Amendment ASA2-AB487

2019 - 2020 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 487

January 16, 2020 - Offered by Representative Tittl.

AB487-ASA2,2,2 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), 50.94 (8), 51.30 (1) (b), 54.01 (27), 155.05 (2), 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

This substitute amendment differs from 2019 Assembly Bill 487 in the following respects:

1. The substitute amendment narrows the definition of the “practice of psychology” such that certain activities would not, under the substitute amendment, require a psychologist license. The substitute amendment also broadens an exception to the prohibition against practicing psychology without a license concerning persons engaged in educational or vocational counseling or testing.

2. The substitute amendment further specifies the supervised experience that is required in order for an individual to be granted a psychologist license.

3. The substitute amendment deletes references to certain organizations specified in the bill and instead requires the board to determine or approve the relevant organization.

4. The substitute amendment eliminates a change that would limit a provision that allows a psychologist licensed in another jurisdiction to temporarily practice in this state to only individuals licensed in the United States or Canada. Under the substitute amendment, the provision also applies to individuals licensed in foreign countries, but the other state's, country's, or territory's standards must, in the opinion of the board, be equivalent to or higher than the requirements for licensure as a psychologist in this state.

5. In addition to allowing an interim psychologist license to be granted to an individual who has not yet completed his or her required postdoctoral supervised experience, the substitute amendment allows it to be granted to an individual who has not yet completed a required written examination on the professional practice of psychology.

6. The substitute amendment affects a provision that allows the board to waive certain psychologist licensure requirements for individuals licensed in other jurisdictions. Specifically, the substitute amendment eliminates changes to this provision so that it will continue to apply to individuals licensed in foreign countries, and not just individuals licensed in the United States or Canada.

7. The substitute amendment eliminates language in the bill that requires licensees to retain proof of completion of required continuing education. The substitute amendment also eliminates a provision allowing the board to audit any licensee under investigation for compliance with continuing education requirements.

8. The substitute amendment deletes various changes from the bill relating to professional discipline, including changes that added certain additional grounds for professional discipline against a licensee. The substitute amendment also eliminates a provision that, in certain circumstances, allows the board to require a licensee or applicant to submit to a psychological examination.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB487-ASA2,1 Section 1 . 15.405 (10m) of the statutes is amended to read:

AB487-ASA2,3,9 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 psychologists to the board who represent different specialty areas within the field of psychology.

AB487-ASA2,2 Section 2 . 48.375 (2) (c) of the statutes is amended to read:

AB487-ASA2,3,17 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 ch. 455, 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.

AB487-ASA2,3 Section 3 . 48.375 (4) (b) 1m. of the statutes is amended to read:

AB487-ASA2,4,7 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed psychologist, as defined in s. 455.01 (4), licensed under ch. 455 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.

AB487-ASA2,4 Section 4 . 49.45 (30f) of the statutes is amended to read:

AB487-ASA2,4,22 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 ch. 455, 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.

AB487-ASA2,5 Section 5 . 50.06 (4) of the statutes is amended to read:

AB487-ASA2,5,9 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 ch. 455, 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.

AB487-ASA2,6 Section 6 . 50.94 (8) of the statutes is amended to read:

AB487-ASA2,5,20 50.94 (8) A determination that a person is incapacitated may be made only by 2 physicians or by one physician and one licensed psychologist, as defined in s. 455.01 (4), licensed under ch. 455 who personally examine the person and sign a statement specifying that the person is incapacitated. Mere old age, eccentricity , or physical disabilities, singly or together, are insufficient to determine that a person is incapacitated. Whoever determines that the person is incapacitated may not be a relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she is entitled to or has claim on any portion of the person's estate. A copy of the statement shall be included in the records of the incapacitated person in the hospice to which he or she is admitted.

AB487-ASA2,7 Section 7. 51.30 (1) (b) of the statutes is amended to read:

AB487-ASA2,6,6 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.

AB487-ASA2,8 Section 8 . 54.01 (27) of the statutes is amended to read:

AB487-ASA2,6,9 54.01 (27) “Psychologist" means a licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455.

AB487-ASA2,9 Section 9 . 155.05 (2) of the statutes is amended to read:

AB487-ASA2,6,21 155.05 (2) Unless otherwise specified in the power of attorney for health care instrument, an individual's power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity, or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.

