Date of enactment: February 4, 2022
2021 Assembly Bill 537   Date of publication*: February 5, 2022
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2021 WISCONSIN ACT 131
An Act to repeal 971.16 (1); to renumber and amend 455.03; to amend 16.417 (1) (e) 4., 48.375 (2) (c), 48.375 (4) (b) 1m., 49.45 (30f), 49.45 (30j) (a) 1., 50.06 (4), 51.03 (6) (a), 51.15 (2) (c), 146.34 (1) (i), 146.81 (1) (h), 146.997 (1) (d) 10., 155.01 (1g) (a), 155.01 (7), 165.77 (1) (a), 244.09 (3) (a), 252.14 (1) (ar) 6., 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (L), 450.10 (3) (a) 9., chapter 455 (title), 455.01 (intro.), 455.02 (2m) (intro.), 455.02 (2m) (f), 455.02 (2m) (p), 455.03 (title), 455.06 (1) (a) and (2), 455.09 (1) (intro.), 455.09 (1) (c), 455.09 (1) (d), 455.09 (1) (g), 455.09 (3), 455.11, 457.02 (3), 632.89 (1) (e) 3., 905.04 (1) (e), 939.615 (6) (e) and 971.17 (7) (c); to repeal and recreate 302.384 (1m); and to create 14.89, 440.03 (11m) (c) 2s., subchapter I (title) of chapter 455 [precedes 455.01], 455.01 (1), 455.01 (2m), 455.01 (3r), 455.01 (9), 455.03 (2), 455.03 (3), subchapter II of chapter 455 [precedes 455.50], 455.51 and 990.01 (31m) of the statutes; relating to: ratification of the Psychology Interjurisdictional Compact.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
131,1 Section 1. 14.89 of the statutes is created to read:
14.89 Psychology interjurisdictional compact. There is created a psychology interjurisdictional compact commission as specified in s. 455.50. The representative on the commission representing this state shall be appointed by the psychology examining board as provided in s. 455.50 (10) (b) 1. and shall be an individual described in s. 455.50 (10) (b) 1. a., b., or c. The commission has the powers and duties granted and imposed under s. 455.50.
131,2 Section 2. 16.417 (1) (e) 4. of the statutes is amended to read:
16.417 (1) (e) 4. A psychologist who is licensed to practice psychology under subch. I of ch. 455.
131,3 Section 3. 48.375 (2) (c) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:
48.375 (2) (c) “Counselor" means a physician including a physician specializing in psychiatry, a psychologist licensed under s. 455.04 (1) or (2), or an ordained member of the clergy. “Counselor" does not include any person who is employed by or otherwise affiliated with a reproductive health care facility, a family planning clinic, or a family planning agency; any person affiliated with the performance of abortions, except abortions performed to save the life of the mother; or any person who may profit from giving advice to seek an abortion.
131,4 Section 4. 48.375 (4) (b) 1m. of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:
48.375 (4) (b) 1m. A physician who specializes in psychiatry or a psychologist licensed under s. 455.04 (1) or (2) states in writing that the physician or psychologist believes, to the best of his or her professional judgment based on the facts of the case before him or her, that the minor is likely to commit suicide rather than file a petition under s. 48.257 or approach her parent, or guardian or legal custodian, if one has been appointed, or an adult family member of the minor, or one of the minor's foster parents, if the minor has been placed in a foster home and the minor's parent has signed a waiver granting the department, a county department, or the foster parent the authority to consent to medical services or treatment on behalf of the minor, for consent.
131,5 Section 5. 49.45 (30f) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:
49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The department shall include licensed mental health professionals, as defined in s. 632.89 (1) (dm), and psychologists licensed under s. 455.04 (1) or (2) as providers of psychotherapy and of alcohol and other drug abuse services. Except for services provided under sub. (30e), the department may not require that licensed mental health professionals or licensed psychologists be supervised; may not require that clinical psychotherapy or alcohol and other drug abuse services be provided under a certified program; and, notwithstanding subs. (9) and (9m), may not require that a physician or other health care provider first prescribe psychotherapy or alcohol and other drug abuse services to be provided by a licensed mental health professional or licensed psychologist before the professional or psychologist may provide the services to the recipient. This subsection does not affect the department's powers under ch. 50 or 51 to establish requirements for facilities that are licensed, certified, or operated by the department.
131,6 Section 6. 49.45 (30j) (a) 1. of the statutes is amended to read:
49.45 (30j) (a) 1. “Competent mental health professional” means a physician who has completed a residence in psychiatry; a psychologist or; a private practice school psychologist licensed under ch. 455; a marriage and family therapist licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2); an independent social worker granted a certificate under s. 457.08 (3); a clinical social worker licensed under s. 457.08 (4); a clinical substance abuse counselor or independent clinical supervisor certified under s. 440.88, or any of these individuals practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Competent mental health professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.
131,7 Section 7. 50.06 (4) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:
50.06 (4) A determination that an individual is incapacitated for purposes of sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician and one psychologist licensed under s. 455.04 (1) or (2), who personally examine the individual and sign a statement specifying that the individual is incapacitated. Mere old age, eccentricity, or physical disability, either singly or together, are insufficient to make a finding that an individual is incapacitated. Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has a claim on any portion of the individual's estate. A copy of the statement shall be included in the individual's records in the facility to which he or she is admitted.
131,8 Section 8. 51.03 (6) (a) of the statutes is amended to read:
51.03 (6) (a) In this subsection, “licensed treatment professional" means a physician who has completed a residence in psychiatry; a psychologist or; a private practice school psychologist licensed under ch. 455; a marriage and family therapist licensed under s. 457.10 or 457.11; a professional counselor licensed under s. 457.12 or 457.13; an advanced practice social worker granted a certificate under s. 457.08 (2); an independent social worker licensed under s. 457.08 (3); a clinical social worker licensed under s. 457.08 (4); or any of these individuals practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457. “Licensed treatment professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction.
131,9 Section 9. 51.15 (2) (c) of the statutes is amended to read: