SECTION 7 repeals the current restriction that only licensed psychologists may supervise persons performing psychometric testing. This change is consistent with the intent of the rule-making to expand the category of licensees who are qualified to perform psychometric testing.

SECTION 8 amends s. MPSW 1.11 (5) to clarify that the psychometric testing instrument may not be used for assessment purposes except by those who meet the graduate level training requirements and who have the demonstrated ability to perform the testing competently appropriate to the practice setting and area of practice. The proposed language also restricts the use of the testing for screening or referral purposes.

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Marriage and Family Therapy: There are no statutory limitations on marriage and family therapists for provision of psychometric testing. The only exception being that ethical practice requires marriage and family therapists to limit their practice to the areas in which they are competent.

Under Illinois administrative code governing the practice of marriage and family therapists, s. 1283.100 Professional Conduct:

Under Illinois statutes s. 225 ILCS 15, Clinical Psychologist Practice Act (5) “Clinical psychology" means the independent evaluation, classification and treatment of mental, emotional, behavioral or nervous disorders or conditions, developmental disabilities, alcoholism and substance abuse, disorders of habit or conduct, the psychological aspects of physical illness. The practice of clinical psychology includes psychoeducational evaluation, therapy, remediation and consultation, the use of psychological and neuropsychological testing, assessment, psychotherapy, psychoanalysis, hypnosis, biofeedback, and behavioral modification when any of these are used for the purpose of preventing or eliminating psychopathology, or for the amelioration of psychological disorders of individuals or groups. “Clinical psychology" does not include the use of hypnosis by unlicensed persons pursuant to Section 3.

(6) A person represents himself to be a “clinical psychologist" within the meaning of this Act when he or she holds himself out to the public by any title or description of services incorporating the words “psychological," “psychologic," “psychologist," “psychology," or “clinical psychologist" or under such title or description offers to render or renders clinical psychological services as defined in paragraph (7) of this Section to individuals, corporations, or the public for remuneration.

(7) “Clinical psychological services" refers to any services under paragraph (5) of this Section if the words “psychological," “psychologic," “psychologist," “psychology" or “clinical psychologist" are used to describe such services by the person or organization offering to render or rendering them.

Under Illinois administrative code governing professional counselors:

s. 1375.225 Unprofessional Conduct:

Psychology: Testing may be part of the definition of practice of psychology (from IA Stats. s.154B.1 Definitions) “Practice of psychology" means… Application of Principles includes… measuring and testing personality, intelligence, aptitudes, public opinion, attitudes, and skills…but there is no explicit mention.

The Iowa Psychology Practice/Title restrictions restrict the use of “psychology, psychological" to licensed psychologists, but the restrictions do not appear to restrict psychometric testing. They would clearly restrict the offering of “psychological testing." Iowa appears to give broad authority to mental health licensees (identified as marriage and family therapists, counselors and social workers) to act within the bounds of their credential under the scope of practice.

(s. 154 B.4 Acts Prohibited and 154 B.5 Scope of Chapter)

Psychology: As per contact with the Michigan Board of Psychology, psychological testing is a part of psychology practice act. In other words, Michigan law limits psychological testing to psychologists.

Furthermore, according to the Board Chair of Michigan, Dane Ver Morris, the State attorney's general's office has advised the LPC Board that psychological testing falls outside the scope of the statutory definition of counseling. Thus, the Board is precluded from proposing administrative rules that would allow test administration.

Under Michigan statute s. 333.18201 Definitions; principles of construction:

Under Michigan Statute s. 333.18101 Definitions.

333.16901 Definitions; principles of construction.

Under Michigan Statute s. 333.18501 Definitions; scope.

(1) As used in this part:

(4) The practice of social work at the bachelor's level does not include the practice of medicine or the practice of osteopathic medicine and surgery, including, but not limited to, the prescribing of drugs, the administration of electroconvulsive therapy, the practice of psychotherapy, and other advanced clinical skills pursuant to section 18501(g)(iii) or the administration or interpretation of psychological tests, except as otherwise provided in subdivision (f)(iv).

(5) The practice of social work at the master's level does not include the practice of medicine or the practice of osteopathic medicine and surgery, including, but not limited to, the prescribing of drugs or administration of electroconvulsive therapy.

Marriage & Family Therapy: Psychometric or psychological testing is not mentioned in statutes or administrative rules governing marriage and family therapists. Minnesota's administrative code governing marriage and family therapist's code of conduct states that therapists may not provide services that the therapist is not trained to perform.

