2021 Wisconsin Act 131

455.02 (2m) Exceptions. (intro.) A license under this chapter subchapter is not required for any of the following:

131,33 Section 33. 455.02 (2m) (f) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

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 subchapter 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.”

131,34 Section 34. 455.02 (2m) (p) of the statutes, as created by 2021 Wisconsin Act 22, is amended to read:

455.02 (2m) (p) A person providing psychological services under the supervision of a psychologist licensed under this chapter subchapter 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.”

131,35 Section 35. 455.03 (title) of the statutes is amended to read:

455.03 (title) Temporary practice ; telepsychology.

131,36 Section 36. 455.03 of the statutes, as affected by 2021 Wisconsin Act 22, is renumbered 455.03 (1) (b) and amended to read:

455.03 (1) (b) A psychologist who is licensed or certified by a similar examining board of another state or territory of the United States or of a foreign country or province whose standards, in the opinion of the examining board, are equivalent to or higher than the requirements for licensure as a psychologist in s. 455.04 (1) may provide psychological services in this state on not more than 60 days in any year without holding a license issued under s. 455.04 (1). The psychologist shall report to the examining board the nature and extent of his or her practice in this state if it exceeds 20 days within a year.

(a) In this section subsection, “day” means any part of a day during which psychological services are rendered.

131,37 Section 37. 455.03 (2) of the statutes is created to read:

455.03 (2) An individual who holds a valid interjurisdictional practice certificate may exercise the temporary authorization to practice in this state, subject to ss. 455.50 (5) and 455.51 (2) (a) 1. and (b) 1.

131,38 Section 38. 455.03 (3) of the statutes is created to read:

455.03 (3) An individual who holds a valid E.Passport may practice under the authority to practice interjurisdictional telepsychology as provided in and subject to ss. 455.50 (4) and (6) and 455.51 (2) (a) 2. and (b) 2.

131,39 Section 39. 455.06 (1) (a) and (2) of the statutes, as affected by 2021 Wisconsin Act 22, are amended to read:

455.06 (1) (a) Except as provided in par. (b), the renewal dates for licenses issued under this chapter subchapter or under s. 455.04 (4), 2019 stats., are specified under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).

(2) An applicant for renewal of a license issued under this chapter subchapter or under s. 455.04 (4), 2019 stats., shall include with his or her application proof in the form specified by the examining board that he or she has completed the hours of continuing education required under s. 455.065.

131,40 Section 40. 455.09 (1) (intro.) of the statutes is amended to read:

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:

131,41 Section 41. 455.09 (1) (c) of the statutes is amended to read:

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.

131,42 Section 42. 455.09 (1) (d) of the statutes is amended to read:

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.

131,43 Section 43. 455.09 (1) (g) of the statutes is amended to read:

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

131,44 Section 44. 455.09 (3) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

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.

131,45 Section 45. 455.11 of the statutes is amended to read:

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.

131,46 Section 46 . Subchapter II of chapter 455 [precedes 455.50] of the statutes is created to read:

chapter 455

Subchapter II

PSYCHOLOGY INTERJURISDICTIONAL
COMPACT (PSYPACT)

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

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

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

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;

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;

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;

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

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

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

(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;

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

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

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

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

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

(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.

(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.

(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.

(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.

(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.

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

(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).

(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.

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

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

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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

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

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

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

(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.

(m) “Significant investigatory information" means:

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

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.

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

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

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

(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.

(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.

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

(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.

(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.

(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.

(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:

1. Currently requires the psychologist to hold an active E.Passport;

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

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

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

5. Complies with the bylaws and rules of the commission.