The following rule changes
became effective on June 1, 2004 :
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 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 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 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. 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 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 other professionals. Unless records are
subject to a different records retention policy by an entity with
an obligation to maintain treatment records, a licensee shall retain
treatment records for at least 7 years. 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 Psy 5 (34) is created
to read:
(34) Violating any provision
of ch. 455, Stats., or any rule or order of the board.
