AB537: Bill Text

LRB-4232/1

MED:kjf&amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 537

September 10, 2021 - Introduced by Representatives Tittl, Cabral-Guevara, Cabrera, Milroy, Murphy, Mursau, Petryk, Rozar, Skowronski, Tauchen, Tusler, VanderMeer and Knodl, cosponsored by Senators Jacque, Bernier, Darling and Felzkowski. Referred to Committee on Health.

AB537,2,2 An Act to repeal 971.16 (1); to renumber and amend 455.03; to amend 16.417 (1) (e) 4., 48.375 (2) (c), 48.375 (4) (b) 1m., 49.45 (30f), 49.45 (30j) (a) 1., 50.06 (4), 51.03 (6) (a), 51.15 (2) (c), 146.34 (1) (i), 146.81 (1) (h), 146.997 (1) (d) 10., 155.01 (1g) (a), 155.01 (7), 165.77 (1) (a), 244.09 (3) (a), 252.14 (1) (ar) 6., 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (L), 450.10 (3) (a) 9., chapter 455 (title), 455.01 (intro.), 455.02 (2m) (intro.), 455.02 (2m) (f), 455.02 (2m) (p), 455.03 (title), 455.06 (1) (a) and (2), 455.09 (1) (intro.), 455.09 (1) (c), 455.09 (1) (d), 455.09 (1) (g), 455.09 (3), 455.11, 457.02 (3), 632.89 (1) (e) 3., 905.04 (1) (e), 939.615 (6) (e) and 971.17 (7) (c); to repeal and recreate 302.384 (1m); and to create 14.89, 440.03 (11m) (c) 2s., subchapter I (title) of chapter 455 [precedes 455.01], 455.01 (1), 455.01 (2m), 455.01 (3r), 455.01 (9), 455.03 (2), 455.03 (3), subchapter II of chapter 455 [precedes 455.50], 455.51 and 990.01 (31m) of the statutes; relating to: ratification of the Psychology Interjurisdictional Compact.

Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Psychology Interjurisdictional Compact (compact), which provides for the ability of a psychologist to practice more easily in other compact states. Significant provisions of the compact include:

1. The creation of a Psychology Interjurisdictional Compact Commission (commission), which includes one member or representative of the licensure boards of each member state. The commission has various powers and duties granted in the compact, including overseeing the administration of the compact, enforcing the compact, adopting bylaws, promulgating binding rules for the compact, employing officers and employees, and establishing and electing an executive board. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a psychologist to obtain an E.Passport, which allows a psychologist to practice interjurisdictional telepsychology in another compact state if the psychologist satisfies certain criteria. “Telepsychology” is defined as the provision of psychological services using telecommunication technologies. The compact specifies that a home state, defined as the state where the psychologist is physically located, maintains authority over the license of any psychologist practicing into a receiving state, defined as the compact state where the client or patient is physically located, under the authority to practice interjurisdictional telepsychology. A psychologist practicing into a receiving state under an E.Passport is subject to the receiving state's scope of practice. The compact further provides that a psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority and under circumstances specified in the compact. A receiving state may limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions to protect the health and safety of the receiving state's citizens. If a psychologist's license or authority to practice interjurisdictional telepsychology is restricted, suspended, or otherwise limited, the psychologist's E.Passport is revoked and the psychologist may not practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

3. The ability for a psychologist to obtain an interjurisdictional practice certificate (IPC), which grants temporary authorization for the psychologist to provide temporary in-person, face-to-face psychological services in another compact state for up to 30 days within a calendar year if the psychologist satisfies certain criteria. A psychologist practicing into a distant state, defined as the state where the psychologist is physically present to provide temporary in-person, face-to-face psychological services, under the temporary authorization to practice is subject to the distant state's scope of practice. A psychologist practicing into a distant state under the temporary authorization to practice is subject to the distant state's authority and law. A distant state may limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions to protect the health and safety of the receiving state's citizens. If a psychologist's license or temporary authorization to practice is restricted, suspended, or otherwise limited, the psychologist's IPC is revoked and the psychologist may not practice under the temporary authorization to practice.

4. The ability of member states to issue subpoenas that are enforceable in other states.

5. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on psychologists to whom the compact is applicable. The compact requires all home state disciplinary orders that impose adverse actions to be reported to the commission. A member state must submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission.

6. Provisions regarding resolutions of disputes between the commission and member states and between member and nonmember states, including a process for termination of a state's membership in the compact if the state defaults on its obligations under the compact.

Since the compact has already been enacted by the minimum number of states required for it to become active, the compact becomes effective in this state upon enactment of the bill. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until six months after the effective date of that repeal.

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:

AB537,1 Section 1. 14.89 of the statutes is created to read:

AB537,4,2 14.89 Psychology interjurisdictional compact. There is created a psychology interjurisdictional compact commission as specified in s. 455.50. The representative on the commission representing this state shall be appointed by the psychology examining board as provided in s. 455.50 (10) (b) 1. and shall be an individual described in s. 455.50 (10) (b) 1. a., b., or c. The commission has the powers and duties granted and imposed under s. 455.50.

AB537,2 Section 2. 16.417 (1) (e) 4. of the statutes is amended to read:

AB537,4,5 16.417 (1) (e) 4. A psychologist who is licensed to practice psychology under subch. I of ch. 455.

