2023 Wisconsin Statutes & Annotations › Chapter 455 - Psychology. › 455.09 - Disciplinary proceedings and actions.

455.09
Disciplinary proceedings and actions.
(1)
Subject to the rules promulgated under s. 440.03 (1), the examining board may deny an application for a license, or may by order suspend for a period not exceeding one year, limit, revoke or impose probationary conditions upon a license, authority to practice interjurisdictional telepsychology, or temporary authorization to practice or reprimand a licensee or a holder of authority to practice interjurisdictional telepsychology or temporary authorization to practice if the applicant, licensee, or holder does any of the following:
(a)
Subject to ss. 111.321, 111.322 and 111.335, is a felon.
(b)
Subject to ss. 111.321, 111.322 and 111.34, engaged in the practice of psychology or the private practice of school psychology while his or her ability to practice was impaired by alcohol or other drugs.
(c)
Impersonates another person holding a license under this subchapter or allows another person to use his or her license, E.Passport, interjurisdictional practice certificate, authority to practice interjurisdictional telepsychology, or temporary authorization to practice.
(d)
Uses fraud or deception in applying for a license under this subchapter, an E.Passport, or an interjurisdictional practice certificate.
(e)
Accepts a commission, rebate or other form of fee for referring persons to other professionals.
(f)
Engages in the willful, unauthorized communication of information received in professional confidence.
(g)
Violates this subchapter or any rule of professional conduct promulgated under this subchapter.
(h)
Is grossly negligent in the practice of his or her profession.
(2)
A suspended license is subject to the requirements for renewal of the license under s. 440.08. The renewal of a suspended license does not entitle the licensee to any rights, privileges or authority conferred by the license while the license remains suspended.
(3)
A revoked license may not be renewed. An individual may, no sooner than one year after the date of revocation, apply for reinstatement of a license under this subchapter. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12.
History:  1977 c. 125, 418; 1979 c. 162 s. 38 (7); 1981 c. 79 s. 17; 1981 c. 334 s. 25 (1); 1989 a. 243; 1991 a. 39; 1995 a. 188; 1997 a. 237; 2021 a. 22, 131.
Petitioner is not entitled to present expert evidence indicating he or she previously testified truthfully when denying misconduct under sub. (1) (g). Davis v. Psychology Examining Board, 146 Wis. 2d 595, 431 N.W.2d 730 (Ct. App. 1988).
Laches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public-the right to have licensed psychologists comply with the requirements of their licenses. Stein v. WI Psychology Examining Board, 2003 WI App 147, 265 Wis. 2d 781, 668 N.W.2d 112, 02-2726.
Construing rules of professional conduct as applying to post-therapy conduct is necessary to effectuate the purpose of protecting the health, safety, or welfare of former clients. Bar-Av v. Psychology Examining Board, 2007 WI App 21, 299 Wis. 2d 387, 728 N.W.2d 722, 04-3251.