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.
