STATE OF WISCONSIN
Psychology Examining Board
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
PSYCHOLOGY EXAMINING BOARD
ORDER OF THE PSYCHOLOGY EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 17-078)
ORDER
An order of the Psychology Examining Board to repeal Psy 5.01 (18), and (33) (a) to (e) and Psy 5.02; to renumber and amend Psy 5.01 (33) (intro.); to amend Psy 5.01 (2), (5), (8), (24), (25), 28), (29), (30) (c), and (34); to repeal and recreate Psy 5.01 (17) and (32); and to create Psy 5.01 (2m) and (12m) relating to unprofessional conduct.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 455.09, stats. Explanation of agency authority:
§ 15.08(5)(b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. § 455.08 The examining board shall adopt such rules as are necessary under this chapter Related statute or rule: n/a
Plain language analysis:
This rule updates the unprofessional conduct rules which have not had a comprehensive review and update since 2003.
Sections 1 and 3 add private practice of school psychology to reflect the other license under the jurisdiction of the board.
Section 2 clarifies that engaging in conduct that falls below the standard of minimal competence is unprofessional conduct.
Section 4 adds exploitative billing practices as conduct which is unprofessional conduct.
Section 5 clarifies it is unprofessional conduct to not have security protocols in place for access to information received from a client recognizing that current psychology practice includes electronic forms of communication which need to have security protocols to protect confidential matters.
Section 6 repeals and recreates the provision relating to prohibited dual relationships to clarify the prohibited dual relationships are those reasonably likely to impair objectivity while providing services. This modification is recognizing that there are natural dual relationships which do not impair objectivity and would be difficult to avoid particularly in rural areas.
Section 7 repeals the requirement that treatment consultation must be preceded by an assessment, evaluation, or diagnosis in recognition that this information may be provided by the person requesting the consultation to the person providing the treatment consultation.
Section 8 simplifies the requirement for licensees to respond to requests from the board.
Section 9 modifies “impersonation” to “appropriation of the identity” for clarification purposes.
Section 10 states it is unprofessional conduct to violate chapter 455, stats. or any rule of the board.
Section 11 cleans up the language relating to the duty to report disciplinary or adverse action taken by another jurisdiction.
