LRB-1448/1
JEO:kmg:kaf
1995 - 1996 LEGISLATURE
May 23, 1995 - Introduced by Representatives Urban, Johnsrud, Hasenohrl,
Handrick, Robson, Wasserman, Walker, Goetsch, Hahn, Lehman, Silbaugh,
Olsen, Duff, Ziegelbauer, Kaufert, Hanson, Porter, Vrakas and Albers,
cosponsored by Senators Leean, Fitzgerald, Rude, Rosenzweig, Darling, C.
Potter, Risser and
Chvala, by request of The Society of Clinical and
Consulting Psychologists and the Psychology Examining Board. Referred to
Committee on Consumer Affairs.
AB389,1,8
1An Act to repeal 455.02 (1) (b), 455.02 (3) (a) 1. and 2., 455.04 (6) and 455.065
2(2);
to renumber and amend 455.01 (5), 455.02 (1) (a) and 455.02 (2);
to
3consolidate, renumber and amend 455.02 (3) (a) (intro.) and (b);
to amend
4455.06, 455.065 (1), (3) and (4) and 455.10;
to repeal and recreate 455.02
5(title); and
to create 455.01 (5) (a), (c), (d), (e), (f), (g), (h), (i) and (j), 455.02 (1m)
6and 455.02 (2m) (intro.), (a), (b), (c), (e), (g), (h), (i), (j), (k), (L) and (m) of the
7statutes;
relating to: the regulation of the practice of psychology and granting
8rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a person who is not licensed as a psychologist or private
school psychologist by the psychology examining board (board) may not use the title
"psychologist", "private school psychologist" or any similar title and may not state or
imply that he or she is licensed to practice psychology. However, under current law
a person who is not licensed by the board may provide services included in the
practice of psychology. This bill provides that, with certain exceptions, a person may
provide services that are included in the practice of psychology only if he or she is
licensed as a psychologist or private school psychologist by the board. The bill also
modifies the definition of the practice of psychology to include such things as marital
counseling, psychoanalysis, psychoeducational evaluation and counseling,
treatment for alcohol and other substance abuse, biofeedback and the evaluation of
a person's competency in certain legal proceedings.
Also, under current law the board is required to promulgate rules establishing:
1) the minimum number of hours of continuing education requirements that a
licensed psychologist must have in order to renew his or her license; and 2) the
criteria for the approval of continuing education programs and courses. This bill
provides that the board must also promulgate rules establishing the topic areas that
continuing education must cover. The bill also requires the rules promulgated by the
board concerning continuing education to be consistent with the continuing
education curriculum content criteria established by the committee for the approval
of continuing education sponsors of the American Psychological Association.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB389, s. 1
1Section
1. 455.01 (5) of the statutes is renumbered 455.01 (5) (intro.) and
2amended to read:
AB389,2,123
455.01
(5) (intro.) "Practice of psychology" means rendering to any person a
4psychological service involving the application of principles, methods and
5procedures of understanding, predicting and influencing behavior, such as the
6principles pertaining to learning, perception, motivation,
performance, thinking,
7emotions and interpersonal relationships; the methods and procedures of
8interviewing
and, counseling
in and psychotherapy; and the methods and procedures
9of constructing, administering and interpreting tests of mental abilities, aptitudes,
10interests, attitudes, personality characteristics, emotion and motivation. The
11application of said principles and methods includes, but is not restricted to
:
12psychological, all of the following:
AB389,2,15
13(b) Psychological diagnoses, prevention, and amelioration of
adjustment 14problems in behavioral, emotional
, sexual, neuropsychological and mental
15disorders
; hypnosis; educational and vocational.
AB389,2,16
16(k) Vocational counseling
; personnel
.
AB389,2,17
17(L) Personnel selection and management
; the evaluation.
AB389,3,2
1(m) Evaluation and planning for effective work
in learning situations;
2advertising performance.
AB389,3,3
3(n) Advertising and market research
; and the.
AB389,3,4
4(o) The resolution of interpersonal and social conflicts.
AB389, s. 2
5Section
2. 455.01 (5) (a), (c), (d), (e), (f), (g), (h), (i) and (j) of the statutes are
6created to read:
AB389,3,77
455.01
(5) (a) Diagnosis and treatment of mental and emotional disorders.
AB389,3,99
(d) Marital counseling.
AB389,3,1010
(e) Psychoanalysis.
AB389,3,1111
(f) Psychoeducational remediation, consultation, evaluation and counseling.
AB389,3,1312
(g) Enhancement of interpersonal relationships, work and life adjustments,
13and behavioral and mental health.
AB389,3,1414
(h) Biofeedback.
AB389,3,1715
(i) Treatment for alcohol and other substance abuse, disorders of habit and
16conduct, and the psychological and behavioral aspects of physical illness, accident
17or other disabilities.
