457.25 Reporting requirements.
457.26 Disciplinary proceedings and actions.
457.28 Injunctive relief.
Ch. 457 Cross-reference
Cross-reference: See definitions in s.
440.01.
Ch. 457 Cross-reference
Cross Reference: See also
MPSW, Wis. adm. code.
457.01
457.01
Definitions. In this chapter:
457.01(1c)
(1c) "Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the social worker section.
457.01(1g)
(1g) "Certificate holder" means an individual who is certified under this chapter.
457.01(1n)
(1n) "Clinical social work" means providing services without supervision for the diagnosis, treatment, and prevention of mental and emotional disorders in individuals, families, and groups, to restore, maintain, and enhance social functioning through treatment interventions that include psychosocial evaluation, counseling of individuals, families, or groups, referral to community resources, advocacy, facilitation of organizational change to meet social needs, and individual, marital, or group psychotherapy.
457.01(1r)
(1r) "Clinical social worker" means an individual who holds a license to practice clinical social work granted by the social worker section.
457.01(1w)
(1w) "Credential" means a license or certificate granted under this chapter.
457.01(2)
(2) "Examining board" means the marriage and family therapy, professional counseling, and social work examining board.
457.01(2g)
(2g) "Independent social worker" means an individual who holds an independent social worker certificate granted by the social worker section.
457.01(2r)
(2r) "Licensee" means a person who is licensed under this chapter.
457.01(3)
(3) "Marriage and family therapist" means an individual who holds a license to practice marriage and family therapy granted by the marriage and family therapist section.
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 holds a license to practice professional counseling granted by the professional counselor section.
457.01(8)
(8) "Professional counselor section" means the professional counselor section of the examining board.
457.01(8e)
(8e) "Psychiatrist" means a physician licensed under
subch. II of ch. 448 who specializes in psychiatry.
457.01(8m)
(8m) "Psychotherapy" means the diagnosis and treatment of mental, emotional, or behavioral disorders, conditions, or addictions through the application of methods derived from established psychological or systemic principles for the purpose of assisting people in modifying their behaviors, cognitions, emotions, and other personal characteristics, which may include the purpose of understanding unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.
457.01(9)
(9) "Social work" means applying psychosocial or counseling principles, methods, or procedures in the assessment, evaluation, or psychosocial diagnosis, prevention, treatment, or resolution of a difficulty in the social, psychological, personal, emotional, or mental functioning 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 holds a social worker certificate granted by the social worker section.
457.01(11)
(11) "Social worker section" means the social worker section of the examining board.
457.01 History
History: 1991 a. 160;
2001 a. 80.
457.02
457.02
Applicability. This chapter does not do any of the following:
457.02(1)
(1) Require any individual to be certified or licensed under this chapter in order to use the title "pastoral counselor," "investment counselor," "vocational counselor," "career counselor," "alcohol and drug counselor," "chemical dependency counselor," or "employee assistance counselor," or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this chapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.
457.02(2)
(2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed 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 to be licensed 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 or licensed 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 or licensed 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.
457.02(5m)
(5m) Authorize any individual who is certified or licensed under this chapter to treat alcohol or substance dependency or abuse as a specialty unless the individual is a substance abuse counselor, as defined in
s. HFS 75.02 (84), Wis. Adm. Code, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a substance abuse counselor under
s. HFS 75.02 (84), Wis. Adm. Code.
457.02(6)
(6) Require a credential for a person to do any of the following:
457.02(6)(a)
(a) Lawfully practice within the scope of a license, permit, registration, or certificate granted by this state or the federal government, or granted through a process recognized by the department of health and family services, including practicing psychotherapy under such a license, permit, registration, or certificate.
457.02(6)(b)
(b) Practice psychotherapy, if the person satisfies one of the following:
457.02(6)(b)2.
2. The person is a mental health professional who meets all of the qualifications under
s. HFS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health and family services under
s. HFS 61.95, Wis. Adm. Code, if the person's practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.
