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Wisconsin Legislature: AB359: Bill Text
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AB359: Bill Text
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2025 - 2026 LEGISLATURE
LRB-3399/1
JPC:skw
2025 ASSEMBLY BILL 359
July 17, 2025 - Introduced by Representatives
Snodgrass
,
Cruz
,
Neubauer
,
Phelps
,
Rivera-Wagner
,
Spaude
,
Stroud
,
Udell
,
Arney
,
Clancy
,
Anderson
,
Andraca
,
Bare
,
Brown
,
DeSanto
,
DeSmidt
,
Emerson
,
Fitzgerald
,
Hong
,
Joers
,
Johnson
,
Madison
,
Mayadev
,
Miresse
,
Moore Omokunde
,
Palmeri
,
Prado
,
Roe
,
Sheehan
,
Subeck
,
Tenorio
,
Vining
and
Haywood
, cosponsored by Senators
Carpenter
,
Dassler-Alfheim
,
Roys
,
Spreitzer
,
Ratcliff
,
Drake
,
Habush Sinykin
,
Hesselbein
,
L. Johnson
,
Keyeski
,
Larson
,
Pfaff
,
Smith
,
Wall
and
Wirch
. Referred to Committee on Health, Aging and Long-Term Care.
AB359,1,2
1
An Act
to amend
448.02 (9) (intro.);
to create
51.608, 448.02 (3m), 455.09 (1m)
2
and 457.26 (1m) of the statutes;
relating to:
prohibiting conversion therapy.
Analysis by the Legislative Reference Bureau
This bill prohibits certain mental health providers from engaging in conversion therapy with a minor. Conversion therapy is defined under the bill to mean any intervention or method that has the purpose of attempting to change a person’s sexual orientation or gender identity, including any intervention or method that attempts to change behaviors or expressions of self or to reduce sexual or romantic attractions or feelings toward individuals of the same gender. However, under the bill, conversion therapy does not include counseling that assists an individual who is seeking to undergo a gender transition or who is in the process of undergoing a gender transition; counseling that provides a client with acceptance, support, or understanding; counseling that facilitates a client’s coping, social support, and identity exploration or development; or 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, but only if the counseling is not provided for the purpose of attempting to change the client’s sexual orientation or gender identity.
Under the bill, the Medical Examining Board, the Psychology Examining Board, and the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board are required to investigate any allegation that any person licensed, certified, or otherwise authorized to practice by the respective boards has violated the prohibition on performing conversion therapy. Upon a finding that the holder of a license, certificate, or other authorization has violated the prohibition on performing conversion therapy, the bill requires the applicable examining board to limit, suspend, or revoke the person’s license, certificate, or other authorization, or any combination of the three.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB359,1
1
Section
1
.
51.608 of the statutes is created to read:
AB359,2,2
2
51.608 Conversion therapy prohibited. (1)
Definitions
. In this section:
AB359,2,7
3
(a) 1. “Conversion therapy” means any intervention or method that has the
4
purpose of attempting to change an individual’s sexual orientation or gender
5
identity, including any intervention or method that attempts to change behaviors or
6
expressions of self or to reduce sexual or romantic attractions or feelings toward
7
individuals of the same gender.
AB359,2,17
8
2. “Conversion therapy” does not include counseling that assists an individual
9
who is seeking to undergo a gender transition or who is in the process of undergoing
10
a gender transition, counseling that provides an individual with acceptance,
11
support, or understanding, or counseling that facilitates an individual’s coping,
12
social support, and identity exploration or development. “Conversion therapy” does
13
not include counseling in the form of sexual orientation-neutral or gender identity-
14
neutral interventions provided for the purpose of preventing or addressing
15
unlawful conduct or unsafe sexual practices, but only if the counseling is not
16
provided for the purpose of attempting to change the individual’s sexual orientation
17
or gender identity.
AB359,2,18
18
(b) “Mental health provider” means any of the following:
AB359,3,1
1
1. A physician licensed under ch. 448.
AB359,3,2
2
2. A psychologist licensed under ch. 455.
AB359,3,3
3
3. A marriage and family therapist licensed under s. 457.10 or 457.11.
AB359,3,4
4
4. A professional counselor licensed under s. 457.12 or 457.13.
AB359,3,5
5
5. Any social worker who holds a license or certificate granted under ch. 457.
AB359,3,7
6
6. A person who is practicing under a valid training or temporary license or
7
certificate granted under ch. 457.
AB359,3,9
8
7. A student, intern, volunteer, or other person assisting or acting under the
9
direction of an individual described in subds. 1. to 6.
AB359,3,11
10
(2)
Conversion therapy prohibited.
No mental health provider may
11
engage in conversion therapy with an individual who is under 18 years of age.
AB359,2
12
Section
2
.
448.02 (3m) of the statutes is created to read:
AB359,3,14
13
448.02
(3m)
Investigation; hearing; action for prohibited conversion
14
therapy
. Notwithstanding sub. (3):
AB359,3,19
15
(a) The board shall investigate allegations that any person holding a license or
16
certificate granted by the board has violated s. 51.608 (2). After an investigation, if
17
the board finds that there is probable cause to believe that the person violated s.
18
51.608 (2), the board shall hold a hearing on such conduct. The board shall render
19
a decision within 60 days after the date on which the hearing is held.
AB359,3,21
20
(b) After a hearing under par. (a), if the board determines that the person has
21
violated s. 51.608 (2), the board shall do one or more of the following:
AB359,3,22
22
1. Limit the person’s license or certificate.
AB359,3,23
23
2. Suspend the person’s license or certificate.
AB359,4,1
1
3. Revoke the person’s license or certificate.
AB359,4,7
2
(c) The board may condition the removal of limitations on a license or
3
certificate imposed under this subsection or the restoration of a license that was
4
suspended or revoked under this subsection upon obtaining minimum results
5
specified by the board on a professional competency examination if the board
6
believes that obtaining the minimum results is related to correcting the basis upon
7
which the limitation, suspension, or revocation was imposed.
AB359,4,16
8
(d) A person whose license or certificate is limited under this subsection shall
9
be permitted to continue to practice upon the condition that the person will refrain
10
from engaging in unprofessional conduct; that the person will occasionally appear
11
before the board or its officers or agents at such times and places as may be
12
designated by the board; that the person will fully disclose to the board or its
13
officers or agents the nature of the person’s practice and conduct; that the person
14
will fully comply with the limits placed on his or her practice and conduct by the
15
board; that the person will obtain additional training, education, or supervision
16
required by the board; and that the person will cooperate with the board.
AB359,4,23
17
(e) Unless a license or certificate that is suspended under this subsection is
18
revoked during the period of suspension, upon the expiration of the period of
19
suspension, the license or certificate shall again become operative and effective.
20
However, the board may require the holder of any such suspended license or
21
certificate to pass any examination required for the original grant of the license or
22
certificate before allowing such suspended license or certificate again to become
23
operative and effective.
AB359,5,3
1
(f) The board shall comply with rules of procedure for the investigation,
2
hearing, and action under this subsection that are promulgated under ss. 440.03 (1)
3
and 448.40.
AB359,3
4
Section
3
.
448.02 (9) (intro.) of the statutes is amended to read:
AB359,5,10
5
448.02
(9)
Judicial review.
(intro.) No injunction, temporary injunction,
6
stay, restraining order or other order may be issued by a court in any proceeding for
7
review that suspends or stays an order of the board to discipline a physician under
8
sub. (3) (c)
or (3m) (b)
or to suspend or limit a physician’s license under sub. (4),
9
except upon application to the court and a determination by the court that all of the
10
following conditions are met:
AB359,4
11
Section
4
.
455.09 (1m) of the statutes is created to read:
AB359,5,16
12
455.09
(1m)
Notwithstanding sub. (1), and subject to the rules promulgated
13
under s. 440.03 (1), upon a finding that a licensee, a holder of authority to practice
14
interjurisdictional telepsychology, or a holder of temporary authorization to
15
practice has violated s. 51.608 (2), the examining board shall do one or more of the
16
following:
AB359,5,17
17
(a) Limit the person’s license or authorization.
AB359,5,18
18
(b) Suspend the person’s license or authorization.
AB359,5,19
19
(c) Revoke the person’s license or authorization.
AB359,5
20
Section
5
.
457.26 (1m) of the statutes is created to read:
AB359,6,6
21
457.26
(1m)
Notwithstanding sub. (1), and subject to the rules promulgated
22
under s. 440.03 (1), the appropriate section of the examining board shall investigate
23
any allegation that a credential holder has violated s. 51.608 (2). After an
1
investigation, if the appropriate section of the examining board determines that
2
there is probable cause to believe that the credential holder has violated s. 51.608
3
(2), the appropriate section of the examining board shall conduct a hearing on such
4
conduct. If, after a hearing, the appropriate section of the examining board finds
5
that the credential holder has violated s. 51.608 (2), the appropriate section of the
6
examining board shall do one or more of the following:
AB359,6,7
7
(a) Limit the person’s credential.
AB359,6,8
8
(b) Suspend the person’s credential.
AB359,6,9
9
(c) Revoke the person’s credential.
AB359,6,10
10
(end)
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