State
o
f Wisconsin
Psychology Examining Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
PSYCHOLOGY EXAMINING BOARD
ORDER OF THE
PSYCHOLOGY EXAMINING BOARD
ADOPTING RULES
CLEARINGHOUSE RULE 13-103
ORDER
An order of the
Psychology Examining Board
to
repeal
Psy
4.02;
renumber
Psy
4.03(intro) and
Psy
4.03(2);
renumber and amend
Psy
4.03
(1)
; amend Chapter
Psy
4
(title); repeal
Psy
4.02; and create
Psy
4.015,
4.025,
4.03
5
, 4.04, and 4.05 relating to psychology continuing education.
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Explanation of agency authority:
The examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and
unethical
practices not inconsistent with the law relating to the particular profession.
Specifically
, the board shall promulgate rules
establishing the minimum number of hours of continuing education, the topic areas that the continuing education must cover, the criteria for the approval of continuing education programs and courses required for renewal of a license, the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses,
and
the
criteria for the approval of continuing education programs and courses required for the exemptions from the examination requirements under s.
455.04
(1)
(e)
and
(4)
(f)
.
Related statute or rule:
N/A
Plain language analysis:
The rule reorganizes and clarifies the continuing education requirements for psychologists.
S
ection
1 inserts the words “continuing education” into the title in order to provide an easy reference for licensees.
S
ection
2 creates a definition section.
S
ection
3
repeals the current continuing education requirements in order to reorganize and create clarity.
S
ection
4
This
section is created to include the general continuing education requirements.
S
ection
s
5
, 6 and 7
moves the current
Psy
4.03 section to the end of the
chapter. In addition, the section is amended to specify the number of continuing education hours which must be completed to renew a license which expired less than five years
before
the application for renewal.
S
ection
8
creates three new sections. The first section
specifies approved continuing education. A psychologist may obtain continuing education as follows: completing courses from an organization approved by the American Psychological Association
,
National Association of School Psychologists
or Canadian Psychological Association
,
courses sponsored by Wisconsin Psychological Association or Wisconsin School Psychologists Association,
category I courses approved by the American Medical Association or the American Osteopathic Association
, or
courses approved in another state
in which
the licensee holder also holds a license
or graduate level courses from an accredited college or university
; teaching and presenting programs or courses; serving on a professional board or committee; authorship of a book, book chapter or article
in peer
reviewed journal;
completing
board certification;
completing
a master’s or doctoral degree in psychopharmacology
; providing supervision to trainees
;
and evaluation of community outpatient mental health programs. The second section provides postponement, waiver and exemptions to the continuing education requirements based upon hardship or retirement. The third section specifies records of continuing education must be kept for a minimum period of six years. In addition,
the third section revises the current requirement for a mandatory audit of compliance with the continuing education requirements to instead allow a general audit to be conducted in the board’s discretion
.
S
ection
9
states an effective date of October 1, 2015 which is the start of the next biennium.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois
:
Illinois requires
each biennial
24 hours of continuing education and of those 24 hours at least 3 hours must be related to the ethics. Continuing education may be earned by participating in a course or program by an approved continuing education sponsor;
completing
postgraduate training programs
;
and for teaching in the field of psychology in an accredited college, university, graduate school or
as an instructor of a program by approved sponsors. Postgraduate
course and teaching courses have maximums as to the number to be counted towards the required 24 hours. Continuing education records are to be maintained for the previous 8 years. Illinois
has
provisions for waivers of continuing education for hardship.
Iowa
:
Iowa requires
40
hours of
continuing ed
ucation each biennium.
For the second renewal period, licensees’ continuing education
must
include 6 hours in
either Iowa mental health laws and
regulations or risk management. For all subsequent renewals, licensees’ continuing education
must
include 6 hours in any of the following: ethics, federal mental health laws,
Iowa
mental health laws or risk management. Board members may obtain continuing education hours based upon attendance and participation at board meetings.
Continuing education may be earned as follows: mandatory reporter training; programs sponsored by the American Psychological Association or Iowa Psychological Association; approved workshops, conferences or symposiums; academic coursework; home study or electronically transmitted courses; scholarly research
published
in recognized professional publication; and preparing and teaching courses or programs
. Iowa does not have provisions on hardship waivers.
Michigan
:
Michigan does not require continuing education for psychologists.
Minnesota:
Minnesota requires 40
hours of continuing education
each biennium
. Continuing education may be earned as follows: developing and teaching an academic course; attending
courses or
presentations
based on scientific, practice or professional standards foundations; graduate level courses in psychology; developing presentation, or taped or computerized materials based on scientific, practice or professional standards foundations;
and
authoring, editing or reviewing a psychological
publication. Continuing education records must be maintained for 8 years after the renewal date. Variances may be granted for completion of continuing education outside the b
iennium.
The board randomly audits a percentage of renewing licensees each month for compliance with continuing education.
