SB378: Bill Text

LRB-4024/1

MED:amn

2019 - 2020 LEGISLATURE

2019 Senate BILL 378

August 29, 2019 - Introduced by Senators Darling, Bernier, Jacque, Larson and Stroebel, cosponsored by Representatives Tittl, Kitchens, Born, Bowen, Brostoff, Crowley, Dittrich, Jagler, Kulp, Neylon, Novak, Ott, Quinn, Rohrkaste, Skowronski, Tranel, VanderMeer, Vruwink and Zimmerman. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB378,2,2 An Act to repeal 455.01 (4), 455.01 (7), 455.02 (2m) (h), 455.02 (3m) (title), 455.045 (2), 455.065 (3), 455.07, 455.08 and 455.10; to renumber and amend 455.02 (1m) and 455.02 (3m); to amend 15.405 (10m), 48.375 (2) (c), 48.375 (4) (b) 1m., 49.45 (30f), 50.06 (4), 50.94 (8), 51.30 (1) (b), 54.01 (27), 155.05 (2), 440.08 (2) (a) (intro.), 440.88 (3m), 455.01 (3m), 455.02 (1m) (title), 455.02 (2m) (d), 455.02 (2m) (m), 455.03, 455.04 (title), 455.04 (1) (intro.), 455.04 (1) (b), 455.04 (1) (c), 455.04 (1) (e), 455.04 (3), 455.04 (5), 455.045 (1), 455.065 (1), 455.065 (4), 455.065 (5), 455.09 (1) (intro.), 455.09 (1) (b), 455.09 (1) (g), 455.09 (3) and 905.04 (1) (e); to repeal and recreate 455.01 (5), 455.01 (6), 455.02 (2m) (f), 455.02 (2m) (k), 455.04 (1) (d), 455.04 (4), 455.045 (3), 455.06 and 455.09 (title); and to create 455.02 (2m) (o) to (s), 455.025, 455.04 (1) (dm), 455.04 (2), 455.065 (6) and (7), 455.09 (1) (i), 455.09 (1) (j), 455.09 (4) and 455.095 of the statutes; relating to: the practice of psychology, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-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 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:

SB378,1 Section 1 . 15.405 (10m) of the statutes is amended to read:

SB378,3,9 15.405 (10m) Psychology examining board. There is created in the department of safety and professional services a psychology examining board consisting of 6 members appointed for staggered 4-year terms. Four of the members shall be psychologists licensed in this state. Each of the psychologist members shall represent a different specialty area within the field of psychology. Two members shall be public members. The governor shall, to the extent possible, nominate psychologists to the board who represent different specialty areas within the field of psychology.

SB378,2 Section 2 . 48.375 (2) (c) of the statutes is amended to read:

SB378,4,7 48.375 (2) (c) “Counselor" means a physician including a physician specializing in psychiatry, a licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, or an ordained member of the clergy. “Counselor" does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic, or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion.

SB378,3 Section 3 . 48.375 (4) (b) 1m. of the statutes is amended to read:

SB378,4,18 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in s. 455.01 (4), licensed under ch. 455 states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents, if the minor has been placed in a foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.

SB378,4 Section 4 . 49.45 (30f) of the statutes is amended to read:

SB378,5,8 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The department shall include licensed mental health professionals, as defined in s. 632.89 (1) (dm), and licensed psychologists , as defined in s. 455.01 (4) licensed under ch. 455, as providers of psychotherapy and of alcohol and other drug abuse services. Except for services provided under sub. (30e), the department may not require that licensed mental health professionals or licensed psychologists be supervised; may not require that clinical psychotherapy or alcohol and other drug abuse services be provided under a certified program; and, notwithstanding subs. (9) and (9m), may not require that a physician or other health care provider first prescribe psychotherapy or alcohol and other drug abuse services to be provided by a licensed mental health professional or licensed psychologist before the professional or psychologist may provide the services to the recipient. This subsection does not affect the department's powers under ch. 50 or 51 to establish requirements for facilities that are licensed, certified, or operated by the department.

SB378,5 Section 5 . 50.06 (4) of the statutes is amended to read:

SB378,5,20 50.06 (4) A determination that an individual is incapacitated for purposes of sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician and one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who personally examine the individual and sign a statement specifying that the individual is incapacitated. Mere old age, eccentricity, or physical disability, either singly or together, are insufficient to make a finding that an individual is incapacitated. Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has a claim on any portion of the individual's estate. A copy of the statement shall be included in the individual's records in the facility to which he or she is admitted.

SB378,6 Section 6 . 50.94 (8) of the statutes is amended to read:

SB378,6,6 50.94 (8) A determination that a person is incapacitated may be made only by 2 physicians or by one physician and one licensed psychologist, as defined in s. 455.01 (4), licensed under ch. 455 who personally examine the person and sign a statement specifying that the person is incapacitated. Mere old age, eccentricity , or physical disabilities, singly or together, are insufficient to determine that a person is incapacitated. Whoever determines that the person is incapacitated may not be a relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she is entitled to or has claim on any portion of the person's estate. A copy of the statement shall be included in the records of the incapacitated person in the hospice to which he or she is admitted.