AB487-ASA2,10 Section 10 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB487-ASA2,7,2 440.08 (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:

AB487-ASA2,11 Section 11. 440.88 (3m) of the statutes is amended to read:

AB487-ASA2,7,10 440.88 (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.

AB487-ASA2,12 Section 12. 455.01 (3m) of the statutes is amended to read:

AB487-ASA2,7,15 455.01 (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.

AB487-ASA2,13 Section 13 . 455.01 (4) of the statutes is repealed.

AB487-ASA2,14 Section 14 . 455.01 (5) of the statutes is repealed and recreated to read:

AB487-ASA2,7,21 455.01 (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:

AB487-ASA2,7,24 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior and promoting adaptive health maintaining behavior or psychological functioning.

AB487-ASA2,7,25 2. Assisting in legal decision making.

AB487-ASA2,8,2 (b) “Practice of psychology" includes all of the following if done in exchange for a fee:

AB487-ASA2,8,5 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.

AB487-ASA2,8,7 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior therapy, and applied behavior analysis.

AB487-ASA2,8,10 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.

AB487-ASA2,8,11 4. Psychoeducational evaluation, therapy, or remediation.

AB487-ASA2,8,14 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.

AB487-ASA2,8,15 6. The supervision of anything specified in subds. 1. to 5.

AB487-ASA2,15 Section 15. 455.01 (6) of the statutes is repealed and recreated to read:

AB487-ASA2,8,22 455.01 (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.

AB487-ASA2,16 Section 16. 455.01 (7) of the statutes is repealed.

AB487-ASA2,17 Section 17 . 455.02 (1m) (title) of the statutes is amended to read:

AB487-ASA2,8,25 455.02 (1m) (title) License required to practice.

AB487-ASA2,18 Section 18. 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and amended to read:

AB487-ASA2,9,6 455.02 (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.

AB487-ASA2,19 Section 19 . 455.02 (2m) (d) of the statutes is amended to read:

AB487-ASA2,9,24 455.02 (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.”

AB487-ASA2,20 Section 20 . 455.02 (2m) (f) of the statutes is repealed and recreated to read:

AB487-ASA2,10,11 455.02 (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 any 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.”

AB487-ASA2,21 Section 21 . 455.02 (2m) (h) of the statutes is repealed.

AB487-ASA2,22 Section 22 . 455.02 (2m) (k) of the statutes is repealed and recreated to read:

AB487-ASA2,10,16 455.02 (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.

AB487-ASA2,23 Section 23 . 455.02 (2m) (m) of the statutes is amended to read:

AB487-ASA2,10,25 455.02 (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.

AB487-ASA2,24 Section 24. 455.02 (2m) (o) to (s) of the statutes are created to read:

AB487-ASA2,11,15 455.02 (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.”

AB487-ASA2,11,20 (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.”

AB487-ASA2,11,22 (q) A person whose activities are limited to testifying in a court in this state regarding services rendered in another state.

AB487-ASA2,12,2 (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), 2017 stats. A person acting under this paragraph may use the title “private practice school psychologist.”

AB487-ASA2,12,5 (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.”

AB487-ASA2,25 Section 25 . 455.02 (3m) (title) of the statutes is repealed.

AB487-ASA2,26 Section 26 . 455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and amended to read:

AB487-ASA2,12,17 455.02 (1m) (b) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (2) may use the title “psychologist" or any similar title or state or imply that he or she is licensed to practice psychology, and only an individual licensed under s. 455.04 (4) may use the title “private practice school psychologist" or any similar title or state or imply that he or she is licensed to engage in the private practice of school psychology. Except as provided in s. sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (4) or (2) may represent himself or herself to the public by any description of services incorporating the word “psychological" or “psychology "..”

AB487-ASA2,27 Section 27 . 455.025 of the statutes is created to read:

AB487-ASA2,12,21 455.025 Practice of medicine and surgery. Nothing in this chapter shall be construed to authorize a psychologist to engage in the practice of medicine and surgery.

AB487-ASA2,28 Section 28. 455.03 of the statutes is amended to read:

AB487-ASA2,13,7 455.03 Temporary practice. 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 offer provide psychological services as a psychologist in this state for on not more than 60 working 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 working days within a year. In this section, “day” means any part of a day during which psychological services are rendered.

AB487-ASA2,29 Section 29 . 455.04 (title) of the statutes is amended to read: