Chapter 457

457.14   Temporary certificates and licenses.

457.15   Reciprocal certificates and licenses.

457.16   Examinations.

457.18   Practice under counseling compact.

457.20   Issuance of certificate; expiration and renewal.

457.22   Continuing education.

457.24   Professional liability insurance.

457.25   Reporting requirements.

457.26   Disciplinary proceedings and actions.

457.28   Injunctive relief.

SUBCHAPTER II

COUNSELING COMPACT

457.50   Counseling compact.

457.51   Implementation of the counseling compact.

Ch. 457 Cross-reference Cross-reference: See definitions in s. 440.01.

Ch. 457 Cross-reference Cross-reference: See also MPSW, Wis. adm. code.

subch. I of ch. 457 SUBCHAPTER I

REGULATION OF MARRIAGE AND
FAMILY THERAPY, PROFESSIONAL
COUNSELING, AND SOCIAL WORK

457.01 457.01 Definitions. In this subchapter:

457.01(1c) (1c) “Advanced practice social worker” means an individual who holds an advanced practice social worker certificate granted by the social worker section.

457.01(1g) (1g) “Certificate holder” means an individual who is certified under this subchapter.

457.01(1n) (1n) “Clinical social work” means providing services without supervision for the diagnosis, treatment, and prevention of mental and emotional disorders in individuals, families, and groups, to restore, maintain, and enhance social functioning through treatment interventions that include psychosocial evaluation, counseling of individuals, families, or groups, referral to community resources, advocacy, facilitation of organizational change to meet social needs, and individual, marital, or group psychotherapy.

457.01(1r) (1r) “Clinical social worker” means an individual who holds a license to practice clinical social work granted by the social worker section.

457.01(1t) (1t) “Counseling compact” means the counseling compact under s. 457.50.

457.01(1w) (1w) “Credential” means a license, certificate, or privilege to practice granted under this subchapter.

457.01(2) (2) “Examining board” means the marriage and family therapy, professional counseling, and social work examining board.

457.01(2g) (2g) “Independent social worker” means an individual who holds an independent social worker certificate granted by the social worker section.

457.01(2r) (2r) “Licensee” means a person who is licensed under this subchapter.

457.01(3) (3) “Marriage and family therapist” means an individual who holds a license to practice marriage and family therapy granted by the marriage and family therapist section.

457.01(4) (4) “Marriage and family therapist section” means the marriage and family therapist section of the examining board.

457.01(5) (5) “Marriage and family therapy” means applying psychotherapeutic and marital or family systems theories and techniques in the assessment, marital or family diagnosis, prevention, treatment or resolution of a cognitive, affective, behavioral, nervous or mental disorder of an individual, couple or family.

457.01(5m) (5m) “Privilege to practice” has the meaning given in s. 457.50 (2) (s).

457.01(6) (6) “Professional counseling” means applying a combination of human development, rehabilitation and either psychosocial or psychotherapeutic principles, procedures or services that integrate a wellness, pathology and multicultural model of human behavior in order to assist an individual, couple, family, group of individuals, organization, institution or community to achieve mental, emotional, physical, social, moral, educational, spiritual, vocational or career development and adjustment through the life span of the individual, couple, family, group of individuals, organization, institution or community.

457.01(7) (7) “Professional counselor” means an individual who holds a license to practice professional counseling granted by the professional counselor section or who holds a valid professional counselor privilege to practice in this state.

457.01(8) (8) “Professional counselor section” means the professional counselor section of the examining board.

457.01(8e) (8e) “Psychiatrist” means a physician licensed under subch. II of ch. 448 who specializes in psychiatry.

457.01(8m) (8m) “Psychotherapy” means the diagnosis and treatment of mental, emotional, or behavioral disorders, conditions, or addictions through the application of methods derived from established psychological or systemic principles for the purpose of assisting people in modifying their behaviors, cognitions, emotions, and other personal characteristics, which may include the purpose of understanding unconscious processes or intrapersonal, interpersonal, or psychosocial dynamics.

457.01(9) (9) “Social work” means applying psychosocial or counseling principles, methods, or procedures in the assessment, evaluation, or psychosocial diagnosis, prevention, treatment, or resolution of a difficulty in the social, psychological, personal, emotional, or mental functioning of an individual, couple, family, group of individuals, or community, including the enhancement or restoration of, or the creation of societal conditions favorable to the enhancement or restoration of, the capacity of an individual, couple, family, group of individuals, or community for social functioning or the delivery of services to a group of individuals or a community to assist the group or community in providing or improving the provision of social or health services to others.

