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HF 16

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/01/2023 12:47pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; prohibiting conversion therapy with children or vulnerable adults;
prohibiting medical assistance coverage for conversion therapy; prohibiting the
misrepresentation of conversion therapy services or products; amending Minnesota
Statutes 2022, sections 256B.0625, by adding a subdivision; 325F.69, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [214.078] PROTECTION FROM CONVERSION THERAPY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Client" for purposes of this section means a person
requesting or receiving services from a mental health practitioner or mental health
professional within the context of a relationship that a reasonable person would construe
as a professional relationship. A client may include a child, adolescent, adult, couple, family,
group, organization, community, or other entity.
new text end

new text begin (b) "Conversion therapy" means any practice by a mental health practitioner as defined
in section 245I.02, subdivision 26, or mental health professional as defined in section
245I.02, subdivision 27, that seeks to change an individual's sexual orientation or gender
identity, including efforts to change behaviors or gender expressions or to eliminate or
reduce sexual or romantic attractions or feelings toward individuals of the same gender.
Conversion therapy does not include counseling, practice, or treatment that provides
assistance to an individual undergoing gender transition, or counseling, practice, or treatment
that provides acceptance, support, and understanding of an individual or facilitates an
individual's coping, social support, and identity exploration and development, including
sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe
sexual practices, as long as the counseling, practice, or treatment does not seek to change
an individual's sexual orientation or gender identity.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) No mental health practitioner or mental health professional
shall engage in conversion therapy with a client younger than 18 years of age or with a
client who is a vulnerable adult as defined in section 626.5572, subdivision 21.
new text end

new text begin (b) Conversion therapy attempted by a mental health practitioner or mental health
professional with a client younger than 18 years of age or with a client who is a vulnerable
adult shall be considered unprofessional conduct that may subject the mental health
practitioner or mental health professional to disciplinary action by the licensing board of
the mental health practitioner or mental health professional.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 5n. new text end

new text begin Conversion therapy. new text end

new text begin Medical assistance does not cover conversion therapy
as defined in section 214.078, subdivision 1.
new text end

Sec. 3.

Minnesota Statutes 2022, section 325F.69, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Advertisement and sales; misrepresentation of conversion therapy. new text end

new text begin (a) For
purposes of this subdivision, "conversion therapy" means services or products that are
intended to change an individual's sexual orientation or gender identity, including efforts
to change behaviors and gender expressions or to eliminate or reduce sexual or romantic
attractions or feelings toward individuals of the same gender.
new text end

new text begin (b) No person or entity shall, while conducting any trade or commerce, use or employ
any fraud, false pretense, false promise, false guarantee, misrepresentation, false or
misleading statements, or deceptive practice by advertising or otherwise offering conversion
therapy services that could reasonably be interpreted or inferred as representing
homosexuality as a mental disease, disorder, or illness, or guaranteeing to change an
individual's sexual orientation or gender identity.
new text end