SB534: Bill Text

SB534,40 Section 40. 455.09 (1) (intro.) of the statutes is amended to read:

SB534,15,21 455.09 (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:

SB534,41 Section 41. 455.09 (1) (c) of the statutes is amended to read:

SB534,16,2 455.09 (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.

SB534,42 Section 42. 455.09 (1) (d) of the statutes is amended to read:

SB534,16,5 455.09 (1) (d) Uses fraud or deception in applying for a license under this chapter subchapter, an E.Passport, or an interjurisdictional practice certificate.

SB534,43 Section 43. 455.09 (1) (g) of the statutes is amended to read:

SB534,16,8 455.09 (1) (g) Violates this chapter subchapter or any rule of professional conduct promulgated under this chapter subchapter.

SB534,44 Section 44. 455.09 (3) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

SB534,16,16 455.09 (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.

SB534,45 Section 45. 455.11 of the statutes is amended to read:

SB534,16,19 455.11 Penalty. Any person who violates this chapter subchapter may be fined not more than $200 or imprisoned not exceeding 6 months or both.

SB534,46 Section 46 . Subchapter II of chapter 455 [precedes 455.50] of the statutes is created to read:

SB534,16,22 chapter 455

SB534,16,23 Subchapter II

SB534,16,25 PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)

SB534,17,1 455.50 Psychology interjurisdictional compact. (1) Article I — Purpose.

SB534,17,4 Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and

SB534,17,8 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

SB534,17,12 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;

SB534,17,15 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;

SB534,17,19 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;

SB534,17,21 Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and

SB534,17,23 Whereas, this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.

SB534,17,25 Consistent with these principles, this compact is designed to achieve the following purposes and objectives:

SB534,18,4 (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;

SB534,18,6 (b) Enhance the states' ability to protect the public's health and safety, especially client/patient safety;

SB534,18,8 (c) Encourage the cooperation of compact states in the areas of psychology licensure and regulation;

SB534,18,10 (d) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history;

SB534,18,12 (e) Promote compliance with the laws governing psychological practice in each compact state; and

SB534,18,14 (f) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

SB534,18,18 (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.

SB534,18,22 (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.

SB534,18,25 (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.

SB534,19,3 (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.

SB534,19,6 (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.

SB534,19,8 (cm) “Commissioner" means: the voting representative appointed by each state psychology regulatory authority pursuant to sub. (10).

SB534,19,11 (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).

SB534,19,16 (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.

SB534,19,18 (e) “Confidentiality" means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.

SB534,19,19 (em) “Day" means: any part of a day in which psychological work is performed.

SB534,19,22 (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.

SB534,20,2 (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.

SB534,20,4 (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.

SB534,20,12 (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.

SB534,20,15 (hm) “Identity history summary" means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

SB534,20,18 (i) “In-person, face-to-face" means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

SB534,20,23 (im) “Interjurisdictional practice certificate (IPC)" means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one's qualifications for such practice.

SB534,21,3 (j) “License" means: authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

SB534,21,5 (jm) “Non-compact state" means: any state which is not at the time a compact state.

SB534,21,7 (k) “Psychologist" means: an individual licensed for the independent practice of psychology.

SB534,21,10 (km) “Psychology interjurisdictional compact commission" also referred to as “commission" means: the national administration of which all compact states are members.

SB534,21,12 (L) “Receiving state" means: a compact state where the client/patient is physically located when the telepsychological services are delivered.

SB534,21,18 (Lm) “Rule" means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to sub. (11) that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.

SB534,21,19 (m) “Significant investigatory information" means:

SB534,21,24 1. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or

SB534,22,3 2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.

SB534,22,5 (mm) “State" means: a state, commonwealth, territory, or possession of the United States, the District of Columbia.

SB534,22,8 (n) “State psychology regulatory authority" means: the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.

SB534,22,10 (nm) “Telepsychology" means: the provision of psychological services using telecommunication technologies.

SB534,22,13 (o) “Temporary authorization to practice" means: a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.

SB534,22,17 (om) “Temporary in-person, face-to-face practice" means: where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

SB534,22,19 (3) Article III — Home state licensure. (a) The home state shall be a compact state where a psychologist is licensed to practice psychology.

SB534,22,24 (b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

SB534,23,4 (c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

SB534,23,7 (d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.

SB534,23,10 (e) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

SB534,23,11 1. Currently requires the psychologist to hold an active E.Passport;

SB534,23,13 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

SB534,23,15 3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

SB534,23,20 4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and

SB534,23,21 5. Complies with the bylaws and rules of the commission.

SB534,23,23 (f) A home state's license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

SB534,23,24 1. Currently requires the psychologist to hold an active IPC;

SB534,24,2 2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;

SB534,24,4 3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

SB534,24,9 4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and

SB534,24,10 5. Complies with the bylaws and rules of the commission.

SB534,24,15 (4) Article IV — Compact privilege to practice telepsychology. (a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with sub. (3), to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.

SB534,24,18 (b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

SB534,24,20 1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

SB534,24,23 a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, OR authorized by provincial statute or royal charter to grant doctoral degrees; OR

SB534,25,2 b. A foreign college or university deemed to be equivalent to subd. 1. a. by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; AND

SB534,25,3 2. Hold a graduate degree in psychology that meets the following criteria:

SB534,25,7 a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

SB534,25,9 b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

SB534,25,11 c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

SB534,25,12 d. The program must consist of an integrated, organized sequence of study;

SB534,25,14 e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;