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LRB-4189/2
MED:kjf&amn
2021 - 2022 LEGISLATURE
August 26, 2021 - Introduced by Senators Jacque, Bernier, Darling, Felzkowski
and Larson, cosponsored by Representatives Tittl, Cabral-Guevara,
Cabrera, Milroy, Murphy, Mursau, Petryk, Rozar, Tauchen, Tusler,
VanderMeer and Skowronski. Referred to Committee on Insurance,
Licensing and Forestry.
SB534,2,2 1An Act to repeal 971.16 (1); to renumber and amend 455.03; to amend 16.417
2(1) (e) 4., 48.375 (2) (c), 48.375 (4) (b) 1m., 49.45 (30f), 49.45 (30j) (a) 1., 50.06
3(4), 51.03 (6) (a), 51.15 (2) (c), 146.34 (1) (i), 146.81 (1) (h), 146.997 (1) (d) 10.,
4155.01 (1g) (a), 155.01 (7), 165.77 (1) (a), 244.09 (3) (a), 252.14 (1) (ar) 6., 440.03
5(13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (L), 450.10 (3) (a) 9., chapter
6455 (title), 455.01 (intro.), 455.02 (2m) (intro.), 455.02 (2m) (f), 455.02 (2m) (p),
7455.03 (title), 455.06 (1) (a) and (2), 455.09 (1) (intro.), 455.09 (1) (c), 455.09 (1)
8(d), 455.09 (1) (g), 455.09 (3), 455.11, 457.02 (3), 632.89 (1) (e) 3., 905.04 (1) (e),
9939.615 (6) (e) and 971.17 (7) (c); to repeal and recreate 302.384 (1m); and to
10create
14.89, 440.03 (11m) (c) 2s., subchapter I (title) of chapter 455 [precedes
11455.01], 455.01 (1), 455.01 (2m), 455.01 (3r), 455.01 (9), 455.03 (2), 455.03 (3),
12subchapter II of chapter 455 [precedes 455.50], 455.51 and 990.01 (31m) of the

1statutes; relating to: ratification of the Psychology Interjurisdictional
2Compact.
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 authority 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. The compact
provides that a home state's license authorizes a psychologist to practice in a
receiving state under the authority to practice interjurisdictional telepsychology if
the compact state satisfies certain requirements, including requiring the
psychologist to hold an active E.Passport, defined as 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. A psychologist practicing into a receiving state under the authority
to practice interjurisdictional telepsychology 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 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. The compact provides that a home state's license grants
temporary authorization to practice to a psychologist in a distant state if the compact
state satisfies certain requirements, including requiring the psychologist to hold an
active interjurisdictional practice certificate (IPC), defined as a certificate issued by
the 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. 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:
SB534,1 1Section 1. 14.89 of the statutes is created to read:
SB534,4,7 214.89 Psychology interjurisdictional compact. There is created a
3psychology interjurisdictional compact commission as specified in s. 455.50. The
4representative on the commission representing this state shall be appointed by the
5psychology examining board as provided in s. 455.50 (10) (b) 1. and shall be an
6individual described in s. 455.50 (10) (b) 1. a., b., or c. The commission has the powers
7and duties granted and imposed under s. 455.50.
SB534,2 8Section 2. 16.417 (1) (e) 4. of the statutes is amended to read:
SB534,4,109 16.417 (1) (e) 4. A psychologist who is licensed to practice psychology under
10subch. I of ch. 455.
SB534,3 11Section 3. 48.375 (2) (c) of the statutes, as affected by 2021 Wisconsin Act 22,
12is amended to read:
SB534,4,1913 48.375 (2) (c) “Counselor" means a physician including a physician specializing
14in psychiatry, a psychologist licensed under s. 455.04 (1) or (2), or an ordained
15member of the clergy. “Counselor" does not include any person who is employed by
16or otherwise affiliated with a reproductive health care facility, a family planning
17clinic, or a family planning agency; any person affiliated with the performance of
18abortions, except abortions performed to save the life of the mother; or any person
19who may profit from giving advice to seek an abortion.
SB534,4 20Section 4. 48.375 (4) (b) 1m. of the statutes, as affected by 2021 Wisconsin Act
2122
, is amended to read:
SB534,5,10
148.375 (4) (b) 1m. A physician who specializes in psychiatry or a psychologist
2licensed under s. 455.04 (1) or (2) states in writing that the physician or psychologist
3believes, to the best of his or her professional judgment based on the facts of the case
4before him or her, that the minor is likely to commit suicide rather than file a petition
5under s. 48.257 or approach her parent, or guardian or legal custodian, if one has
6been appointed, or an adult family member of the minor, or one of the minor's foster
7parents, if the minor has been placed in a foster home and the minor's parent has
8signed a waiver granting the department, a county department, or the foster parent
9the authority to consent to medical services or treatment on behalf of the minor, for
10consent.
SB534,5 11Section 5. 49.45 (30f) of the statutes, as affected by 2021 Wisconsin Act 22, is
12amended to read:
SB534,6,213 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The
14department shall include licensed mental health professionals, as defined in s.
15632.89 (1) (dm), and psychologists licensed under s. 455.04 (1) or (2) as providers of
16psychotherapy and of alcohol and other drug abuse services. Except for services
17provided under sub. (30e), the department may not require that licensed mental
18health professionals or licensed psychologists be supervised; may not require that
19clinical psychotherapy or alcohol and other drug abuse services be provided under
20a certified program; and, notwithstanding subs. (9) and (9m), may not require that
21a physician or other health care provider first prescribe psychotherapy or alcohol and
22other drug abuse services to be provided by a licensed mental health professional or
23licensed psychologist before the professional or psychologist may provide the
24services to the recipient. This subsection does not affect the department's powers

