuing education required under s. 455.065.

SB378,44 Section 44 . 455.065 (1) of the statutes is amended to read:

SB378,18,4 455.065 (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. The examining board may establish criteria for the substitution of hours of professional activities to meet continuing education requirements. A licensee shall retain for a minimum period of 6 years and shall make available to the examining board or its agent upon request proof that the licensee completed the required continuing education.

SB378,45 Section 45 . 455.065 (3) of the statutes is repealed.

SB378,46 Section 46 . 455.065 (4) of the statutes is amended to read:

SB378,18,8 455.065 (4) Approve continuing education programs and courses in accordance with the criteria established under subs. sub. (1) and (3).

SB378,47 Section 47. 455.065 (5) of the statutes is amended to read:

SB378,18,16 455.065 (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. sub. (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.

SB378,48 Section 48 . 455.065 (6) and (7) of the statutes are created to read:

SB378,18,23 455.065 (6) Grant a postponement of or waiver from the continuing education requirements under this section based upon the grounds of prolonged illness or disability or on other grounds constituting extreme hardship. The examining board shall consider each application individually on its merits, and the examining board may grant a postponement, partial waiver, or total waiver of the requirement as the examining board deems appropriate.

SB378,19,5 (7) Grant an exemption from the continuing education requirements under this section to a psychologist who certifies to the examining board that he or she has permanently retired from the practice of psychology. A psychologist who has been granted an exemption under this subsection may not return to active practice without submitting evidence satisfactory to the examining board of having completed the required continuing education credits within the 2-year period prior to the return to the practice of psychology.

SB378,49 Section 49. 455.07 of the statutes is repealed.

SB378,50 Section 50 . 455.08 of the statutes is repealed.

SB378,51 Section 51. 455.09 (title) of the statutes is repealed and recreated to read:

SB378,19,9 455.09 (title) Disciplinary proceedings and actions.

SB378,52 Section 52. 455.09 (1) (intro.) of the statutes is amended to read:

SB378,19,14 455.09 (1) (intro.) 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, or revoke or impose probationary conditions upon a license or reprimand a licensee if the applicant or licensee:

SB378,53 Section 53. 455.09 (1) (b) of the statutes is amended to read:

SB378,19,23 455.09 (1) (b) Subject to ss. 111.321, 111.322 , and 111.34, engaged engages in the practice of psychology or the private practice of school psychology while his or her ability to practice was is impaired by alcohol or other drugs or while otherwise having a mental or physical impairment. In this paragraph, “mental or physical impairment" means a mental or physical impairment that would limit or eliminate a licensee's ability to engage in the practice of psychology at the minimum level required to competently discharge his or her tasks or duties and to protect the public interest while so doing.

SB378,54 Section 54. 455.09 (1) (g) of the statutes is amended to read:

SB378,20,2 455.09 (1) (g) Violates this chapter or any rule of professional conduct promulgated under this chapter.

SB378,55 Section 55. 455.09 (1) (i) of the statutes is created to read:

SB378,20,6 455.09 (1) (i) Refuses to submit to an examination under s. 455.095, or is found to be physically or mentally incapable of engaging in the practice of psychology under s. 455.095.

SB378,56 Section 56 . 455.09 (1) (j) of the statutes is created to read:

SB378,20,9 455.09 (1) (j) Practices outside the scope of his or her training, experience, or education without appropriate supervision.

SB378,57 Section 57 . 455.09 (3) of the statutes is amended to read:

SB378,20,17 455.09 (3) A revoked license may not be renewed. One year from the date of revocation An individual may, no sooner than one year after the date of revocation, apply for reinstatement 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.

SB378,58 Section 58 . 455.09 (4) of the statutes is created to read:

SB378,20,21 455.09 (4) The examining board may conduct an audit on any licensee under investigation by the examining board for compliance with continuing education requirements under s. 455.065.

SB378,59 Section 59. 455.095 of the statutes is created to read:

SB378,21,6 455.095 Determination of mental or physical impairment. (1) When there is reasonable cause to believe that an individual licensed under this chapter or applicant for a license under this chapter is physically or mentally incapable of engaging in the practice of psychology with reasonable skill such that the applicant or licensee may endanger the safety of patients or clients, the examining board may require the licensee or applicant in question to submit to a psychological examination by a psychologist designated by the examining board to determine psychological functioning to practice or a physical examination by a physician designated by the examining board to determine physical functioning to practice.

SB378,21,12 (2) The examining board shall consider the findings and conclusions of an examination under sub. (1) and any other evidence or material submitted to the examining board by the licensee or applicant in question or any other individual and shall determine if the licensee or applicant is physically or mentally incapable of engaging in the practice of psychology with reasonable skill such that the applicant or licensee may endanger the safety of patients or clients.

SB378,60 Section 60. 455.10 of the statutes is repealed.

SB378,61 Section 61. 905.04 (1) (e) of the statutes is amended to read:

SB378,21,17 905.04 (1) (e) “Psychologist" means a licensed psychologist, as that term is defined in s. 455.01 (4) licensed under ch. 455, or a person reasonably believed by the patient to be a psychologist.

SB378,62 Section 62 . Nonstatutory provisions.

SB378,22,3 (1) Emergency rule authority. Using the procedure under s. 227.24, the psychology examining board may promulgate rules under ch. 455 that are necessary to implement the changes in this act. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), the effective period of a rule promulgated under this subsection is for 2 years after its promulgation, or until permanent rules take effect, whichever is sooner, and the effective period may not be further extended under s. 227.24 (2).

SB378,63 Section 63 . Effective dates. This act takes effect on the first day of the 3rd month beginning after publication, except as follows: