SB378: Bill Text

SB378,43 Section 43. 455.06 of the statutes is repealed and recreated to read: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SB378,45 Section 45 . 455.065 (3) of the statutes is repealed.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:

SB378,22,6 (1) Section 62 (1 ) of this act takes effect on the day after publication.

SB378,22,7 (End)