LRB-4232/1
MED:kjf&amn
2021 - 2022 LEGISLATURE
September 10, 2021 - Introduced by Representatives Tittl, Cabral-Guevara,
Cabrera, Milroy, Murphy, Mursau, Petryk, Rozar, Skowronski, Tauchen,
Tusler, VanderMeer and Knodl, cosponsored by Senators Jacque,
Bernier,
Darling and Felzkowski. Referred to Committee on Health.
AB537,2,2
1An Act to repeal 971.16 (1);
to renumber and amend 455.03;
to amend 16.417
2(1) (e) 4., 48.375 (2) (c), 48.375 (4) (b) 1m., 49.45 (30f), 49.45 (30j) (a) 1., 50.06
3(4), 51.03 (6) (a), 51.15 (2) (c), 146.34 (1) (i), 146.81 (1) (h), 146.997 (1) (d) 10.,
4155.01 (1g) (a), 155.01 (7), 165.77 (1) (a), 244.09 (3) (a), 252.14 (1) (ar) 6., 440.03
5(13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (L), 450.10 (3) (a) 9., chapter
6455 (title), 455.01 (intro.), 455.02 (2m) (intro.), 455.02 (2m) (f), 455.02 (2m) (p),
7455.03 (title), 455.06 (1) (a) and (2), 455.09 (1) (intro.), 455.09 (1) (c), 455.09 (1)
8(d), 455.09 (1) (g), 455.09 (3), 455.11, 457.02 (3), 632.89 (1) (e) 3., 905.04 (1) (e),
9939.615 (6) (e) and 971.17 (7) (c);
to repeal and recreate 302.384 (1m); and
to
10create 14.89, 440.03 (11m) (c) 2s., subchapter I (title) of chapter 455 [precedes
11455.01], 455.01 (1), 455.01 (2m), 455.01 (3r), 455.01 (9), 455.03 (2), 455.03 (3),
12subchapter II of chapter 455 [precedes 455.50], 455.51 and 990.01 (31m) of the
1statutes;
relating to: ratification of the Psychology Interjurisdictional
2Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Psychology Interjurisdictional
Compact (compact), which provides for the ability of a psychologist to practice more
easily in other compact states. Significant provisions of the compact include:
1. The creation of a Psychology Interjurisdictional Compact Commission
(commission), which includes one member or representative of the licensure boards
of each member state. The commission has various powers and duties granted in the
compact, including overseeing the administration of the compact, enforcing the
compact, adopting bylaws, promulgating binding rules for the compact, employing
officers and employees, and establishing and electing an executive board. The
commission may levy on and collect an annual assessment from each member state
or impose fees on other parties to cover the cost of the operations and activities of the
commission and its staff.
2. The ability for a psychologist to obtain an E.Passport, which allows a
psychologist to practice interjurisdictional telepsychology in another compact state
if the psychologist satisfies certain criteria. “Telepsychology” is defined as the
provision of psychological services using telecommunication technologies. The
compact specifies that a home state, defined as the state where the psychologist is
physically located, maintains authority over the license of any psychologist
practicing into a receiving state, defined as the compact state where the client or
patient is physically located, under the authority to practice interjurisdictional
telepsychology. A psychologist practicing into a receiving state under an E.Passport
is subject to the receiving state's scope of practice. The compact further provides that
a psychologist may practice in a receiving state under the authority to practice
interjurisdictional telepsychology only in the performance of the scope of practice for
psychology as assigned by an appropriate state psychology regulatory authority and
under circumstances specified in the compact. A receiving state may limit or revoke
a psychologist's authority to practice interjurisdictional telepsychology in the
receiving state and may take any other necessary actions to protect the health and
safety of the receiving state's citizens. If a psychologist's license or authority to
practice interjurisdictional telepsychology is restricted, suspended, or otherwise
limited, the psychologist's E.Passport is revoked and the psychologist may not
practice telepsychology in a compact state under the authority to practice
interjurisdictional telepsychology.
