457.09(5)(a)(a) A social worker training certificate holder may take the national social work examination at any time after he or she completes the requirements under
sub. (4).
457.09(5)(b)
(b) If a social worker training certificate holder passes the examination specified under
par. (a), he or she shall be permitted to take an examination approved by the social worker section that tests knowledge of state law relating to social work.
457.09(5)(c)
(c) If an individual fails an examination specified under
par. (a) or
(b), he or she may retake the examination. The social worker section may not place any restrictions on the number of times an individual may retake the examinations specified under
pars. (a) and
(b).
457.09(5)(d)
(d) The social worker section shall grant a social worker certificate to an individual who has held a social worker training certificate and who passes the examinations specified under
pars. (a) and
(b).
457.09 History
History: 1995 a. 27.
457.10
457.10
Marriage and family therapist certificate. The marriage and family therapist section shall grant a marriage and family therapist certificate to any individual who does all of the following:
457.10(2)
(2) Submits evidence satisfactory to the marriage and family therapist section that he or she has done any of the following:
457.10(2)(a)
(a) Received a master's or doctorate degree in marriage and family therapy from a program accredited by the commission on accreditation for marriage and family therapy education.
457.10(2)(b)
(b) Received a master's or doctorate degree in marriage and family therapy, psychology, sociology, social work, professional counseling or other mental health field that included course work that the marriage and family therapist section determines is substantially equivalent to the course work required for a master's or doctorate degree in marriage and family therapy described under
par. (a).
457.10(3)
(3) Submits evidence satisfactory to the marriage and family therapist section that after receiving a master's or doctorate degree required under
sub. (2) he or she has engaged in the equivalent of at least 2 years of full-time supervised clinical marriage and family therapy practice approved by the marriage and family therapist section.
457.10(4)
(4) Passes an examination approved by the marriage and family therapist section to determine minimum competence to practice marriage and family therapy.
457.10 History
History: 1991 a. 160.
457.12
457.12
Professional counselor certificate. The professional counselor section shall grant a professional counselor certificate to any individual who does all of the following:
457.12(2)
(2) Submits evidence satisfactory to the professional counselor section that he or she has received a master's or doctorate degree in professional counseling or its equivalent from a program approved by the professional counselor section.
457.12(3)
(3) Submits evidence satisfactory to the professional counselor section that he or she has done any of the following:
457.12(3)(a)
(a) After receiving a master's degree in professional counseling or its equivalent, engaged in the equivalent of at least 2 years of full-time supervised clinical professional counseling practice approved by the professional counselor section.
457.12(3)(b)
(b) After receiving a doctorate degree in professional counseling or its equivalent, engaged in the equivalent of at least one year of full-time supervised clinical professional counseling practice approved by the professional counselor section.
457.12(4)
(4) Passes an examination approved by the professional counselor section to determine minimum competence to practice professional counseling.
457.12 History
History: 1991 a. 160;
1993 a. 366.
457.13
457.13
Professional counselor training certificate. 457.13(1)(1) The professional counselor section shall grant a professional counselor training certificate to any individual who does all of the following:
457.13(1)(a)
(a) Submits an application for the certificate to the department on a form provided by the department.
457.13(1)(d)
(d) Submits evidence satisfactory to the professional counselor section that he or she is employed full-time, or has an offer of full-time employment, as a professional counselor in a supervised clinical professional counseling practice or in a position in which the applicant will, in the opinion of the professional counselor section, receive training and supervision equivalent to the training and supervision received in a full-time supervised clinical professional counseling practice.
457.13(2)
(2) A professional counselor training certificate is valid for 24 months or until the date on which the holder of the certificate ceases to be employed in a position specified in
sub. (1) (d), whichever occurs first, and may not be renewed by the professional counselor section. A professional counselor training certificate authorizes the holder to use any title specified in
s. 457.04 (6) during the period in which the certificate is valid.
457.13 History
History: 1993 a. 366.
457.14
457.14
Temporary certificates. Upon application and payment of the fee specified in
s. 440.05 (6), the appropriate section of the examining board may grant a temporary social worker, marriage and family therapist or professional counselor certificate to any individual who satisfies the requirements under
s. 457.08 (1) (a) and
(b),
457.10 (1) to
(3) or
457.12 (1) to
(3) and has submitted an application to take the next available examination for certification under
s. 457.08 (1) (c),
457.10 (4) or
457.12 (4). A temporary certificate granted under this section is valid for a period designated by the appropriate section of the examining board, not to exceed 9 months, and may be renewed once by that section of the examining board.
457.14 History
History: 1991 a. 160.
457.15
457.15
Reciprocal certificates. 457.15(1)
(1) Upon application and payment of the fee specified in
s. 440.05 (2), the social worker section shall do all of the following:
457.15(1)(a)
(a) Grant a social worker certificate to any individual who holds a similar certificate in another state or territory of the United States if the social worker section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under
s. 457.08 (1).
457.15(1)(b)
(b) Grant an advanced practice social worker certificate to any individual who is certified under
par. (a) or under
s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States if the social worker section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under
s. 457.08 (2).
457.15(1)(c)
(c) Grant an independent social worker certificate to any individual who is certified under
par. (a) or under
s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States if the social worker section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under
s. 457.08 (3).
457.15(1)(d)
(d) Grant an independent clinical social worker certificate to any individual who is certified under
par. (a) or under
s. 457.08 (1) and who holds a similar certificate in another state or territory of the United States if the social worker section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under
s. 457.08 (4).
457.15(2)
(2) Upon application and payment of the fee specified in
s. 440.05 (2), the marriage and family therapist section shall grant a marriage and family therapist certificate to any individual who holds a similar certificate in another state or territory of the United States if the marriage and family therapist section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under
s. 457.10.
457.15(3)
(3) Upon application and payment of the fee specified in
s. 440.05 (2), the professional counselor section shall grant a professional counselor certificate to any individual who holds a similar certificate in another state or territory of the United States if the professional counselor section determines that the requirements for obtaining the certificate in the other state or territory are substantially equivalent to the requirements under
s. 457.12.
457.15 History
History: 1991 a. 160.
457.15 Annotation
The Examining Board may not require applicants for reciprocal certificates to pass an examination covering state law in the absence of a statutory requirement. Applicants for certificates under reciprocal certification must demonstrate that they obtained their certificates under a state law that was substantially equivalent to Wisconsin's educational, experience, and examination requirements.
OAG 4-99.
457.16(1)(1) The appropriate section of the examining board shall arrange for examinations for social worker, advanced practice social worker, independent social worker, independent clinical social worker, marriage and family therapist and professional counselor certification to be conducted at least semiannually and at times and places determined by that section of the examining board, and shall provide public notice of each examination at least 90 days before the date of the examination.
457.16(2)
(2) Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of social work, marriage and family therapy or professional counseling, as appropriate.
457.16 History
History: 1991 a. 160.
457.20
457.20
Issuance of certificate; expiration and renewal. 457.20(1)(1) The department shall issue a certificate of certification to each individual who is certified under this chapter.
457.20(2)
(2) The renewal dates for certificates granted under this chapter, other than certificates granted under
ss. 457.13 and
457.14, are specified under
s. 440.08 (2) (a).
457.20(3)
(3) Renewal applications shall be submitted to the department on a form provided by the department and shall be accompanied by all of the following:
457.20(3)(c)
(c) If the application is for renewal of a professional counselor certificate that was granted under
1991 Wisconsin Act 160, section 21 (2) (g), evidence satisfactory to the professional counselor section that the applicant continues to be employed by a federal, state or local governmental agency as a professional counselor, professional rehabilitation counselor, vocational rehabilitation counselor or rehabilitation counselor.
457.20(4)
(4) Renewal of an advanced practice social worker, independent social worker or independent clinical social worker certificate automatically renews the individual's social worker certificate without payment of the renewal fee for the social worker certificate or completion of the continuing education requirements that would otherwise be required for renewal of a social worker certificate.
457.20 History
History: 1991 a. 160;
1993 a. 366.
457.22
457.22
Continuing education. The examining board may promulgate rules establishing requirements and procedures for certificate holders to complete continuing education programs or courses of study in order to qualify for renewal. The rules may not require an individual to complete more than 30 hours of continuing education programs or courses of study in order to qualify for renewal. The appropriate section of the examining board may waive all or part of the requirements established in rules promulgated under this section if it determines that prolonged illness, disability or other exceptional circumstances have prevented the individual from completing the requirements.
457.22 History
History: 1991 a. 160.
