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Please see http://docs.legis.wisconsin.gov for the production version.
Various other changes
The bill makes various other changes to the laws governing the practice of
psychology, including:
1. Allowing the board to require a licensee or applicant to submit to a
psychological examination when there is reasonable cause to believe that the
individual is physically or mentally incapable of engaging in the practice of
psychology with reasonable skill such that he or she may endanger the safety of
patients or clients.
2. Various revisions to the laws governing professional discipline of
psychologists, including specifically allowing the board to take disciplinary action
against a licensee who practices outside the scope of his or her training, experience,
or education without appropriate supervision.
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:
AB487,1 1Section 1 . 15.405 (10m) of the statutes is amended to read:
AB487,3,92 15.405 (10m) Psychology examining board. There is created in the
3department of safety and professional services a psychology examining board
4consisting of 6 members appointed for staggered 4-year terms. Four of the members
5shall be psychologists licensed in this state. Each of the psychologist members shall
6represent a different specialty area within the field of psychology.
Two members
7shall be public members. The governor shall, to the extent possible, nominate
8psychologists to the board who represent different specialty areas within the field of
9psychology.
AB487,2 10Section 2 . 48.375 (2) (c) of the statutes is amended to read:
AB487,4,7
148.375 (2) (c) “Counselor" means a physician including a physician specializing
2in psychiatry, a licensed psychologist, as defined in s. 455.01 (4) licensed under ch.
3455
, or an ordained member of the clergy. “Counselor" does not include any person
4who is employed by or otherwise affiliated with a reproductive health care facility,
5a family planning clinic, or a family planning agency; any person affiliated with the
6performance of abortions, except abortions performed to save the life of the mother;
7or any person who may profit from giving advice to seek an abortion.
AB487,3 8Section 3 . 48.375 (4) (b) 1m. of the statutes is amended to read:
AB487,4,189 48.375 (4) (b) 1m. A physician who specializes in psychiatry or a licensed
10psychologist, as defined in s. 455.01 (4), licensed under ch. 455 states in writing that
11the physician or psychologist believes, to the best of his or her professional judgment
12based on the facts of the case before him or her, that the minor is likely to commit
13suicide rather than file a petition under s. 48.257 or approach her parent, or guardian
14or legal custodian, if one has been appointed, or an adult family member of the minor,
15or one of the minor's foster parents, if the minor has been placed in a foster home and
16the minor's parent has signed a waiver granting the department, a county
17department, or the foster parent the authority to consent to medical services or
18treatment on behalf of the minor, for consent.
AB487,4 19Section 4 . 49.45 (30f) of the statutes is amended to read:
AB487,5,820 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The
21department shall include licensed mental health professionals, as defined in s.
22632.89 (1) (dm), and licensed psychologists, as defined in s. 455.01 (4) licensed under
23ch. 455
, as providers of psychotherapy and of alcohol and other drug abuse services.
24Except for services provided under sub. (30e), the department may not require that
25licensed mental health professionals or licensed psychologists be supervised; may

1not require that clinical psychotherapy or alcohol and other drug abuse services be
2provided under a certified program; and, notwithstanding subs. (9) and (9m), may
3not require that a physician or other health care provider first prescribe
4psychotherapy or alcohol and other drug abuse services to be provided by a licensed
5mental health professional or licensed psychologist before the professional or
6psychologist may provide the services to the recipient. This subsection does not
7affect the department's powers under ch. 50 or 51 to establish requirements for
8facilities that are licensed, certified, or operated by the department.
AB487,5 9Section 5 . 50.06 (4) of the statutes is amended to read:
AB487,5,2010 50.06 (4) A determination that an individual is incapacitated for purposes of
11sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician
12and one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who
13personally examine the individual and sign a statement specifying that the
14individual is incapacitated. Mere old age, eccentricity, or physical disability, either
15singly or together, are insufficient to make a finding that an individual is
16incapacitated. Neither of the individuals who make a finding that an individual is
17incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have
18knowledge that he or she is entitled to or has a claim on any portion of the individual's
19estate. A copy of the statement shall be included in the individual's records in the
20facility to which he or she is admitted.
AB487,6 21Section 6 . 50.94 (8) of the statutes is amended to read:
AB487,6,622 50.94 (8) A determination that a person is incapacitated may be made only by
232 physicians or by one physician and one licensed psychologist, as defined in s. 455.01
24(4),
licensed under ch. 455 who personally examine the person and sign a statement
25specifying that the person is incapacitated. Mere old age, eccentricity , or physical

