NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss. 15.08 (5) (b), 227.11 (2), and 455.08, Stats., and interpreting ch. 455, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend and create ch. Psy 5, relating to the practice of sexual misconduct.

Hearing Date, Time and Location

Date:   November 12, 2003

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  Room 179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 30, 2003, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2), and 455.08, Stats. Statutes interpreted: Chapter 455, Stats.

This proposed rule-making re-defines dual relationships and prohibited dual relationships, modifies the existing language of a prohibition on exploitative relationships, clarifies the responsibility of license-holders to cooperate with board investigations, creates a requirement to maintain records, and establishes a violation of a board order as unprofessional conduct.

SECTION 1 creates definitions of “dual relationship" and “prohibited dual relationship".

SECTION 2 adds kissing to a list of quasi-sexual actions prohibited with clients, adds the words "romantic, harassing, or exploitative" to the definition of quasi-sexual actions, and explicitly places the burden of proving that a former client is not vulnerable by reason of emotional or cognitive disorder if a psychologist enters into sexual or quasi-sexual activity.

SECTION 3 simplifies and clarifies the prohibition on dual relationships, by implicit reference to the definitions created in section 1 above.

SECTION 4 clarifies a license-holder's responsibility to cooperate with a request for information from the board.

SECTION 5 creates a record-keeping requirement.

SECTION 6 expands the definition of unprofessional conduct to include violation of a psychology statute, a psychology rule or a board order.

Text of Rule

SECTION 1. Sections Psy 1.02 (5m) and (9) are created to read:

(5m) “Dual relationship" means a situation in which a psychologist provides professional services to a person with whom the psychologist has another relationship such as, but not limited to, relatives, close friends, employees or employers, students or other supervisees.

(9) “Prohibited dual relationship" means a dual relationship which might impair objectivity or effectiveness, or permit exploitation, or create an actual, apparent or potential conflict of interest.

SECTION 2: Section Psy 5 (14) is amended to read:

(14) Engaging in sexual contact, sexual conduct, kissing, or any other behavior which could reasonably be construed as seductive, romantic, harassing, or exploitative, with:

(a) A client.

(b) A former client within 2 years of termination of professional services.

(c) A former client beyond 2 years of termination of professional services, unless the licensee can demonstrate that there has been no exploitation of the former client, and that the former client is not vulnerable by reason of emotional or cognitive disorder to exploitive influence by the psychologist, in light of all relevant factors, including:

1. The length of time which had passed between the termination of professional services and the conduct.

2. The nature and duration of the professional services.

3. The circumstances of termination.

4. The client's personal history.

5. The client's mental status at the time the conduct took place.

6. The likelihood of adverse impact on the client or others.

7. Statements or actions made by the licensee during the course of professional services suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client.

SECTION 3: Section Psy 5 (17) is amended to read:

(17) Failure to avoid prohibited dual relationships. or relationships that may impair one's objectivity or create a conflict of interest. Dual relationships include treating employes, supervisees, close friends or relatives.

SECTION 4: Section Psy 5 (24) is amended to read:

(24) Refusal upon request to cooperate in a timely manner with the board's investigation of complaints lodged against the applicant or licensee of the board. Failure to respond honestly and in a timely manner to a request for information from the board or the Department of Regulation and Licensing. Persons taking longer than 30 days to provide requested information will have the burden of demonstrating that they have acted in a "timely manner." Taking longer than 30 days to respond creates a rebuttable presumption that the response is not timely.

SECTION 5: Section Psy 5 (33) is created to read:

(33) Failing to maintain adequate records relating to services provided a client in the course of a professional relationship. Each patient record entry shall be dated, shall identify the treating therapist, and shall be sufficiently legible to allow interventions by others. Such records shall contain all of the following:

(a) Pertinent patient history.

(b) Pertinent objective findings related to examination and test results.

(c) Assessment or diagnosis.

(d) Plan of treatment for the patient.

(e) A discharge summary upon termination of treatment.

SECTION 6: Section Psy 5 (34) is created to read:

(34) Violating any provision of ch. 455, Stats., or any rule or order of the board.

The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

NOTICE IS GIVEN that a hearing will be held beginning on Friday, October 24, 2003, at 10:30 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the person listed below.

The Commission proposes an order to amend ss. PSC 111.03 (1) (a) and (b), PSC 111.11 (2) (a) 1. to 6., PSC 111.13 (2), PSC 111.21 (1) (c), PSC 111.21 (1) (d) (intro.), PSC 111.21 (1) (e) (intro.), PSC 111.21 (1) (f), PSC 111.23 (2) (intro.), PSC 111.25 (2), PSC 111.31 (1), PSC 111.33, PSC 111.35, PSC 111.43 (1) (intro.), PSC 111.43 (3) (a) (intro.), and PSC 111.43 (4), Wis. Admin. Code, relating to rules concerning the time period covered by a strategic energy assessment.

Statutory authority: ss. 196.02 (3), 196.491 (2) (ag) and 227.11 (2), Stats.

Statute interpreted: s.196.491(2), Stats.

Section 196.491 (2) (a), Stats., directs the Commission to prepare a strategic energy assessment (SEA) every two years. The statute also directs the Commission to promulgate rules that establish procedures for reporting information necessary to prepare an SEA. Those rules have been promulgated as Ch PSC 111, Wis. Admin. Code.

