The following are answers to some frequently asked questions received by the Department of Regulation and Licensing. These questions and answers are general in nature and are provided as a public service. Licensees and applicants with specific questions should refer to the Wisconsin statutes and administrative code provisions which govern their profession. In any instance in which an answer may differ from the provisions of the statutes and administrative code provisions, the latter will govern.
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 the 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 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, MFT's, 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 the 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 Service 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.