AB537,3 Section 3. 48.375 (2) (c) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,4,14 48.375 (2) (c) “Counselor" means a physician including a physician specializing in psychiatry, a psychologist licensed under s. 455.04 (1) or (2), 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.

AB537,4 Section 4. 48.375 (4) (b) 1m. of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,5,2 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a psychologist licensed under s. 455.04 (1) or (2) 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.

AB537,5 Section 5. 49.45 (30f) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,5,18 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 psychologists licensed under s. 455.04 (1) or (2) 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.

AB537,6 Section 6. 49.45 (30j) (a) 1. of the statutes is amended to read:

AB537,6,7 49.45 (30j) (a) 1. “Competent mental health professional” means a physician who has completed a residence in psychiatry; a psychologist or; a private practice school psychologist licensed under ch. 455; a marriage and family therapist licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2); an independent social worker granted a certificate under s. 457.08 (3); a clinical social worker licensed under s. 457.08 (4); a clinical substance abuse counselor or independent clinical supervisor certified under s. 440.88, or any of these individuals practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Competent mental health professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

AB537,7 Section 7. 50.06 (4) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,6,19 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 psychologist licensed under s. 455.04 (1) or (2), 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.

AB537,8 Section 8. 51.03 (6) (a) of the statutes is amended to read:

AB537,7,7 51.03 (6) (a) In this subsection, “licensed treatment professional" means a physician who has completed a residence in psychiatry; a psychologist or; a private practice school psychologist licensed under ch. 455; a marriage and family therapist licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2); an independent social worker licensed under s. 457.08 (3); a clinical social worker licensed under s. 457.08 (4); or any of these individuals practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Licensed treatment professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.

AB537,9 Section 9. 51.15 (2) (c) of the statutes is amended to read:

AB537,7,18 51.15 (2) (c) The county department may approve the detention only if a physician who has completed a residency in psychiatry, a psychologist licensed under ch. 455, or a mental health professional, as determined by the department, has performed a crisis assessment on the individual and agrees with the need for detention and the county department reasonably believes the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and remove the substantial probability of physical harm, impairment, or injury to himself, herself, or others. For purposes of this paragraph, a crisis assessment may be conducted in person, by telephone, or by telemedicine or video conferencing technology.

AB537,10 Section 10. 146.34 (1) (i) of the statutes is amended to read:

AB537,7,23 146.34 (1) (i) “Psychologist" means a person who is licensed to practice psychology 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).

AB537,11 Section 11. 146.81 (1) (h) of the statutes is amended to read:

AB537,8,4 146.81 (1) (h) 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).

AB537,12 Section 12. 146.997 (1) (d) 10. of the statutes is amended to read:

AB537,8,9 146.997 (1) (d) 10. 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).

AB537,13 Section 13. 155.01 (1g) (a) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,8,12 155.01 (1g) (a) A psychologist licensed under s. 455.04 (1) or (2).

AB537,14 Section 14. 155.01 (7) of the statutes is amended to read:

AB537,9,2 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, 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), a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB537,15 Section 15. 165.77 (1) (a) of the statutes is amended to read:

AB537,9,8 165.77 (1) (a) “Health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455 or a person 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).

AB537,16 Section 16. 244.09 (3) (a) of the statutes is amended to read:

AB537,9,14 244.09 (3) (a) A physician licensed under ch. 448 or 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), that the principal is incapacitated within the meaning of s. 244.02 (7) (a).

AB537,17 Section 17. 252.14 (1) (ar) 6. of the statutes is amended to read:

AB537,9,19 252.14 (1) (ar) 6. 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).

AB537,18 Section 18. 302.384 (1m) of the statutes is repealed and recreated to read:

AB537,9,24 302.384 (1m) In this section, “health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455; a person who holds a compact privilege under subch. X of ch. 448; or a psychologist 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).

AB537,19 Section 19. 440.03 (11m) (c) 2s. of the statutes is created to read:

AB537,10,6 440.03 (11m) (c) 2s. The coordinated licensure information system under s. 455.50 (9), if such disclosure is required under the psychology interjurisdictional compact under s. 455.50.

AB537,20 Section 20. 440.03 (13) (b) (intro.) of the statutes is amended to read:

AB537,10,14 440.03 (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.:

AB537,21 Section 21. 440.03 (13) (c) of the statutes is amended to read:

AB537,11,12 440.03 (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.

AB537,22 Section 22. 440.15 of the statutes, as affected by 2021 Wisconsin Act 25, is amended to read:

AB537,11,20 440.15 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.

AB537,23 Section 23. 446.01 (1v) (L) of the statutes is amended to read:

AB537,12,2 446.01 (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).

AB537,24 Section 24. 450.10 (3) (a) 9. of the statutes is amended to read:

AB537,12,7 450.10 (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).

AB537,25 Section 25. Chapter 455 (title) of the statutes is amended to read:

AB537,12,10 CHAPTER 455 PSYCHOLOGY EXAMINING BOARD

AB537,26 Section 26 . Subchapter I (title) of chapter 455 [precedes 455.01] of the statutes is created to read:

AB537,12,13 chapter 455

AB537,12,14 Subchapter I

AB537,12,15 REGULATION OF PSYCHOLOGY