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Minnesota Legislature

Office of the Revisor of Statutes

HF 2041

as introduced - 91st Legislature (2019 - 2020) Posted on 03/21/2019 05:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2019

Current Version - as introduced

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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 2018, 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 Definition. new text end

new text begin "Conversion therapy" means any practice by a mental health
practitioner or mental health professional as defined in section 245.462 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
that provides assistance to an individual undergoing gender transition, or counseling 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 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
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 vulnerable adults shall be
considered unprofessional conduct and the mental health practitioner or mental health
professional may be subject 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 2018, section 256B.0625, is amended by adding a subdivision
to read:


new text begin Subd. 5m. new text end

new text begin Conversion therapy. new text end

new text begin Conversion therapy, as defined in section 214.078, is
not covered.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 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 when 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. 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