Summary of factual data and analytical methodologies:
The Board
considered
the Association of State and Provincial Psychology Board’s recommendations for continuing education and the continuing education requirements of other states. In addition, the Board reviewed
recent
the
audit results to determine
what issues required clarification for the credential holders.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
This rule was posted for 14 days for economic comments and none were received.
The
Board determines that the
modification of existing rules to clarify continuing education requirements
, which does not increase the requirement, does not create an effect on small business nor have an economic impact.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business
:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Eric.Esser
@wisconsin.gov
, or by calling (608) 26
7-2435
.
Agency contact person
:
Sharon Henes, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-2377
; email at
Sharon.Henes
@wisconsin.gov
.
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TEXT OF RULE
Section 1
.
Chapter
Psy
4
(title) is amended to read:
REQUIREMENTS FOR RENEWAL
AND CONTINUING EDUCATION
Section 2
.
Psy
4.015 is created to read:
Psy
4.015 Definitions.
In this chapter:
(1) “Board” means Wisconsin Psychology Examining Board.
(
2
)
“Continuing education hour” means continuing education consisting of not less than 50 minutes.
(
3
) “Ethics” means content consistent with
one
or more of the American Psychological Association’s ethical principles of psychologists.
(
4
) “
Jurisprudence” means content relating to laws and regulations affecting the practice of psychology.
(5) “Professional activity” means any of the following:
(a) Serving on the American Psychological Association or its affiliated state psychological association committee or board.
(b) Serving on a state Psychology Examining Board.
(c) Serving on the National Association of School Psychologists or its affiliated state association committee or board.
(d) Serving on the American Board of Professional Psychology committee or board.
(e) Serving on the Association of Psychology Postdoctoral Internship Centers committee or board.
(f) Serving on the Association of State and Provincial Psychology Boards committee or board.
(
6
) “Risk management” means content relating to the reduction of probability of incurring
legal,
regulatory or malpractice actions in the practice of psychology.
(
7
)
“
Trainee
” means
a person
who is
obtaining appropriate experience in psychological work under supervision
pursuant to
s.
455.04
(1)(d)
, Stats
.
Section
3.
Psy
4.
02 is repealed
Section 4.
Psy
4.
025 is created to read
:
Psy
4.02
5
Continuing education
. (
1
) Unless granted a postponement
or waiver under
Psy
4.04
,
every licensee shall complete at least 40
board
approved continuing education
hours
in each biennial
registration period,
as specified in s.
455.06
, Stats
.
(a) A minimum of
6
hours of the required 40 continuing education hours shall be in ethics, risk management or jurisprudence.
(b) Continuing education hours completed in the topics of supervision or suicide prevention shall be calculated as 1.5 times the numbers of continuing education hours obtained.
(
2
) Continuing education hours may apply only to the registration
period in which the hours are acquired. If a license has been
allowed to lapse, the board may grant permission to apply continuing
education hours acquired after lapse of the license to a previous
biennial period of licensure during which required continuing
education was not acquired. In no case may continuing
education hours be applied to more than one biennial period.
(
3
) During the time between initial
Wisconsin
licensure and commencement
of a full 2−year licensure period
,
licensees shall not be
required to meet continuing education requirements.
(
4
) Applicants from other states applying under s.
455.04 (1) (e)
or
(4) (f)
,
Stats., shall submit proof of completion of at least 40
board approved
continuing education
hours
obtained
within 2
years prior to application
. An applicant who
first
obtained licensure a
s
a
psychologist or private practice school psychologist less than 2 years prior to submitting
the
Wisconsin application is not required to meet this subsection
Section
5
.
Psy
4.03
(intro) is
renumbered to
Psy
4.06
(intro).
Section
6
.
Psy
4.03(
1
) is renumbered to
Psy
4.06(
1
)
and amended to read:
Psy
4.06
(1)
If the licensee applies for renewal of the license less than
5 years after its expiration, the license shall be renewed upon payment
of the renewal fee and fulfillment of
the
40
continuing education hours
completed
within 2 years prior to renewal
.
Section 7.
Psy
4.03(2) is renumbered to
Psy
4.06(2)
Section
8
.
Psy
4.03
5
, 4.04 and 4.05 are c
reated to read:
Psy
4.03
5
Approved
c
ontinuing education.
(1) The
board shall approve all of the following programs and courses
,
if
relevant to the professional practice of psychology:
(a) Continuing education programs and courses sponsored by a
n
organization
approved
by
one of the following:
1.
American
P
sychological
A
ssociation
.
2. National Association of School Psychologists
.
3. Canadian Psychological Association
.
(b) Continuing education programs and courses sponsored by one of the following:
1. Wisconsin Psychological Association
.
2. Wisconsin School Psychologist
s
Association
.
(
c
) Educational programs recognized as approved at the time
of attendance as “category I” continuing medical education programs
by the council on medical education of the American
M
edical
A
ssociation or the American
O
steopathic
A
ssociation.
(
d
) Continuing education courses approved by the psychology
licensing board in another state where the
psychologist
is also
licensed.
