Q: Who
must be licensed or certified?
A: In
general, anyone who practices clinical social work, uses the title or
represents himself/ herself to the public as a social worker must be
licensed or certified. However members of the clergy, Christian
Science practitioners, and licensed professionals such as physicians,
nurses, psychologists, counselors and attorneys do not require social
work credentialing - provided they do not represent themselves to the
public by any title or description of services as being social workers.
State employees with the job classifications of family service worker
or social service worker are also exempt from licensure.
Q: What
levels of social work practice are licensed by the Department of Regulation
and Licensing? How are they different?
A: A
certified social worker [CSW] is a person who holds a BA or MA in Social
Work and is certified by the Department of Regulation and Licensing. A
certified social worker may not engage in psychotherapy.
An
advanced practice social worker [CAPSW] is a person who holds an MA
or Ph.D. in Social Work and is certified by the Department of Regulation
and Licensing. An advanced practice social worker may engage in
psychotherapy if properly supervised.
A
certified independent social worker [CISW] is a person who holds an
MA or Ph.D. in social work, who has completed two (2) years of supervised
social work practice and is certified by teh Department of Regulation
and Licensing. A certified independent social worker may engage
in psychotherapy if properly supervised.
A
licensed clinical social worker [LCSW] is a person who holds an MA or
Ph.D. in social work, with a clinical social work concentration, who
has received supervised clinical field training and completed a supervised
practice regimen that is licensed by the Department of Regulation and
Licensing. A licensed clinical social worker may engage in psychotherapy
without supervision.
Q: Does
the Board have a Code of Ethics?
A: Yes,
the rules related to Unprofessional conduct can be found in the Administrative
Code at MPSW
20.02.
Q: I
was recently married, do I have to change my professional name to my
married name?
A: No.
Q: I
am aware through a social circumstance of a child that has been abused. As
a licensed social worker, am I required to report this even though the
information was not obtained through my practice?
A: No,
information not obtained through your professional practice is not covered
by the mandatory reporting requirement. However, societal and personal
ethics may require that a professional take any steps necessary to protect
the life and safety of those not able to protect themselves.
Q: Through
my practice I have become aware of criminal activity by one of my clients. Do
the rules of confidentiality preclude reporting this to the authorities?
A: Yes,
unless you decide that disclosure is necessary to prevent injury to
the client or another person.
Q: I
am currently certified as an advance practice social worker. I
have my training certificate for licensed clinical social worker. Do
I need to have supervision to continue my normal social work or is supervision
only necessary for the LCSW functions such as psychotherapy?
A: You
may continue to engage in those activities allowed by your certificate
without supervision. Supervision is necessary only for clinical
social work.
Q: I
am a certified social worker; can I open up a private practice if supervised
by an LCSW or Ph.D.?
A: Yes. In
fact, a CSW may open up a private practice even without supervision,
as long as he or she does not engage in clinical social work.
Q: If
a client has filed an ethics complaint about a SW with DHFS, can the
same complaint be filed with the Department of Regulation and Licensing?
A: Yes.
Q: Are
social workers required to carry malpractice insurance?
A: Clinical
social workers, MFTs, and professional counselors are required to have
professional liability insurance. Exceptions exist for licensees
employed in federal, state or local governmental agencies who only work
for those agencies.
Q: Are
fees or fee disputes for psychotherapy services regulated by teh State
of Wisconsin?
A: No. Fees
or fee disputes are not regulated by the Board.
Q: Is
it permissible to accept gifts from clients?
A: This
depends on the type of gift, its monetary value, and any expectations
by the client associated with the gift. If there is any perceived
adverse risk to the client-therapist relationship, it is advisable not
to accept the gift.
Q: do
licensees have a duty to report unprofessional conduct by a licensed
therapist?
A: No.
Q: How
can I get licensed as a school social worker?
A: Information
regarding school social workers can be obtained by contacting the Department
of Public Instruction. Their web page is located at http://www.dpi.state.wi.us/.
Q: What
do I need to do if I have a name or address change?
