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SB534,5 11Section 5. 49.45 (30f) of the statutes, as affected by 2021 Wisconsin Act 22, is
12amended to read:
SB534,6,213 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The
14department shall include licensed mental health professionals, as defined in s.
15632.89 (1) (dm), and psychologists licensed under s. 455.04 (1) or (2) as providers of
16psychotherapy and of alcohol and other drug abuse services. Except for services
17provided under sub. (30e), the department may not require that licensed mental
18health professionals or licensed psychologists be supervised; may not require that
19clinical psychotherapy or alcohol and other drug abuse services be provided under
20a certified program; and, notwithstanding subs. (9) and (9m), may not require that
21a physician or other health care provider first prescribe psychotherapy or alcohol and
22other drug abuse services to be provided by a licensed mental health professional or
23licensed psychologist before the professional or psychologist may provide the
24services to the recipient. This subsection does not affect the department's powers

1under ch. 50 or 51 to establish requirements for facilities that are licensed, certified,
2or operated by the department.
SB534,6 3Section 6. 49.45 (30j) (a) 1. of the statutes is amended to read:
SB534,6,164 49.45 (30j) (a) 1. “Competent mental health professional” means a physician
5who has completed a residence in psychiatry; a psychologist or; a private practice
6school psychologist licensed under ch. 455; a marriage and family therapist licensed
7under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13;
8an advanced practice social worker granted a certificate under s. 457.08 (2); an
9independent social worker granted a certificate under s. 457.08 (3); a clinical social
10worker licensed under s. 457.08 (4); a clinical substance abuse counselor or
11independent clinical supervisor certified under s. 440.88, or any of these individuals
12practicing under a currently valid training or temporary license or certificate
13granted under applicable provisions of ch. 457. “Competent mental health
14professional" does not include an individual whose license or certificate is suspended,
15revoked, or voluntarily surrendered, or whose license or certificate is limited or
16restricted, when practicing in areas prohibited by the limitation or restriction.
SB534,7 17Section 7. 50.06 (4) of the statutes, as affected by 2021 Wisconsin Act 22, is
18amended to read:
SB534,7,319 50.06 (4) A determination that an individual is incapacitated for purposes of
20sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician
21and one psychologist licensed under s. 455.04 (1) or (2), who personally examine the
22individual and sign a statement specifying that the individual is incapacitated. Mere
23old age, eccentricity, or physical disability, either singly or together, are insufficient
24to make a finding that an individual is incapacitated. Neither of the individuals who
25make a finding that an individual is incapacitated may be a relative, as defined in

1s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has
2a claim on any portion of the individual's estate. A copy of the statement shall be
3included in the individual's records in the facility to which he or she is admitted.
SB534,8 4Section 8. 51.03 (6) (a) of the statutes is amended to read:
SB534,7,165 51.03 (6) (a) In this subsection, “licensed treatment professional" means a
6physician who has completed a residence in psychiatry; a psychologist or; a private
7practice school psychologist licensed under ch. 455; a marriage and family therapist
8licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12
9or 457.13; an advanced practice social worker granted a certificate under s. 457.08
10(2); an independent social worker licensed under s. 457.08 (3); a clinical social worker
11licensed under s. 457.08 (4); or any of these individuals practicing under a currently
12valid training or temporary license or certificate granted under applicable provisions
13of ch. 457. “Licensed treatment professional" does not include an individual whose
14license or certificate is suspended, revoked, or voluntarily surrendered, or whose
15license or certificate is limited or restricted, when practicing in areas prohibited by
16the limitation or restriction.
SB534,9 17Section 9. 51.15 (2) (c) of the statutes is amended to read:
SB534,8,218 51.15 (2) (c) The county department may approve the detention only if a
19physician who has completed a residency in psychiatry, a psychologist licensed under
20ch. 455
, or a mental health professional, as determined by the department, has
21performed a crisis assessment on the individual and agrees with the need for
22detention and the county department reasonably believes the individual will not
23voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize
24the individual and remove the substantial probability of physical harm, impairment,
25or injury to himself, herself, or others. For purposes of this paragraph, a crisis

