Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 1-299 - Professional Services › SPS 1-29 - Procedures, Miscellaneous › Chapter SPS 7 - Professional Assistance Procedure › Section SPS 7.03 - Referral to and eligibility for the procedure

Current through June 24, 2024
(1) A credential
				  holder who contacts the department and requests to participate in the procedure
				  shall be referred to the board liaison and the coordinator for determination of
				  acceptance into the procedure.
(2)
				  A credential holder who has been referred to the procedure and considered for
				  eligibility shall be provided with an application for participation.
(3) All informal complaints involving
				  allegations of impairment due to alcohol or chemical dependency shall be
				  screened and investigated pursuant to s.
				  SPS
				  2.035. After investigation, informal complaints
				  involving impairment may be referred to the procedure along with a summary of
				  the investigative results in the form of a draft statement of conduct to be
				  used as a basis for the statement of conduct under s.
				  SPS 7.05(1)
				  (a) and considered for eligibility for the
				  procedure or for formal disciplinary proceedings under ch. SPS 2. The
				  credential holder shall be provided with a written explanation of the
				  credential holder's options for resolution of the matter through participation
				  in the procedure and of the formal disciplinary process pursuant to ch. SPS
				  2.
(4) Eligibility for the
				  procedure shall be determined by the board liaison and coordinator who shall
				  review all relevant materials including investigative results and the
				  credential holder's application for participation. Eligibility shall be
				  determined upon criteria developed by the coordinator in consultation with the
				  disciplinary authority. The decision on eligibility shall be consistent with
				  the purposes of these procedures as described in s.
				  SPS
				  7.01(2). Credential holders who have
				  committed violations of law may be eligible for the procedure. The board
				  liaison shall have responsibility to make the determination of eligibility for
				  the procedure.
(5) The credential
				  holder shall obtain a comprehensive assessment for chemical dependency from a
				  treatment facility or individual therapist approved under s.
				  SPS
				  7.06. The credential holder shall arrange for the
				  treatment facility or individual therapist to file a copy of its assessment
				  with the board liaison or coordinator. The board liaison and the credential
				  holder may agree to waive this requirement. The obtaining of the assessment
				  shall not delay admission into the procedure.
(6) If a credential holder is determined to
				  be ineligible for the procedure, the credential holder may be referred to the
				  division for prosecution.
(7) A
				  credential holder determined to be ineligible for the procedure by the board
				  liaison or the department may, within 10 days of notice of the determination,
				  request the credentialing authority to review the adverse
				  determination.