Psychologist - Practice FAQ

The following are answers to some frequently asked questions received by the Department of Regulation and Licensing. These questions and answers are general in nature and are provided as a public service. Licensees and applicants with specific questions should refer to the Wisconsin statutes and administrative code provisions which govern their profession. In any instance in which an answer may differ from the provisions of the statutes and administrative code provisions, the latter will govern.

 

Q.   When documenting the number of hours of supervised experience, what services count toward “face-to-face client contact hours” and what services count toward “direct service hours”?

A.“Face-to-face client contact hours” are those spent working directly with your client.    “Direct service hours” are those activities a psychologist performs that support the provision of face-to-face client contact hours.  Examples of direct service hours include note and report writing, studying test results, case consultations and reviewing published works relating to the client's needs.  Direct service hours do not include face-to-face client contact hours.

Q. If I fail the EPPP, how many opportunities will I have to pass the examination?

A: If you fail, you can apply for up to three more attempts for examination. If you fail after the 4th attempt, you will be required to petition the board for further opportunities to pass the EPPP.

As per Psy 2.08 Reexamination " An applicant who fails to achieve a passing grade in the examinations require...May apply for reexamination on forms provided by the board and pay the appropriate fee... An applicant who fails to achieve a passing grade may be reexamined 3 times at not less than 3 - month intervals.

If the applicant fails to achieve a passing grade on the third reexamination, the applicant may not be admitted to any further examination until the applicant reapplies to the board for permission to be reexamined and presents evidence satisfactory to the board of further professional training or education as the board may prescribe or approve following its evaluation of the applicant's specific case."

 

Q. May a psychologist consult with and make recommendations to a patient and his or her prescribing health care professional regarding medication for the patient?

A: Yes, the law allows a psychologist to consult with and provide recommendations to a patient or to a patient’s prescribing health care professional regarding medication. The limitations that apply to these services apply to all services. A psychologist may only provide services that are consistent with the psychologist’s training, education or experience. The psychologist also may not provide the health care prescriber with any patient information without a release from the patient. It is incumbent upon the psychologist to make sure that the patient understands that the psychologist may not prescribe medication and that the patient should rely on information about medication from his or her health care prescriber if the opinions of the psychologist and the health care prescriber differ.

Q: A client in April informed a psychologist that the client intended to commit suicide by Christmas. The psychologist has not seen the client since May. Can/should the psychologist report the threat?

A: Psychologists may disclose confidential information without the consent of the individual for a valid purpose such as to protect the client or others from harm.

Q: Can a provider send a communication to the board asking advice on whether or not to file a complaint?

A: No, the provider should send the complaint to the Board and allow the Board to investigate the matter. The Board will not advise licensees about whether or not to file a complaint.

 

Q: Is there a minimum amount of malpractice (errors & omissions) insurance that a psychologist is required to carry?

A: No minimum amount of insurance is set by Wisconsin law.

Q: Are teletherapy and internet therapy permitted in Wisconsin?

A: They are not regulated separate and apart from the practice of psychology.

Q: Are fees and fee disputes regulated by the Psychology Examining Board?

A: No, the board does not intercede in disputes involving issues such as fee disputes.  However, the Wisconsin Psychological Association's Professional Issues Committee and its Ombudsman do respond to inquiries regarding disputes between professionals, ethics concerns regarding psychologists who are WPA members, and issues such as fee disputes.

 

Q: What are the CE Requirements for the Current Biennium?

A:  Requirements for the current biennium can be found at the Board of Psychology's Education Web Page on the DRL Website.

 

Q: Is a psychologist mandated to report suspected child abuse or neglect if the information is obtained from an alleged perpetrator or person other than the alleged child victim?

A. No.  Ch. 48.981 (The Children's Code) mandates specific individuals including mental health professionals to report to the appropriate agency when, in the course of professional duties with the child , there is a reasonable suspicion that the child has been abused or neglected or has been threatened with abuse or neglect. 

When the suspicion of child abuse or neglect is obtained from an alleged perpetrator or person other than the alleged child victim, a psychologist MAY report this suspicions without liability of the report is made in good faith. In addition, in accordance with two California Supreme Court rulings (1974 & 1976) a psychologist MAY have a duty to warn or protect victim or intended victim(s) or risk a negligence claim.  Finally, most psychologists would consider such an action to fall within the APA Ethics Guidelines and Code of Conduct (2002) if there is reasonable suspicion that a child is currently being harmed or if that child or other children are still at risk of abuse or neglect.

