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.
