AB567: Bill Text

LRB-0958/1

JEO:skg:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 567

September 25, 1995 - Introduced by Representatives Bell, Bock, Boyle, Baldwin, Kaufert, Olsen, Musser, Notestein, Plache, Ryba, Wasserman, Schneiders, Riley and Robson, cosponsored by Senators Burke, Moen, A. Lasee and Darling. Referred to Committee on Consumer Affairs.

AB567,1,7 An Act to renumber 441.115; to renumber and amend 441.07 (2), 448.02 (6) and 455.09 (3); to amend 457.25 (4) and 978.07 (1) (d); and to create 441.07 (1d), 441.07 (1h), 441.07 (2) (b), 441.075, 441.115 (2), 448.02 (3g), 448.02 (3r), 448.02 (6) (b), 448.03 (2) (jm), 448.35, 455.02 (4), 455.085, 455.09 (1g), 455.09 (1r), 455.09 (3) (b), 457.02 (3m), 457.035, 457.26 (3), 457.26 (4), 457.26 (5) and 940.22 (3) (e) of the statutes; relating to: disciplinary proceedings against certain therapists convicted of sexual exploitation.

Analysis by the Legislative Reference Bureau

Current law prohibits a therapist from having sexual contact with any of his or her patients or clients. Current law defines "therapist" as a physician, psychologist, social worker, nurse, chemical dependency counselor, member of the clergy or any other person, whether or not licensed, who performs or purports to perform psychotherapy. Under current law, if the therapist is licensed and is convicted of having sexual contact with a patient or client, the therapist may be disciplined by the examining board which licensed him or her (the board of nursing, the medical examining board, the psychology examining board or the examining board of social workers, marriage and family therapists and professional counselors) on the basis of either being a felon or engaging in unprofessional conduct. Under current law, the appropriate examining board's disciplinary proceeding could result in a reprimand of the license holder or a limitation, suspension or revocation of the license.

This bill requires the appropriate examining board to revoke a therapist's license for 3 years upon the first conviction for having sexual contact with a patient or client, and requires the examining board to revoke a therapist's license permanently for a 2nd such conviction. The bill sets conditions on reinstatement for a therapist whose license has been revoked as a result of a first-time conviction for having sexual contact with a patient or client. The bill also requires the appropriate examining board to provide patients or clients with notice of certain disciplinary hearings and an opportunity to attend the hearings or to provide a written statement to the examining board. The bill requires that records of complaints against therapists for having sexual contact with a patient or client must be kept for 10 years. Finally, the bill requires the examining boards to prepare an informational brochure on sexual misconduct by therapists for distribution to therapists and to patients and clients.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB567, s. 1 Section 1. 441.07 (1d) of the statutes is created to read:

AB567,2,6 441.07 (1d) (a) If a person licensed under this chapter is convicted under s. 940.22 (2) and the person has no previous convictions under that section, the board shall revoke his or her license for 3 years. If the person is convicted under s. 940.22 (2) and has a previous conviction under that section, the board shall revoke his or her license permanently.

AB567,2,12 (b) The board may not reinstate the license of a person whose license has been revoked under par. (a) and who is eligible for reinstatement of his or her license unless the person has submitted evidence satisfactory to the board that he or she has been evaluated for the need for treatment by, and has completed any recommended treatment with, a person or facility that the board considers qualified and appropriate to evaluate and treat the person whose license has been revoked.

AB567,3,3 (c) In any proceeding for revocation under par. (a), the board shall allow a patient or client who has an interest in the proceeding, or the patient's or client's designated representative, to attend all hearings held by the board concerning the proceeding. The board shall give notice of the hearing to the patient, client or designated representative by mailing a written statement informing the patient, client or designated representative of the time, place and nature of the hearing. The notice shall be mailed at least 10 days before the date of the hearing.

AB567,3,7 (d) The board shall maintain a record of a complaint that a person licensed under this chapter violated s. 940.22 (2) and of any proceedings under this section based on that complaint for 10 years after the date on which the complaint is received.

AB567, s. 2 Section 2. 441.07 (1h) of the statutes is created to read:

AB567,3,15 441.07 (1h) The board shall notify a patient or client who has an interest in a proceeding under this section, or the patient's or client's designated representative, as soon as reasonably practical after the board makes a final decision on whether to suspend, limit or revoke a license or reprimand a person licensed under this chapter. The board shall notify the patient, client or designated representative of the board's final decision under this subsection, by telephone and by a written statement mailed to the patient, client or designated representative.

AB567, s. 3 Section 3. 441.07 (2) of the statutes is renumbered 441.07 (2) (a) and amended to read:

AB567,3,20 441.07 (2) (a) The Except as provided in par. (b) and sub. (1d), the board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement.

AB567, s. 4 Section 4. 441.07 (2) (b) of the statutes is created to read:

AB567,4,6 441.07 (2) (b) If a license is revoked under sub. (1d), the board shall mail a written notice of any hearing that the board holds on the application for reinstatement to a patient or client whose complaint formed a basis for the conviction and to the office of the district attorney that handled the prosecution of the licensee, if they can be found. The notice shall be mailed at least 2 weeks before the hearing. The notice shall inform the person or office notified of the manner in which the person or office may provide written statements to the board concerning the application for reinstatement. The board shall give consideration to any written statements provided by the person or office and received on or before the date specified in the notice.