(
e
) Graduate level courses
of
two
semester or
three
quarter credits
,
or more
,
relevant to the professional practice of psychology offered by
a regionally
accredited college
or
universit
y
in which a
person receiv
es
a passing grade shall be granted 20 continuing education hours.
(
2
) No more than eight hours of continuing education hours may be credited per day for courses and programs in par.
(1)
(a)
through
(
d
).
(
3
)
Continuing
education
hours
shall be granted for teaching
or
presenting any
of
the programs or courses in sub. (1)
but
no
credit will be granted for
any
subsequent presentations
of the same program or course. A teacher or presenter
shall
receive 2 continuing education hours for each hour of presentation with a maximum of 20 continuing education hours
per biennium
.
(
4
)
Continuing education hours
shall be
granted
for professional activity
consisting of 1 year of service with a minimum of 6 total contact hours
. A licensee shall receive
6
hours of continuing education for each professional activity,
with a maximum
of
12
continuing education hours
per biennium.
(5) Continuing education hours shall be granted for serving as a reviewer for a peer reviewed publication. A
licensee
shall receive 3 hours per publication, with a maximum of 12 continuing education hours per biennium.
(
6
) Continuing education hours shall be granted for first or second authorship
of
a
publication
relevant to psychology
if the publication is contained in a
n academic or professional
book
or
book chapter or
peer-reviewed journal
article.
A licensee
shall receive
10
continuing education hours per authorship,
with a maximum
of 20 continuing education hours
per biennium
.
(
7
) Continuing education hours shall be granted for
earning
board certification by the American Board of Professional Psychology.
A licensee
who
successfully
complete
s
board certification shall receive 40 continuing education hours. The ethics, risk management or jurisprudence requirement may not be met unless the board certification process included
at least six hours on
those topics.
(
8
) Continuing education hours shall be granted for completion of a master’s or doctoral degree in psychopharmacology
from
a regionally
accredited college
or
universit
y
. Licensees who complete a master’s or doctoral degree in psychopharmacology shall receive 40 continuing education hours. The ethics, risk management or jurisprudence requirement may not be met unless the coursework included those topics.
(
9
) Continuing education hours shall be granted for providing supervision
to
one
or more
psychological
trainee
s
.
The supervisor shall receive 1 continuing education hour for every 4 hours of supervision,
w
ith a maximum of
20 continuing education hours.
(
10
) (a) Continuing education hours shall be granted for
the evaluation
of
a
community mental health program, as defined
in s.
51.01 (3n)
, Stats., and approved by the department of health
services according to rules promulgated under s.
51.42 (7) (b)
,
Stats.
Four
hours of assistance, including hours in training
required
by the department of health services,
are equal to
one
continuing education
hour
for
the purposes of this section.
(b)
A licensee
wishing to apply for continuing education
credit under this subsection shall register in advance with the
board, and shall notify the board on
a
form provided by the board
of
the dates and the total number of hours in any biennium for
which the applicant will be available to provide assistance. The
board shall make referrals to the department of health services in
the order
applicants are
received.
Psy
4.04 Postponement
, Waiver and Exemptions
(
1
) A licensee may apply to the board for a postponement or
waiver of the requirements of this
chapter
on grounds of prolonged
illness or disability, or on other grounds constituting extreme
hardship. The board shall consider each application individually
on its merits, and the board may grant a postponement, partial
waiver or total waiver as deemed appropriate.
(
2
) The board may grant an exemption from the requirements
of this
chapter
to a licensee who certifies to the board that
the licensee
has permanently retired from the practice of psychology
or the private practice of school psychology
.
(
3
) A licensee who has been granted an exemption from the
requirements of this
chapter
based on retirement from the practice of psychology
or the private practice of school psychology
may not return to
active practice
without submitting evidence satisfactory to the board
of having completed 40 credits of continuing education
hours
obtained within 2 years prior to the return to the practice of psychology.
Psy
4.05 Record Keeping and Audits
(1
) A
licensee
shall retain for a minimum period of
6
years and shall make available to the boar
d or its agent upon request all the
following proof of continuing education
that applies to the licensee
:
(a) Certificate of attendance issued by the program sponsor. The certificate shall include the name of
the licensee
, date
of attendance
,
sponsor
name, hours and title of course.
(b) Unofficial transcript for graduate level courses or psychopharmacology degree.
(c) Documentation of publication.
(d)
Verification
from
the organization
, on organization letterhead,
documenting professional activities
including the dates of
service
.
(e) Documentation of board certification
from the American Board of Professional Psychology
.
(f) Documentation verifying the dates and number of hours of
voluntary, uncompensated services provided in assisting the department of health services
using a form provided by the department
of safety and professional services
.
(g) Attestation form
, provided by the department of safety and professional services,
documenting supervision
including the dates of supervision
and total number of hours
per day
.
(2) The board may conduct a random audit
of licensees
on a biennial basis for compliance with continuing education requirements
. The board may conduct an audit on
any licensee who
has come under
investigation by the board for alleged misconduct.
Section
9
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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