1assessment may be conducted in person, by telephone, or by telemedicine or video
2conferencing technology.
SB534,10 3Section 10. 146.34 (1) (i) of the statutes is amended to read:
SB534,8,74 146.34 (1) (i) “Psychologist" means a person who is licensed to practice
5psychology under ch. 455, who is exercising the temporary authorization to practice,
6as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority
7to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,11 8Section 11. 146.81 (1) (h) of the statutes is amended to read:
SB534,8,129 146.81 (1) (h) A psychologist who is licensed under ch. 455, who is exercising
10the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,
11or who is practicing under the authority to practice interjurisdictional
12telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,12 13Section 12. 146.997 (1) (d) 10. of the statutes is amended to read:
SB534,8,1714 146.997 (1) (d) 10. A psychologist who is licensed under ch. 455, who is
15exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in
16this state, or who is practicing under the authority to practice interjurisdictional
17telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,13 18Section 13. 155.01 (1g) (a) of the statutes, as affected by 2021 Wisconsin Act
1922
, is amended to read:
SB534,8,2020 155.01 (1g) (a) A psychologist licensed under s. 455.04 (1) or (2).
SB534,14 21Section 14. 155.01 (7) of the statutes is amended to read:
SB534,9,1022 155.01 (7) “Health care provider" means a nurse licensed or permitted under
23ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
24physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
25therapist assistant, occupational therapist, or occupational therapy assistant

1licensed under ch. 448, a person practicing Christian Science treatment, an
2optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who
3is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o),
4in this state, or who is practicing under the authority to practice interjurisdictional
5telepsychology, as defined in s. 455.50 (2) (b)
, a physical therapist or physical
6therapist assistant who holds a compact privilege under subch. IX of ch. 448, a
7partnership thereof, a corporation or limited liability company thereof that provides
8health care services, a cooperative health care association organized under s.
9185.981 that directly provides services through salaried employees in its own facility,
10or a home health agency, as defined in s. 50.49 (1) (a).
SB534,15 11Section 15. 165.77 (1) (a) of the statutes is amended to read:
SB534,9,1612 165.77 (1) (a) “Health care professional" means a person licensed, certified, or
13registered under ch. 441, 448, or 455 or a person who is exercising the temporary
14authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
15practicing under the authority to practice interjurisdictional telepsychology, as
16defined in s. 455.50 (2) (b)
.
SB534,16 17Section 16. 244.09 (3) (a) of the statutes is amended to read:
SB534,9,2218 244.09 (3) (a) A physician licensed under ch. 448 or a psychologist who is
19licensed under ch. 455, who is exercising the temporary authorization to practice, as
20defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to
21practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b),
that the
22principal is incapacitated within the meaning of s. 244.02 (7) (a).
SB534,17 23Section 17. 252.14 (1) (ar) 6. of the statutes is amended to read:
SB534,9,2524 252.14 (1) (ar) 6. A psychologist who is licensed under ch. 455, who is exercising
25the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,

1or who is practicing under the authority to practice interjurisdictional
2telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,18 3Section 18. 302.384 (1m) of the statutes is repealed and recreated to read:
SB534,10,94 302.384 (1m) In this section, “health care professional" means a person
5licensed, certified, or registered under ch. 441, 448, or 455; a person who holds a
6compact privilege under subch. X of ch. 448; or a psychologist who is exercising the
7temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who
8is practicing under the authority to practice interjurisdictional telepsychology, as
9defined in s. 455.50 (2) (b).
SB534,19 10Section 19. 440.03 (11m) (c) 2s. of the statutes is created to read:
SB534,10,1311 440.03 (11m) (c) 2s. The coordinated licensure information system under s.
12455.50 (9), if such disclosure is required under the psychology interjurisdictional
13compact under s. 455.50.
SB534,20 14Section 20. 440.03 (13) (b) (intro.) of the statutes is amended to read:
SB534,10,2115 440.03 (13) (b) (intro.) The department may investigate whether an applicant
16for or holder of any of the following credentials has been charged with or convicted
17of a crime only pursuant to rules promulgated by the department under this
18paragraph, including rules that establish the criteria that the department will use
19to determine whether an investigation under this paragraph is necessary, except as
20provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., and 448.985 (3) (a) 4.,
21and 455.50 (3) (e) 4. and (f) 4.
:
SB534,21 22Section 21. 440.03 (13) (c) of the statutes is amended to read:
SB534,11,1923 440.03 (13) (c) The department shall require an applicant for a private
24detective license or a private security permit under s. 440.26, an applicant for a
25juvenile martial arts instructor permit under sub. (17), an applicant for a real estate

1appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a
2multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact
3license under s. 448.05 (2) (f), an applicant for a physical therapist license under s.
4448.53 or physical therapist assistant license under s. 448.535, an applicant for a
5psychologist license under s. 455.04,
and a person for whom the department conducts
6an investigation under par. (b), to be photographed and fingerprinted on 2
7fingerprint cards, each bearing a complete set of the person's fingerprints. The
8department of justice may submit the fingerprint cards, and the department of
9justice shall submit the fingerprint cards of all applicants for a real estate appraiser
10certification under s. 458.06 or license under s. 458.08, of all applicants for a
11multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact
12license under s. 448.05 (2) (f), and of all applicants for a physical therapist license
13under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all
14applicants for a psychologist license under s. 455.04
, to the federal bureau of
15investigation for the purpose of verifying the identity of the persons fingerprinted
16and obtaining records of their criminal arrests and convictions. Information
17obtained from the federal bureau of investigation may be shared with the
18department or the appropriate credentialing board, but shall otherwise be kept
19confidential and is not subject to disclosure under s. 19.35.
SB534,22 20Section 22. 440.15 of the statutes, as affected by 2021 Wisconsin Act 25, is
21amended to read:
SB534,12,2 22440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
23441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 450.071 (3) (c) 9., and 450.075
24(3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., the department or a credentialing board may
25not require that an applicant for a credential or a credential holder be fingerprinted

1or submit fingerprints in connection with the department's or the credentialing
2board's credentialing.
SB534,23 3Section 23. 446.01 (1v) (L) of the statutes is amended to read:
SB534,12,84 446.01 (1v) (L) Psychology examining board under ch. 455. “Health care
5professional" also includes an individual who is exercising the temporary
6authorization to practice, as defined in s. 455.50 (2) (o), in this state or practicing
7under the authority to practice interjurisdictional telepsychology, as defined in s.
8455.50 (2) (b).
SB534,24 9Section 24. 450.10 (3) (a) 9. of the statutes is amended to read:
SB534,12,1310 450.10 (3) (a) 9. A psychologist who is licensed under ch. 455, who is exercising
11the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state,
12or who is practicing under the authority to practice interjurisdictional
13telepsychology, as defined in s. 455.50 (2) (b)
.
SB534,25 14Section 25. Chapter 455 (title) of the statutes is amended to read:
SB534,12,1615 CHAPTER 455
16 PSYCHOLOGY EXAMINING BOARD
SB534,26 17Section 26 . Subchapter I (title) of chapter 455 [precedes 455.01] of the statutes
18is created to read:
SB534,12,1919 chapter 455
SB534,12,2020 Subchapter I
SB534,12,2121 REGULATION OF PSYCHOLOGY
SB534,27 22Section 27. 455.01 (intro.) of the statutes is amended to read:
SB534,12,23 23455.01 Definitions. (intro.) In this chapter subchapter:
SB534,28 24Section 28. 455.01 (1) of the statutes is created to read:
SB534,13,2
1455.01 (1) “Authority to practice interjurisdictional telepsychology" has the
2meaning given in s. 455.50 (2) (b).
SB534,29 3Section 29. 455.01 (2m) of the statutes is created to read:
SB534,13,44 455.01 (2m) “E.Passport” has the meaning given in s. 455.50 (2) (g).
SB534,30 5Section 30. 455.01 (3r) of the statutes is created to read:
SB534,13,76 455.01 (3r) “Interjurisdictional practice certificate” has the meaning given in
7s. 455.50 (2) (im).
SB534,31 8Section 31. 455.01 (9) of the statutes is created to read:
SB534,13,109 455.01 (9) “Temporary authorization to practice” has the meaning given in s.
10455.50 (2) (o).
SB534,32 11Section 32. 455.02 (2m) (intro.) of the statutes is amended to read:
SB534,13,1312 455.02 (2m) Exceptions. (intro.) A license under this chapter subchapter is
13not required for any of the following:
SB534,33 14Section 33. 455.02 (2m) (f) of the statutes, as affected by 2021 Wisconsin Act
1522
, is amended to read:
SB534,13,2316 455.02 (2m) (f) A person providing psychological services as part of a
17psychology training program, if his or her activities and services constitute a part of
18the supervised course of study and are performed under the supervision of a
19psychologist licensed under this chapter subchapter and the person does not provide
20or offer to provide psychological services to the public for a fee over and above the
21salary that he or she may receive for the performance of the official duties with the
22employing agency or organization. A person providing services under this paragraph
23may use the title “psychology student,” “psychology intern,” or “psychology resident.”
SB534,34 24Section 34. 455.02 (2m) (p) of the statutes, as created by 2021 Wisconsin Act
2522
, is amended to read:
SB534,14,5
1455.02 (2m) (p) A person providing psychological services under the
2supervision of a psychologist licensed under this chapter subchapter as part of a
3formal psychology fellowship program that meets the program standards of an
4organization as determined by the examining board. A person providing services
5under this paragraph may use the title “psychology fellow.”
SB534,35 6Section 35. 455.03 (title) of the statutes is amended to read:
SB534,14,7 7455.03 (title) Temporary practice ; telepsychology.
SB534,36 8Section 36. 455.03 of the statutes, as affected by 2021 Wisconsin Act 22, is
9renumbered 455.03 (1) (b) and amended to read:
SB534,14,1710 455.03 (1) (b) A psychologist who is licensed or certified by a similar examining
11board of another state or territory of the United States or of a foreign country or
12province whose standards, in the opinion of the examining board, are equivalent to
13or higher than the requirements for licensure as a psychologist in s. 455.04 (1) may
14provide psychological services in this state on not more than 60 days in any year
15without holding a license issued under s. 455.04 (1). The psychologist shall report
16to the examining board the nature and extent of his or her practice in this state if it
17exceeds 20 days within a year.
SB534,14,19 18(a) In this section subsection, “day” means any part of a day during which
19psychological services are rendered.
SB534,37 20Section 37. 455.03 (2) of the statutes is created to read:
SB534,14,2321 455.03 (2) An individual who holds a valid interjurisdictional practice
22certificate may exercise the temporary authorization to practice in this state, subject
23to ss. 455.50 (5) and 455.51 (2) (a) 1. and (b) 1.
SB534,38 24Section 38. 455.03 (3) of the statutes is created to read:
SB534,15,3
1455.03 (3) An individual who holds a valid E.Passport may practice under the
2authority to practice interjurisdictional telepsychology as provided in and subject to
3ss. 455.50 (4) and (6) and 455.51 (2) (a) 2. and (b) 2.
SB534,39 4Section 39. 455.06 (1) (a) and (2) of the statutes, as affected by 2021 Wisconsin
5Act 22
, are amended to read:
SB534,15,96 455.06 (1) (a) Except as provided in par. (b), the renewal dates for licenses
7issued under this chapter subchapter or under s. 455.04 (4), 2019 stats., are specified
8under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the
9department under s. 440.03 (9) (a).
SB534,15,13 10(2) An applicant for renewal of a license issued under this chapter subchapter
11or under s. 455.04 (4), 2019 stats., shall include with his or her application proof in
12the form specified by the examining board that he or she has completed the hours of
13continuing education required under s. 455.065.
SB534,40 14Section 40. 455.09 (1) (intro.) of the statutes is amended to read:
SB534,15,2115 455.09 (1) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
16examining board may deny an application for a license, or may by order suspend for
17a period not exceeding one year, limit, revoke or impose probationary conditions upon
18a license, authority to practice interjurisdictional telepsychology, or temporary
19authorization to practice
or reprimand a licensee or a holder of authority to practice
20interjurisdictional telepsychology or temporary authorization to practice
if the
21applicant or, licensee, or holder does any of the following:
SB534,41 22Section 41. 455.09 (1) (c) of the statutes is amended to read:
SB534,16,223 455.09 (1) (c) Impersonates another person holding a license under this chapter
24subchapter or allows another person to use his or her license, E.Passport,