457.01(10) (10) “Social worker” means an individual who holds a social worker certificate granted by the social worker section.

457.01(11) (11) “Social worker section” means the social worker section of the examining board.

457.01 History History: 1991 a. 160; 2001 a. 80; 2023 a. 55.

457.02 457.02 Applicability. This subchapter does not do any of the following:

457.02(1) (1) Require any individual to be certified or licensed under this subchapter in order to use the title “pastoral counselor,” “investment counselor,” “vocational counselor,” “career counselor,” “alcohol and drug counselor,” “chemical dependency counselor,” or “employee assistance counselor,” or to engage in such counseling, if the individual does not use any other title or designation that represents or may tend to represent that he or she is certified or licensed under this subchapter, and does not represent himself or herself as an individual who engages in social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling.

457.02(2) (2) Require any individual who is licensed as a school social worker or school counselor by the department of public instruction to be certified or licensed under this subchapter in order to use the title “school social worker” or “school counselor.”

457.02(3) (3) Require a person who is a psychologist or a psychiatrist to be licensed under this subchapter in order to use the title “marriage and family therapist,” “marriage and family counselor,” or “professional counselor” if the psychologist or psychiatrist does not use the term “licensed,” “certified,” or “registered” or any similar term in connection with the title “marriage and family therapist,” “marriage and family counselor,” or “professional counselor.”

457.02(4) (4) Authorize any individual who is certified or licensed under this subchapter to use the title “school social worker” or “school counselor” unless the individual is licensed as a school social worker or school counselor by the department of public instruction.

457.02(5) (5) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) to use the title “alcohol and drug counselor” or “chemical dependency counselor” unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department.

457.02(5m) (5m) Authorize any individual who is certified under s. 457.08 (1), 457.09 (1), or 457.14 (1) (a) to (c) to treat substance use disorder as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.

457.02(6) (6) Require a credential for a person to do any of the following:

457.02(6)(a) (a) Lawfully practice within the scope of a license, permit, registration, or certificate granted by this state or the federal government, or granted through a process recognized by the department of health services, including practicing psychotherapy under such a license, permit, registration, or certificate.

457.02(6)(b) (b) Practice psychotherapy, if the person satisfies one of the following:

457.02(6)(b)1. 1. The person is registered as a music, art, or dance therapist under s. 440.03 (14) (a) and the person holds a valid license granted by the department under s. 440.03 (14) (am).

457.02(6)(b)2. 2. The person is a mental health professional who meets all of the qualifications under s. DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. DHS 61.95, Wis. Adm. Code, if the person’s practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.

457.02(6)(c) (c) Provide a consultation or demonstration with an individual licensed under this subchapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work in another state or territory of the United States.

457.02 History History: 1991 a. 160; 1995 a. 27 ss. 9126 (19), 9145 (1); 1997 a. 27; 2001 a. 80, 105; 2005 a. 25, 254, 407; 2007 a. 20 s. 9121 (6) (a); 2009 a. 180; 2017 a. 262, 331; 2021 a. 131, 222, 238; 2023 a. 55.

457.03 457.03 Duties and powers of examining board and sections. The examining board shall do all of the following:

457.03(1) (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this subchapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this subchapter and approve educational programs and supervised clinical training programs in accordance with those standards.

457.03(1m) (1m) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, and consistent with s. 457.16, promulgate rules establishing examination requirements for certification and licensure under this subchapter.

457.03(2) (2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and licensees. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this subchapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.

457.03(3) (3) Upon the advice of the social worker section, promulgate rules establishing levels of social work practice for individuals with master’s or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under s. 457.08 (2) and (3), and establishing appropriate educational, training, experience, examination, and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.

457.03 History History: 1991 a. 160; 2001 a. 80; 2005 a. 422; 2017 a. 357; 2023 a. 55.

457.03 Cross-reference Cross-reference: See also chs. MPSW 1, 3, 6, and 20, Wis. adm. code.

457.033 457.033 Psychometric testing. The marriage and family therapy, professional counseling, and social work examining board and the psychology examining board shall jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this subchapter, or an individual who holds a valid professional counselor privilege to practice in this state, is qualified to perform. Such rules shall be consistent with the guidelines of the American Psychological Association, or other nationally recognized guidelines, for performing psychometric testing. A certificate holder, licensee, or holder of a professional counselor privilege to practice may not engage in psychometric testing except as provided under the rules promulgated under this section.

