457.22(2)
(2) The rules promulgated under
sub. (1) 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;
2001 a. 80.
457.22 Cross-reference
Cross Reference: See also ch.
MPSW 8, Wis. adm. code.
457.24
457.24
Professional liability insurance. 457.24(1)
(1) Except as provided in
sub. (2), a person licensed as a clinical social worker, marriage and family therapist, or professional counselor under this chapter may not practice clinical social work, marriage and family therapy, or professional counseling unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this subsection.
457.24(2)
(2) Subsection (1) does not apply to a person practicing clinical social work, marriage and family therapy, or professional counseling as an employee of a federal, state, or local governmental agency, if the practice is part of the duties for which he or she is employed and is solely within the confines of or under the jurisdiction of the agency by which he or she is employed.
457.24 History
History: 2001 a. 80.
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 credential holder, that terminates, suspends, or restricts the employment or contract of the credential holder as a result of adverse or disciplinary action against the credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical 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 credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the credential 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 credential holder, or takes any other adverse or disciplinary action against a credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical 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 credential holder terminates his or her membership before the action is taken, within 30 days after the date on which the credential 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 credential holder and who pays a claim for damages arising out of the rendering of services by the credential holder or obtains any information that tends to substantiate a charge that the credential 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 credential holder or makes a judgment or other determination that a credential holder is mentally ill or mentally incompetent or that a credential 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 credential holder, in writing, of the substance of the report. The credential holder and his or her authorized representative may examine the report and may place into the record a statement, of reasonable length, of the credential holder's view of the correctness or relevance of any information in the report. The credential holder may institute an action in circuit court to amend or expunge any part of his or her 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 credential holder has sufficiently improved his or her conduct, that section of the examining board shall remove the report from his or her record. If no report about a credential holder is filed under
sub. (1),
(2),
(3), or
(4) for 2 consecutive years, the credential 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;
2001 a. 80.
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 credential holder or deny, limit, suspend, or revoke a credential under this chapter if it finds that the applicant credential holder has done any of the following:
457.26(2)(a)
(a) Made a material misstatement in an application for a credential or for renewal of a credential.
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, advanced practice social work, independent social work, clinical 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, advanced practice social work, independent social work, clinical 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, advanced practice social work, or independent social work services in violation of the rules promulgated under
s. 457.03 (2) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical 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.
457.28
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.