457.02(6)(c)
(c) Provide a consultation or demonstration with an individual licensed under this chapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work in another state or territory of the United States.
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 or licensure under this chapter and for supervised clinical training that must be completed for licensure as a 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, advanced practice social work, or independent social work that an individual who is certified under this chapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.
457.03(3)
(3) Upon the advice of the social worker section, promulgate rules establishing levels of social work practice for individuals with master's or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under
s. 457.08 (2) and
(3), 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;
2001 a. 80.
457.03 Cross-reference
Cross Reference: See also chs.
MPSW 1,
3,
6,
13, and
20, Wis. adm. code.
457.033
457.033
Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board and the psychology examining board shall jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter is qualified to perform. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder or licensee may not engage in psychometric testing except as provided under the rules promulgated under this section.
457.033 History
History: 2001 a. 80.
457.035
457.035
Psychotherapy rules. The examining board may not promulgate rules under
s. 457.03 that permit an individual to engage in psychotherapy unless one of the following applies:
457.035(1)
(1) The individual is licensed under this chapter as a clinical social worker, marriage and family therapist, or professional counselor.
457.035(2)
(2) The individual is certified as an advanced practice or independent social worker and the individual engages in psychotherapy only under the supervision of an individual specified in
s. 457.08 (4) (c) 1.,
2.,
3., or
4.
457.035 History
History: 2001 a. 80.
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 under this chapter.
457.04(3)
(3) Use the title "independent social worker" unless the person is certified as an independent social worker under this chapter.
457.04(4)
(4) Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title "clinical social worker" or any other title or designation that represents or may tend to represent the person as a clinical social worker unless the person is licensed as a clinical social worker under this chapter or unless the person is certified under this chapter as an advanced practice social worker or independent social worker and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this chapter.
457.04(5)
(5) Practice marriage and family therapy or designate himself or herself as a marriage and family therapist or use or assume the title "marriage and family therapist," "marriage and family counselor," or any other title or designation that represents or may tend to represent the person as a marriage and family therapist unless any of the following applies:
457.04(5)(a)
(a) The person is licensed as a marriage and family therapist under this chapter.
457.04(5)(b)
(b) The person is licensed as a clinical social worker under this chapter and initially became certified as an independent clinical social worker under ch.
457, 1999 stats., on or before May 31, 1995.
457.04(6)
(6) Practice professional counseling or designate himself or herself as a professional counselor or use or assume the title "professional counselor," "professional rehabilitation counselor," "vocational rehabilitation counselor," "rehabilitation counselor," or any other title or designation that represents or may tend to represent the person as a professional counselor unless the person is licensed as a professional counselor under this chapter.
457.04(7)
(7) Practice psychotherapy unless the person is licensed under this chapter or unless the person is a certificate holder who may practice psychotherapy under the rules promulgated under
ss. 457.03 and
457.035.
457.04 History
History: 1991 a. 160;
2001 a. 80.
457.04 Cross-reference
Cross Reference: See also ch.
MPSW 20, Wis. adm. code.
457.06
457.06
General requirements for certification or licensure. The social worker section, marriage and family therapist section, or professional counselor section may not grant any certificate or license under this chapter unless the applicant does all of the following:
457.06(1)
(1) Submits an application for the certificate or license to the department on a form provided by the department.
457.06 History
History: 1991 a. 160;
2001 a. 80.
457.08
457.08
Social worker certificates and licenses. 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) Clinical social worker license. The social worker section shall grant a clinical social worker license 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 satisfies each of the following:
457.08(4)(b)1.
1. The individual 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(4)(b)2.
2. As part of the master's or doctorate degree program specified in
subd. 1. or postgraduate studies, the individual has completed a clinical social work concentration and supervised clinical field training, both of which are approved by the social worker section, except that, upon the advice of the social worker section, the examining board may promulgate rules that allow an individual to substitute a specified number of hours of supervised clinical work experience for the 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 3,000 hours of clinical social work practice, including at least 1,000 hours of face-to-face client contact, supervised by one of the following:
