455.065(5)
(5) Promulgate rules establishing the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health services for some or all hours of continuing education credits required under subs.
(1) and
(3). The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in s.
51.01 (3n), by the department of health services.
455.065 Cross-reference
Cross-reference: See also ch.
Psy 4, Wis. adm. code.
455.07(2)(2)
The fee for renewal of a license under this chapter is determined by the department under s.
440.03 (9) (a).
455.08
455.08
Rules and code of ethics. The examining board shall adopt such rules as are necessary under this chapter and shall, by rule, establish a reasonable code of ethics governing the professional conduct of psychologists, using as its model the “Ethical Standards of Psychologists", established by the American Psychological Association. The primary intent of this code shall be to assure that licensed psychologists limit their practices to those specialties in the field of psychology which they are qualified to practice. Every person who holds a license to practice psychology in this state shall be governed and controlled by such code of ethics. A written statement of the code shall be made available to all applicants for licensing, as well as all licensed psychologists, when amendments are made to those standards. Nothing in this chapter shall be construed to authorize the psychologist to engage in the practice of medicine.
455.08 Cross-reference
Cross-reference: See also Psy and ch.
Psy 5, Wis. adm. code.
455.08 Annotation
Construing rules of professional conduct adopted under s. 455.08 as applying to post-therapy conduct is necessary to effectuate the purpose of protecting the health, safety, or welfare of former clients. Bar-Av v. Psychology Examining Board,
2007 WI App 21,
299 Wis. 2d 387,
728 N.W.2d 722,
04-3251.
455.09
455.09
Denial, limitation, suspension, revocation and reprimand. 455.09(1)(1)
Subject to the rules promulgated under s.
440.03 (1), the examining board may deny an application for a license, or may by order suspend for a period not exceeding one year, limit, revoke or impose probationary conditions upon a license or reprimand a licensee if the applicant or licensee:
455.09(1)(b)
(b) Subject to ss.
111.321,
111.322 and
111.34, engaged in the practice of psychology or the private practice of school psychology while his or her ability to practice was impaired by alcohol or other drugs.
455.09(1)(c)
(c) Impersonates another person holding a license under this chapter or allows another person to use his or her license.
455.09(1)(d)
(d) Uses fraud or deception in applying for a license under this chapter.
455.09(1)(e)
(e) Accepts a commission, rebate or other form of fee for referring persons to other professionals.
455.09(1)(f)
(f) Engages in the willful, unauthorized communication of information received in professional confidence.
455.09(1)(g)
(g) Violates this chapter or any rule of professional conduct promulgated under this chapter.
455.09(1)(h)
(h) Is grossly negligent in the practice of his or her profession.
455.09(2)
(2) A suspended license is subject to the requirements for renewal of the license under s.
440.08. The renewal of a suspended license does not entitle the licensee to any rights, privileges or authority conferred by the license while the license remains suspended.
455.09(3)
(3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s.
440.12.
455.09 Cross-reference
Cross-reference: See also ch.
Psy 5, Wis. adm. code.
455.09 Annotation
Petitioner is not entitled to present expert evidence indicating he or she previously testified truthfully when denying misconduct under sub. (1) (g). Davis v. Psychology Examining Board,
146 Wis. 2d 595,
431 N.W.2d 730 (Ct. App. 1988).
455.09 Annotation
Laches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public-the right to have licensed psychologists comply with the requirements of their licenses. Stein v. WI Psychology Examining Board,
2003 WI App 147,
265 Wis. 2d 781,
668 N.W.2d 112,
02-2726.
455.09 Annotation
Construing rules of professional conduct adopted under s. 455.08 as applying to post-therapy conduct is necessary to effectuate the purpose of protecting the health, safety, or welfare of former clients. Bar-Av v. Psychology Examining Board,
2007 WI App 21,
299 Wis. 2d 387,
728 N.W.2d 722,
04-3251.
455.10
455.10
Injunctive relief. Violation of s.
455.02 may be enjoined in an action brought by the attorney general on petition by the examining board. In any such proceeding, it shall not be necessary to show that any person is individually injured by the actions complained of. If the respondent is found guilty of the violation, the court shall enjoin the respondent from further violations thereof until he or she has been duly licensed. The remedy given by this section is in addition to criminal prosecution under s.
455.11.
455.10 History
History: 1979 c. 162;
1995 a. 188.
455.11
455.11
Penalty. Any person who violates this chapter may be fined not more than $200 or imprisoned not exceeding 6 months or both.
