SF 23

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 01:00pm

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.

[214.078] PROTECTION FROM CONVERSION THERAPY.

Subdivision 1.

Definition.

"Conversion therapy" means any practice by a mental health
practitioner as defined in section 245I.04, subdivision 4, or a mental health professional as
defined in section 245I.04, subdivision 2, 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.

Subd. 2.

Prohibition.

(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.

(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 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

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

Subd. 5n.

Conversion therapy.

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

Sec. 3.

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

Subd. 7.

Advertisement and sales; misrepresentation of conversion therapy.

(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.

(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.