1disabilities, singly or together, are insufficient to determine that a person is
2incapacitated. Whoever determines that the person is incapacitated may not be a
3relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she
4is entitled to or has claim on any portion of the person's estate. A copy of the
5statement shall be included in the records of the incapacitated person in the hospice
6to which he or she is admitted.
AB487,7 7Section 7. 51.30 (1) (b) of the statutes is amended to read:
AB487,6,178 51.30 (1) (b) “Treatment records" include the registration and all other records
9that are created in the course of providing services to individuals for mental illness,
10developmental disabilities, alcoholism, or drug dependence and that are maintained
11by the department; by county departments under s. 51.42 or 51.437 and their staffs;
12by treatment facilities; or by psychologists licensed under s. 455.04 (1) or (2) or
13licensed mental health professionals who are not affiliated with a county department
14or treatment facility. Treatment records do not include notes or records maintained
15for personal use by an individual providing treatment services for the department,
16a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or
17records are not available to others.
AB487,8 18Section 8 . 54.01 (27) of the statutes is amended to read:
AB487,6,2019 54.01 (27) “Psychologist" means a licensed psychologist, as defined in s. 455.01
20(4)
licensed under ch. 455.
AB487,9 21Section 9 . 155.05 (2) of the statutes is amended to read:
AB487,7,722 155.05 (2) Unless otherwise specified in the power of attorney for health care
23instrument, an individual's power of attorney for health care takes effect upon a
24finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and
25one licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455, who

1personally examine the principal and sign a statement specifying that the principal
2has incapacity. Mere old age, eccentricity, or physical disability, either singly or
3together, are insufficient to make a finding of incapacity. Neither of the individuals
4who make a finding of incapacity may be a relative of the principal or have knowledge
5that he or she is entitled to or has a claim on any portion of the principal's estate.
6A copy of the statement, if made, shall be appended to the power of attorney for health
7care instrument.
AB487,10 8Section 10 . 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB487,7,129 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
10444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10,
11463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
12follows:
AB487,11 13Section 11. 440.88 (3m) of the statutes is amended to read:
AB487,7,2014 440.88 (3m) Exception. This section does not apply to a physician, as defined
15in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), a licensed
16psychologist, as defined in s. 455.01 (4) licensed under s. 455.04 (1) or (2), a marriage
17and family therapist, as defined in s. 457.01 (3), or a professional counselor, as
18defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or
19provides substance abuse counseling, treatment, or prevention services within the
20scope of his or her licensure.
AB487,12 21Section 12. 455.01 (3m) of the statutes is amended to read:
AB487,7,2522 455.01 (3m) “Fee" “ Fee," when used other than in reference to a fee for a
23credential,
means direct or indirect payment or compensation, monetary or
24otherwise, including the expectation of payment or compensation whether or not
25actually received.
AB487,13
1Section 13. 455.01 (4) of the statutes is repealed.
AB487,14 2Section 14 . 455.01 (5) of the statutes is repealed and recreated to read:
AB487,8,63 455.01 (5) (a) “Practice of psychology" means the observation, description,
4evaluation, interpretation, prediction, or modification of human behavior by the
5application of psychological principles, methods, or procedures for any of the
6following purposes, in exchange for a fee:
AB487,8,97 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic,
8maladaptive, or undesired behavior and promoting adaptive health maintaining
9behavior or psychological functioning.
AB487,8,1110 2. Evaluating, assessing, or facilitating the enhancement of individual, group,
11or organizational effectiveness.
AB487,8,1212 3. Assisting in legal decision making.
AB487,8,1413 (b) “Practice of psychology" includes all of the following if done in exchange for
14a fee:
AB487,8,1715 1. Psychological testing and the evaluation or assessment of a person's
16characteristics, including intelligence; personality; cognitive, physical, or emotional
17abilities; skills; interests; aptitudes; or neuropsychological functioning.
AB487,8,1918 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis,
19biofeedback, behavior therapy, and applied behavior analysis.
AB487,8,2220 3. The diagnosis, treatment, or management of mental and emotional disorders
21or disabilities, substance use disorders, disorders of habit or conduct, and the
22psychological aspects of physical illnesses, accidents, injuries, or disabilities.
AB487,8,2323 4. Psychoeducational evaluation, therapy, or remediation.
AB487,9,3
15. Consultation with other psychologists, physicians, or other health care
2professionals and with a patient regarding all available treatment options with
3respect to the provision of care for a specific patient or client.
AB487,9,64 6. The provision of direct services to individuals or groups for the purposes of
5enhancing individual or organizational effectiveness, using psychological principles,
6methods, or procedures.
AB487,9,77 7. The supervision of anything specified in subds. 1. to 6.
AB487,15 8Section 15. 455.01 (6) of the statutes is repealed and recreated to read:
AB487,9,149 455.01 (6) “Psychotherapy" means the diagnosis and treatment of mental,
10emotional, or behavioral disorders, conditions, or addictions through the application
11of methods derived from established psychological or systemic principles, including
12for the purpose of assisting individuals with modifying their behaviors, cognitions,
13emotions, or personality characteristics, or for the purpose of understanding
14unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.
AB487,16 15Section 16. 455.01 (7) of the statutes is repealed.
AB487,17 16Section 17 . 455.02 (1m) (title) of the statutes is amended to read:
AB487,9,1717 455.02 (1m) (title) License required to practice.
AB487,18 18Section 18 . 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and
19amended to read:
AB487,9,2320 455.02 (1m) (a) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03,
21no person may engage in the practice of psychology or the private practice of school
22psychology
, or attempt to do so or make a representation as authorized to do so,
23without a license issued by the examining board.
AB487,19 24Section 19 . 455.02 (2m) (d) of the statutes is amended to read:
AB487,10,19
1455.02 (2m) (d) A person employed in a position as a psychologist or
2psychological assistant by an a regionally accredited college, junior college or
3university or other academic or research
higher educational institution, if the person
4is performing activities that are a part of the duties for which he or she is employed,
5is performing those activities solely within the confines of or under the jurisdictions
6of the institution in which he or she is employed, and does not render or offer to
7render psychological services to the public for a fee over and above the salary that
8he or she receives for the performance of the official duties with the institution with
9which he or she is employed. An individual acting under this paragraph may,
10without obtaining a license under s. 455.04 (1) or (4), disseminate research findings
11and scientific information to others, such as accredited academic institutions or
12governmental agencies, or may offer lecture services for a fee.
teach the practice of
13psychology, conduct psychological research, present lectures on the practice of
14psychology, perform any consultation required by his or her academic or research
15functions, or provide expert testimony in court related to his or her field of expertise.
16A person employed in a position under this paragraph may utilize or represent
17himself or herself by the academic or research title conferred upon him or her by the
18administration of the laboratory, school, college, or university or use the title
19“psychology professor” or “academic psychologist.”
AB487,20 20Section 20 . 455.02 (2m) (f) of the statutes is repealed and recreated to read:
AB487,11,321 455.02 (2m) (f) A person providing psychological services as part of a
22psychology training program, if his or her activities and services constitute a part of
23the supervised course of study and are performed under the supervision of a
24psychologist licensed under this chapter and the person does not provide or offer to
25provide psychological services to the public for a fee over and above any salary that