SB378,7 Section 7. 51.30 (1) (b) of the statutes is amended to read:

SB378,6,17 51.30 (1) (b) “Treatment records" include the registration and all other records that are created in the course of providing services to individuals for mental illness, developmental disabilities, alcoholism, or drug dependence and that are maintained by the department; by county departments under s. 51.42 or 51.437 and their staffs; by treatment facilities; or by psychologists licensed under s. 455.04 (1) or (2) or licensed mental health professionals who are not affiliated with a county department or treatment facility. Treatment records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or records are not available to others.

SB378,8 Section 8 . 54.01 (27) of the statutes is amended to read:

SB378,6,20 54.01 (27) “Psychologist" means a licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455.

SB378,9 Section 9 . 155.05 (2) of the statutes is amended to read:

SB378,7,7 155.05 (2) Unless otherwise specified in the power of attorney for health care instrument, an individual's power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity, or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.

SB378,10 Section 10 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB378,7,12 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

SB378,11 Section 11. 440.88 (3m) of the statutes is amended to read:

SB378,7,20 440.88 (3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a licensed psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), a marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.

SB378,12 Section 12. 455.01 (3m) of the statutes is amended to read:

SB378,7,25 455.01 (3m) “Fee" “ Fee," when used other than in reference to a fee for a credential, means direct or indirect payment or compensation, monetary or otherwise, including the expectation of payment or compensation whether or not actually received.

SB378,13 Section 13. 455.01 (4) of the statutes is repealed.

SB378,14 Section 14 . 455.01 (5) of the statutes is repealed and recreated to read:

SB378,8,6 455.01 (5) (a) “Practice of psychology" means the observation, description, evaluation, interpretation, prediction, or modification of human behavior by the application of psychological principles, methods, or procedures for any of the following purposes, in exchange for a fee:

SB378,8,9 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior and promoting adaptive health maintaining behavior or psychological functioning.

SB378,8,11 2. Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness.

SB378,8,12 3. Assisting in legal decision making.

SB378,8,14 (b) “Practice of psychology" includes all of the following if done in exchange for a fee:

SB378,8,17 1. Psychological testing and the evaluation or assessment of a person's characteristics, including intelligence; personality; cognitive, physical, or emotional abilities; skills; interests; aptitudes; or neuropsychological functioning.

SB378,8,19 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior therapy, and applied behavior analysis.

SB378,8,22 3. The diagnosis, treatment, or management of mental and emotional disorders or disabilities, substance use disorders, disorders of habit or conduct, and the psychological aspects of physical illnesses, accidents, injuries, or disabilities.

SB378,8,23 4. Psychoeducational evaluation, therapy, or remediation.

SB378,9,3 5. Consultation with other psychologists, physicians, or other health care professionals and with a patient regarding all available treatment options with respect to the provision of care for a specific patient or client.

SB378,9,6 6. The provision of direct services to individuals or groups for the purposes of enhancing individual or organizational effectiveness, using psychological principles, methods, or procedures.

SB378,9,7 7. The supervision of anything specified in subds. 1. to 6.

SB378,15 Section 15. 455.01 (6) of the statutes is repealed and recreated to read:

SB378,9,14 455.01 (6) “Psychotherapy" means the diagnosis and treatment of mental, emotional, or behavioral disorders, conditions, or addictions through the application of methods derived from established psychological or systemic principles, including for the purpose of assisting individuals with modifying their behaviors, cognitions, emotions, or personality characteristics, or for the purpose of understanding unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.

SB378,16 Section 16. 455.01 (7) of the statutes is repealed.

SB378,17 Section 17 . 455.02 (1m) (title) of the statutes is amended to read:

SB378,9,17 455.02 (1m) (title) License required to practice.

SB378,18 Section 18 . 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and amended to read:

SB378,9,23 455.02 (1m) (a) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, no person may engage in the practice of psychology or the private practice of school psychology, or attempt to do so or make a representation as authorized to do so, without a license issued by the examining board.

SB378,19 Section 19 . 455.02 (2m) (d) of the statutes is amended to read:

SB378,10,19 455.02 (2m) (d) A person employed in a position as a psychologist or psychological assistant by an a regionally accredited college, junior college or university or other academic or research higher educational institution, if the person is performing activities that are a part of the duties for which he or she is employed, is performing those activities solely within the confines of or under the jurisdictions of the institution in which he or she is employed, and does not render or offer to render 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 institution with which he or she is employed. An individual acting under this paragraph may, without obtaining a license under s. 455.04 (1) or (4), disseminate research findings and scientific information to others, such as accredited academic institutions or governmental agencies, or may offer lecture services for a fee. teach the practice of psychology, conduct psychological research, present lectures on the practice of psychology, perform any consultation required by his or her academic or research functions, or provide expert testimony in court related to his or her field of expertise. A person employed in a position under this paragraph may utilize or represent himself or herself by the academic or research title conferred upon him or her by the administration of the laboratory, school, college, or university or use the title “psychology professor” or “academic psychologist.”