STATE OF WISCONSIN
PSYCHOLOGY EXAMINING BOARD
IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : PSYCHOLOGY EXAMINING BOARD
PSYCHOLOGY EXAMINING BOARD : ADOPTING RULES
: (CLEARINGHOUSE RULE)
PROPOSED ORDER
An order of the Psychology Examining Board to amend Psy 2.14 (2) and (3); and to create Psy 2.14 (3) (Note), relating to temporary practice.
Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats. provides “[e]ach 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.” Section 227.11 (2) (a), Stats. provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute.” Section 440.09 (5), Stats. provides that “[t]he department or credentialing board, as appropriate, may promulgate rules necessary to implement this section.” Related statute or rule:
Plain language analysis:
The Board is updating its Administrative Code chapter Psy 2 after reviewing the temporary practice provision pursuant to s. 455.03, Stats. The Board has concluded that an update is needed to distinguish the statutory provision in s. 455.03, Stats., and the provisions set forth by the Psychology Interjurisdictional Compact in s. 455.50, Stats. Additionally, the Board is clarifying that any psychologist licensed out of state and planning on practicing in Wisconsin for longer than 20 days within a calendar year pursuant s. 455.03, Stats., needs to submit a written report to the Board explaining the nature and extent of their practice in this state. Summary of, and comparison with, existing or proposed federal regulation:
N/A
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
N/A
Comparison with rules in adjacent states:
Illinois:
Illinois requires a temporary permit for psychologist coming from another jurisdiction and want to practice in the state. This permit authorizes the rendering of clinical psychological services in the state for up to 10 calendar days per year, consecutively or in aggregate. In order to obtain this permit, a licensed psychologist must apply by submitting satisfactory proof that they have an unencumbered doctoral level license in good standing in another state of territory and that they are able to practice independently. [225 ILCS 15/11.5]
Iowa:
Iowa allows an out of state licensed psychologist to practice in the state for a period not to exceed 10 consecutive business days or 15 business days in any 90-day period. To qualify for this provision, the psychologist must give the board a summary of their intention to practice. Additionally, the board requires the psychologist to come from a state or territory that has equivalent requirements for licensing as Iowa. If the psychologist resides in a state or territory that does not certify or license psychologist, the board will have to review the person’s professional qualifications and determine if they are equivalent to Iowa’s requirements for licensing. [Iowa Admin Code 154B.3]
Michigan:
Michigan does not have a provision for temporary practice for out of state licensed psychologists besides the temporary authorization to practice establish by the PSYPACT. A psychologist who wants to practice in Michigan and is licensed in another state or territory would have to apply for licensure by endorsement or through PSYPACT.
