SB378: Bill Text

SB378,6,17 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.

SB378,8 Section 8 . 54.01 (27) of the statutes is amended to read:

SB378,6,20 54.01 (27) “Psychologist" means a licensed psychologist, as defined in s. 455.01 (4) licensed under ch. 455.

SB378,9 Section 9 . 155.05 (2) of the statutes is amended to read:

SB378,7,7 155.05 (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.

SB378,10 Section 10 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB378,7,12 440.08 (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:

SB378,11 Section 11. 440.88 (3m) of the statutes is amended to read:

SB378,7,20 440.88 (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.

SB378,12 Section 12. 455.01 (3m) of the statutes is amended to read:

SB378,7,25 455.01 (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.

SB378,13 Section 13. 455.01 (4) of the statutes is repealed.

SB378,14 Section 14 . 455.01 (5) of the statutes is repealed and recreated to read:

SB378,8,6 455.01 (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:

SB378,8,9 1. Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior and promoting adaptive health maintaining behavior or psychological functioning.

SB378,8,11 2. Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness.

SB378,8,12 3. Assisting in legal decision making.

SB378,8,14 (b) “Practice of psychology" includes all of the following if done in exchange for a fee:

SB378,8,17 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.

SB378,8,19 2. Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, behavior therapy, and applied behavior analysis.

SB378,8,22 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.

SB378,8,23 4. Psychoeducational evaluation, therapy, or remediation.

SB378,9,3 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.

SB378,9,6 6. The provision of direct services to individuals or groups for the purposes of enhancing individual or organizational effectiveness, using psychological principles, methods, or procedures.

SB378,9,7 7. The supervision of anything specified in subds. 1. to 6.

SB378,15 Section 15. 455.01 (6) of the statutes is repealed and recreated to read:

SB378,9,14 455.01 (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.

SB378,16 Section 16. 455.01 (7) of the statutes is repealed.

SB378,17 Section 17 . 455.02 (1m) (title) of the statutes is amended to read:

SB378,9,17 455.02 (1m) (title) License required to practice.

SB378,18 Section 18 . 455.02 (1m) of the statutes is renumbered 455.02 (1m) (a) and amended to read:

SB378,9,23 455.02 (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.

SB378,19 Section 19 . 455.02 (2m) (d) of the statutes is amended to read:

SB378,10,19 455.02 (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.”

SB378,20 Section 20 . 455.02 (2m) (f) of the statutes is repealed and recreated to read:

SB378,11,3 455.02 (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.”

SB378,21 Section 21 . 455.02 (2m) (h) of the statutes is repealed.

SB378,22 Section 22 . 455.02 (2m) (k) of the statutes is repealed and recreated to read:

SB378,11,8 455.02 (2m) (k) A person not trained as a psychologist whose activities are limited to educational or vocational counseling or testing that is performed in a human resources, personnel, or educational setting.

SB378,23 Section 23 . 455.02 (2m) (m) of the statutes is amended to read:

SB378,11,17 455.02 (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.

SB378,24 Section 24 . 455.02 (2m) (o) to (s) of the statutes are created to read:

SB378,12,7 455.02 (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.”

SB378,12,12 (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 the Association of Psychology Postdoctoral and Internship Centers or its successor organization. A person providing services under this paragraph may use the title “psychology fellow.”

SB378,12,14 (q) A person whose activities are limited to testifying in a court in this state regarding services rendered in another state.

SB378,12,18 (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.”

SB378,12,21 (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.”

SB378,25 Section 25 . 455.02 (3m) (title) of the statutes is repealed.

SB378,26 Section 26 . 455.02 (3m) of the statutes is renumbered 455.02 (1m) (b) and amended to read:

SB378,13,9 455.02 (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 "..”

SB378,27 Section 27 . 455.025 of the statutes is created to read:

SB378,13,13 455.025 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.

SB378,28 Section 28. 455.03 of the statutes is amended to read:

SB378,14,3 455.03 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 a Canadian 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. A psychologist provides psychological services in this state for purposes of this section whenever the patient or client is located in this state, regardless of whether the psychologist is temporarily located in this state or is providing services by electronic or telephonic means from the state or province where the psychologist is licensed. In this section, “day” means any part of a day during which psychological services are rendered.

SB378,29 Section 29 . 455.04 (title) of the statutes is amended to read:

SB378,14,6 455.04 (title) Licensure of psychologists and private practice school psychologists.

SB378,30 Section 30 . 455.04 (1) (intro.) of the statutes is amended to read:

SB378,14,13 455.04 (1) (intro.) The department Subject to s. 455.09, the examining board shall issue grant a psychologist license to an individual who submits an application for the license to the department on a form provided by the department, pays the fee specified in s. 440.05 (1) or, if sub. (3) applies, the fee specified in s. 440.05 (2) determined by the department under s. 440.03 (9), and is found by the examining board to meet satisfies all of the following requirements:

SB378,31 Section 31 . 455.04 (1) (b) of the statutes is amended to read:

SB378,14,16 455.04 (1) (b) Subject to ss. 111.321, 111.322 , and 111.335, not have an arrest or a conviction record.

SB378,32 Section 32 . 455.04 (1) (c) of the statutes is amended to read:

SB378,15,2 455.04 (1) (c) Hold a doctoral degree in psychology from a college or university accredited by a regional accrediting agency approved by the state board of education in the state in which the college or university is located program accredited by the American Psychological Association or the Canadian Psychological Association, or have had other academic training or specialized experience, which in the opinion of that the examining board is determines to be substantially equivalent thereto based upon standards established by rule. The examining board may require examinations to determine the equivalence of such training and experience and may also require examinations for individuals holding doctoral degrees in psychology from non-American universities.

SB378,33 Section 33 . 455.04 (1) (d) of the statutes is repealed and recreated to read:

SB378,15,5 455.04 (1) (d) Complete any predoctoral supervised experience requirements established by the examining board by rule.

SB378,34 Section 34 . 455.04 (1) (dm) of the statutes is created to read:

SB378,15,8 455.04 (1) (dm) Complete any postdoctoral supervised experience requirements established by the examining board by rule.

SB378,35 Section 35 . 455.04 (1) (e) of the statutes is amended to read:

SB378,15,14 455.04 (1) (e) Pass the examination under s. 455.045 (1) (a). This paragraph does not apply to an applicant who is licensed as a psychologist in another state if the applicant submits proof of completion of continuing educational programs or courses approved under s. 455.065 (4) for the minimum number of hours required in the rules promulgated under s. 455.065 (3).

SB378,36 Section 36 . 455.04 (2) of the statutes is created to read:

SB378,15,21 455.04 (2) Subject to s. 455.09, the examining board shall grant an interim psychologist license to an individual who submits an application for the license, pays the fee specified under s. 440.05 (6), and satisfies the requirements for a license under sub. (1) (a) to (f), other than the requirement under sub. (1) (dm). An individual licensed under this subsection may provide psychological services only under the supervision of qualified supervisors, as determined by the examining board.

SB378,37 Section 37 . 455.04 (3) of the statutes is amended to read:

SB378,16,4 455.04 (3) The examining board may waive the requirements of sub. (1) (c) and (d) to (e) if a candidate holds a diploma of the American board of examiners in professional psychology, or an applicant holds a certificate or license of an examining board of some other state or territory or foreign country or a Canadian province, if the standards of such other examining board are deemed by the members of this examining board to be substantially equivalent to the standards of this state and like reciprocity is extended to holders of licenses issued by this state.

SB378,38 Section 38 . 455.04 (4) of the statutes is repealed and recreated to read:

SB378,16,11 455.04 (4) An individual who, on the day before the effective date of this subsection .... [LRB inserts date], held a valid private practice school psychologist license under s. 455.04 (4), 2017 stats., may continue to renew that license as provided in s. 455.06. The examining board may not grant any initial private practice school psychologist license based on an application received on or after the effective date of this subsection .... [LRB inserts date].

SB378,39 Section 39 . 455.04 (5) of the statutes is amended to read:

SB378,16,16 455.04 (5) Applicants for licensure under subs. (1) and (4) this section may be required to appear before the examining board in person prior to licensure to allow the examining board to make such inquiry of them as to qualifications and other matters as it considers proper.

SB378,40 Section 40 . 455.045 (1) of the statutes is amended to read:

SB378,16,21 455.045 (1) The examining board shall administer In order to qualify for a psychologist license under s. 455.04 (1) or (2), an applicant must have passed all of the following examinations for psychologist licensure at least semiannually at times and places determined by the examining board:

SB378,16,22 (a) A written examination on the professional practice of psychology.

SB378,16,24 (b) A written examination in the elements of practice essential to the public health, safety or welfare on state law related to the practice of psychology.

SB378,41 Section 41 . 455.045 (2) of the statutes is repealed.

SB378,42 Section 42. 455.045 (3) of the statutes is repealed and recreated to read:

SB378,17,4 455.045 (3) The examining board shall set passing scores for examinations under sub. (1) (a) or (b). The examining board may adopt passing scores recommended by test developers.

SB378,43 Section 43. 455.06 of the statutes is repealed and recreated to read:

SB378,17,9 455.06 Renewals. (1) (a) Except as provided in par. (b), the renewal dates for licenses issued under this chapter or under s. 455.04 (4), 2017 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).

SB378,17,15 (b) A license issued under s. 455.04 (2) is valid for 2 years or until the individual obtains a license under s. 455.04 (1) and may not be renewed, except that the examining board may promulgate rules specifying circumstances in which the examining board, in cases of hardship, may allow an individual to renew a license issued under s. 455.04 (2). Notwithstanding sub. (2), an individual holding a license issued under s. 455.04 (2) is not required to complete continuing education.

SB378,17,19 (2) An applicant for renewal of a license issued under this chapter or under s. 455.04 (4), 2017 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.

SB378,44 Section 44 . 455.065 (1) of the statutes is amended to read:

SB378,18,4 455.065 (1) Promulgate rules establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license, and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses. The examining board may establish criteria for the substitution of hours of professional activities to meet continuing education requirements. A licensee shall retain for a minimum period of 6 years and shall make available to the examining board or its agent upon request proof that the licensee completed the required continuing education.