2021 Wisconsin Act 131

131,20 Section 20. 440.03 (13) (b) (intro.) of the statutes is amended to read:

440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., and 448.985 (3) (a) 4. , and 455.50 (3) (e) 4. and (f) 4.:

131,21 Section 21. 440.03 (13) (c) of the statutes is amended to read:

440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact license under s. 448.05 (2) (f), an applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an applicant for a psychologist license under s. 455.04, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), and of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

131,22 Section 22. 440.15 of the statutes, as affected by 2021 Wisconsin Act 25, is amended to read:

440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 450.071 (3) (c) 9., and 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.

131,23 Section 23. 446.01 (1v) (L) of the statutes is amended to read:

446.01 (1v) (L) Psychology examining board under ch. 455. “Health care professional" also includes an individual who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

131,24 Section 24. 450.10 (3) (a) 9. of the statutes is amended to read:

450.10 (3) (a) 9. A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

131,25 Section 25. Chapter 455 (title) of the statutes is amended to read:

CHAPTER 455
PSYCHOLOGY EXAMINING BOARD

131,26 Section 26 . Subchapter I (title) of chapter 455 [precedes 455.01] of the statutes is created to read:

chapter 455

Subchapter I

REGULATION OF PSYCHOLOGY

131,27 Section 27. 455.01 (intro.) of the statutes is amended to read:

455.01 Definitions. (intro.) In this chapter subchapter:

131,28 Section 28. 455.01 (1) of the statutes is created to read:

455.01 (1) “Authority to practice interjurisdictional telepsychology" has the meaning given in s. 455.50 (2) (b).

131,29 Section 29. 455.01 (2m) of the statutes is created to read:

455.01 (2m) “E.Passport” has the meaning given in s. 455.50 (2) (g).

131,30 Section 30. 455.01 (3r) of the statutes is created to read:

455.01 (3r) “Interjurisdictional practice certificate” has the meaning given in s. 455.50 (2) (im).

131,31 Section 31. 455.01 (9) of the statutes is created to read:

455.01 (9) “Temporary authorization to practice” has the meaning given in s. 455.50 (2) (o).

131,32 Section 32. 455.02 (2m) (intro.) of the statutes is amended to read:

455.02 (2m) Exceptions. (intro.) A license under this chapter subchapter is not required for any of the following:

131,33 Section 33. 455.02 (2m) (f) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

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 subchapter and the person does not provide or offer to provide psychological services to the public for a fee over and above the 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.”

131,34 Section 34. 455.02 (2m) (p) of the statutes, as created by 2021 Wisconsin Act 22, is amended to read:

455.02 (2m) (p) A person providing psychological services under the supervision of a psychologist licensed under this chapter subchapter as part of a formal psychology fellowship program that meets the program standards of an organization as determined by the examining board. A person providing services under this paragraph may use the title “psychology fellow.”

131,35 Section 35. 455.03 (title) of the statutes is amended to read:

455.03 (title) Temporary practice ; telepsychology.

131,36 Section 36. 455.03 of the statutes, as affected by 2021 Wisconsin Act 22, is renumbered 455.03 (1) (b) and amended to read:

455.03 (1) (b) 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 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 provide psychological services in this state on not more than 60 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 days within a year.

(a) In this section subsection, “day” means any part of a day during which psychological services are rendered.

131,37 Section 37. 455.03 (2) of the statutes is created to read:

455.03 (2) An individual who holds a valid interjurisdictional practice certificate may exercise the temporary authorization to practice in this state, subject to ss. 455.50 (5) and 455.51 (2) (a) 1. and (b) 1.

131,38 Section 38. 455.03 (3) of the statutes is created to read:

455.03 (3) An individual who holds a valid E.Passport may practice under the authority to practice interjurisdictional telepsychology as provided in and subject to ss. 455.50 (4) and (6) and 455.51 (2) (a) 2. and (b) 2.

131,39 Section 39. 455.06 (1) (a) and (2) of the statutes, as affected by 2021 Wisconsin Act 22, are amended to read:

455.06 (1) (a) Except as provided in par. (b), the renewal dates for licenses issued under this chapter subchapter or under s. 455.04 (4), 2019 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).

(2) An applicant for renewal of a license issued under this chapter subchapter or under s. 455.04 (4), 2019 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.

131,40 Section 40. 455.09 (1) (intro.) of the statutes is amended to read:

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, revoke or impose probationary conditions upon a license, authority to practice interjurisdictional telepsychology, or temporary authorization to practice or reprimand a licensee or a holder of authority to practice interjurisdictional telepsychology or temporary authorization to practice if the applicant or, licensee, or holder does any of the following:

131,41 Section 41. 455.09 (1) (c) of the statutes is amended to read:

455.09 (1) (c) Impersonates another person holding a license under this chapter subchapter or allows another person to use his or her license, E.Passport, interjurisdictional practice certificate, authority to practice interjurisdictional telepsychology, or temporary authorization to practice.

131,42 Section 42. 455.09 (1) (d) of the statutes is amended to read:

455.09 (1) (d) Uses fraud or deception in applying for a license under this chapter subchapter, an E.Passport, or an interjurisdictional practice certificate.

131,43 Section 43. 455.09 (1) (g) of the statutes is amended to read:

455.09 (1) (g) Violates this chapter subchapter or any rule of professional conduct promulgated under this chapter subchapter.

131,44 Section 44. 455.09 (3) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

455.09 (3) A revoked license may not be renewed. An individual may, no sooner than one year after the date of revocation, apply for reinstatement of a license under this chapter subchapter. 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.

131,45 Section 45. 455.11 of the statutes is amended to read:

455.11 Penalty. Any person who violates this chapter subchapter may be fined not more than $200 or imprisoned not exceeding 6 months or both.

131,46 Section 46 . Subchapter II of chapter 455 [precedes 455.50] of the statutes is created to read:

chapter 455

Subchapter II

PSYCHOLOGY INTERJURISDICTIONAL
COMPACT (PSYPACT)

455.50 Psychology interjurisdictional compact. (1) Article I — Purpose.

Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

Whereas, this compact is intended to regulate the day to day practice of telepsychology (i.e. the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;

Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state;

Whereas, this compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;

Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and

Whereas, this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.

Consistent with these principles, this compact is designed to achieve the following purposes and objectives:

(a) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;

(b) Enhance the states' ability to protect the public's health and safety, especially client/patient safety;

(c) Encourage the cooperation of compact states in the areas of psychology licensure and regulation;

(d) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history;

(e) Promote compliance with the laws governing psychological practice in each compact state; and

(f) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

(2) Article II — Definitions. (a) “Adverse action" means: Any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

(am) “Association of State and Provincial Psychology Boards (ASPPB)" means: the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

(b) “Authority to practice interjurisdictional telepsychology" means: a licensed psychologist's authority to practice telepsychology, within the limits authorized under this compact, in another compact state.

(bm) “Bylaws" means: those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to sub. (10) for its governance, or for directing and controlling its actions and conduct.

(c) “Client/patient" means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, and/or consulting services.

(cm) “Commissioner" means: the voting representative appointed by each state psychology regulatory authority pursuant to sub. (10).

(d) “Compact state" means: a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to sub. (13) (c) or been terminated pursuant to sub. (12) (b).

(dm) “Coordinated licensure information system" also referred to as “coordinated database" means: an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

(e) “Confidentiality" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.

(em) “Day" means: any part of a day in which psychological work is performed.

(f) “Distant state" means: the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services.

(g) “E.Passport" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

(gm) “Executive board" means: a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

(h) “Home state" means: a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.