UNPROFESSIONAL CONDUCT
GHSS 5.01 Authority. The rules of conduct in this chapter are adopted under authority of ss. 15.08 (5) (b), 227.11 (2), 470.03 (1) and 470.08, Stats.
GHSS 5.02 Intent. The intent of the board in adopting this chapter is to establish rules of professional conduct for the professions of geology, hydrology and soil science. A violation of any standard specified in this chapter may result in disciplinary action under s. 470.08, Stats.
GHSS 5.03 Definitions. The term “unprofessional conduct" is defined to mean and include but not be limited to the following, or aiding and abetting the same:
(1) Making a material misstatement in an application for a license or for renewal of a license.
(2) In sitting for any licensure examination, soliciting or knowingly disclosing examination content.
(3) Failing to cooperate with the board or a section of the board in an investigation under this section.
(4) Engaging in gross negligence in the practice of professional geology, professional hydrology or professional soil science through the performance of professional services which do not comply with an acceptable standard of practice that has a significant relationship to the protection of health, safety or public welfare and is performed in a manner indicating that the professional knew or should have known, but acted with indifference to or disregard of, the accepted standard of practice.
(5) Providing incompetent services in the practice professional geology, professional hydrology or professional soil science which demonstrate any of the following:
(a) Lack of ability or fitness to discharge the duty owed by a professional geologist, professional hydrologist or professional soil scientist to a client or employer or to the public.
(b) Lack of knowledge of the fundamental principles of the profession or an inability to apply fundamental principles of the profession.
(c) Failure to maintain competency in the current practices and methods applicable to the profession.
(6) Subject to ss. 111.321, 111.322 and 111.34, Stats., engaging in the practice of professional geology, hydrology or soil science while the person's ability to engage in the practice was impaired by alcohol or other drugs.
(7) Having been adjudicated mentally incompetent by a court of competent jurisdiction.
(8) Subject to ss. 111.321, 111.322 and 111.335, Stats., having violated federal or state laws, local ordinances or administrative rules relating to the practice of professional geology, hydrology or soil science.
(9) Preparing deficient plans, drawings, maps, specifications or reports.
(10) Engaging in conduct which evidences a lack of trustworthiness to transact the business required by the profession.
(11) Misrepresenting professional qualifications such as education, specialized training or experience.
(12) Failing to provide appropriate supervision to those to whom a licensee has delegated services constituting the practice of professional geology, professional hydrology or professional soil science, including the following:
(a) Indirect or casual review or inspection of prepared plans, drawings, specifications, maps, plats, charts, reports or other documents.
(b) Delegation of any decision requiring professional judgment.
(c) Mere assumption by a professional geologist, professional hydrologist or professional soil scientist of responsibility for work without having control of the work.
(d) Assumption of charge, control or direct supervision of work in which the professional geologist, hydrologist or soil scientist does not have technical proficiency.
(13) When offering to perform professional services as a professional geologist, professional hydrologist or professional soil scientist, failing to accurately and truthfully represent to a prospective client or employer the capabilities and qualifications which the licensee has to perform the services to be rendered or the costs and completion times of a proposed project.
(14) Offering to perform or performing services, which the licensee is not qualified to perform by education or experience without retaining the services of another who is qualified.
(15) Using false, fraudulent or deceptive advertising or publicity; or practicing or attempting to practice under another's name.
(16) Falsely representing that the licensee is engaged in a partnership or association with another unless there exists in fact a partnership or association, or practicing under a firm name that misrepresents the identity of those practicing in the firm or misrepresents the type of services which the individuals, firm or partnership is authorized and qualified to perform.
(17) Collecting a fee for recommending the services of another unless written notice is first given to all parties concerned.
(18) Any conflict of interest, unless the licensee informs the client or employer of all the circumstances which may interfere with or impair the licensee's obligation to provide professional services, and unless the licensee has the full approval and consent of the client or employer.
(19) Failing to notify an employer or client and to withdraw from employment at any time if it becomes apparent that it is not possible to faithfully discharge the responsibilities and duties owed to the client or employer; or agreeing to perform professional services for a client or employer if the registrant has a significant financial or other interest which would impair or interfere with the registrant's responsibility to faithfully discharge professional services on behalf of the client or employer.
(20) Accepting payment from any party other than a client or employer for a particular project or having any direct or indirect financial interest in a service or phase of a service to be provided as part of a project unless the employer or client approves.
(21) Soliciting or accepting anything of value from material or equipment suppliers in return for specifying or endorsing a product.
(22) Violating the confidences of a client or employer, except as otherwise required by law.
(23) Providing services for a client or employer while a full-time employe of another employer without notifying all parties concerned.
(24) Aiding or abetting the unlicensed practice of professional geology, hydrology or soil science.
(25) Signing, sealing or stamping any plans, drawings, documents, specifications or reports for professional geology, hydrology or soil science practice which are not prepared by the licensee or under his or her personal direction and control.
Fiscal Estimate
These rules implement the regulation of professional geologists, hydrologists and soil scientists as enacted by 1997 Wis. Act 300. The Joint Committee on Finance approved position authority and funds to implement this legislation through the 16.515 process on October 28, 1998. This approval was for FY 99, FY 00 and FY 01 (Fiscal Years 1999, 2000 and 2001). The staffing and funding for this registration needs to be reviewed for the 2001-03 biennium.
The cost to implement this legislation for FY 99 includes $69,547 for salary and fringe (3.0 FTE(Full-Time Equivalent)); $17,633 for Board expenses; $8,036 for supplies and services; and $16,500 for one-time costs (computers and office furniture). Annual costs for FY 00 and FY 01 are estimated at $122,000 annually.
These rules increase neither the Department's revenues nor its expenditures. This rule does not appear to have any impact on local government costs.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Department of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearings
Health & Family Services
(Community Services,
Chs. HFS 30-)
Notice is hereby given that, pursuant to s. 48.57(3m)(ar), Stats., the Department of Health and Family Services will hold public hearings to consider the creation of ch. HFS 58, Wis. Adm. Code, relating to the eligibility of nonparent relatives of children to receive kinship care benefits to help them provide care and maintenance for the children.
Hearing Information
June 14, 1999 Birch Room
Monday Best Western Midway Hotel
From 11 a.m. to 3 p.m. 2901 Martin Avenue
WAUSAU, WI
June 15, 1999 Bureau of Milwaukee Child Welfare
Site 3
Tuesday 611 N. Teutonia Ave.
From 10 a.m. to 4 p.m. MILWAUKEE, WI
June 21, 1999 Madison B Room
Monday Comfort Inn East
From 11 a.m. to 3 p.m. 4822 E. Washington Ave.
MADISON, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Kinship care is care and maintenance of a child who resides outside of the child's own home, either temporarily or for the long-term, with a relative who could be an adult brother or sister, a first cousin, a nephew or niece, an uncle or aunt or a grandparent, among others.
A recent session law, 1995 Wisconsin Act 289, created s. 48.57(3m), (3p) and (3t), Stats., which authorize a county or tribal child welfare agency to make a monthly payment of $215, called a kinship care benefit, to an approved relative to help the relative provide care and maintenance for the child. These payments started on July 1, 1996 and by July 1, 1997 had replaced income maintenance payments under s. 49.33, Stats., for care provided by non-legally responsible relatives. The kinship care statutes were amended in October 1997, effective January 1, 1999, by 1997 Wisconsin Act 27 to make the Department responsible for administration of the kinship care program in Milwaukee County. The statutes were amended again in April 1998 by 1997 Wisconsin Act 105 to add sub. (3n), relating to long-term kinship care, and in June 1998 by 1997 Wisconsin Act 237 to direct the Department to promulgate rules that set forth criteria for determining the eligibility of a kinship care relative to receive the monthly kinship care payment.
These are the Department's rules for the kinship care program. The Department's rules cover all of the following topics:
•
Conditions for applying for a benefit.
•
How to apply for a benefit.
•
Agency review of applications.
•
Requesting an exemption for good cause from the requirement to cooperate with the agency in securing payment of child support.
•
Eligibility criteria, under the headings of need of the child for the kinship care living arrangement, best interests of the child and jurisdictional considerations.
•
The use of waiting lists.
•
Reassessment at least annually of a kinship care relative's eligibility.
•
Appeal rights of an applicant who has been denied a kinship care benefit or of a kinship care relative whose benefit has been discontinued following a reassessment.
