455.065(7)(7) Grant an exemption from the continuing education requirements under this section to a psychologist who certifies to the examining board that he or she has permanently retired from the practice of psychology. A psychologist who has been granted an exemption under this subsection may not return to active practice without submitting evidence satisfactory to the examining board of having completed the required continuing education credits within the 2-year period prior to the return to the practice of psychology. 455.065 Cross-referenceCross-reference: See also ch. Psy 4, Wis. adm. code. 455.09455.09 Disciplinary proceedings and actions. 455.09(1)(1) Subject to the rules promulgated under s. 440.03 (1), the examining board may deny an application for a license, or may by order suspend for a period not exceeding one year, limit, revoke or impose probationary conditions upon a license, authority to practice interjurisdictional telepsychology, or temporary authorization to practice or reprimand a licensee or a holder of authority to practice interjurisdictional telepsychology or temporary authorization to practice if the applicant, licensee, or holder does any of the following: 455.09(1)(b)(b) Subject to ss. 111.321, 111.322 and 111.34, engaged in the practice of psychology or the private practice of school psychology while his or her ability to practice was impaired by alcohol or other drugs. 455.09(1)(c)(c) Impersonates another person holding a license under this subchapter or allows another person to use his or her license, E.Passport, interjurisdictional practice certificate, authority to practice interjurisdictional telepsychology, or temporary authorization to practice. 455.09(1)(d)(d) Uses fraud or deception in applying for a license under this subchapter, an E.Passport, or an interjurisdictional practice certificate. 455.09(1)(e)(e) Accepts a commission, rebate or other form of fee for referring persons to other professionals. 455.09(1)(f)(f) Engages in the willful, unauthorized communication of information received in professional confidence. 455.09(1)(g)(g) Violates this subchapter or any rule of professional conduct promulgated under this subchapter. 455.09(1)(h)(h) Is grossly negligent in the practice of his or her profession. 455.09(2)(2) A suspended license is subject to the requirements for renewal of the license under s. 440.08. The renewal of a suspended license does not entitle the licensee to any rights, privileges or authority conferred by the license while the license remains suspended. 455.09(3)(3) A revoked license may not be renewed. An individual may, no sooner than one year after the date of revocation, apply for reinstatement of a license under this subchapter. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12. 455.09 Cross-referenceCross-reference: See also ch. Psy 5, Wis. adm. code. 455.09 AnnotationPetitioner is not entitled to present expert evidence indicating he or she previously testified truthfully when denying misconduct under sub. (1) (g). Davis v. Psychology Examining Board, 146 Wis. 2d 595, 431 N.W.2d 730 (Ct. App. 1988). 455.09 AnnotationLaches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public-the right to have licensed psychologists comply with the requirements of their licenses. Stein v. WI Psychology Examining Board, 2003 WI App 147, 265 Wis. 2d 781, 668 N.W.2d 112, 02-2726. 455.09 AnnotationConstruing rules of professional conduct as applying to post-therapy conduct is necessary to effectuate the purpose of protecting the health, safety, or welfare of former clients. Bar-Av v. Psychology Examining Board, 2007 WI App 21, 299 Wis. 2d 387, 728 N.W.2d 722, 04-3251. 455.11455.11 Penalty. Any person who violates this subchapter may be fined not more than $200 or imprisoned not exceeding 6 months or both. 455.11 HistoryHistory: 2021 a. 131. PSYCHOLOGY INTERJURISDICTIONAL
COMPACT (PSYPACT)
455.50455.50 Psychology interjurisdictional compact. Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
Whereas, this compact is intended to regulate the day to day practice of telepsychology (i.e. the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;
Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state;
Whereas, this compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;
Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and
Whereas, this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
455.50(1)(a)(a) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology; 455.50(1)(b)(b) Enhance the states’ ability to protect the public’s health and safety, especially client/patient safety; 455.50(1)(c)(c) Encourage the cooperation of compact states in the areas of psychology licensure and regulation; 455.50(1)(d)(d) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history; 455.50(1)(e)(e) Promote compliance with the laws governing psychological practice in each compact state; and 455.50(1)(f)(f) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses. 455.50(2)(a)(a) “Adverse action” means: Any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record. 