SB77: Bill Text

LRB-1868/1

JPC:wlj

2021 - 2022 LEGISLATURE

2021 Senate BILL 77

February 5, 2021 - Introduced by Senators Stafsholt, Bernier, Darling, Nass and Larson, cosponsored by Representatives Tittl, Kitchens, Armstrong, Born, Cabral-Guevara, Dittrich, Jagler, Kerkman, Moses, Murphy, Neylon, Rozar, Skowronski, Snyder, Swearingen, Tranel and VanderMeer. Referred to Committee on Insurance, Licensing and Forestry.

SB77,2,2 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), 51.30 (1) (b), 54.01 (27), 155.01 (1g) (a), 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 (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 (2) and 455.065 (6) and (7) 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 examining board and the practice of psychology. Significant changes are described as follows:

Psychology Examining Board; composition

Under current law, the examining 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 requires that the governor, to the extent possible, nominate to the examining board psychologists 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 a person to work as a school psychologist in school settings without a license issued by the examining board if the person receives a school psychologist license from the Department of Public Instruction.

Psychology; scope of practice and licensure requirements

The bill revises the definition of the “practice of psychology,” revises various provisions that exempt certain types of individuals from the licensure requirement, and adds a number of additional exemptions.

The bill revises the licensure requirements that must be satisfied in order to be granted a psychologist license by the examining board. The changes include specifying the required hours of supervised experience and eliminating a prohibition on the examining board from promulgating rules to require an internship.

The bill eliminates the ability of the examining board to deny a license on the basis of an applicant's arrest record.

Interim license

The bill requires the examining board to issue an interim license to an applicant who satisfies all of the requirements for a psychologist license other than the postdoctoral supervised experience requirement and the required written examination on the professional practice of psychology. An interim license is valid for two years or until the individual obtains a permanent license, subject to a hardship exemption prescribed by the examining board by rule that could allow renewals beyond two years.

Continuing education

The bill allows the examining board to establish criteria that would allow psychologists to substitute hours of professional activities to meet continuing education requirements. The bill also requires the examining board to grant exemptions from continuing education requirements on the grounds of prolonged illness or disability, or other grounds that constitute extreme hardship, and on the grounds of permanent retirement from the practice of psychology.

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:

SB77,1 Section 1 . 15.405 (10m) of the statutes is amended to read:

SB77,3,9 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 to the examining board psychologists who represent different specialty areas within the field of psychology.

SB77,2 Section 2 . 48.375 (2) (c) of the statutes is amended to read:

SB77,4,2 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 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.

SB77,3 Section 3 . 48.375 (4) (b) 1m. of the statutes is amended to read:

SB77,4,13 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in s. 455.01 (4), 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.

SB77,4 Section 4 . 49.45 (30f) of the statutes is amended to read:

SB77,5,3 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 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.

SB77,5 Section 5 . 50.06 (4) of the statutes is amended to read:

SB77,5,15 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 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.

SB77,6 Section 6 . 51.30 (1) (b) of the statutes is amended to read:

SB77,6,2 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.

SB77,7 Section 7 . 54.01 (27) of the statutes is amended to read:

SB77,6,5 54.01 (27) “Psychologist" means a licensed psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2).

SB77,8 Section 8 . 155.01 (1g) (a) of the statutes is amended to read:

SB77,6,8 155.01 (1g) (a) A licensed psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2).

SB77,9 Section 9 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB77,6,13 440.08 (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:

SB77,10 Section 10 . 440.88 (3m) of the statutes is amended to read:

SB77,6,21 440.88 (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.

SB77,11 Section 11 . 455.01 (3m) of the statutes is amended to read:

SB77,7,2 455.01 (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.

SB77,12 Section 12 . 455.01 (4) of the statutes is repealed.

SB77,13 Section 13 . 455.01 (5) of the statutes is repealed and recreated to read:

SB77,7,8 455.01 (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:

SB77,7,11 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior and promoting adaptive health maintaining behavior or psychological functioning.

SB77,7,12 2. Assisting in legal decision-making.

SB77,7,14 (b) “Practice of psychology" includes all of the following if done in exchange for a fee:

SB77,7,17 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.

SB77,7,19 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior therapy, and applied behavior analysis.

SB77,7,22 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.

SB77,7,23 4. Psychoeducational evaluation, therapy, or remediation.

SB77,8,3 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.

SB77,8,4 6. The supervision of anything specified in subds. 1. to 5.

SB77,14 Section 14 . 455.01 (6) of the statutes is repealed and recreated to read:

SB77,8,11 455.01 (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.

SB77,15 Section 15 . 455.01 (7) of the statutes is repealed.

SB77,16 Section 16 . 455.02 (1m) (title) of the statutes is amended to read:

SB77,8,14 455.02 (1m) (title) License required to practice.

SB77,17 Section 17 . 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and amended to read:

SB77,8,20 455.02 (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.

SB77,18 Section 18 . 455.02 (2m) (d) of the statutes is amended to read:

SB77,9,15 455.02 (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.”

SB77,19 Section 19 . 455.02 (2m) (f) of the statutes is repealed and recreated to read:

SB77,9,24 455.02 (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 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.”

SB77,20 Section 20 . 455.02 (2m) (h) of the statutes is repealed.

SB77,21 Section 21. 455.02 (2m) (k) of the statutes is repealed and recreated to read:

SB77,10,4 455.02 (2m) (k) A person whose activities are limited to educational or vocational counseling or testing that is performed in a human resources, personnel, or educational setting.

SB77,22 Section 22 . 455.02 (2m) (m) of the statutes is amended to read:

SB77,10,13 455.02 (2m) (m) A person providing psychological services as an employee of a federal, state or local governmental agency, if the person is providing the psychological services as a part of the duties for which he or she is employed, is providing the psychological services solely within the confines of or under the jurisdiction of the agency by which he or she is employed, and does not provide or offer to provide 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 agency by which he or she is employed.

SB77,23 Section 23 . 455.02 (2m) (o) to (s) of the statutes are created to read:

SB77,11,3 455.02 (2m) (o) A person providing psychological services as an employee of a state or local governmental agency, if the person is providing the psychological services as a part of the duties for which he or she is employed, is providing the psychological services solely within the confines of or under the jurisdiction of the agency by which he or she is employed, does not provide or offer to provide 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 agency by which he or she is employed, and has received a master's degree in psychology from a regionally accredited higher educational institution or has fulfilled requirements commensurate with a master's degree, as determined by the examining board. The examining board may promulgate rules to further establish requirements for exemptions under this paragraph for persons who do not hold a master's degree in psychology. A person providing services under this paragraph may use the title “psychological associate.”

SB77,11,8 (p) A person providing psychological services under the supervision of a psychologist licensed under this chapter 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.”

SB77,11,10 (q) A person whose activities are limited to testifying in a court in this state regarding services rendered in another state.

SB77,11,14 (r) A person engaging in the private practice of school psychology who holds a valid private practice school psychologist license issued under s. 455.04 (4), 2019 stats. A person acting under this paragraph may use the title “private practice school psychologist.”

SB77,11,17 (s) A person who holds a doctoral degree in psychology but does not engage in the practice of psychology. A person described in this paragraph may use the title “psychologist” or “doctor of psychology.”