AB389,3,2018
(j) Evaluation of a person's competency under ch. 880 or 971 or of a person's
19competency to refuse medication under s. 51.20 (7) (d), 51.61 (1) (g), 51.67 or 975.06
20(7) or ch. 880 or 971.
AB389, s. 3
21Section
3. 455.02 (title) of the statutes is repealed and recreated to read:
AB389,3,22
22455.02 (title)
License required to practice; use of titles.
AB389, s. 4
23Section
4. 455.02 (1) (a) of the statutes is renumbered 455.02 (3m) and
24amended to read:
AB389,4,10
1455.02
(3m) (title)
Use of titles. This chapter does not restrict exclusively to
2licensed psychologists the rendering of services included within the practice of
3psychology, but only Only an individual licensed under s. 455.04 (1) may use the title
4"psychologist" or any similar title or state or imply that he or she is licensed to
5practice psychology, and only an individual licensed under s. 455.04 (4) may use the
6title "private practice school psychologist" or any similar title or state or imply that
7he or she is licensed to engage in the private practice of school psychology. Only an
8individual licensed under s. 455.04 (1) or (4) may represent himself or herself to the
9public by any description of services incorporating the word "psychological" or
10"psychology".
AB389, s. 5
11Section
5. 455.02 (1) (b) of the statutes is repealed.
AB389, s. 6
12Section
6. 455.02 (1m) of the statutes is created to read:
AB389,4,1613
455.02
(1m) License required to practice. No person may engage in the
14practice of psychology or the private practice of school psychology, or attempt to do
15so or make a representation as authorized to do so, without a license issued by the
16examining board.
AB389, s. 7
17Section
7. 455.02 (2) of the statutes is renumbered 455.02 (2m) (f) and
18amended to read:
AB389,5,319
455.02
(2m) (f)
Nothing in this chapter restricts the activities and services of
20 a A graduate student or psychological intern in psychology pursuing a course of
21study leading to a graduate degree in psychology at an accredited college or
22university
in while working in a training program, if
such his or her activities and
23services constitute a part of
his or her the supervised course of study and
such person 24he or she is designated by
such
a title
such as "psychological intern", "psychological
25trainee" or other title clearly indicating the training status appropriate to his or her
1level of training. The term "psychological intern" shall be reserved for persons
2enrolled in the doctoral program in psychology at an accredited college or university
3or engaged in a formal psychology internship program.
AB389, s. 8
4Section
8. 455.02 (2m) (intro.), (a), (b), (c), (e), (g), (h), (i), (j), (k), (L) and (m)
5of the statutes are created to read:
AB389,5,76
455.02
(2m) Exceptions. (intro.) A license under this chapter is not required
7for any of the following:
AB389,5,118
(a) A person lawfully practicing within the scope of a license, permit,
9registration, certificate or certification granted to practice nursing under ch. 441, to
10practice medicine and surgery under ch. 448 or to practice as a social worker,
11marriage and family therapist or professional counselor under ch. 457.
AB389,5,1412
(b) A person providing psychological services as directed, supervised and
13inspected by a psychologist who has the power to direct, decide and oversee the
14implementation of the services provided.
AB389,5,1615
(c) The performance of official duties by personnel of any of the armed services
16or federal health services of the United States.
AB389,5,2217
(e) A person pursuing a course of study leading to a graduate degree in
18medicine, social work, marriage and family therapy or professional counseling at an
19accredited college or university while working in a training program, if the person's
20activities and services constitute a part of his or her supervised course of study and
21the person is designated by a title that clearly indicates the training status
22appropriate to the person's level of training.
AB389,6,523
(g) A person who holds a valid and current certificate as a school psychologist
24issued by the department of public instruction, if the person is performing activities
25that are a part of the duties for which he or she is employed, is performing those
1activities solely within the confines of or under the jurisdiction of the organization
2by which he or she is employed and does not render or offer to render psychological
3services to the public for a fee, monetary or otherwise, over and above the salary that
4he or she receives for the performance of the official duties with the organization by
5which he or she is employed.
AB389,6,96
(h) A person who has a doctoral degree in psychology and who has met the
7examining board's requirements for predoctoral supervised experience under s. Psys
82.09 (2), Wis. adm. code, while employed as a psychology resident by a clinic certified
9by the department of health and social services.
AB389,6,1810
(i) An ordained member of the clergy of any religious denomination or sect who
11is associated with a church, synagogue or other religious organization, contributions
12to which are tax deductible for federal and state income tax purposes, if the member
13of the clergy is engaged in activities that are within the scope of his or her regular
14duties as a member of the clergy and that are not rendered to the public for a fee,
15monetary or otherwise, over and above the salary or other compensation that the
16member of the clergy receives for the performance of his or her official duties as a
17member of the clergy with the church, synagogue or religious organization with
18which he or she is associated.
AB389,6,1919
(j) A person practicing hypnosis for other than therapeutic purposes.
AB389,6,2120
(k) A person engaged in employment counseling or testing for other than
21therapeutic purposes.