1under ch. 50 or 51 to establish requirements for facilities that are licensed, certified,
2or operated by the department.
SB534,6 3Section 6. 49.45 (30j) (a) 1. of the statutes is amended to read:
SB534,6,164 49.45 (30j) (a) 1. “Competent mental health professional” means a physician
5who has completed a residence in psychiatry; a psychologist or; a private practice
6school psychologist licensed under ch. 455; a marriage and family therapist licensed
7under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13;
8an advanced practice social worker granted a certificate under s. 457.08 (2); an
9independent social worker granted a certificate under s. 457.08 (3); a clinical social
10worker licensed under s. 457.08 (4); a clinical substance abuse counselor or
11independent clinical supervisor certified under s. 440.88, or any of these individuals
12practicing under a currently valid training or temporary license or certificate
13granted under applicable provisions of ch. 457. “Competent mental health
14professional" does not include an individual whose license or certificate is suspended,
15revoked, or voluntarily surrendered, or whose license or certificate is limited or
16restricted, when practicing in areas prohibited by the limitation or restriction.
SB534,7 17Section 7. 50.06 (4) of the statutes, as affected by 2021 Wisconsin Act 22, is
18amended to read:
SB534,7,319 50.06 (4) A determination that an individual is incapacitated for purposes of
20sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician
21and one psychologist licensed under s. 455.04 (1) or (2), who personally examine the
22individual and sign a statement specifying that the individual is incapacitated. Mere
23old age, eccentricity, or physical disability, either singly or together, are insufficient
24to make a finding that an individual is incapacitated. Neither of the individuals who
25make a finding that an individual is incapacitated may be a relative, as defined in