A: Licensees
who need to change a name or address may do so online at http://drl.wi.gov/drl/drlhome/login.jsp.
Applicants
need to write or e-mail showing both the old and new information.
Q: When
the parents have joint custody, must both parents agree in order for
a social worker to see a child - or can either parent bring a child
in for therapy? If one parent brings a child in for therapy, is
the social worker required to let the other parent know?
A: When
parents have joint custody, generally the domiciliary parent can make
medical and educational decisions for the child. If the domiciliary
parent is not designated as the decision maker, both parents have the
same decision making authority. A social worker should request
a copy of any joint custody decrees or orders if he or she feels uncertain
about this issue. Ideally, both parents should be informed and
involved in a young child's therapy. There may also be situations
when one parent's refusal to give consent for treatment may prevent
a social worker from providing services to the child.
Q: I
reported a bad situation to the County authorities and nothing happened:
Why should I keep reporting?
A: Social
workers, professional counselors and marriage and family therapists
are considered mandatory reporters of child abuse or suspected child
abuse, under §48.981 Wis. Stats. Once reported, law enforcement
and the county department have obligations of their own. A specific
allegation may not meet criteria for investigation, but counties (along
with date from the state through WISACWIS) are able to place a report
in context with a complete family record and it DOES matter that each
allegation is reported. Potential reporters should be aware that
Chile Protective Sevice workers are prohibited by law from revealing
the identity of reporters. Whether the results of your referral
are visible to an outsider or not, the referral is important and helpful.
Q:
Can I get a license if I've been convicted of a crime?
A:
There is no simple answer to this question.
All
professions are subject to the state law (sections 111.321, 111.322
and 111.335, Stats.) that prohibits discrimination against applicants
based on conviction records unless convictions are substantially related
to the practice of the profession. The phrase “substantially related”
is interpreted broadly in order to protect the public, especially in
health service professions where licensees interact with vulnerable
populations, so convictions that involved harm to others or that suggest
an impaired ability to perform licensed duties will probably be considered
to be substantially related to the practice of the profession.
It
is common for a board to ask the applicant to appear in person, to explain
the circumstances of his or her conviction record and to discuss the
person's development since the offense(s). Once it evaluates all the
information submitted by the applicant, including any in-person interview,
the board then has wide discretion to grant or deny the application.
This is why it's very difficult to provide a simple answer to this question.
Being denied for a license would not prevent a person from applying
again later.
An
additional consideration is that, even though an applicant may be granted
a license, certain employment opportunities may be unavailable to persons
with criminal records. For example, under the “caregiver law”, some
convictions require post-conviction DHFS Rehabilitation Review prior
to working in a DHFS licensed facility.
Q:
What obligations are there to report unprofessional conduct by another
member of my own profession?
A:
There is no ethics rule that requires you to report unprofessional conduct
by another member of your profession. However, you should be aware of
the following:
1.
If you have reasonable cause to suspect that a child you have seen in
the course of your professional duties has been abused or neglected,
you have an obligation to report it. (See section 48.981 of the Statutes
for details.)
2.
If you have reasonable cause to suspect that a client you have seen
in the course of your professional duties is a victim of sexual contact
by a therapist, you must ask the client if s/he wants you to report
it. (See section 940.22 of the Statutes for details.)
3.
Any organization or individual that employs a social worker, marriage
and family therapist, or professional counselor must report to the examining
board any adverse or disciplinary action that terminates, suspends or
restricts the credential-holder's employment. (See section 457.25 of
the Statutes for details.)
4.
Even though you are not obligated to report unprofessional conduct by
another, you are encouraged to report it by a grant of civil immunity:
“any person who in good faith ... provides the department or any examining
board ... with advice or information on a matter relating to the regulation
of a person holding a credential is immune from civil liability”. (See
section 440.042(2) of the Statutes for details.)
Q:
As a certified Social worker, may I begin to accrue supervised clinical
experience to qualify me for clinical licensure?
A:
No. As a certified social worker, you may not engage in psychotherapeutic
(clinical) activities. Supervised clinical experience may be accrued
only by advanced practice social workers and independent social workers.
