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LRB-1185/1
KP:kjf
2021 - 2022 LEGISLATURE
January 28, 2021 - Introduced by Joint Committee for Review of Administrative
Rules
. Referred to Committee on Labor and Regulatory Reform.
SB31,1,4 1An Act to renumber and amend 457.03 (2); and to create 457.03 (2) (a) 1. to
24. and 457.03 (2) (b) of the statutes; relating to: rules defining unprofessional
3conduct by marriage and family therapists, professional counselors, and social
4workers.
Analysis by the Legislative Reference Bureau
This bill prohibits the Marriage and Family Therapy, Professional Counseling,
and Social Work Examining Board from promulgating rules that establish certain
forms of conduct by marriage and family therapists, professional counselors, and
social workers (credential holders) as unprofessional conduct. Current law
authorizes the examining board to promulgate rules governing the professional
conduct of credential holders, and credential holders are subject to discipline for
violating the examining board's rules.
Under the bill, the examining board may not promulgate a rule that does
anything proposed by clearinghouse rule 19-166 or that establishes that any of the
following constitutes unprofessional conduct by a credential holder: 1)
discriminating on the basis of gender, gender identity, or ethnicity; 2) engaging in
sexual conduct with a former client; 3) employing or promoting a treatment that
attempts to change a person's sexual orientation or gender identity; and 4) failing to
adequately supervise subordinates.
Proposed by the examining board, clearinghouse rule 19-166 established the
following as constituting unprofessional conduct by a credential holder: 1)
discriminating on the basis of gender, gender identity, or ethnicity; 2) failing to

comply with child abuse reporting requirements; 3) engaging in sexual conduct with
either a person taught, supervised, or instructed by the credential holder or with a
former client; 4) taking unfair advantage of clients, students, supervisees, or
professional relationships; 5) failing to notify the examining board of a conviction
against the credential holder; 6) employing or promoting a treatment that attempts
to change a person's sexual orientation or gender identity; 7) aiding or assisting an
unlawful practice of marriage and family therapy, professional counseling, or social
work; 8) failing to obtain a client's written, informed consent before recording the
client; 9) failing to adequately supervise subordinates; 10) refusing to cooperate in
a timely manner with the examining board's investigations; and 11) withholding
documentation of clinical experience hours completed by a person the credential
holder supervises.
The bill is introduced as required by s. 227.19 (5) (g), stats., in support of the
objection of the Joint Committee for Review of Administrative Rules to promulgation
of clearinghouse rule 19-166 by the Marriage and Family Therapy, Professional
Counseling, and Social Work Examining Board. The proposed rule, as described
above, made various changes to rules defining unprofessional conduct for marriage
and family therapists, professional counselors, and social workers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB31,1 1Section 1. 457.03 (2) of the statutes is renumbered 457.03 (2) (a) (intro.) and
2amended to read:
SB31,3,23 457.03 (2) (a) (intro.) Upon the advice of the social worker section, marriage
4and family therapist section, and professional counselor section, promulgate rules
5establishing a code of ethics to govern the professional conduct of certificate holders
6and licensees. The rules shall specify the services included within the practice of
7social work, advanced practice social work, or independent social work that an
8individual who is certified under this chapter as a social worker, advanced practice
9social worker, or independent social worker may perform and the degree of
10supervision, if any, required to perform those services. The rules promulgated under
11this paragraph may not do anything proposed by clearinghouse rule 19-166 as
12submitted to the legislature under s. 227.19 on March 9, 2020. The rules

1promulgated under this paragraph may not establish that any of the following
2constitutes unprofessional conduct:
SB31,2 3Section 2. 457.03 (2) (a) 1. to 4. of the statutes are created to read:
SB31,3,54 457.03 (2) (a) 1. Discriminating on the basis of gender, gender identity, or
5ethnicity by means of service provided or denied.
SB31,3,96 2. Engaging in sexual contact, sexual conduct, or any other behavior that could
7be construed as seductive, romantic, harassing, or exploitative, with a former client,
8regardless of the amount of time that that has passed since the termination of
9professional services.
SB31,3,1310 3. Employing or promoting any intervention or method that has the purpose
11of attempting to change a person's sexual orientation or gender identity, including
12attempting to change behaviors or expressions of self or to reduce sexual or romantic
13attractions or feelings toward individuals of the same gender.
SB31,3,1414 4. Failing to adequately supervise subordinates.
SB31,3 15Section 3. 457.03 (2) (b) of the statutes is created to read:
SB31,3,1816 457.03 (2) (b) 1. The rules promulgated under par. (a) shall establish an amount
17of time after contact with a client within which a credential holder shall prepare
18clinical records.
SB31,3,2219 2. Notwithstanding par. (a) 4., the examining board may promulgate a rule
20establishing that a credential holder's failure to adequately supervise subordinates
21constitutes unprofessional conduct, if the rule clearly specifies the degree of
22supervision over subordinates that a credential holder is required to exercise.
SB31,3,2323 (End)
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