AB567, s. 5 Section 5. 441.075 of the statutes is created to read:

AB567,4,16 441.075 Information on sexual exploitation by licensees. (1) The board shall publish an informational brochure about sexual exploitation by a person licensed under this chapter. The brochure shall be made available to all applicants for licenses and all persons licensed under this chapter and to a patient or client who complains to the board or another authority about sexual exploitation by a person licensed under this chapter. The brochure shall be developed by the board in consultation with the medical examining board, the psychology examining board, the examining board of social workers, marriage and family therapists and professional counselors and the coalition for ethics in professional relationships.

AB567,4,18 (2) The brochure prepared under sub. (1) shall include all of the following information:

AB567,4,19 (a) A legal and an informal definition of sexual exploitation by a therapist.

AB567,4,21 (b) A brief description of common personal reactions and histories of a victim of sexual exploitation.

AB567,4,22 (c) A patient's or client's bill of rights.

AB567,4,24 (d) A list of the options for reporting sexual exploitation and instructions for each option.

AB567,5,2 (e) A full description of administrative, civil, criminal and professional association complaint procedures.

AB567,5,4 (f) A description of services available for the support of a victim of sexual exploitation.

AB567, s. 6 Section 6. 441.115 of the statutes is renumbered 441.115 (1).

AB567, s. 7 Section 7. 441.115 (2) of the statutes is created to read:

AB567,5,11 441.115 (2) A person whose license is revoked under s. 441.07 (1d) (a) may work as a researcher in the area of nursing or as an administrator of an institution that provides training for nurses, provides nursing services or conducts research in the area of nursing if the person does not engage in the practice of professional nursing or the practice of practical nursing.

AB567, s. 8 Section 8. 448.02 (3g) of the statutes is created to read:

AB567,5,17 448.02 (3g) Sexual exploitation by a therapist. (a) If a person licensed as a physician under this chapter is convicted under s. 940.22 (2) and the person has no previous convictions under that section, the board shall revoke his or her license for 3 years. If the person is convicted under s. 940.22 (2) and has a previous conviction under that section, the board shall revoke his or her license permanently.

AB567,5,23 (b) The board may not reinstate the license of a person whose license has been revoked under par. (a) and who is eligible for reinstatement of his or her license unless the person has submitted evidence satisfactory to the board that he or she has been evaluated for the need for treatment by, and has completed any recommended treatment with, a person or facility that the board considers qualified and appropriate to evaluate and treat the person whose license has been revoked.

AB567,6,5 (c) In any proceeding for revocation under par. (a), the board shall allow a patient or client who has an interest in the proceeding, or the patient's or client's designated representative, to attend all hearings held by the board concerning the proceeding. The board shall give notice of the hearing to the patient, client or designated representative by mailing a written statement informing the patient, client or designated representative of the time, place and nature of the hearing. The notice shall be mailed at least 10 days before the date of the hearing.

AB567,6,9 (d) The board shall maintain a record of a complaint that a person licensed under this chapter violated s. 940.22 (2) and of any proceedings under this section based on that complaint for 10 years after the date on which the complaint is received.

AB567, s. 9 Section 9. 448.02 (3r) of the statutes is created to read:

AB567,6,18 448.02 (3r) Notice of decision. The board shall notify a patient or client who has an interest in a proceeding under this section, or the patient's or client's designated representative, as soon as reasonably practical after the board makes a final decision on whether to suspend, limit or revoke a license, certificate or limited permit or reprimand a person holding a license, certificate or limited permit granted by the board. The board shall notify the patient, client or designated representative of the board's final decision under this subsection, by telephone and by a written statement mailed to the patient, client or designated representative.

AB567, s. 10 Section 10. 448.02 (6) of the statutes is renumbered 448.02 (6) (a) and amended to read:

AB567,6,24 448.02 (6) (a) The Except as provided in par. (b) and sub. (3g), the board may restore any license, certificate or limited permit which has been voluntarily surrendered or revoked under any of the provisions of this chapter, on such terms and conditions as it may deem appropriate.

AB567, s. 11 Section 11. 448.02 (6) (b) of the statutes is created to read:

AB567,7,10 448.02 (6) (b) If a license, certificate or limited permit is revoked under sub. (3g), the board shall mail a written notice of any hearing that the board holds on the application for reinstatement to a patient or client whose complaint formed a basis for the conviction and to the office of the district attorney that handled the prosecution of the licensee, if they can be found. The notice shall be mailed at least 2 weeks before the hearing. The notice shall inform the person or office notified of the manner in which the person or office may provide written statements to the board concerning the application for reinstatement. The board shall give consideration to any written statements provided by the person or office and received on or before the date specified in the notice.

AB567, s. 12 Section 12. 448.03 (2) (jm) of the statutes is created to read:

AB567,7,16 448.03 (2) (jm) Any person whose license, certificate or limited permit is revoked under s. 448.02 (3g) (a) who is working solely as a researcher in an area of practice regulated under this chapter or solely as an administrator of an institution that provides training or services or conducts research in an area of practice regulated under this chapter.

AB567, s. 13 Section 13. 448.35 of the statutes is created to read: