The Iowa Board of Behavioral Science regulates professional counselors and marriage and family therapists. The rules require notification of a criminal conviction and cooperation with the Board. The rules also require the licensee not to aid or abet unlawful practice. Further, a licensee may not engage in sexual contact with a current client, or a former client for 5 years, or indefinitely, if the client has a history of any physical, emotional, or sexual abuse, or has been diagnosed with any form of psychosis or personality disorder, or if the client is likely to continue to need therapy for a chronic condition. Although the Board’s rules do not expressly prohibit discrimination based on traditionally unlawful grounds, the rules do prohibit unethical conduct generally. (IAC s. 645.33.2).
Michigan: Michigan statute provides a list of provisions, the violation of which would result in penalties to a person credentialed under the Michigan Occupational Code, including social workers, professional counselors, and marriage and family therapists:
(a) Practices fraud or deceit in obtaining a license or registration.
(b) Practices fraud, deceit, or dishonesty in practicing an occupation.
(c) Violates a rule of conduct of an occupation.
(d) Demonstrates a lack of good moral character.
(e) Commits an act of gross negligence in practicing an occupation.
(f) Practices false advertising.
(g) Commits an act which demonstrates incompetence.
(h) Violates any other provision of this act or a rule promulgated under this act for which a penalty is not otherwise prescribed.
(i) Fails to comply with a subpoena issued under this act.
(j) Fails to respond to a citation as required by section 555.
(k) Violates or fails to comply with a final order issued by a board, including a stipulation, settlement agreement, or a citation.
(l) Aids or abets another person in the unlicensed practice of an occupation.
Additionally, professional counseling and marriage and family therapist licensees are prohibited by rule from performing any acts, tasks, or functions within the practice of their occupation unless trained to perform the task, act, or function in question. (MCL s. 333.18511, 333.18105). Minnesota: Minnesota’s social work statute prohibits discrimination on the same grounds as Wisconsin, except they have not removed “color” as an unlawful basis. (Minn. Stats. 148E.215). Although the professional counselor administrative rules do not expressly prohibit discrimination on the traditionally unlawful grounds or prohibit employing or promoting any intervention or method that has the purpose of attempting to change a person’s sexual orientation or gender identity, there is a provision requiring professional counselors to conform to minimum standards of acceptable and prevailing practice. (Minn. Admin R. 2150.7600).
Personal relationships between social workers, professional counselors, and marriage and family therapists and clients are prohibited if it would create a risk of client harm or of impairing a credential holder’s objectivity or judgment. Personal relationships with former clients are prohibited if a reasonable and prudent social worker would conclude that either the former client or social worker is emotionally dependent on the other. Minnesota also prohibits sexual contact with a client, and sexual contact with a former client for at least two years after the conclusion of the professional relationship. Sexual contact with a former client is never allowed if the social worker engaged in diagnosing, counseling, or treating a client with a mental, emotional, or behavioral disorder; unless the social worker can demonstrate that they have not intentionally or unintentionally coerced, exploited, deceived, or manipulated the client, has not suggested to the client that sexual conduct is consistent with or part of the former client’s treatment, and neither the client nor the social worker are emotionally dependent on each other. (See Minn. Stats. 148E.220, Minn. Admin R. 2150.7540).
Minnesota requires social workers to report criminal convictions to the Board within 90 days. Social workers also have a duty under Minnesota law to comply with state reporting requirements relating to duty to warn, maltreatment of minors, and maltreatment of vulnerable adults. (Minn. Stats. 148E.240). Social workers are also obligated to fully cooperate with board investigations. (Minn. Stats. 148E250).
Finally, social workers have an affirmative duty to seek supervision or consult when appropriate or necessary for competent practice, and an affirmative duty not to delegate tasks that a supervisor reasonably should know the individual is not competent to perform. (Minn. Stats. 148E.200).
Summary of factual data and analytical methodologies:
The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board performed a comprehensive review of chapter MPSW 20. There had not been a comprehensive review of this code chapter since 2002. This rule project reflects the Board’s efforts to revise the chapter for clarity, remove obsolete provisions, and ensure the chapter is current with professional standards and practices.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule will be posted for 14 days for comments relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
The preliminary rule draft was posted on the department’s website for 14 days to solicit economic impact comments. None were recieved.
Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the hearing scheduled for 11:00 AM on January 28, 2020 to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. MPSW 20.02 (intro.), (8) and (10) (c) are amended to read:
MPSW 20.02 Unprofessional conduct related to the practice under a credential issued
under ch. 457, Stats., includes, but is not limited to, engaging in, attempting to engage in, or aiding or abetting the following conduct:
(8) Discriminating on the basis of age, race, color, sexgender, gender identity, religion, creed, national origin, ancestry, disability or sexual orientation by means of service provided or denied.
(10) (c) If necessary to prevent injury to the client or another person, or to report suspected abuse or neglect of a child, or threatened abuse or neglect of a child, including mandatory reports under state or federal law.
Section 2. MPSW 20.02 (11) is repealed and recreated to read:
MPSW 20.02 (11) Engaging in sexual contact, sexual conduct, or any other behavior which could reasonably be construed as seductive, romantic, harassing, or exploitative, with:
(a) A client.
(b) A former client, regardless of the amount of time that has passed since the termination of professional services.
(c) A person to whom the credentialed person is providing teaching, supervisory, or other instructional services.
Section 3. MPSW 20.02 (12) and (13) are amended to read:
MPSW 20.02 (12) Failing to provideobtain the informed consent of the client or client’s authorized representative prior to providing treatment a description of what may be expected in the way of tests, consultation, reports, fees, billing, therapeutic regimen or schedule.
(13) Failing to avoid dual relationships or relationships that may impair the credentialed person’s objectivity or create a conflict of interest. Dual relationships prohibited to credentialed persons include the credentialed person treating the credentialed person’s employers, employees, supervisors, supervisees, close friends or relatives, and any other person with whom the credentialed person shares any important continuing relationship.
Section 4. MPSW 20.02 (13c) and (13g) are created to read:
MPSW 20.02 (13g) Developing a personal relationship with a former client that would impact the credentialed person’s objectivity. This restriction shall apply for two years following the termination of the credential holder-client relationship.
(13r) Taking unfair advantage of any professional relationship, or exploiting clients, students, or supervisees.
Section 5. MPSW 20.02 (14) is amended to read:
MPSW 20.02 (14) Failing to conduct an assessment, evaluation, or diagnosis
as a basis for treatment consultation.
