CR 17-078 Rule Text

§ 15.08(5)(b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.

§ 455.08 The examining board shall adopt such rules as are necessary under this chapter

Related statute or rule: n/a

Plain language analysis:

This rule updates the unprofessional conduct rules which have not had a comprehensive review and update since 2003.

Sections 1 and 3 add private practice of school psychology to reflect the other license under the jurisdiction of the board.

Section 2 clarifies that engaging in conduct that falls below the standard of minimal competence is unprofessional conduct.

Section 4 adds exploitative billing practices as conduct which is unprofessional conduct.

Section 5 clarifies it is unprofessional conduct to not have security protocols in place for access to information received from a client recognizing that current psychology practice includes electronic forms of communication which need to have security protocols to protect confidential matters.

Section 6 repeals and recreates the provision relating to prohibited dual relationships to clarify the prohibited dual relationships are those reasonably likely to impair objectivity while providing services. This modification is recognizing that there are natural dual relationships which do not impair objectivity and would be difficult to avoid particularly in rural areas.

Section 7 repeals the requirement that treatment consultation must be preceded by an assessment, evaluation, or diagnosis in recognition that this information may be provided by the person requesting the consultation to the person providing the treatment consultation.

Section 8 simplifies the requirement for licensees to respond to requests from the board.

Section 9 modifies “impersonation” to “appropriation of the identity” for clarification purposes.

Section 10 states it is unprofessional conduct to violate chapter 455, stats. or any rule of the board.

Section 11 cleans up the language relating to the duty to report disciplinary or adverse action taken by another jurisdiction.

Section 12 updates the language for “a” prohibited dual relationship to “any” prohibited dual relationship.

Section 13 clarifies the unprofessional conduct provision relating to disciplinary or adverse action in another jurisdiction.

Sections 14 and 15 repeal the list of items which were required to be contained in a record.

Section 16 states it is unprofessional conduct to violate an order of any board or jurisdiction which regulates the practice of psychology or school psychology. It removes the provision relating to unprofessional conduct is the violation of rule or statute as it is addressed elsewhere in the rule and therefore it was redundant.

Section 17 repeals the actions subsequent to disciplinary proceedings as it is an undue burden to require licensees to notify all clients when any disciplinary action is taken and specific disciplinary orders may include a notification requirement where necessary.

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Illinois defines unprofessional conduct. Illinois provisions which relate to this updated rule include: failure to provide techniques or procedures used in professional activities to the board upon request; and impersonating another person holding a license.

Iowa: Iowa defines unprofessional conduct. Iowa provisions which relate to this updated rule include: failure to conform to the minimal standard of acceptable and prevailing practice; failure to respond to the board within 30 days of communication from the board; violation of any law or rule of Iowa or another state; and failure to notify the board of discipline by other jurisdictions.

Michigan: Michigan defines unprofessional conduct. Michigan provision which relates to this updated rule include: prohibiting engaging in a multiple relationship when there is a reasonable risk of harm or exploitation.

Minnesota: Minnesota defines unprofessional conduct. Minnesota provisions which relate to this updated rule include: failure to provide competent provision of services; safeguarding the private information obtained in the course of the practice of psychology; and prohibit engaging in situations involving impaired objectivity or effectiveness. Minnesota does have a list of required elements to be maintained in a psychology patient record.

Summary of factual data and analytical methodologies:

The board reviewed the rule to ensure the rules reflect current practice in the profession.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

This rule was posted for economic comments and none were received. This rule relates to unprofessional conduct.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. Psy 5.01 (2) is amended to read:

Psy 5.01 (2) Gross negligence in the practice of psychology or private practice of school psychology.

Section 2. Psy 5.01 (2m) is created to read:

Psy 5.01 (2m) Engaging in conduct that falls below the standard of minimal competence within the practice of psychology or school psychology.

Section 3. Psy 5.01 (5) is amended to read:

Psy 5.01 (5) Conviction of a crime or violation of any law the circumstances of which substantially relate to the circumstances of the professional practice of psychology or private practice of school psychology.

Section 4. Psy 5.01 (8) is amended to read:

Psy 5.01 (8) Engaging in false, fraudulent, exploitative, misleading or deceptive billing practices.