3. The ability for a psychologist to obtain an interjurisdictional practice
certificate (IPC), which grants temporary authorization for the psychologist to
provide temporary in-person, face-to-face psychological services in another
compact state for up to 30 days within a calendar year if the psychologist satisfies
certain criteria. A psychologist practicing into a distant state, defined as the state
where the psychologist is physically present to provide temporary in-person,
face-to-face psychological services, under the temporary authorization to practice
is subject to the distant state's scope of practice. A psychologist practicing into a
distant state under the temporary authorization to practice is subject to the distant
state's authority and law. A distant state may limit or revoke a psychologist's
temporary authorization to practice in the distant state and may take any other
necessary actions to protect the health and safety of the receiving state's citizens.
If a psychologist's license or temporary authorization to practice is restricted,
suspended, or otherwise limited, the psychologist's IPC is revoked and the
psychologist may not practice under the temporary authorization to practice.
4. The ability of member states to issue subpoenas that are enforceable in other
states.
5. The creation of a coordinated database and reporting system containing
licensure and disciplinary action information on psychologists to whom the compact
is applicable. The compact requires all home state disciplinary orders that impose
adverse actions to be reported to the commission. A member state must submit a
uniform data set to the data system on all individuals to whom this compact is
applicable as required by the rules of the commission.
6. Provisions regarding resolutions of disputes between the commission and
member states and between member and nonmember states, including a process for
termination of a state's membership in the compact if the state defaults on its
obligations under the compact.
Since the compact has already been enacted by the minimum number of states
required for it to become active, the compact becomes effective in this state upon
enactment of the bill. The compact provides that it may be amended upon enactment
of an amendment by all member states. A state may withdraw from the compact by
repealing the statute authorizing the compact, but the compact provides that a
withdrawal does not take effect until six months after the effective date of that
repeal.
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:
AB537,1
1Section
1. 14.89 of the statutes is created to read:
AB537,4,2
214.89 Psychology interjurisdictional compact. There is created a
3psychology interjurisdictional compact commission as specified in s. 455.50. The
4representative on the commission representing this state shall be appointed by the
5psychology examining board as provided in s. 455.50 (10) (b) 1. and shall be an
1individual described in s. 455.50 (10) (b) 1. a., b., or c. The commission has the powers
2and duties granted and imposed under s. 455.50.
AB537,2
3Section
2. 16.417 (1) (e) 4. of the statutes is amended to read:
AB537,4,54
16.417
(1) (e) 4. A psychologist who is licensed to practice psychology under
5subch. I of ch. 455.
AB537,4,148
48.375
(2) (c) “Counselor" means a physician including a physician specializing
9in psychiatry, a psychologist
licensed under s. 455.04 (1) or (2), or an ordained
10member of the clergy. “Counselor" does not include any person who is employed by
11or otherwise affiliated with a reproductive health care facility, a family planning
12clinic, or a family planning agency; any person affiliated with the performance of
13abortions, except abortions performed to save the life of the mother; or any person
14who may profit from giving advice to seek an abortion.
AB537,5,217
48.375
(4) (b) 1m. A physician who specializes in psychiatry or a psychologist
18licensed under s. 455.04 (1) or (2) states in writing that the physician or psychologist
19believes, to the best of his or her professional judgment based on the facts of the case
20before him or her, that the minor is likely to commit suicide rather than file a petition
21under s. 48.257 or approach her parent, or guardian or legal custodian, if one has
22been appointed, or an adult family member of the minor, or one of the minor's foster
23parents, if the minor has been placed in a foster home and the minor's parent has
24signed a waiver granting the department, a county department, or the foster parent
1the authority to consent to medical services or treatment on behalf of the minor, for
2consent.
AB537,5,185
49.45
(30f) Psychotherapy and alcohol and other drug abuse services. The
6department shall include licensed mental health professionals, as defined in s.