 

Q: Is suspected elder abuse a mandated reporting requirement?

A: No.  Currently, it is discretionary.  However, the duty to warn and protect remains relevant.

 

Q: Is a 14 year old's permission needed before records can be released, and can a minor who is 14 or older block release of records

A: No to both questions.  While a child over 14 may release mental health records, the parents also retain the ability to release and access records, even without the child's permission, unless denied periods of physical placement after divorce as stated in Ch. 767 (Actions Affecting the Family). Under statutes 51.30(5)(a)  and 48.396(1b), either a child over the age of 14 or his/her parents or legal guardian may release records without the signed release of the other.  Thus, a child 14 or older cannot deny a parent access to his/her mental health records or prevent release of these records, unless that parent has been denied periods of physical placement.  Parents may certainly be asked to respect confidentiality but cannot legally be denied access to records (even if it is not in the child's best interests) without a court order.

                Under s. 51.47 (2) a health care provider or outpatient facility may only release records regarding outpatient, or detoxification, drug or alcohol services WITH the consent of a minor patient, provided the minor is 12 years of age or older.

 

Q: When a practitioner goes on vacation, should the clients provide a release of information to allow a covering psychologist access to client records?

A: Informed consent, which allows the client to ask questions and possibly object to the dissemination of any information, is always a good idea, even when it is not legally necessary. It can consist of an actual “release of information” form signed by the client(s), especially if reinforced in a progress note, or as progress note reference to discussion of the issue. Informing the client of vacation and on-call procedures in the initial treatment agreement provides another way to inform the client and elicit any concerns. These procedures are especially important for

Q. Should a psychologist who is leaving employment contact his/her clients and inform them of the change.

A. There are a number of issues that must be considered including the APA Ethical Principles and Code of Conduct, statutes that might apply to the particular employment setting (i.e., Wisconsin Certified Outpatient Mental Health Clinic), and any employment agreement that the psychologist might have with the employer.  The APA Ethical Principles and Code of Conduct indicate that psychologists make reasonable efforts “…to provide for orderly and appropriate resolution of responsibility for client/patient care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the client/patient.”  Statutes or rules such as Wisconsin Certified Outpatient Psychotherapy Clinic standards may define things such as ownership of the patient record.  An individual psychologist's contract or employment agreement may also define what actions can be taken upon termination of employment, and may prohibit any attempts “to solicit” former clients/patients.  All of the above must be considered, with the welfare of the client/patient being the primary concern.

Q: Is it permissible to accept gifts from clients?

A: The rules of conduct do not explicitly prohibit receipt of gifts. When a proffered gift represents a therapeutic issue or a possible manipulation, psychologists must exercise competent professional judgment. Acceptance of valuable gifts may create the impression of client exploitation.

 

Q: Can I get a license if I've been convicted of a crime?

A: There is no simple answer to this question.

All professions are subject to the state law (sections 111.321, 111.322 and 111.335, Stats.) that prohibits discrimination against applicants based on conviction records unless convictions are substantially related to the practice of the profession. The phrase “substantially related” is interpreted broadly in order to protect the public, especially in health service professions where licensees interact with vulnerable populations, so convictions that involved harm to others or that suggest an impaired ability to perform licensed duties will probably be considered to be substantially related to the practice of the profession.

It is common for a board to ask the applicant to appear in person, to explain the circumstances of his or her conviction record and to discuss the person's development since the offense(s). Once it evaluates all the information submitted by the applicant, including any in-person interview, the board then has wide discretion to grant or deny the application. This is why it's very difficult to provide a simple answer to this question. Being denied for a license would not prevent a person from applying again later.

An additional consideration is that, even though an applicant may be granted a license, certain employment opportunities may be unavailable to persons with criminal records. For example, under the “caregiver law”, some convictions require post-conviction DHFS Rehabilitation Review prior to working in a DHFS licensed facility.

Q: Is there a requirement for me as a credentialed professional to report unprofessional conduct by another member of my own profession?

A: No. Child abuse must be reported, and the reporting of sexual abuse by a therapist must be discussed with the victim, but mandatory reporting of unprofessional conduct has not been added to the Code of Professional Conduct. There is a statute, section 440.042 (2), that encourages people to report unprofessional conduct by a grant of civil immunity (“any person who in good faith ... provides the department or any examining board ... with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability”) but a credential-holder is not subject to disciplinary action for failing to report unprofessional conduct by another.