Section 142.05. Prohibited practices.

  In the practice of music, art and dance therapy, prohibited practices include, but are not limited to, the following:

(1)  Practicing beyond the scope of practice of music, art or dance therapy as provided in this chapter.

(2)  Failing to practice music, art or dance therapy within the scope of the registrant's competence, education, training or experience.

(3)  Knowingly permitting any professional staff to provide music, art or dance therapy that exceeds that person's competence, education, training or experience.

(4)  Failing when indicated to refer a client to a health care practitioner for treatment beyond the qualifications or scope of practice of the music, art or dance therapist.

(5)  Misrepresenting the scope of practice of music, art or dance therapy to a client or to the public.

(6)  Misrepresenting qualifications, education, credentials or professional affiliations to a client or to the public.

(7)  Failing to inform a client, or the client's authorized representative, about contraindications of music, art or dance therapy.

(8)  Providing music, art or dance therapy when benefits cannot reasonably be expected.

(9)  Guaranteeing the results of services offered, except that reasonable statements relating to prognosis and progress may be made.

(10)  Failing to inform a client, or the client's authorized representative, of the purpose, nature and effects of assessment and treatment.

(11)  Failing to avoid dual relationships, sexual misconduct and relationships with clients that may impair one's objectivity or create a conflict of interest. Dual relationships include, but are not limited to, treating employees, supervisees, students, friends or relatives.

(12)  Using an individual in research or as the subject of a teaching demonstration without obtaining the individual's informed consent.

(13)  Failing to assign credit to an individual who contributed to clinical services, publications, or presentations in proportion to the individual's contribution.

(14)  Engaging in conduct likely to deceive, defraud, or harm an individual or the public in the course of the practice of music, art or dance therapy.

(15)  Advertising in a manner which is false, deceptive or misleading.

(16)  Subject to ss. 111.321 , 111.322 and 111.34 , Stats., practicing music, art or dance therapy while the registrant's ability to practice is impaired by a mental or physical disorder, alcohol or drugs.

(17)  Subject to ss. 111.321 , 111.322 and 111.335 , Stats., being convicted of an offense the circumstances of which substantially relate to the practice of music, art or dance therapy.

(18)  Failing to maintain the confidentiality of all client information, unless consent is given by the client or disclosure is required by law or court order.

(19)  Knowingly placing false information in a client's records.

(20)  Failing to provide appropriate access to client records when requested by the department or its representative.

(21)  Knowingly providing false information to the department.

(22)  Knowingly making a material misstatement on an application for registration or for renewal of a registration.

(23)  Violating any rule adopted by the department relating to the practice of music, art or dance therapy.

(24)  Violating any term, provision or condition of any order issued by the department relating to the practice of music, art or dance therapy.

(25)  After a request by the department, failing to cooperate in a timely manner with the department's investigation of complaints filed against the applicant or registrant. There is a rebuttable presumption that a registrant or applicant who takes longer than 30 days to respond to a request made by the department has not acted in a timely manner under this paragraph.

(26)  Practicing psychotherapy, unless the registrant has been granted a license to practice psychotherapy.

Cr. Register, April, 1999, No. 520 , eff. 5-1-99; CR 02-125 : cr. (26) Register July 2003 No. 571 , eff. 8-1-03.