1interjurisdictional practice certificate, authority to practice interjurisdictional
2telepsychology, or temporary authorization to practice
.
SB534,42 3Section 42. 455.09 (1) (d) of the statutes is amended to read:
SB534,16,54 455.09 (1) (d) Uses fraud or deception in applying for a license under this
5chapter subchapter, an E.Passport, or an interjurisdictional practice certificate.
SB534,43 6Section 43. 455.09 (1) (g) of the statutes is amended to read:
SB534,16,87 455.09 (1) (g) Violates this chapter subchapter or any rule of professional
8conduct promulgated under this chapter subchapter.
SB534,44 9Section 44. 455.09 (3) of the statutes, as affected by 2021 Wisconsin Act 22,
10is amended to read:
SB534,16,1611 455.09 (3) A revoked license may not be renewed. An individual may, no sooner
12than one year after the date of revocation, apply for reinstatement of a license under
13this chapter subchapter. The examining board may accept or reject an application
14for reinstatement. If reinstatement is granted under this subsection, the licensee
15shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection
16does not apply to a license that is revoked under s. 440.12.
SB534,45 17Section 45. 455.11 of the statutes is amended to read:
SB534,16,19 18455.11 Penalty. Any person who violates this chapter subchapter may be fined
19not more than $200 or imprisoned not exceeding 6 months or both.
SB534,46 20Section 46 . Subchapter II of chapter 455 [precedes 455.50] of the statutes is
21created to read:
SB534,16,2222 chapter 455
SB534,16,2323 Subchapter II
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