Wis. Stat. § 455.02

Current through Acts 2023-2024, ch. 272
Section 455.02 - License required to practice; use of titles
(1m) LICENSE REQUIRED.
(a) Except as provided in sub. (2m) and ss. 257.03 and 455.03, no person may engage in the practice of psychology, or attempt to do so or make a representation as authorized to do so, without a license issued by the examining board.
(b) Except as provided in sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (2) may use the title "psychologist" or any similar title or state or imply that he or she is licensed to practice psychology. Except as provided in sub. (2m) and ss. 257.03 and 455.03, only an individual licensed under s. 455.04 (1) or (2) may represent himself or herself to the public by any description of services incorporating the word "psychological" or "psychology."
(2m) EXCEPTIONS. A license under this subchapter is not required for any of the following:
(a) A person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted by this state.
(b) A person providing psychological services as directed, supervised and inspected by a psychologist who has the power to direct, decide and oversee the implementation of the services provided.
(c) The performance of official duties by personnel of any of the armed services or federal health services of the United States.
(d) A person employed in a position as a psychologist or psychological assistant by a regionally accredited higher educational institution, if the person is performing activities that are a part of the duties for which he or she is employed, is performing those activities solely within the confines of or under the jurisdictions of the institution in which he or she is employed, and does not render or offer to render psychological services to the public for a fee over and above the salary that he or she receives for the performance of the official duties with the institution with which he or she is employed. An individual acting under this paragraph may teach the practice of psychology, conduct psychological research, present lectures on the practice of psychology, perform any consultation required by his or her academic or research functions, or provide expert testimony in court related to his or her field of expertise. A person employed in a position under this paragraph may utilize or represent himself or herself by the academic or research title conferred upon him or her by the administration of the laboratory, school, college, or university or use the title "psychology professor" or "academic psychologist."
(e) A person pursuing a course of study leading to a graduate degree in medicine, social work, marriage and family therapy or professional counseling at an accredited college or university while working in a training program, if the person's activities and services constitute a part of his or her supervised course of study and the person is designated by a title that clearly indicates the training status appropriate to the person's level of training.
(f) A person providing psychological services as part of a psychology training program, if his or her activities and services constitute a part of the supervised course of study and are performed under the supervision of a psychologist licensed under this subchapter and the person does not provide or offer to provide psychological services to the public for a fee over and above the salary that he or she may receive for the performance of the official duties with the employing agency or organization. A person providing services under this paragraph may use the title "psychology student," "psychology intern," or "psychology resident."
(g) A person certified by the department of public instruction to provide psychological or counseling services, if the person is performing activities that are a part of the duties for which he or she is employed, is performing those activities solely within the confines of or under the jurisdiction of the school district by which he or she is employed and does not render or offer to render psychological services to the public for a fee over and above the salary that he or she receives for the performance of the official duties with the school district by which he or she is employed.
(i) An ordained member of the clergy of any religious denomination or sect who is associated with a church, synagogue or other religious organization, contributions to which are tax deductible for federal and state income tax purposes, if the member of the clergy is engaged in activities that are within the scope of his or her regular duties as a member of the clergy and that are not rendered to the public for a fee over and above the salary or other compensation that the member of the clergy receives for the performance of his or her official duties as a member of the clergy with the church, synagogue or religious organization with which he or she is associated.
(k) A person whose activities are limited to educational or vocational counseling or testing that is performed in a human resources, personnel, or educational setting.
(l) A mental health professional who has met all of the qualifications under s. DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. DHS 61.95, Wis. Adm. Code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.
(m) A person providing psychological services as an employee of a federal governmental agency, if the person is providing the psychological services as a part of the duties for which he or she is employed, is providing the psychological services solely within the confines of or under the jurisdiction of the agency by which he or she is employed, and does not provide or offer to provide psychological services to the public for a fee over and above the salary that he or she receives for the performance of the official duties with the agency by which he or she is employed.
(n) A person coordinating or participating in the activities of a nonprofit peer support group, if the person performs those activities solely within the confines of the peer support group and does not render or offer to render psychological services to the public for a fee.
(o) A person providing psychological services as an employee of a state or local governmental agency, if the person is providing the psychological services as a part of the duties for which he or she is employed, is providing the psychological services solely within the confines of or under the jurisdiction of the agency by which he or she is employed, does not provide or offer to provide psychological services to the public for a fee over and above the salary that he or she receives for the performance of the official duties with the agency by which he or she is employed, and has received a master's degree in psychology from a regionally accredited higher educational institution or has fulfilled requirements commensurate with a master's degree, as determined by the examining board. The examining board may promulgate rules to further establish requirements for exemptions under this paragraph for persons who do not hold a master's degree in psychology. A person providing services under this paragraph may use the title "psychological associate."
(p) A person providing psychological services under the supervision of a psychologist licensed under this subchapter as part of a formal psychology fellowship program that meets the program standards of an organization as determined by the examining board. A person providing services under this paragraph may use the title "psychology fellow."
(q) A person whose activities are limited to testifying in a court in this state regarding services rendered in another state.
(r) A person engaging in the private practice of school psychology who holds a valid private practice school psychologist license issued under s. 455.04 (4), 2019 stats. A person acting under this paragraph may use the title "private practice school psychologist."
(s) A person who holds a doctoral degree in psychology but does not engage in the practice of psychology. A person described in this paragraph may use the title "psychologist" or "doctor of psychology."

Wis. Stat. § 455.02

Amended by Acts 2021 ch, 131,s 34, eff. 2/6/2022.
Amended by Acts 2021 ch, 131,s 33, eff. 2/6/2022.
Amended by Acts 2021 ch, 131,s 32, eff. 2/6/2022.
Amended by Acts 2021 ch, 22,s 25, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 24, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 23, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 22, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 21, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 20, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 19, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 18, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 17, eff. 6/1/2021.
Amended by Acts 2021 ch, 22,s 16, eff. 6/1/2021.
1979 c. 162 ss. 30, 38 (7); 1989 a. 243; 1995 a. 27 ss. 9126 (19), 9145 (1); 1995 a. 188; 1995 a. 225 s. 466; 1997 a. 35, 261; 2001 a. 38, 104; 2005 a. 96; 2007 a. 20 s. 9121 (6) (a); 2009 a. 42, 180.

Section Psy 2.09 (2), Wis. Adm. Code was repealed eff. 7-1-99 by Rule Order CR 98-206 published in the Wisconsin Administrative Register, June, 1999, No. 522.