457.28 Injunctive relief.
Ch. 457 Cross-reference
Cross-reference: See definitions in s.
440.01.
457.01
457.01
Definitions. In this chapter:
457.01(1)
(1) "Certificate holder" means an individual who is certified under this chapter.
457.01(2)
(2) "Examining board" means the examining board of social workers, marriage and family therapists and professional counselors.
457.01(3)
(3) "Marriage and family therapist" means an individual who practices marriage and family therapy.
457.01(4)
(4) "Marriage and family therapist section" means the marriage and family therapist section of the examining board.
457.01(5)
(5) "Marriage and family therapy" means applying psychotherapeutic and marital or family systems theories and techniques in the assessment, marital or family diagnosis, prevention, treatment or resolution of a cognitive, affective, behavioral, nervous or mental disorder of an individual, couple or family.
457.01(6)
(6) "Professional counseling" means applying a combination of human development, rehabilitation and either psychosocial or psychotherapeutic principles, procedures or services that integrate a wellness, pathology and multicultural model of human behavior in order to assist an individual, couple, family, group of individuals, organization, institution or community to achieve mental, emotional, physical, social, moral, educational, spiritual, vocational or career development and adjustment through the life span of the individual, couple, family, group of individuals, organization, institution or community.
457.01(7)
(7) "Professional counselor" means an individual who practices professional counseling.
457.01(8)
(8) "Professional counselor section" means the professional counselor section of the examining board.
457.01(9)
(9) "Social work" means applying psychosocial, psychotherapeutic or counseling principles, methods or procedures in the assessment, evaluation, psychosocial or psychotherapeutic diagnosis, prevention, treatment or resolution of a social, psychological, personal, emotional or mental disorder of an individual, couple, family, group of individuals or community, including the enhancement or restoration of, or the creation of societal conditions favorable to the enhancement or restoration of, the capacity of an individual, couple, family, group of individuals or community for social functioning or the delivery of services to a group of individuals or a community to assist the group or community in providing or improving the provision of social or health services to others.
457.01(10)
(10) "Social worker" means an individual who practices social work.
457.01(11)
(11) "Social worker section" means the social worker section of the examining board.
457.01 History
History: 1991 a. 160.
457.02
457.02
Applicability. This chapter does not do any of the following:
457.02(1)
(1) Require any individual to be certified under this chapter in order to use the title "pastoral counselor", "investment counselor", "vocational counselor", "career counselor", "alcohol and drug counselor" or "chemical dependency counselor".
457.02(2)
(2) Require any individual who is licensed as a school social worker or school counselor by the department of education to be certified as a social worker or professional counselor under this chapter in order to use the title "school social worker" or "school counselor".
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified as a social worker or professional counselor under this chapter in order to use the title "school social worker" or "school counselor".
457.02(3)
(3) Require a person who is licensed as a psychologist under
ch. 455 or who is a psychiatrist, as defined in
s. 146.34 (1) (h), to be certified as a marriage and family therapist or professional counselor under this chapter in order to use the title "marriage and family therapist", "marriage and family counselor" or "professional counselor" if the psychologist or psychiatrist does not use the term "licensed", "certified" or "registered" or any similar term in connection with the title "marriage and family therapist", "marriage and family counselor" or "professional counselor".
457.02(4)
(4) Authorize any individual who is certified as a social worker or professional counselor under this chapter to use the title "school social worker" or "school counselor" unless the individual is licensed as a school social worker or school counselor by the department of education.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) Authorize any individual who is certified as a social worker or professional counselor under this chapter to use the title "school social worker" or "school counselor" unless the individual is licensed as a school social worker or school counselor by the department of public instruction.
457.02(5)
(5) Authorize any individual who is certified under this chapter to use the title "alcohol and drug counselor" or "chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department of health and family services.
457.03
457.03
Duties and powers of examining board and sections. The examining board shall do all of the following:
457.03(1)
(1) Upon the advice of the social worker section, marriage and family therapist section and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification under this chapter and for supervised clinical training that must be completed for certification as an independent clinical social worker, marriage and family therapist or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
457.03(2)
(2) Upon the advice of the social worker section, marriage and family therapist section and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders. The rules shall specify the services included within the practice of social work that an individual who is certified under this chapter as a social worker, advanced practice social worker, independent social worker or independent clinical social worker is qualified to perform and the degree of supervision, if any, required to perform those services. The rules may not permit a certificate holder to engage in psychotherapy unless the individual is certified under this chapter as an advanced practice social worker, independent social worker, independent clinical social worker, marriage and family therapist or professional counselor and has engaged in the equivalent of at least 2 years of full-time supervised social work, marriage and family therapy or professional counseling clinical practice after receiving the master's or doctorate degree required under
s. 457.08 (3) (b) or
(4) (b),
457.10 (2) or
457.12 (2).
457.03(3)
(3) Upon the advice of the social worker section, promulgate rules establishing levels of advanced social work practice, in addition to the levels of practice for which certificates are granted under
s. 457.08 (2) to
(4), and establishing appropriate educational, training, experience, examination and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.
457.03 History
History: 1991 a. 160.
457.04
457.04
Prohibited practices. Except as provided in
s. 457.02, no person may do any of the following:
457.04(1)
(1) Use the title "social worker" unless the person is certified as a social worker under this chapter.
457.04(2)
(2) Use the title "advanced practice social worker" unless the person is certified as an advanced practice social worker, independent social worker or independent clinical social worker under this chapter.
457.04(3)
(3) Use the title "independent social worker" unless the person is certified as an independent social worker or independent clinical social worker under this chapter.
457.04(4)
(4) Use the title "independent clinical social worker" or "clinical social worker" unless the person is certified as an independent clinical social worker under this chapter.
457.04(5)
(5) Use the title "marriage and family therapist", "marriage and family counselor" or any similar title unless any of the following applies:
457.04(5)(a)
(a) The person is certified as a marriage and family therapist under this chapter.
457.04(5)(b)
(b) The person is certified as an independent clinical social worker under this chapter and initially became certified as an independent clinical social worker under this chapter on or before May 31, 1995.
457.04(6)
(6) Use the title "professional counselor", "professional rehabilitation counselor", "vocational rehabilitation counselor" or "rehabilitation counselor" or any similar title unless the person is certified as a professional counselor under this chapter.
457.04 History
History: 1991 a. 160.
457.06
457.06
General requirements for certification. The social worker section, marriage and family therapist section or professional counselor section may not grant any certificate under this chapter unless the applicant does all of the following:
457.06(1)
(1) Submits an application for the certificate to the department on a form provided by the department.
457.06 History
History: 1991 a. 160.
457.08
457.08
Social worker certificate and advanced practice certificates. 457.08(1)(1)
Social worker certificate. The social worker section shall grant a social worker certificate to an individual who qualifies under
s. 457.09 (5) (d) or to any individual who does all of the following:
457.08(1)(b)
(b) Submits evidence satisfactory to the social worker section that he or she has received a bachelor's or master's degree in social work from a program accredited by, or a preaccreditation program of, the council on social work education or a doctorate degree in social work.
457.08(1)(c)
(c) Passes an examination approved by the social worker section to determine minimum competence to practice as a social worker as specified in the rules promulgated under
s. 457.03 (2).
457.08(2)
(2) Advanced practice social worker certificate. The social worker section shall grant an advanced practice social worker certificate to any individual who is certified under
sub. (1) and does all of the following:
457.08(2)(b)
(b) Submits evidence satisfactory to the social worker section that he or she has received a master's degree in social work from a program accredited by, or a preaccreditation program of, the council on social work education or a doctorate degree in social work.
457.08(2)(c)
(c) Passes an examination approved by the social worker section to determine minimum competence to practice as an advanced practice social worker as specified in the rules promulgated under
s. 457.03 (2).
457.08(3)
(3) Independent social worker certificate. The social worker section shall grant an independent social worker certificate to any individual who is certified under
sub. (1) and does all of the following:
457.08(3)(b)
(b) Submits evidence satisfactory to the social worker section that he or she has received a master's degree in social work from a program accredited by, or a preaccreditation program of, the council on social work education or a doctorate degree in social work.
457.08(3)(c)
(c) Submits evidence satisfactory to the social worker section that after receiving a master's or doctorate degree in social work he or she has engaged in the equivalent of at least 2 years of full-time supervised social work practice approved by the social worker section.
457.08(3)(d)
(d) Passes an examination approved by the social worker section to determine minimum competence to practice as an independent social worker as specified in the rules promulgated under
s. 457.03 (2) or passes the academy of certified social workers examination administered by the national association of social workers.
457.08(4)
(4) Independent clinical social worker certificate. The social worker section shall grant an independent clinical social worker certificate to any individual who is certified under
sub. (1) and does all of the following:
457.08(4)(b)
(b) Submits evidence satisfactory to the social worker section that he or she has received a master's degree in social work from a program accredited by, or a preaccreditation program of, the council on social work education or a doctorate degree in social work and, as part of the master's or doctorate degree program, had a clinical social work concentration and completed supervised clinical field training.
457.08(4)(c)
(c) Submits evidence satisfactory to the social worker section that after receiving a master's or doctorate degree in social work he or she has engaged in the equivalent of at least 2 years of full-time supervised clinical social work practice approved by the social worker section.
457.08(4)(d)
(d) Passes an examination approved by the social worker section to determine minimum competence to practice as an independent clinical social worker as specified in the rules promulgated under
s. 457.03 (2) or passes an advanced clinical social work examination approved by the social worker section.
457.08 History
History: 1991 a. 160;
1995 a. 27.
457.09
457.09
Social worker training certificate. 457.09(1)
(1) The social worker section shall grant a social worker training certificate to any individual who does all of the following:
457.09(1)(a)
(a) Submits an application for the certificate to the department on a form provided by the department.
457.09(1)(c)
(c) Submits evidence satisfactory to the social worker section that he or she has a bachelor's degree from an accredited college or university in psychology, sociology, criminal justice or another human service program approved by the section.
457.09(1)(d)
(d) Submits a statement to the social worker section that he or she is seeking to attain social worker degree equivalency under
sub. (4) while he or she holds a social worker training certificate.
457.09(2)(a)(a) A social worker training certificate authorizes the holder to use the title specified in
s. 457.04 (1) during the period in which the certificate is valid.
457.09(2)(b)
(b) A social worker training certificate holder is a social worker certified under this chapter for purposes of any law governing social workers certified under this chapter.
457.09(3)(a)(a) Except as provided in
par. (b), a social worker training certificate is valid for 24 months.
457.09(3)(b)
(b) A social worker training certificate shall expire on the date on which the certificate holder receives the results of the examination that he or she has taken under
sub. (5) (a) if that date occurs before the end of the period specified in
par. (a).
457.09(3)(c)
(c) A social worker training certificate may not be renewed.
457.09(4)
(4) During the period in which a social worker training certificate is valid, the certificate holder shall do all of the following:
457.09(4)(a)
(a) Seek to attain social worker degree equivalency by completing courses relating to all of the following in a social work program or other human services program at an accredited college or university:
457.09(4)(a)2.
2. Social work practice methods with individuals, families, small groups, communities, organizations and social institutions.
457.09(4)(a)3.
3. Human behavior in the social environment, including human growth and development and social systems theory.
457.09(4)(b)1.
1. A human services internship that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.
457.09(4)(b)2.
2. One year of social work employment that involves direct practice with clients and that is supervised by a social worker certified under this chapter who has a bachelor's or master's degree in social work.
