SB 31

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.