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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)
.
AB537,13 10Section 13. 155.01 (1g) (a) of the statutes, as affected by 2021 Wisconsin Act
1122
, is amended to read:
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.
AB537,22 13Section 22. 440.15 of the statutes, as affected by 2021 Wisconsin Act 25, is
14amended to read:
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).
AB537,31
1Section 31. 455.01 (9) of the statutes is created to read:
AB537,13,32 455.01 (9) “Temporary authorization to practice” has the meaning given in s.
3455.50 (2) (o).
AB537,32 4Section 32. 455.02 (2m) (intro.) of the statutes is amended to read:
AB537,13,65 455.02 (2m) Exceptions. (intro.) A license under this chapter subchapter is
6not required for any of the following:
AB537,33 7Section 33. 455.02 (2m) (f) of the statutes, as affected by 2021 Wisconsin Act
822
, is amended to read:
AB537,13,169 455.02 (2m) (f) A person providing psychological services as part of a
10psychology training program, if his or her activities and services constitute a part of
11the supervised course of study and are performed under the supervision of a
12psychologist licensed under this chapter subchapter and the person does not provide
13or offer to provide psychological services to the public for a fee over and above the
14salary that he or she may receive for the performance of the official duties with the
15employing agency or organization. A person providing services under this paragraph
16may use the title “psychology student,” “psychology intern,” or “psychology resident.”
AB537,34 17Section 34. 455.02 (2m) (p) of the statutes, as created by 2021 Wisconsin Act
1822
, is amended to read:
AB537,13,2319 455.02 (2m) (p) A person providing psychological services under the
20supervision of a psychologist licensed under this chapter subchapter as part of a
21formal psychology fellowship program that meets the program standards of an
22organization as determined by the examining board. A person providing services
23under this paragraph may use the title “psychology fellow.”
AB537,35 24Section 35. 455.03 (title) of the statutes is amended to read:
AB537,13,25 25455.03 (title) Temporary practice ; telepsychology.
AB537,36
1Section 36. 455.03 of the statutes, as affected by 2021 Wisconsin Act 22, is
2renumbered 455.03 (1) (b) and amended to read:
AB537,14,103 455.03 (1) (b) A psychologist who is licensed or certified by a similar examining
4board of another state or territory of the United States or of a foreign country or
5province whose standards, in the opinion of the examining board, are equivalent to
6or higher than the requirements for licensure as a psychologist in s. 455.04 (1) may
7provide psychological services in this state on not more than 60 days in any year
8without holding a license issued under s. 455.04 (1). The psychologist shall report
9to the examining board the nature and extent of his or her practice in this state if it
10exceeds 20 days within a year.
AB537,14,12 11(a) In this section subsection, “day” means any part of a day during which
12psychological services are rendered.
AB537,37 13Section 37. 455.03 (2) of the statutes is created to read:
AB537,14,1614 455.03 (2) An individual who holds a valid interjurisdictional practice
15certificate may exercise the temporary authorization to practice in this state, subject
16to s. 455.50 (5).
AB537,38 17Section 38. 455.03 (3) of the statutes is created to read:
AB537,14,2018 455.03 (3) An individual who holds a valid E.Passport may practice under the
19authority to practice interjurisdictional telepsychology, subject to s. 455.50 (4) and
20(6).
AB537,39 21Section 39. 455.06 (1) (a) and (2) of the statutes, as affected by 2021 Wisconsin
22Act 22
, are amended to read:
AB537,15,223 455.06 (1) (a) Except as provided in par. (b), the renewal dates for licenses
24issued under this chapter subchapter or under s. 455.04 (4), 2019 stats., are specified

1under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the
2department under s. 440.03 (9) (a).
AB537,15,6 3(2) An applicant for renewal of a license issued under this chapter subchapter
4or under s. 455.04 (4), 2019 stats., shall include with his or her application proof in
5the form specified by the examining board that he or she has completed the hours of
6continuing education required under s. 455.065.
AB537,40 7Section 40. 455.09 (1) (intro.) of the statutes is amended to read:
AB537,15,138 455.09 (1) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
9examining board may deny an application for a license, or may by order suspend for
10a period not exceeding one year, limit, revoke or impose probationary conditions upon
11a license, E.Passport, or interjurisdictional practice certificate or reprimand a
12licensee or a holder of an E.Passport or interjurisdictional practice certificate if the
13applicant or, licensee, or holder does any of the following:
AB537,41 14Section 41. 455.09 (1) (c) of the statutes is amended to read:
AB537,15,1715 455.09 (1) (c) Impersonates another person holding a license under this chapter
16subchapter or allows another person to use his or her license, E.Passport, or
17interjurisdictional practice certificate
.
AB537,42 18Section 42. 455.09 (1) (d) of the statutes is amended to read:
AB537,15,2019 455.09 (1) (d) Uses fraud or deception in applying for a license under this
20chapter subchapter, an E.Passport, or an interjurisdictional practice certificate.
AB537,43 21Section 43. 455.09 (1) (g) of the statutes is amended to read:
AB537,15,2322 455.09 (1) (g) Violates this chapter subchapter or any rule of professional
23conduct promulgated under this chapter subchapter.
AB537,44 24Section 44. 455.09 (3) of the statutes, as affected by 2021 Wisconsin Act 22,
25is amended to read:
AB537,16,6
1455.09 (3) A revoked license may not be renewed. An individual may, no sooner
2than one year after the date of revocation, apply for reinstatement of a license under
3this chapter subchapter. The examining board may accept or reject an application
4for reinstatement. If reinstatement is granted under this subsection, the licensee
5shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection
6does not apply to a license that is revoked under s. 440.12.
AB537,45 7Section 45. 455.11 of the statutes is amended to read:
AB537,16,9 8455.11 Penalty. Any person who violates this chapter subchapter may be fined
9not more than $200 or imprisoned not exceeding 6 months or both.
AB537,46 10Section 46 . Subchapter II of chapter 455 [precedes 455.50] of the statutes is
11created to read:
AB537,16,1212 chapter 455
AB537,16,1313 Subchapter II
AB537,16,1514 PSYCHOLOGY INTERJURISDICTIONAL
15 COMPACT (PSYPACT)
AB537,16,16 16455.50 Psychology interjurisdictional compact. (1) Article I — Purpose.
AB537,16,1917 Whereas, states license psychologists, in order to protect the public through
18verification of education, training and experience and ensure accountability for
19professional practice; and
AB537,16,2320 Whereas, this compact is intended to regulate the day to day practice of
21telepsychology (i.e. the provision of psychological services using telecommunication
22technologies) by psychologists across state boundaries in the performance of their
23psychological practice as assigned by an appropriate authority; and
AB537,17,224 Whereas, this compact is intended to regulate the temporary in-person,
25face-to-face practice of psychology by psychologists across state boundaries for 30

1days within a calendar year in the performance of their psychological practice as
2assigned by an appropriate authority;
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