1s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has
2a claim on any portion of the individual's estate. A copy of the statement shall be
3included in the individual's records in the facility to which he or she is admitted.
SB534,8 4Section 8. 51.03 (6) (a) of the statutes is amended to read:
SB534,7,165 51.03 (6) (a) In this subsection, “licensed treatment professional" means a
6physician who has completed a residence in psychiatry; a psychologist or; a private
7practice school psychologist licensed under ch. 455; a marriage and family therapist
8licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12
9or 457.13; an advanced practice social worker granted a certificate under s. 457.08
10(2); an independent social worker licensed under s. 457.08 (3); a clinical social worker
11licensed under s. 457.08 (4); or any of these individuals practicing under a currently
12valid training or temporary license or certificate granted under applicable provisions
13of ch. 457. “Licensed treatment professional" does not include an individual whose
14license or certificate is suspended, revoked, or voluntarily surrendered, or whose
15license or certificate is limited or restricted, when practicing in areas prohibited by
16the limitation or restriction.
SB534,9 17Section 9. 51.15 (2) (c) of the statutes is amended to read:
SB534,8,218 51.15 (2) (c) The county department may approve the detention only if a
19physician who has completed a residency in psychiatry, a psychologist licensed under
20ch. 455
, or a mental health professional, as determined by the department, has
21performed a crisis assessment on the individual and agrees with the need for
22detention and the county department reasonably believes the individual will not
23voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize
24the individual and remove the substantial probability of physical harm, impairment,
25or injury to himself, herself, or others. For purposes of this paragraph, a crisis

1assessment may be conducted in person, by telephone, or by telemedicine or video
2conferencing technology.
SB534,10 3Section 10. 146.34 (1) (i) of the statutes is amended to read:
SB534,8,74 146.34 (1) (i) “Psychologist" means a person who is licensed to practice
5psychology under ch. 455, who is exercising the temporary authorization to practice,
6as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority
7to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,11 8Section 11. 146.81 (1) (h) of the statutes is amended to read:
SB534,8,129 146.81 (1) (h) A psychologist who is licensed under ch. 455, who is exercising
10the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,
11or who is practicing under the authority to practice interjurisdictional
12telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,12 13Section 12. 146.997 (1) (d) 10. of the statutes is amended to read:
SB534,8,1714 146.997 (1) (d) 10. A psychologist who is licensed under ch. 455, who is
15exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in
16this state, or who is practicing under the authority to practice interjurisdictional
17telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,13 18Section 13. 155.01 (1g) (a) of the statutes, as affected by 2021 Wisconsin Act
1922
, is amended to read:
SB534,8,2020 155.01 (1g) (a) A psychologist licensed under s. 455.04 (1) or (2).
SB534,14 21Section 14. 155.01 (7) of the statutes is amended to read:
SB534,9,1022 155.01 (7) “Health care provider" means a nurse licensed or permitted under
23ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
24physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
25therapist assistant, occupational therapist, or occupational therapy assistant

1licensed under ch. 448, a person practicing Christian Science treatment, an
2optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who
3is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o),
4in this state, or who is practicing under the authority to practice interjurisdictional
5telepsychology, as defined in s. 455.50 (2) (b)
, a physical therapist or physical
6therapist assistant who holds a compact privilege under subch. IX of ch. 448, a
7partnership thereof, a corporation or limited liability company thereof that provides
8health care services, a cooperative health care association organized under s.
9185.981 that directly provides services through salaried employees in its own facility,
10or a home health agency, as defined in s. 50.49 (1) (a).
SB534,15 11Section 15. 165.77 (1) (a) of the statutes is amended to read:
SB534,9,1612 165.77 (1) (a) “Health care professional" means a person licensed, certified, or
13registered under ch. 441, 448, or 455 or a person who is exercising the temporary
14authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
15practicing under the authority to practice interjurisdictional telepsychology, as
16defined in s. 455.50 (2) (b)
.
SB534,16 17Section 16. 244.09 (3) (a) of the statutes is amended to read:
SB534,9,2218 244.09 (3) (a) A physician licensed under ch. 448 or a psychologist who is
19licensed under ch. 455, who is exercising the temporary authorization to practice, as
20defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to
21practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b),
that the
22principal is incapacitated within the meaning of s. 244.02 (7) (a).
SB534,17 23Section 17. 252.14 (1) (ar) 6. of the statutes is amended to read:
SB534,9,2524 252.14 (1) (ar) 6. A psychologist who is licensed under ch. 455, who is exercising
25the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,

1or who is practicing under the authority to practice interjurisdictional
2telepsychology, as defined in s. 455.50 (2) (b)
.
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