Wis. Admin. Code Psychology Examining Board Psy 5.01 - Professional conduct
The practice of psychology is complex and varied and, therefore, allows for a broad range of professional conduct. The following acts constitute unprofessional conduct by applicants for licensure and licensees of the board and are prohibited. Complaints regarding these acts shall be investigated and may lead to disciplinary proceedings.
(1) Engaging in false, fraudulent, misleading
or deceptive advertising, or maintaining a professional relationship with one
engaging in such advertising.
(2)
Gross negligence in the practice of psychology or private practice of school
psychology.
(2m) Engaging in
conduct that falls below the standard of minimal competence within the practice
of psychology or school psychology.
(3) Misrepresentation of professional
competency by offering to perform services that are unwarranted on the basis of
education, training, or experience.
(4) Performance of professional services
inconsistent with training, education, or experience.
(5) Conviction of a crime or violation of any
law the circumstances of which substantially relate to the circumstances of the
practice of psychology or private practice of school psychology.
(6) Undertaking or continuing professional
services after having been adjudged incompetent by a court of law.
(7) Reporting distorted, erroneous, or
misleading psychological information.
(8) Engaging in false, fraudulent,
exploitative, misleading, or deceptive billing practices.
(9) Allowing professional judgment to be
controlled by another.
(10) Aiding
or furthering discrimination on the basis of race, color, sex, creed, national
origin, ancestry, handicap or sexual orientation by means of service given to a
client.
(11) Practicing or
attempting to practice while the licensee has a physical or mental impairment,
including impairment related to alcohol or other drugs, which is reasonably
related to the licensee's ability to adequately undertake the practice of
psychology in a manner consistent with the safety of client or
public.
(12) Revealing facts, data,
information, records or communication received from a client in a professional
capacity except in the following circumstances:
(a) With the informed consent of the client
or the client's authorized representative.
(b) With prior notification to the client at
the time the information was elicited of the use and distribution of the
information.
(c) If necessary to
prevent injury to the client or another person.
(d) Pursuant to the lawful order of a court
of law.
(e) Use of case history
material for teaching or research purpose, or in textbooks or other literature,
provided that proper precautions are taken to conceal the identity of the
client.
(f) Where otherwise
permitted or required under ss.
51.30 and
146.82,
Stats.
(g) When required by federal
or state law.
(12m)
Failing to have security protocols for access to facts, data, information,
records, or communication received from a client in a professional
capacity.
(13) Failure to obtain
written, informed consent from the client or client's legal representative
prior to the use of observation or electronic taping, recording or filming
procedures.
(14) Engaging in sexual
contact, sexual conduct, kissing, or any other behavior which could reasonably
be construed as seductive, romantic, harassing, or exploitative, with any of
the following:
(a) A client.
(b) A former client within 2 years of
termination of professional services.
(c) A former client beyond 2 years of
termination of professional services, unless the licensee can demonstrate that
there has been no exploitation of the former client, and that the former client
is not vulnerable by reason of emotional or cognitive disorder to exploitive
influence by the psychologist, in light of all relevant factors, including:
1. The length of time which had passed
between the termination of professional services and the conduct.
2. The nature and duration of the
professional services.
3. The
circumstances of termination.
4.
The client's personal history.
5.
The client's mental status at the time the conduct took place.
6. The likelihood of adverse impact on the
client or others.
7. Statements or
actions made by the licensee during the course of professional services
suggesting or inviting the possibility of a post-termination sexual or romantic
relationship with the client.
(d) A person to whom the licensee is
providing teaching, supervisory or other instructional services.
(14m) Accepting as a client a
person with whom the licensee has engaged in sexual contact or sexual
conduct.
(15) Failure to provide
clients a description of what may be expected in the way of tests,
consultation, reports, fees, billing, therapeutic regimen or
schedule.
(16) Failure to provide
clients a description of possible effects of proposed treatment.
(17) Engaging in any prohibited dual
relationship or any relationship which is reasonably likely to impair the
licensee's objectivity in providing professional services.
(19) Employing or claiming to have available
secret techniques or procedures that the licensee refuses to divulge.
(20) Engaging in experimental treatment or
services without assuring objectivity through keeping adequate records and
consulting with colleagues.
(21) In
the conduct of research, failure to inform study participants of all features
of the research that might reasonably be expected to influence willingness to
participate; failure to ensure as soon as possible participants' understanding
of the reasons and justification for methodological requirements of concealment
or deception in the study; failure to protect participants from physical or
mental discomfort, harm or danger, or to notify the participant of such danger;
and failure to detect and remove any undesirable consequences to the
participants resulting from research procedures.
(22) Failure to inform the client of
financial interests which are not obvious and which might accrue to the
licensee for referral to or for any use of service, product, or
publication.
(23) Refusal upon
request to advise the board of the nature of the specialties included within
the licensee's practice.
(24)
Failure to respond honestly and in a timely manner to a request for information
by the board. Taking longer than 30 days to respond creates a rebuttable
presumption that the response is not timely.
(25) Appropriation of the identity of another
person holding a license issued by this or another board.
(26) Allowing another person to use one's
license.
(27) Using fraud or
deception in applying for a license.
(28) Violation of ch. 455, Stats., or any
rule promulgated by the board.
(29)
Failure to notify the board within 30 days of any disciplinary or adverse
action taken by any other jurisdiction against a license, certificate, permit
or registration granted for the practice of psychology or school
psychology.
(30) For licensees of
the board who are employed by a public agency and who also offer their services
privately:
(a) Failure to inform the client
that the client is entitled to the same service from the public
agency.
(b) Failure to inform the
client that the licensee is an employee of that same public agency.
(c) Failure to avoid any prohibited dual
relationship or any relationship which is reasonably likely to impair the
licensee's objectivity in providing professional services.
(31) Failure to notify clients when service
will be interrupted or terminated.
(32) Having a credential granted by another
jurisdiction to practice psychology or school psychology denied, limited,
suspended, surrendered, or revoked, or otherwise disciplined or adverse action
taken, whether or not accompanied by findings of negligence or unprofessional
conduct.
(33) Failure to maintain
adequate records relating to services provided to a client in the course of a
professional relationship. Each patient record entry shall be dated, shall
identify the treating psychologist, and shall be sufficiently legible to be
understood and to allow interventions by other professionals. Unless records
are subject to a different records retention policy by an entity with an
obligation to maintain treatment records, a licensee shall retain treatment
records for at least 7 years.
(34)
Violating any provision of an order of any board or jurisdiction that regulates
the practice of psychology or school psychology.
Notes
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