457.25
457.25
Reporting requirements. 457.25(1)
(1) Any public or private mental health or health care agency, institution or facility, or any other person or entity that employs or contracts for services with a certificate holder, that terminates, suspends or restricts the employment or contract of the certificate holder as a result of adverse or disciplinary action against the certificate holder relating to his or her practice of social work, marriage and family therapy or professional counseling shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the certificate holder terminates his or her employment before the action is taken, within 30 days after the date on which the certificate holder terminates his or her employment.
457.25(2)
(2) Any state or local professional society or organization of social workers, marriage and family therapists or professional counselors that terminates, revokes or suspends the membership of a certificate holder, or takes any other adverse or disciplinary action against a certificate holder relating to his or her practice of social work, marriage and family therapy or professional counseling, shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the certificate holder terminates his or her membership before the action is taken, within 30 days after the date on which the certificate holder terminates his or her membership.
457.25(3)
(3) Any insurer, as defined in
s. 600.03 (27), who provides professional liability insurance coverage for a certificate holder and who pays a claim for damages arising out of the rendering of services by the certificate holder or obtains any information that tends to substantiate a charge that the certificate holder has engaged in conduct that constitutes grounds for discipline under
s. 457.26 shall submit a written report of the payment or information to the appropriate section of the examining board within 30 days after the date on which the payment is made or information is obtained.
457.25(4)
(4) Any circuit court that appoints a guardian of the person or estate of a certificate holder or makes a judgment or other determination that a certificate holder is mentally ill or mentally incompetent or that a certificate holder has done any of the acts enumerated in
s. 457.26 (2) shall submit a written report of the appointment, judgment or determination to the appropriate section of the examining board within 30 days after the date on which the appointment, judgment or determination is made.
457.25(5)(a)(a) Within 30 days after receipt of a report under
sub. (1),
(2),
(3) or
(4), the appropriate section of the examining board shall notify the certificate holder, in writing, of the substance of the report. The certificate holder and the certificate holder's authorized representative may examine the report and may place into the record a statement, of reasonable length, of the certificate holder's view of the correctness or relevance of any information in the report. The certificate holder may institute an action in circuit court to amend or expunge any part of the certificate holder's record related to the report.
457.25(5)(b)
(b) If the appropriate section of the examining board determines that a report submitted under
sub. (1),
(2),
(3) or
(4) is without merit or that the certificate holder has sufficiently improved his or her conduct, that section of the examining board shall remove the report from the certificate holder's record. If no report about a certificate holder is filed under
sub. (1),
(2),
(3) or
(4) for 2 consecutive years, the certificate holder may petition the appropriate section of the examining board to remove any prior reports, which did not result in disciplinary action, from his or her record.
457.25 History
History: 1991 a. 160.
457.26
457.26
Disciplinary proceedings and actions. 457.26(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the appropriate section of the examining board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.
457.26(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the appropriate section of the examining board may reprimand a certificate holder or deny, limit, suspend or revoke a certificate under this chapter if it finds that the applicant or certificate holder has done any of the following:
457.26(2)(a)
(a) Made a material misstatement in an application for a certificate or for renewal of a certificate.
457.26(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of social work, marriage and family therapy or professional counseling.
457.26(2)(c)
(c) Advertised in a manner that is false, deceptive or misleading.
457.26(2)(d)
(d) Advertised, practiced or attempted to practice under another's name.
457.26(2)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.34, practiced social work, marriage and family therapy or professional counseling while his or her ability to practice was impaired by alcohol or other drugs.
457.26(2)(f)
(f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under
s. 457.03 (2).
457.26(2)(g)
(g) Performed social work services in violation of the rules promulgated under
s. 457.03 (2) or otherwise engaged in conduct while practicing social work, marriage and family therapy or professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.
457.26(2)(h)
(h) Violated this chapter or any rule promulgated under this chapter.
457.26 History
History: 1991 a. 160;
1995 a. 309.
457.28
457.28
Injunctive relief. If the appropriate section of the examining board has reason to believe that any person is violating
s. 457.04, the appropriate section of the examining board, the examining board, the department, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.
457.28 History
History: 1991 a. 160.
457.30(1)(1) Any person who violates this chapter or any rule promulgated under this chapter may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for the 2nd or any later offense within a year. Each day of continued violation constitutes a separate offense. The period shall be measured by using the dates of the offenses that resulted in convictions.
457.30(2)
(2) Any person who wilfully violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
457.30 History
History: 1991 a. 160.