457.033 History History: 2001 a. 80; 2023 a. 55.

457.035 457.035 Psychotherapy rules. The examining board may not promulgate rules under s. 457.03 that permit an individual to engage in psychotherapy unless one of the following applies:

457.035(1) (1) The individual is licensed under this subchapter as a clinical social worker, marriage and family therapist, or professional counselor or holds a valid professional counselor privilege to practice in this state.

457.035(2) (2) The individual is certified as an advanced practice or independent social worker and the individual engages in psychotherapy only under the supervision of an individual specified in s. 457.08 (4) (c) 1., 2., 3., or 4.

457.035 History History: 2001 a. 80; 2023 a. 55.

457.04 457.04 Prohibited practices. Except as provided in ss. 257.03 and 457.02, no person may do any of the following:

457.04(1) (1) Use the title “social worker” unless the person is certified as a social worker under this subchapter.

457.04(2) (2) Use the title “advanced practice social worker” unless the person is certified as an advanced practice social worker under this subchapter.

457.04(3) (3) Use the title “independent social worker” unless the person is certified as an independent social worker under this subchapter.

457.04(4) (4) Practice clinical social work or designate himself or herself as a clinical social worker or use or assume the title “clinical social worker” or any other title or designation that represents or may tend to represent the person as a clinical social worker unless the person is licensed as a clinical social worker under this subchapter or unless the person is certified under this subchapter as an advanced practice social worker or independent social worker and the person practices clinical social work under the supervision of a person who is licensed as a clinical social worker under this subchapter.

457.04(5) (5) Practice marriage and family therapy or designate himself or herself as a marriage and family therapist or use or assume the title “marriage and family therapist,” “marriage and family counselor,” or any other title or designation that represents or may tend to represent the person as a marriage and family therapist unless any of the following applies:

457.04(5)(a) (a) The person is licensed as a marriage and family therapist under this subchapter.

457.04(5)(b) (b) The person is licensed as a clinical social worker under this subchapter and initially became certified as an independent clinical social worker under ch. 457, 1999 stats., on or before May 31, 1995.

457.04(6) (6) Practice professional counseling or designate himself or herself as a professional counselor or use or assume the title “professional counselor,” “professional rehabilitation counselor,” “vocational rehabilitation counselor,” “rehabilitation counselor,” or any other title or designation that represents or may tend to represent the person as a professional counselor unless the person is licensed as a professional counselor under this subchapter or holds a valid professional counselor privilege to practice in this state.

457.04(7) (7) Practice psychotherapy unless the person is licensed under this subchapter, holds a valid professional counselor privilege to practice in this state, or is a certificate holder who may practice psychotherapy under the rules promulgated under ss. 457.03 and 457.035.

457.04(8) (8) Practice clinical social work, marriage and family therapy, or professional counseling without notifying his or her client in writing of the procedure to follow to resolve a grievance. The notice required under this subsection shall provide one of the following options for resolving a grievance to the client:

457.04(8)(a) (a) A grievance resolution procedure that contains all of the following elements:

457.04(8)(a)1. 1. The name, address, and telephone number of, and any other contact information available for, the appropriate section of the examining board that is responsible for receiving a complaint and investigating and conducting a hearing under s. 457.26 (1).

457.04(8)(a)2. 2. The name, address, and telephone number of, and any other contact information available for, a person not involved in the services, therapy, or counseling giving rise to the complaint who would be available to receive and investigate a complaint.

457.04(8)(a)3. 3. The manner by which a client may present a complaint to a person identified in subd. 1. or 2.

457.04(8)(a)4. 4. The manner by which a client may appeal the resolution of a complaint presented in subd. 3.

457.04(8)(a)5. 5. Time limits for filing, processing, and appealing the resolution of a complaint presented under subd. 3.

457.04(8)(a)6. 6. Protections against retaliation for a client who presents a complaint under subd. 3. and for any person who assists the client to present a complaint under subd. 3.

457.04(8)(b) (b) A grievance resolution procedure that complies with the rules promulgated under s. 51.61 (5) (b).

457.04(8)(c) (c) A grievance resolution procedure that is available to the credential holder through a professional association of which the credential holder is a member.