5300.0350 CODE OF ETHICS.

Subpart. 4.

A. A therapist must not perform, nor pretend to be able to perform, professional services beyond the therapist's field or fields of competence.

As per 148B.50 Subdivision (5)(b), stats., Licensing professional counseling does not include activities or services undertaken by persons listed in section 148B.592, or the performance of any act that licensed professional counselors are not educated and trained to perform.

As per s. 2150.7505 DEFINITIONS, Subp. 26. Standardized tests, Admin. Code: “Standardized test" means a test that is administered, recorded, and scored in a uniform and objective manner, is interpreted by means of normative data, and includes a manual or other published information that fully describes its development, rationale, validity, reliability, and normative data.

As per s. 2150.7565 ASSESSMENTS, TESTS, REPORTS, Subpart 2. Administration and interpretation of tests, Admin. Code: Providers shall use tests as described in items A to E:

A. Standardized tests shall be used preferentially over nonstandardized tests.

B. All tests must be administered and responses must be recorded, scored, and interpreted based on practice of scientific foundations.

C. If a test is used in a nonstandard manner, the limitations of the test and the reasons for its nonstandard use must be clearly stated in the report.

D. A test's reliability, validity, and normative data must be taken into account in its selection, use, and interpretation.

E. The reliability and validity of test statements and interpretations in reports are the responsibility of the provider, including when automated testing services are used.

As per Social Work Admin. Code, s. 8740.0320 PRACTICE REQUIREMENTS. Subp. 2. Assessment or diagnosis instruments. A social worker shall not use an assessment or diagnostic instrument without adequate training. A social worker shall follow standard and accepted procedures for using an assessment or diagnostic instrument. A social worker shall inform a client of the purpose before administering the instrument and shall make the results available to the client.

As per social work admin. Code, s. 8740.315 COMPETENCE. Subp. 2. Limits on practice. A social worker shall limit practice to the permissible scope of practice for the social worker's license and competence.

Under ch. 457, Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board (Joint Board) and the Psychology Examining Board (PEB) are required to jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under ch. 457, Stats., is qualified to perform. Existing administrative rules governing psychometric testing further restricts authorization to provide psychometric testing to license holders pursuant to s. MPSW 1.11, Wis. Adm. Code. The statute also directs that the resulting administrative rules are to be consistent with guidelines of the American Psychological Association (APA) or other nationally recognized guidelines. The original rules as drafted were in accordance with APA guidelines and the proposed revisions do not substantially deviate from the underlying educational and experience requirements. In addition, to preserve the statutory requirement for joint promulgation, a small number of board members were appointed from the Joint Board and PEB to work together between scheduled board meetings to work on the proposed rules and the policy changes they entailed. The proposed rule changes drafts were brought before both examining boards for review and approval. Board members “appointed" were Bruce Kuehl, Professional Member of the MFT Section of the Joint Board, George Kamps, Professional Member of the Social Worker Section of the Joint Board and Dr. Bruce Erdmann, Professional Member of the PEB.

1. Number of License Holders of the Joint Board issued psychometric testing authorization since 2001: 23 (4 clinical social workers and 19 professional counselors. Numbers derived from physical authorization letters on file within the DRL

2. Number of Active License Holders Eligible for Psychometric Testing Authorization: 6,529 (Sept 2009 active license holder counts for license marriage and family therapists, professional counselors and clinical social workers)

The proposed changes should not cause substantial negative effect on licensees operating in small business settings in terms of incurring increased operating costs or any additional operational difficulties, nor should the rule cause any appreciable changes to small business in general. The board's change to the rule affects a small portion of practitioners and clarifies the rule in the following areas: 1) the definition of psychometric testing; 2) who may use psychometric tests and other testing instruments; and 3) who may supervise individuals that use psychometric tests. The proposed rules should have little, if any, appreciable impact on small business as the rule does not increase or decrease the educational or practice requirement to receive approval to conduct psychometric testing. Further, since 2001, the board has issued only 24 such authorizations to a pool of 6,524 eligible license holders (Sept 2009 — active license holder counts of marriage and family therapists, professional counselors and clinical social workers).

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

The department finds that this rule has no significant fiscal effect on the private sector.

These proposed rules were reviewed by the department's Small Business Review Advisory Committee and it was determined that the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats.

The Department's Regulatory Review Coordinator may be contacted by calling 608-266-8608 or by email at hector.colon@wisconsin.gov.

The department estimates that this rule will require staff time in the Division of Board Services. The total one-time salary and fringe costs are estimated at $575.