Each SEA is intended to evaluate the adequacy and reliability of the state's current and future electrical supply. Although the statute directs the Commission to specifically identify utility electric generating facility and high-voltage transmission line construction plans within a three year period (s. 196.491 (2) 3. and 3m, Stats.), a three year planning horizon for SEA purposes does not adequately provide the Commission sufficient data to assess future electric reliability, given the lead times needed to plan a project, obtain necessary approvals, and actually construct generating or transmission facilities.

Current Chapter PSC 111 describes the types of data the Commission collects to prepare each SEA and the time periods the data should cover. Currently, the time period runs for 3 years, the two years covered in the SEA and one succeeding year. This rulemaking revises the time period to be covered by SEA data. The rule will extend the period covered by an SEA from three to seven years.

Section 1. PSC 111.03 (1) (a) and (b) are amended to read:

PSC 111.03 (1) (a) The SEA is biennial, covering 2 calendar years. All data required in subch. II, III, IV or V to be filed for the 3-year 7-year period encompassing the SEA shall cover this 2-year period, plus one 5 succeeding calendar year years.

PSC 111.03(1)(b) The first SEA shall cover the period commencing January 1, 2000, and ending on December 31, 2001. The 3-year period encompassing the initial SEA shall cover January 1, 2000, through December 31, 2002.

Section 2. PSC 111.11(2)(a)1. to 6. are amended to read:

PSC 111.11(2)(a)1. Monthly peak demand data for the 3-year 7-year period encompassing the SEA, including responsibility for power losses. Any loss responsibility associated with the delivery of purchased capacity shall be separately identified.

2. The reduction in the summer and winter peak demand, for any of the 3 years encompassing the SEA, due to direct load control programs that allow system operators to manage customer loads.

3. The reduction in the summer and winter peak demand, for any of the 3 years encompassing the SEA, due to the interruption of customer load by tariff or contract.

4. The effect on summer and winter peak demand, for any of the 3 years encompassing the SEA, due to each capacity sale including reserves that affects peak demand.

5. The effect on summer and winter peak demand, for any of the 3 years encompassing the SEA, due to each capacity purchase including reserves that affects peak demand. Any part of a purchase intended to compensate for transmission losses associated with delivery of the purchase shall be separately identified. For each out-of-state capacity purchase including reserves cited under this paragraph, the buyer shall demonstrate that the seller is treating its sale with the same priority as the electrical demand that the seller is legally obligated to serve.

6. The effect on summer and winter peak demand, for any of the 3 years encompassing the SEA, due to any arrangements other than those specified in subds. 1. to 5., that also affect peak demand in Wisconsin.

Section 3. PSC 111.13 (2) is amended to read:

PSC 111.13 (2) Data submission. Each electricity provider, except operators of wholesale merchant plants, shall calculate adjusted electric demand for the 3-year 7-year period encompassing the SEA and submit the results to the commission. Any transmission loss responsibility associated with delivery of a particular capacity purchase including reserves, as defined in s. PSC 111.11 (1) (a), shall be separately identified. All miscellaneous demand factors that decrease peak demand shall be deductions when calculating adjusted electric demand. All miscellaneous demand factors that increase peak demand shall be additions when calculating adjusted electric demand.

Section 4. PSC 111.21(1)(c) is amended to read:

PSC 111.21(1)(c) A complete identification and description of each unit's net rated capacity that the electricity provider intends to retire during the 3-year 7-year period encompassing the SEA, including the month and year of expected retirement.

Section 5. PSC 111.21(1)(d)(intro.) is amended to read:

PSC 111.21(1)(d)(intro.) A complete identification and description of each generating addition the electricity provider proposes to commence constructing during the 3-year 7-year period encompassing the SEA, including all of the following:

Section 6. PSC 111.21(1)(e)(intro.) is amended to read:

PSC 111.21(1)(e)(intro.) A complete identification and description of each expected capacity change at existing generating units during the 3-year 7-year period encompassing the SEA, including all of the following:

Section 7. PSC 111.21(1)(f) is amended to read:

PSC 111.21(1)(f) A complete identification and description of each supply factor that is not covered by pars. (a) to (e), but also affects electric power supply during peak demand in Wisconsin for the 3-year 7-year period encompassing the SEA.

Section 8. PSC 111.23(2)(intro.) is amended to read:

PSC 111.23(2)(intro.) Capacity purchases or sales without reserves. Each electricity provider, except operators of wholesale merchant plants, shall submit for the 3-year 7-year period encompassing the SEA, summer and winter peak data listing all of the following data:

Section 9. PSC 111.25(2) is amended to read:

PSC 111.25(2) Data submission. Each electricity provider, except operators of wholesale merchant plants, shall calculate electric power supply for the 3-year 7-year period encompassing the SEA and submit the results to the commission. Any part of a capacity purchase without reserves, as defined in s. PSC 111.23 (1) (a), that is intended to compensate for transmission losses associated with delivery of that purchase, shall be excluded from the calculation of electricity power supply. All miscellaneous supply factors that decrease supply resources shall be deducted from electric power supply. All miscellaneous supply factors that increase supply resources shall be added to electric power supply.

Section 10. PSC 111.31(1) is amended to read:

PSC 111.31(1) Average energy production cost. The electricity provider's average energy production cost for each type of generating unit, including nuclear, coal-fired, gas simple-cycle, gas combined-cycle, diesel and renewable units. The electricity provider shall specify the expected range of energy production cost by unit type for each year in the 3-year 7-year period encompassing the SEA.