7632.89 (1) (dm), and psychologists
licensed under s. 455.04 (1) or (2) as providers of
8psychotherapy and of alcohol and other drug abuse services. Except for services
9provided under sub. (30e), the department may not require that licensed mental
10health professionals or licensed psychologists be supervised; may not require that
11clinical psychotherapy or alcohol and other drug abuse services be provided under
12a certified program; and, notwithstanding subs. (9) and (9m), may not require that
13a physician or other health care provider first prescribe psychotherapy or alcohol and
14other drug abuse services to be provided by a licensed mental health professional or
15licensed psychologist before the professional or psychologist may provide the
16services to the recipient. This subsection does not affect the department's powers
17under ch. 50 or 51 to establish requirements for facilities that are licensed, certified,
18or operated by the department.
AB537,6
19Section
6. 49.45 (30j) (a) 1. of the statutes is amended to read:
AB537,6,720
49.45
(30j) (a) 1. “Competent mental health professional” means a physician
21who has completed a residence in psychiatry; a psychologist
or; a private practice
22school psychologist licensed under ch. 455; a marriage and family therapist licensed
23under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13;
24an advanced practice social worker granted a certificate under s. 457.08 (2); an
25independent social worker granted a certificate under s. 457.08 (3); a clinical social
1worker licensed under s. 457.08 (4); a clinical substance abuse counselor or
2independent clinical supervisor certified under s. 440.88, or any of these individuals
3practicing under a currently valid training or temporary license or certificate
4granted under applicable provisions of ch. 457. “Competent mental health
5professional" does not include an individual whose license or certificate is suspended,
6revoked, or voluntarily surrendered, or whose license or certificate is limited or
7restricted, when practicing in areas prohibited by the limitation or restriction.
AB537,6,1910
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 psychologist
licensed under s. 455.04 (1) or (2), who personally examine the
13individual and sign a statement specifying that the individual is incapacitated. Mere
14old age, eccentricity, or physical disability, either singly or together, are insufficient
15to make a finding that an individual is incapacitated. Neither of the individuals who
16make a finding that an individual is incapacitated may be a relative, as defined in
17s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has
18a claim on any portion of the individual's estate. A copy of the statement shall be
19included in the individual's records in the facility to which he or she is admitted.
AB537,8
20Section
8. 51.03 (6) (a) of the statutes is amended to read:
AB537,7,721
51.03
(6) (a) In this subsection, “licensed treatment professional" means a
22physician who has completed a residence in psychiatry; a psychologist
or; a private
23practice school psychologist licensed under ch. 455; a marriage and family therapist
24licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12
25or 457.13; an advanced practice social worker granted a certificate under s. 457.08
1(2); an independent social worker licensed under s. 457.08 (3); a clinical social worker
2licensed under s. 457.08 (4); or any of these individuals practicing under a currently
3valid training or temporary license or certificate granted under applicable provisions
4of ch. 457. “Licensed treatment professional" does not include an individual whose
5license or certificate is suspended, revoked, or voluntarily surrendered, or whose
6license or certificate is limited or restricted, when practicing in areas prohibited by
7the limitation or restriction.
AB537,9
8Section
9. 51.15 (2) (c) of the statutes is amended to read:
AB537,7,189
51.15
(2) (c) The county department may approve the detention only if a
10physician who has completed a residency in psychiatry, a psychologist
licensed under
11ch. 455, or a mental health professional, as determined by the department, has
12performed a crisis assessment on the individual and agrees with the need for
13detention and the county department reasonably believes the individual will not
14voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize
15the individual and remove the substantial probability of physical harm, impairment,
16or injury to himself, herself, or others. For purposes of this paragraph, a crisis
17assessment may be conducted in person, by telephone, or by telemedicine or video
18conferencing technology.
AB537,10
19Section
10. 146.34 (1) (i) of the statutes is amended to read:
AB537,7,2320
146.34
(1) (i) “Psychologist" means a person
who is licensed to practice
21psychology under ch. 455
, who is exercising the temporary authorization to practice,
22as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority
23to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).
AB537,11
24Section
11. 146.81 (1) (h) of the statutes is amended to read:
AB537,8,4
1146.81
(1) (h) A psychologist
who is licensed under ch. 455
, who is exercising
2the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,
3or who is practicing under the authority to practice interjurisdictional
4telepsychology, as defined in s. 455.50 (2) (b).
AB537,12
5Section
12. 146.997 (1) (d) 10. of the statutes is amended to read:
AB537,8,96
146.997
(1) (d) 10. A psychologist
who is licensed under ch. 455
, who is
7exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in
8this state, or who is practicing under the authority to practice interjurisdictional
9telepsychology, as defined in s. 455.50 (2) (b).
AB537,8,1212
155.01
(1g) (a) A psychologist
licensed under s. 455.04 (1) or (2).
AB537,14
13Section
14. 155.01 (7) of the statutes is amended to read:
AB537,9,214
155.01
(7) “Health care provider" means a nurse licensed or permitted under
15ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
16physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
17therapist assistant, occupational therapist, or occupational therapy assistant
18licensed under ch. 448, a person practicing Christian Science treatment, an
19optometrist licensed under ch. 449, a psychologist
who is licensed under ch. 455
, who
20is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o),
21in this state, or who is practicing under the authority to practice interjurisdictional
22telepsychology, as defined in s. 455.50 (2) (b), a physical therapist or physical
23therapist assistant who holds a compact privilege under subch. IX of ch. 448, a
24partnership thereof, a corporation or limited liability company thereof that provides
25health care services, a cooperative health care association organized under s.
1185.981 that directly provides services through salaried employees in its own facility,
2or a home health agency, as defined in s. 50.49 (1) (a).
AB537,15
3Section
15. 165.77 (1) (a) of the statutes is amended to read:
AB537,9,84
165.77
(1) (a) “Health care professional" means a person licensed, certified, or
5registered under ch. 441, 448, or 455
or a person who is exercising the temporary
6authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
7practicing under the authority to practice interjurisdictional telepsychology, as
8defined in s. 455.50 (2) (b).
AB537,16
9Section
16. 244.09 (3) (a) of the statutes is amended to read:
AB537,9,1410
244.09
(3) (a) A physician licensed under ch. 448 or a psychologist
who is 11licensed under ch. 455
, who is exercising the temporary authorization to practice, as
12defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to
13practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), that the
14principal is incapacitated within the meaning of s. 244.02 (7) (a).
AB537,17
15Section
17. 252.14 (1) (ar) 6. of the statutes is amended to read:
AB537,9,1916
252.14
(1) (ar) 6. A psychologist
who is licensed under ch. 455
, who is exercising
17the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,
18or who is practicing under the authority to practice interjurisdictional
19telepsychology, as defined in s. 455.50 (2) (b).
AB537,18
20Section
18. 302.384 (1m) of the statutes is repealed and recreated to read:
AB537,9,2421
302.384
(1m) In this section, “health care professional" means a person
22licensed, certified, or registered under ch. 441, 448, or 455; a person who holds a
23compact privilege under subch. X of ch. 448; or a psychologist who is exercising the
24temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who
1is practicing under the authority to practice interjurisdictional telepsychology, as
2defined in s. 455.50 (2) (b).
AB537,19
3Section
19. 440.03 (11m) (c) 2s. of the statutes is created to read:
AB537,10,64
440.03
(11m) (c) 2s. The coordinated licensure information system under s.
5455.50 (9), if such disclosure is required under the psychology interjurisdictional
6compact under s. 455.50.
AB537,20
7Section
20. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB537,10,148
440.03
(13) (b) (intro.) The department may investigate whether an applicant
9for or holder of any of the following credentials has been charged with or convicted
10of a crime only pursuant to rules promulgated by the department under this
11paragraph, including rules that establish the criteria that the department will use
12to determine whether an investigation under this paragraph is necessary, except as
13provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3.,
and 448.985 (3) (a) 4.
,
14and 455.50 (3) (e) 4. and (f) 4.:
AB537,21
15Section
21. 440.03 (13) (c) of the statutes is amended to read:
AB537,11,1216
440.03
(13) (c) The department shall require an applicant for a private
17detective license or a private security permit under s. 440.26, an applicant for a
18juvenile martial arts instructor permit under sub. (17), an applicant for a real estate
19appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a
20multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact
21license under s. 448.05 (2) (f), an applicant for a physical therapist license under s.
22448.53 or physical therapist assistant license under s. 448.535,
an applicant for a
23psychologist license under s. 455.04, and a person for whom the department conducts
24an investigation under par. (b), to be photographed and fingerprinted on 2
25fingerprint cards, each bearing a complete set of the person's fingerprints. The
1department of justice may submit the fingerprint cards, and the department of
2justice shall submit the fingerprint cards of all applicants for a real estate appraiser
3certification under s. 458.06 or license under s. 458.08, of all applicants for a
4multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact
5license under s. 448.05 (2) (f),
and of all applicants for a physical therapist license
6under s. 448.53 or a physical therapist assistant license under s. 448.535
, and of all
7applicants for a psychologist license under s. 455.04, to the federal bureau of
8investigation for the purpose of verifying the identity of the persons fingerprinted
9and obtaining records of their criminal arrests and convictions. Information
10obtained from the federal bureau of investigation may be shared with the
11department or the appropriate credentialing board, but shall otherwise be kept
12confidential and is not subject to disclosure under s. 19.35.
AB537,11,20
15440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
16441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 450.071 (3) (c) 9.,
and 450.075
17(3) (c) 9.,
and 455.50 (3) (e) 4. and (f) 4., the department or a credentialing board may
18not require that an applicant for a credential or a credential holder be fingerprinted
19or submit fingerprints in connection with the department's or the credentialing
20board's credentialing.
AB537,23
21Section
23. 446.01 (1v) (L) of the statutes is amended to read:
AB537,12,222
446.01
(1v) (L) Psychology examining board under ch. 455.
“Health care
23professional" also includes an individual who is exercising the temporary
24authorization to practice, as defined in s. 455.50 (2) (o), in this state or practicing
1under the authority to practice interjurisdictional telepsychology, as defined in s.
2455.50 (2) (b).
AB537,24
3Section
24. 450.10 (3) (a) 9. of the statutes is amended to read:
AB537,12,74
450.10
(3) (a) 9. A psychologist
who is licensed under ch. 455
, who is exercising
5the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,
6or who is practicing under the authority to practice interjurisdictional
7telepsychology, as defined in s. 455.50 (2) (b).
AB537,25
8Section
25. Chapter 455 (title) of the statutes is amended to read:
AB537,12,109
CHAPTER 455
10
PSYCHOLOGY
EXAMINING BOARD
AB537,26
11Section 26
. Subchapter I (title) of chapter 455 [precedes 455.01] of the statutes
12is created to read:
AB537,12,1313
chapter 455
AB537,12,1414
Subchapter I
AB537,12,1515
REGULATION OF PSYCHOLOGY
AB537,27
16Section
27. 455.01 (intro.) of the statutes is amended to read:
AB537,12,17
17455.01 Definitions. (intro.) In this
chapter subchapter:
AB537,28
18Section
28. 455.01 (1) of the statutes is created to read:
AB537,12,2019
455.01
(1) “Authority to practice interjurisdictional telepsychology" has the
20meaning given in s. 455.50 (2) (b).
AB537,29
21Section
29. 455.01 (2m) of the statutes is created to read:
AB537,12,2222
455.01
(2m) “E.Passport” has the meaning given in s. 455.50 (2) (g).
AB537,30
23Section
30. 455.01 (3r) of the statutes is created to read:
AB537,12,2524
455.01
(3r) “Interjurisdictional practice certificate” has the meaning given in
25s. 455.50 (2) (im).