455.50(2)(am)(am) “Association of State and Provincial Psychology Boards (ASPPB)” means: the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada. 455.50(2)(b)(b) “Authority to practice interjurisdictional telepsychology” means: a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state. 455.50(2)(bm)(bm) “Bylaws” means: those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to sub. (10) for its governance, or for directing and controlling its actions and conduct. 455.50(2)(c)(c) “Client/patient” means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, and/or consulting services. 455.50(2)(cm)(cm) “Commissioner” means: the voting representative appointed by each state psychology regulatory authority pursuant to sub. (10). 455.50(2)(d)(d) “Compact state” means: a state, the District of Columbia, or United States territory that has enacted this compact legislation and which has not withdrawn pursuant to sub. (13) (c) or been terminated pursuant to sub. (12) (b). 455.50(2)(dm)(dm) “Coordinated licensure information system” also referred to as “coordinated database” means: an integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities. 455.50(2)(e)(e) “Confidentiality” means: the principle that data or information is not made available or disclosed to unauthorized persons and/or processes. 455.50(2)(em)(em) “Day” means: any part of a day in which psychological work is performed. 455.50(2)(f)(f) “Distant state” means: the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services. 455.50(2)(g)(g) “E.Passport” means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. 455.50(2)(gm)(gm) “Executive board” means: a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. 455.50(2)(h)(h) “Home state” means: a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed. 455.50(2)(hm)(hm) “Identity history summary” means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service. 455.50(2)(i)(i) “In-person, face-to-face” means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies. 455.50(2)(im)(im) “Interjurisdictional practice certificate (IPC)” means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one’s qualifications for such practice. 455.50(2)(j)(j) “License” means: authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization. 455.50(2)(jm)(jm) “Non-compact state” means: any state which is not at the time a compact state. 455.50(2)(k)(k) “Psychologist” means: an individual licensed for the independent practice of psychology. 455.50(2)(km)(km) “Psychology interjurisdictional compact commission” also referred to as “commission” means: the national administration of which all compact states are members. 455.50(2)(L)(L) “Receiving state” means: a compact state where the client/patient is physically located when the telepsychological services are delivered. 455.50(2)(Lm)(Lm) “Rule” means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to sub. (11) that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule. 455.50(2)(m)(m) “Significant investigatory information” means: 455.50(2)(m)1.1. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or 455.50(2)(m)2.2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond. 455.50(2)(mm)(mm) “State” means: a state, commonwealth, territory, or possession of the United States, the District of Columbia. 455.50(2)(n)(n) “State psychology regulatory authority” means: the board, office or other agency with the legislative mandate to license and regulate the practice of psychology. 455.50(2)(nm)(nm) “Telepsychology” means: the provision of psychological services using telecommunication technologies. 455.50(2)(o)(o) “Temporary authorization to practice” means: a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state. 455.50(2)(om)(om) “Temporary in-person, face-to-face practice” means: where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state. 455.50(3)(3) Article III — Home state licensure. 455.50(3)(a)(a) The home state shall be a compact state where a psychologist is licensed to practice psychology. 455.50(3)(b)(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact. 455.50(3)(c)(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact. 455.50(3)(d)(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact. 455.50(3)(e)(e) A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state: 455.50(3)(e)1.1. Currently requires the psychologist to hold an active E.Passport; 455.50(3)(e)2.2. Has a mechanism in place for receiving and investigating complaints about licensed individuals; 455.50(3)(e)3.3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; 455.50(3)(e)4.4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and 455.50(3)(e)5.5. Complies with the bylaws and rules of the commission. 455.50(3)(f)(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state: 455.50(3)(f)1.1. Currently requires the psychologist to hold an active IPC; 455.50(3)(f)2.2. Has a mechanism in place for receiving and investigating complaints about licensed individuals; 455.50(3)(f)3.3. Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual; 455.50(3)(f)4.4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the federal bureau of investigation (FBI), or other designee with similar authority, no later than ten years after activation of the compact; and 455.50(3)(f)5.5. Complies with the bylaws and rules of the commission.