1he or she may receive for the performance of the official duties with the employing
2agency or organization. A person providing services under this paragraph may use
3the title “psychology student,” “psychology intern,” or “psychology resident.”
AB487,21 4Section 21 . 455.02 (2m) (h) of the statutes is repealed.
AB487,22 5Section 22 . 455.02 (2m) (k) of the statutes is repealed and recreated to read:
AB487,11,86 455.02 (2m) (k) A person not trained as a psychologist whose activities are
7limited to educational or vocational counseling or testing that is performed in a
8human resources, personnel, or educational setting.
AB487,23 9Section 23 . 455.02 (2m) (m) of the statutes is amended to read:
AB487,11,1710 455.02 (2m) (m) A person providing psychological services as an employee of
11a federal, state or local governmental agency, if the person is providing the
12psychological services as a part of the duties for which he or she is employed, is
13providing the psychological services solely within the confines of or under the
14jurisdiction of the agency by which he or she is employed, and does not provide or offer
15to provide psychological services to the public for a fee over and above the salary that
16he or she receives for the performance of the official duties with the agency by which
17he or she is employed.
AB487,24 18Section 24 . 455.02 (2m) (o) to (s) of the statutes are created to read:
AB487,12,719 455.02 (2m) (o) A person providing psychological services as an employee of a
20state or local governmental agency, if the person is providing the psychological
21services as a part of the duties for which he or she is employed, is providing the
22psychological services solely within the confines of or under the jurisdiction of the
23agency by which he or she is employed, does not provide or offer to provide
24psychological services to the public for a fee over and above the salary that he or she
25receives for the performance of the official duties with the agency by which he or she

1is employed, and has received a master's degree in psychology from a regionally
2accredited higher educational institution or has fulfilled requirements
3commensurate with a master's degree, as determined by the examining board. The
4examining board may promulgate rules to further establish requirements for
5exemptions under this paragraph for persons who do not hold a master's degree in
6psychology. A person providing services under this paragraph may use the title
7“psychological associate.”
AB487,12,128 (p) A person providing psychological services under the supervision of a
9psychologist licensed under this chapter as part of a formal psychology fellowship
10program that meets the program standards of the Association of Psychology
11Postdoctoral and Internship Centers or its successor organization. A person
12providing services under this paragraph may use the title “psychology fellow.”
AB487,12,1413 (q) A person whose activities are limited to testifying in a court in this state
14regarding services rendered in another state.
AB487,12,1815 (r) A person engaging in the private practice of school psychology who holds a
16valid private practice school psychologist license issued under s. 455.04 (4), 2017
17stats. A person acting under this paragraph may use the title “private practice school
18psychologist.”
AB487,12,2119 (s) A person who holds a doctoral degree in psychology but does not engage in
20the practice of psychology. A person described in this paragraph may use the title
21“psychologist” or “doctor of psychology.”
AB487,25 22Section 25 . 455.02 (3m) (title) of the statutes is repealed.
AB487,26 23Section 26 . 455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and
24amended to read:
AB487,13,9
1455.02 (1m) (b) Except as provided in s. sub. (2m) and ss. 257.03 and 455.03,
2only an individual licensed under s. 455.04 (1) or (2) may use the title “psychologist"
3or any similar title or state or imply that he or she is licensed to practice psychology,
4and only an individual licensed under s. 455.04 (4) may use the title “private practice
5school psychologist" or any similar title or state or imply that he or she is licensed
6to engage in the private practice of school psychology
. Except as provided in s. sub.
7(2m) and ss.
257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (4)
8or (2) may represent himself or herself to the public by any description of services
9incorporating the word “psychological" or “psychology "..”
AB487,27 10Section 27 . 455.025 of the statutes is created to read:
AB487,13,13 11455.025 Practice of medicine and surgery. Nothing in this chapter shall
12be construed to authorize a psychologist to engage in the practice of medicine and
13surgery.
AB487,28 14Section 28. 455.03 of the statutes is amended to read:
AB487,14,3 15455.03 Temporary practice. A psychologist who is licensed or certified by
16a similar examining board of another state or territory of the United States or of a
17foreign country
or a Canadian province whose standards, in the opinion of the
18examining board, are equivalent to or higher than the requirements for licensure as
19a psychologist in s. 455.04 (1)
may offer provide psychological services as a
20psychologist
in this state for on not more than 60 working days in any year without
21holding a license issued under s. 455.04 (1). The psychologist shall report to the
22examining board the nature and extent of his or her practice in this state if it exceeds
2320 working days within a year. A psychologist provides psychological services in this
24state for purposes of this section whenever the patient or client is located in this
25state, regardless of whether the psychologist is temporarily located in this state or

1is providing services by electronic or telephonic means from the state or province
2where the psychologist is licensed. In this section, “day” means any part of a day
3during which psychological services are rendered.
AB487,29 4Section 29 . 455.04 (title) of the statutes is amended to read:
AB487,14,6 5455.04 (title) Licensure of psychologists and private practice school
6psychologists
.
AB487,30 7Section 30 . 455.04 (1) (intro.) of the statutes is amended to read:
AB487,14,138 455.04 (1) (intro.) The department Subject to s. 455.09, the examining board
9shall issue grant a psychologist license to an individual who submits an application
10for the license to the department on a form provided by the department, pays the fee
11specified in s. 440.05 (1) or, if sub. (3) applies, the fee specified in s. 440.05 (2)
12determined by the department under s. 440.03 (9), and is found by the examining
13board to meet
satisfies all of the following requirements:
AB487,31 14Section 31 . 455.04 (1) (b) of the statutes is amended to read:
AB487,14,1615 455.04 (1) (b) Subject to ss. 111.321, 111.322 , and 111.335, not have an arrest
16or
a conviction record.
AB487,32 17Section 32 . 455.04 (1) (c) of the statutes is amended to read:
AB487,15,218 455.04 (1) (c) Hold a doctoral degree in psychology from a college or university
19accredited by a regional accrediting agency approved by the state board of education
20in the state in which the college or university is located
program accredited by the
21American Psychological Association or the Canadian Psychological Association
, or
22have had other academic training or specialized experience, which in the opinion of
23that the examining board is determines to be substantially equivalent thereto based
24upon standards established by rule
. The examining board may require examinations
25to determine the equivalence of such training and experience and may also require

1examinations
for individuals holding doctoral degrees in psychology from
2non-American universities.
AB487,33 3Section 33 . 455.04 (1) (d) of the statutes is repealed and recreated to read:
AB487,15,54 455.04 (1) (d) Complete any predoctoral supervised experience requirements
5established by the examining board by rule.
AB487,34 6Section 34 . 455.04 (1) (dm) of the statutes is created to read:
AB487,15,87 455.04 (1) (dm) Complete any postdoctoral supervised experience
8requirements established by the examining board by rule.
AB487,35 9Section 35 . 455.04 (1) (e) of the statutes is amended to read:
AB487,15,1410 455.04 (1) (e) Pass the examination under s. 455.045 (1) (a). This paragraph
11does not apply to an applicant who is licensed as a psychologist in another state if
12the applicant submits proof of completion of continuing educational programs or
13courses approved under s. 455.065 (4) for the minimum number of hours required in
14the rules promulgated under s. 455.065 (3).
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