STATE OF WISCONSIN
PSYCHOLOGY EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : PSYCHOLOGY EXAMINING BOARD
PSYCHOLOGY EXAMINING : ADOPTING EMERGENCY RULES
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The statement of scope for this rule, SS 152 – 20, was approved by the Governor on December 4, 2020, published in Register 780A1 on December 7, 2020, and approved by the Psychology Examining Board on December 18, 2020. This emergency rule was approved by the Governor on December 23, 2020.
ORDER
An order of the Psychology Examining Board to amend Psy 4.017 (2) (b), relating to the renewal and reinstatement of licenses.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
The Psychology Examining Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Psychology Board has concluded that preservation of health, safety, or welfare necessitates placing a rule into effect prior to the time it could be effective if the agency were to comply with rule making procedures. The emergency rule is required to correct a drafting error in CR 19-117 reducing the number of continuing education hours for late licensure renewal from 40 hours to 30 hours. The intent of the Psychology Board was to maintain the current 40 hour continuing education requirement whether the licensee renews at the proper time or if they renew late. CR 19-117 will go into effect on January 1, 2021. The result if this emergency rule does not go into effect is that those licensees who report on time will be penalized by having to report 10 continuing education hours more than those who are tardy. This will create an inequity in the rule and confusion among licensees. Pursuant to s. 440.08 (2) (a) 64., Stats., the next license renewal date for psychologists is October 1, 2021. ------------------------------------------------------------------------------------------------------------
ANALYSIS
Explanation of agency authority:
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. [s. 15.08 (5) (b), Stats.] The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements to restore the credential, in addition to the applicable requirements for renewal established under chs. 440 to 480, that the department, examining board or affiliated credentialing board determines are necessary to protect the public health, safety, or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed to obtain an initial credential from the department, the examining board or the affiliated credentialing board. [s. 440.08 (3) (b), Stats.] Related statute or rule: Psy 4
Plain language analysis:
The objective of the emergency and permanent rule is to correct a drafting error in Psy 4 in CR 19-117, relating to renewal and reinstatement of licenses. CR 19-117 erroneously reduces the number of continuing education hours for late licensure renewal from 40 hours to 30 hours. The result is that licensees who renew their licenses late must report only 30 continuing education credits. Those who renew at the proper time must report 40 continuing education hours. The proposed rule will correct the error and restore equity between those who renew in a timely fashion and those who renew late. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
The Illinois Department of Financial and Professional Regulation licenses clinical psychologists, prescribing psychologists, prescribing psychologists controlled substance, and prescribing psychologists clinical rotation program. Random audits of continuing education are performed. Additionally, Illinois offers “restoration” of an inactive license requiring verification of active practice is another jurisdiction, one year in an approved education program, six months in a supervised experience, or passing the examination.
Iowa:
The Iowa Board of Psychology is in the Bureau of Professional Licensure in the Department of Public Health. Random audits of continuing education are performed each renewal cycle. Additionally, Iowa offers “reactivation” of an inactive license, requiring an application, fee, verification of competence through a current license in another jurisdiction, and evidence of having completed 40 hours of continuing education, or, if the license has been inactive for more than five years, evidence of having completed 80 hours of continuing education.
Michigan:
