An Act to amend 448.02 (9) (intro.); to create 51.608, 448.02 (3m), 455.09 (1m) and 457.26 (1m) of the statutes; Relating to: prohibiting conversion therapy.
AB359 would prohibit mental health providers from performing conversion therapy on minors in Wisconsin. The bill defines conversion therapy broadly as any intervention intended to change a person’s sexual orientation or gender identity, including efforts to reduce same-sex attraction or alter behaviors or expressions associated with sexual orientation or gender identity. It also specifies several exclusions, including counseling that supports a person undergoing gender transition, counseling that provides acceptance or support, identity exploration or coping assistance, and neutral interventions aimed at preventing unlawful conduct or unsafe sexual practices so long as they are not intended to change sexual orientation or gender identity.
The bill applies to a wide range of licensed or credentialed providers, including physicians, psychologists, marriage and family therapists, professional counselors, social workers, and certain trainees or supervised individuals. It creates a new statutory prohibition in ch. 51 and directs the relevant examining boards to investigate alleged violations. If a board finds probable cause and then determines after a hearing that a provider violated the ban, it must limit, suspend, or revoke the provider’s license, certificate, or other authorization. The bill also makes related changes to disciplinary and judicial-review provisions governing physicians, psychologists, and marriage and family therapy/professional counseling/social work credential holders.
The general sentiment reflected by the bill’s introduction and sponsorship is supportive of restricting conversion therapy, with a large bipartisan-looking coalition of legislative authors and cosponsors, though the available record does not include committee testimony or recorded votes. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1, so it did not become law.
The main point of contention likely concerns the scope of the prohibition and the treatment of counseling related to sexual orientation and gender identity, especially the line between prohibited conversion therapy and permitted supportive or exploratory counseling. Another likely issue is the bill’s impact on professional practice and disciplinary authority, since it would require licensing boards to investigate complaints and impose serious sanctions, including suspension or revocation, for violations.
AB359 would add a new statewide prohibition on conversion therapy for minors and expand the disciplinary authority of multiple licensing boards. It would create s. 51.608 and related enforcement provisions in the physician, psychology, and marriage and family therapy/professional counseling/social work statutes, requiring boards to investigate allegations, hold hearings, and impose discipline for violations. The bill would therefore affect state regulation of mental health practice, professional licensing, and board enforcement procedures, while also clarifying which counseling practices remain permissible.
The bill appears to have been introduced with strong support from a broad group of legislators, suggesting favorable sentiment toward banning conversion therapy for minors. However, there is no committee transcript or vote record in the provided material, so the public debate cannot be directly measured from the available sources. The bill’s failure to pass indicates that, despite support among authors, it did not secure final legislative approval.
The likely areas of contention are whether the state should regulate counseling for minors in this way, how broadly conversion therapy should be defined, and whether the bill could be seen as limiting certain forms of counseling or professional discretion. Supporters would emphasize protecting minors from harmful practices and aligning professional standards with the ban, while opponents would likely focus on free speech, parental rights, religious concerns, and the risk of chilling counseling that addresses sexual orientation or gender identity without seeking to change it.