as a basis for treatment consultation.
Section 6. MPSW 20.02 (16) is repealed and recreated to read:
MPSW 20.02 (16) In the conduct of research, failing to obtain the informed consent of a study participant, failing to protect participants from physical or mental discomfort, harm or danger, or failing to detect and remove any undesirable consequences to the participants resulting from research procedures.
Section 7. MPSW 20.02 (18) is amended to read:
MPSW 20.02 (18) Failing to maintain adequate records relating to services provided to a client in the course of a professional relationship. A credential holder providing clinical services to a client shall maintain records documenting an assessment, a diagnosis, a treatment plan, progress notes, and a discharge summary. All clinical records shall be prepared in a timely fashion. Absent exceptional circumstances, clinical records shall be prepared not more than one week following client contact, and a discharge summary shall
be prepared promptly following closure of the client’s case. Clinical records shall be maintained for at least 7 years after the last service provided, unless otherwise provided by state or federal law.
Section 8. MPSW 20.02 (20) and (23) are amended to read:
MPSW 20.02 (20) Failing to notify the board that a license, certificate or registrationcredential forpermitting the practice of any profession previously issued to the credential holder has been revoked, suspended, limited, or denied, surrendered under investigation, or subject to any other disciplinary action by the authorities of any jurisdiction.
(23) Having a license, registration, or certificate credential permitting the practice or use of a title related to of marriage and family therapy, professional counseling, or social work revoked, suspended, limited, denied, surrendered under investigation, or, or authorizing the use of the title “marriage and family therapist,” “professional counselor,” “social worker”, or similar terms, subject to disciplinerevoked, suspended, limited, or subjected to any other discipline, by any other jurisdiction.
Section 9. MPSW 20.02 (24), (25), (26), (27), (28), (29), (30), and (31) are created to read:
(24) Failing to notify the appropriate section in writing within 48 hours after the entry of a judgment of conviction for a felony or misdemeanor against the credentialed person, including the date, place, and nature of the conviction or finding. Notice shall include a copy of the judgment of conviction and a copy of the complaint or other information which describes the nature of the crime in order that the section may determine whether the circumstances of the crime of which the credential holder was convicted are substantially related to the credential holder’s practice.
(25) Employing or promoting any intervention or method that has the purpose of attempting to change a person’s sexual orientation or gender identity, including attempting to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender. This does not include counseling that assists a client who is seeking to undergo a gender transition or who is in the process of undergoing a gender transition, or counseling that provides a client with acceptance, support, understanding, or that facilitates a client’s coping, social support, and identity exploration or development. Nor does it include counseling in the form of sexual orientation-neutral or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, so long as the counseling is not provided for the purpose of attempting to change the client’s sexual orientation or gender identity.
(26) Knowingly aiding, assisting, or advising in the unlawful practice of marriage and family therapy, professional counseling, or social work.
(27) Failing to comply with mandatory child abuse reporting requirements under state or federal law.
(28) Failing to obtain written, informed consent from the client or client’s legal representative prior to the use of electronic taping, recording, or filming procedures, unless the electronic taping, recording, or filming is necessary as part of a legal investigation or proceedings.
(29) Failing to exercise an adequate degree of supervision over subordinates.
(30) Refusing to cooperate in a timely manner with the section’s investigation of a complaint lodged against a credentialed person. Credentialed persons taking longer than 30 days to respond shall have the burden of demonstrating that they have acted in a timely manner.
(31) Withholding documentation, or approval for submission, of a supervisee’s clinical experience hours required to obtain a credential.
Section 10. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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