AB537,5 Section 5. 49.45 (30f) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,5,18 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.

AB537,6 Section 6. 49.45 (30j) (a) 1. of the statutes is amended to read:

AB537,6,7 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.

AB537,7 Section 7. 50.06 (4) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,6,19 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.

AB537,8 Section 8. 51.03 (6) (a) of the statutes is amended to read:

AB537,7,7 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.

AB537,9 Section 9. 51.15 (2) (c) of the statutes is amended to read:

AB537,7,18 51.15 (2) (c) The county department may approve the detention only if a physician who has completed a residency in psychiatry, a psychologist licensed under ch. 455, or a mental health professional, as determined by the department, has performed a crisis assessment on the individual and agrees with the need for detention and the county department reasonably believes the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and remove the substantial probability of physical harm, impairment, or injury to himself, herself, or others. For purposes of this paragraph, a crisis assessment may be conducted in person, by telephone, or by telemedicine or video conferencing technology.

AB537,10 Section 10. 146.34 (1) (i) of the statutes is amended to read:

AB537,7,23 146.34 (1) (i) “Psychologist" means a person who is licensed to practice psychology under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB537,11 Section 11. 146.81 (1) (h) of the statutes is amended to read:

AB537,8,4 146.81 (1) (h) A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB537,12 Section 12. 146.997 (1) (d) 10. of the statutes is amended to read:

AB537,8,9 146.997 (1) (d) 10. A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB537,13 Section 13. 155.01 (1g) (a) of the statutes, as affected by 2021 Wisconsin Act 22, is amended to read:

AB537,8,12 155.01 (1g) (a) A psychologist licensed under s. 455.04 (1) or (2).

AB537,14 Section 14. 155.01 (7) of the statutes is amended to read:

AB537,9,2 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB537,15 Section 15. 165.77 (1) (a) of the statutes is amended to read:

AB537,9,8 165.77 (1) (a) “Health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455 or a person who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB537,16 Section 16. 244.09 (3) (a) of the statutes is amended to read:

AB537,9,14 244.09 (3) (a) A physician licensed under ch. 448 or a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), that the principal is incapacitated within the meaning of s. 244.02 (7) (a).

AB537,17 Section 17. 252.14 (1) (ar) 6. of the statutes is amended to read:

AB537,9,19 252.14 (1) (ar) 6. A psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB537,18 Section 18. 302.384 (1m) of the statutes is repealed and recreated to read:

AB537,9,24 302.384 (1m) In this section, “health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455; a person who holds a compact privilege under subch. X of ch. 448; or a psychologist who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB537,19 Section 19. 440.03 (11m) (c) 2s. of the statutes is created to read: